- Petitions and Dispositions Regarding Rule Variance or Waiver (8)
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On April 30, 2014 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 61C-4.010(7) Florida Administrative Code and Paragraph 61C-4.010(6), Florida Administrative Code from Roger Sandwiches located in Orange Park. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom be provided for use by customers. They are requesting to share the bathrooms located within an adjacent establishment under the same ownership for use by customers only.
The Petition for this variance was published in Vol. 40/86 on May 02, 2014. The Order for this Petition was signed and approved on May 08, 2014. 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 bathrooms located within Cedar's Food Mart are maintained in a clean and sanitary manner and are provided with cold running water under pressure, soap, approved hand drying devices, and are available during all hours of operation. The Petitioner shall also ensure directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the ownership of Cedar's Food Mart (Cedar's Food Mart Inc - Mary P. Naddaf) changes, an updated signed agreement for use of the bathroom facilities is required immediately.
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The Criminal Justice Standards and Training Commission has issued an order. On May 1, 2014, the Criminal Justice Standards and Training Commission, received a petition a temporary 180 day waiver of the requirements of Rule 11B-27.002(4)(a)(b), F.A.C., by Robert Houghton. Petitioner wished to waive that portion of the rule which requires an officer to obtain employment within four years of beginning basic recruit training. The Petitioner asserted that he could not obtain employment within the four year window. The Petitioner asserted that he was in the process of becoming hired by Sanford Police Department. The Petitioner stated that the operation of the rule would violate the principles of fairness because Petitioner is so close to employment with Sanford Police Department. The Petitioner stated that the operation of the rule created a substantial hardship for Petitioner because to force him to retake basic and pass the exam at this point would be penalizing him for the lengthy hiring process he has been through. Petitioner sought a temporary variance to ensure that the Petitioner can be processed into his position with Sanford Police Department. Notice of receipt of the petition was published in the Florida Administrative Register, Volume 40, Number 87, May 5, 2014.
On May 8, 2014, at its regularly scheduled business agenda meeting held in Jacksonville, FL, the Commission found that the Petitioner’s situation is not unique. The Petitioner did not demonstrate that the strict application of the Commission's rules in this case would violate the principles of fairness. The Commission found that the purposes of the underlying statute, Section 943.13, F.S., to ensure that officers meet strict qualification criteria and minimum training requirements, would not be addressed in an alternative method by granting this rule waiver. The Commission denied the Petitioner's waiver request.
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The Criminal Justice Standards and Training Commission has issued an order. On April 23, 2014, the Criminal Justice Standards and Training Commission, received a petition a temporary 60 day variance of the requirements of Rule 11B-27.002(4)(a)(b), F.A.C., by George F. Record II. Petitioner wishes to vary that portion of the rule which requires an officer to obtain employment within four years of beginning basic recruit training. The Petitioner asserts that he could not obtain employment within the four year window. The Petitioner asserts that he is in the process of becoming hired by Mexico Beach Police Department (MBPD) where he is a Reserve Officer. The Petition states that the operation of the rule would violate the principles of fairness because Petitioner is so close to employment with MBPD. The Petition states that the operation of the rule creates a substantial hardship for Petitioner because he has attempted to become employed with many agencies for the last four years and is very close to completing employment prerequisites with MBPD. Petitioner seeks a temporary 60 day variance to ensure that he can be processed into his position with MBPD. Notice of receipt of the petition was published in the Florida Administrative Register, Volume 40, Number 84, April 30, 2014.
On May 8, 2014, at its regularly scheduled business agenda meeting held in Jacksonville, FL, the Commission found that the Petitioner’s situation is unique. The Petitioner demonstrated that the strict application of the Commission's rules in this case would violate the principles of fairness. The Commission found that the purposes of the underlying statute, Section 943.13, F.S., to ensure that officers meet strict qualification criteria and minimum training requirements, would be addressed in an alternative method by granting this rule waiver. The Commission granted the Petitioner's variance request.
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That on April 23, 2014, it received a petition for a temporary waiver of the requirements of Rule 11B-27.002(4)(a)(b), F.A.C., by Andrea D. Kirkland. Petitioner wished to waive that portion of the rule which requires an officer to obtain employment within four years of beginning basic recruit training. The Petitioner asserted that she could not obtain employment within the four year window. The Petitioner asserted that she was in the process of becoming hired by Florida City Police Department. The Petition stated that the operation of the rule would violate the principles of fairness because Petitioner is so close to employment with Florida City PD. The Petition stated that the operation of the rule created a substantial hardship for her because to force her to retake basic and pass the exam at this point would be penalizing her for the lengthy hiring process she has been through. Petitioner sought a temporary variance to ensure that the Petitioner can be processed into her position with Florida City PD.. Notice of receipt of the petition was published in the Florida Administrative Register, Volume 40, Number 80, April 24, 2014.
On May 8, 2014, at its regularly scheduled business agenda meeting held in Jacksonville, FL, the Commission found that the Petitioner’s situation is not unique. The Petitioner did not demonstrate that the strict application of the Commission's rules in this case would violate the principles of fairness. The Commission found that the purposes of the underlying statute, Section 943.13, F.S., to ensure that officers meet strict qualification criteria and minimum training requirements, would not be addressed in an alternative method by granting this rule waiver. The Commission denied the Petitioner's waiver request.
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That the Criminal Justice Standards and Training Commission has issued an order. On February 12, 2014, the Criminal Justice Standards and Training Commission, received a petition for a temporary variance of the requirements of Rule 11B-27.002(4)(a)(b), F.A.C., by Kimberly Perez. Petitioner wishes to vary that portion of the rule which requires an officer to obtain employment within four years of beginning basic recruit training. The Petitioner asserted that she could not obtain employment within the four year window. The Petitioner asserted that she was in the process of becoming rehired by the Florida Department of Corrections (DoC) after completing her proficiencies and passing the State Officer Certification Examination. The Petitioner’s eligibility for hire expired February 15, 2014. The Petition stated that the operation of the rule would violate the principles of fairness because Petitioner is so close to employment with DoC The Petition stated that the operation of the rule created a substantial hardship for Petitioner because to force her to retake basic and pass the exam at this point would be penalizing her for the lengthy hiring process she has been through since she applied in June of 2013. Petitioner sought a temporary variance from February 15, 2014, through July 15, 2014 to ensure that the Petitioner can be processed into her position with DoC. Notice of receipt of the petition was published in the Florida Administrative Register, Volume 40, Number 33, February 18, 2014.
On May 8, 2014, at its regularly scheduled business agenda meeting held in Jacksonville, FL, the Commission found that the Petitioner’s situation is not unique. The Petitioner did not demonstrate that the strict application of the Commission's rules in this case would violate the principles of fairness. The Commission found that the purposes of the underlying statute, Section 943.13, F.S., to ensure that officers meet strict qualification criteria and minimum training requirements, would not be addressed in an alternative method by granting this rule variance. The Commission denied the Petitioner's variance request.
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The Criminal Justice Standards and Training Commission has issued an order. On April 22, 2014, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rule 11B-30.006(2)(a), F.A.C., by Palm Beach College Criminal Justice Institute on behalf of Katrina Brown and Theresa Kitchen. Petitioner wishes to waive that portion of the rule which requires recruits to pass basic recruit training (BRT) before taking the State Officer Certification Examination (SOCE). The Petitioner stated that the two named recruits were improperly permitted two remediations for defensive tactics and were improperly permitted to graduate as passing BRT. The impropriety was discovered in an audit. Unfortunately, the two recruits had already passed the SOCE at the time the issue was discovered. Petitioner brought the recruits back and they both took defensive tactics again and passed. However, they had a new completion date for BRT and it was after the date on which they passed the SOCE, which is in contravention to the rule. The Petition stated that the operation of the rule would violate the principles of fairness because the two recruits have already passed the SOCE. Further, the Petitioner states that making the recruits take the SOCE again would cause them substantial hardship and burden them in a manner unlike others who are subject to the rule. The Petition states that the purposes of the underlying statute, Section 943.13(10), F.S., which requires recruits to pass the SOCE prior to becoming certified, has already been satisfied in this case. Notice of receipt of the petition was published in the Florida Administrative Register, Volume 40, Number 79, April 23, 2014.
On May 8, 2014, at its regularly scheduled business agenda meeting held in Jacksonville, FL, the Commission found that the Petitioner’s situation is unique. The Petitioner did demonstrate that the strict application of the Commission's rules in this case would violate the principles of fairness and cause substantial hardship to the students. The Commission found that the purposes of the underlying statute, Section 943.13, F.S., to ensure that officers meet strict qualification criteria and minimum training requirements prior to becoming employed, would be addressed in an alternative method by granting this rule waiver. The Commission granted the Petitioner's waiver request.
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The Criminal Justice Standards and Training Commission has issued an order. On April 28, 2014, the Criminal Justice Standards and Training Commission, received a petition for a temporary waiver of Rule 11B-27.00213(4)(b), F.A.C., by Connie Dillard. The rule requires recruits to wait four years before attempting another Temporary Employment Authorization (TEA) once they have been terminated from a TEA position. Petitioner's employer terminated her TEA prior to her becoming certified. Petitioner seeks a waiver of this rule so that she may seek another TEA at another facility and, thereby, remain employed while she fulfils the requirements of Section 943.13, F.S., to become certified.. Notice of receipt of the petition was published in the Florida Administrative Register, Volume 40, Number 83, April 29, 2014.
On May 8, 2014, at its regularly scheduled business agenda meeting held in Jacksonville, FL, the Commission found that the Petitioner’s situation is not unique. The Petitioner did not demonstrate that the strict application of the Commission's rules in this case would violate the principles of fairness. The Commission found that the purposes of the underlying statute, Section 943.13, F.S., to ensure that officers meet strict qualification criteria and minimum training requirements, would not be addressed in an alternative method by granting this rule waiver. The Commission denied the Petitioner's waiver request.
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Clifford David Johnson, seeking a variance or waiver of an unspecified rule requiring that transcripts be submitted from the massage therapy school he attended in order to be licensed in Florida. Comments on this petition should be filed with the Board of Massage Therapy, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3258, within 14 days of publication of this notice.
- Notices of Meetings, Workshops and Public Hearings (15)
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To conduct interviews for the Parole Commissioner position.; May 21, 2014, 10:00 AM; Florida Bar’s Tampa Meeting Room, 4200 George J. Bean Parkway, Suite 2580, Tampa, FL 33607
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The Coral Reef Conservation Program is holding the third meeting of the Our Florida Reefs South Community Working Group for working group members to learn about the coral reefs, fisheries, and associated habitats of Southeast Florida.; Wednesday, June 18, 2014, 9:00 a.m. – 5:00 p.m.; 3rd Floor Auditorium, Center of Excellence for Coral Reef Ecosystem Research, Nova Southeastern University Oceanographic Center, 8000 North Ocean Drive, Dania Beach, FL 33004
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The resurfacing of State Road (S.R.) 20 (Apalachee Parkway)
from S.R. 61 to east of S.R. 261 (U.S. 319/Capital Circle Southeast)
Leon County, Florida.
Financial Project Identification Number: 430784-1-32-01
; Tuesday, May 27, 2014 from 5 p.m. to 6 p.m. EDT; SpringHill Suites, 1300 Executive Center Drive, Tallahassee, Florida
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NOTICE OF CANCELLATION - The Review Committee meeting will be to discuss the Applications received and to answer any questions the Review Committee may have regarding the Applications submitted in response to Florida Housing Finance Corporation’s Request For Applications 2014-106, for PHA Revitalization Of Affordable Housing Developments.; May 16, 2014 11:00 a.m.; Rick Seltzer Conference Room, Suite 6000, Florida Housing Finance Corporation, 227 North Bronough Street, Tallahassee, Florida, 32301-1329
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NOTICE OF CANCELLATION - The Review Committee meeting will be to give the scores and to submit a recommendation to Florida Housing’s Board of Directors regarding the responses submitted for Florida Housing Finance Corporation’s Request For Applications 2014-106, for PHA Revitalization Of Affordable Housing Developments.; June 11 2014; 9:00 a.m.; Rick Seltzer Conference Room, Suite 6000, Florida Housing Finance Corporation, 227 North Bronough Street, Tallahassee, Florida, 32301-1329
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This Review Committee meeting has been rescheduled for June 9, 2014 at 11:00 a.m. It had originally been noticed for June 11 at 9:00 a.m. The purpose of the Review Committee Meeting will be to give the scores and to submit a recommendation to Florida Housing’s Board of Directors regarding the responses submitted for Florida Housing Finance Corporation’s Request For Applications 2014-106, for PHA Revitalization Of Affordable Housing Developments.; June 9, 2014; 11:00 a.m.; Rick Seltzer Conference Room, Suite 6000, Florida Housing Finance Corporation, 227 North Bronough Street, Tallahassee, Florida, 32301-1329
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NOTICE OF CANCELLATION – The Review Committee Meeting to give the scores and to submit a recommendation to Florida Housing’s Board of Directors regarding the responses submitted for Request for Applications No. 2014-107 for the Financing of Permanent Supportive Housing with a Priority to Assist Veterans with a Disabling Condition that Lack Permanent and Stable Housing, which was previously noticed for this date and time, is hereby canceled.; June 11, 2014, 1:00 p.m. (Eastern); Rick Seltzer Conference Room, Suite 6000, Florida Housing Finance Corporation, 227 North Bronough Street, Tallahassee, Florida
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The Review Committee Meeting will be to give the scores for the Applications submitted in response to Florida Housing Finance Corporation’s Request for Applications No. 2014-107 for the Financing of Permanent Supportive Housing with a Priority to Assist Veterans with a Disabling Condition that Lack Permanent and Stable Housing and to submit a recommendation to Florida Housing’s Board of Directors.
; June 9, 2014, 10:00 a.m. (Eastern); Rick Seltzer Conference Room, Suite 6000, Florida Housing Finance Corporation, 227 North Bronough Street, Tallahassee, Florida.
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This is a planning call of the Policy subcommittee of the Tobacco Advisory Council. Policy issues pertinent to the TAC will be discussed.; Tuesday, May 20, 2014, 9:00 a.m. to 10:00 a.m.; telephone (1-888-670-3525, conference code: 859 379 7784)
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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. This is a public meeting. The Board will meet to consider enforcement proceedings including consideration of investigation officers’ reports, rules, and other general business. This is a public meeting.; Wednesday, June 11,2014, 9:00 a.m., Probable Cause
Thursday, June 12, 2014, 9:00 a.m. until all business is concluded, Board meeting
; Disney's Contemporary Resort, 4600 North World Drive, Lake Buena Vista, FL 32830-8413
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The meeting agenda will consist of approval of minutes of the State Board meetings held April 10 and 11, 2014. Updates will be provided on Career and Adult Education programs in Florida and the 2014 Legislative Session. Updates will also be provided by President Ed Meadows on behalf of the Council of Presidents and on K-12 Public Schools by a representative of the Florida Association of District School Superintendents. Items for consideration include action relating to the following: Repeal of Rule 6A-6.021, State of Florida High School Diplomas; Amendment to Rule 6A-6.0573, Industry Certification Process; New Rule 6A-6.07862, Model Forms for District Innovation Schools of Technology; Amendment to Rule 6A-6.09021, Annual English Language Proficiency Assessment for English Language Learners (ELLs); Amendment to Rule 6A-10.02412, Foreign Language Competence and Equivalence; Amendment to Rule 6A-10.0401, Gold Standard Career Pathways Articulation Agreements; and New Rule 6M-4.620, Health and Safety Checklist. Other items for consideration include: Contract between State Board of Education and SEED School of Miami, Inc.; Approval of the 2014–2015 Dual Enrollment Course—High School Subject Area Equivalency List; Approval of Request from Lake-Sumter State College for Site Designation Change to the South Lake Center from a Special Purpose Center to a Campus; Dismissal of Charter School Appeal for Lack of Jurisdiction; Approval of Designation of Academically High-Performing School Districts; and Approval of Appointments to the Education Practices Commission (EPC).; May 20, 2014, 8:30 a.m. (CST).; Santa Rosa School Board Office, 5086 Canal Street, Milton, FL 32570.
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General Business Meeting; May 30, 2014, 9:00 a.m.; Renaissance Orlando Airport Hotel
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General business of the committee. Committee meetings may be cancelled prior to the meeting date. Please check the Board Web Site at www.FLBoardofMedicine.gov for cancellations or changes to meeting dates or call the Board of Osteopathic Medicine at (850)245-4161 for information.; Thursday, June 5th, 2014, immediately following the Physician Assistants Council Meeting.; Tampa Airport Marriott, 4200 George J Bean Outbound Parkway, Tampa, FL 33607. Hotel telephone number (813) 879-5151.
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This is a technical meeting to discuss preparation of the Silver Springs Basin Management Action Plan (BMAP). The amount of acreage in agricultural production covered by a Notice of Intent will be presented by DACS at this meeting as well as a plan for how to implement DEP’s small farm equine best management practices manual. Focus areas for project prioritization will be discussed. A tour of local producers and their use of agricultural best management practices will take place in the afternoon.; May 22, 2014, 9:30 a.m.; UF/IFAS Plant Science Unit Conference Center, 2556 W. Hwy. 318, Citra, FL 32113-2132
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To conduct general board business; July 11, 2014 at 10:00 am; Caribe Royale, 8101 World Center Drive, Orlando, FL 32821 (407) 238-8000