- Petitions and Dispositions Regarding Rule Variance or Waiver (4)
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On May 14, 2015 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code from Club Continental Inc Snack Bar located in Orange Park. The above referenced F.A.C. addresses the requirement that each establishment have facilities for manually washing, rinsing and sanitizing equipment and utensils. They are requesting to share the warewashing sink area with another licensed food service establishment under the same ownership and on the same premise.
The Petition for this variance was published in Vol. 41/96 on May 18, 2015. The Order for this Petition was signed and approved on May 26, 2015. 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 a three-compartment sink is provided with hot and cold running water under pressure. The Petitioner shall also ensure that the three-compartment sink area within Club Continental Inc Dining Rm (SEA2000016) is maintained in a clean and sanitary manner and is available during all hours of operation. If the ownership of Club Continental Inc Dining Rm (Club Continental Inc.) changes, a signed agreement for use of the shared facilities is required immediately.
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On May 14, 2015 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 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 Chick Fil A #1 & 2 located in Orlando. The above referenced F.A.C. addresses he 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\preparation. 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\preparation areas with another food service establishment under a different ownership but on the same premise.
The Petition for this variance was published in Vol. 41/96 on May 18, 2015. The Order for this Petition was signed and approved on May 26, 2015. 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 handwash sinks are provided with hot and cold running water under pressure, soap, an approved hand drying device and a handwashing sign. The dishwashing, food preparation and food storage areas within Centerplate @ Phase III Kitchen (NOS5807961) must be maintained in a clean and sanitary manner. These areas must also be available to Chick Fil A #1 & 2 during all hours of operation. If the ownership of the Centerplate @ Phase III Kitchen (Centerplate Hospitality Venture) or Chick Fil A #1 & 2 (Pita Hut Enterprises, Inc.) changes, a signed agreement between the establishments for use of the shared facilities must be provided to the division immediately.
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that on May 22, 2015 it issued an order granting a waiver of Rule 11B-30.0062(1), F.A.C., Rule 11B-35.009(3), F.A.C. and Rule 11B-35.009(6), F.A.C. from a petition filed by Director Bill Bierbaum on behalf of fifty-three candidates. Notice of receipt of the petition was published in the Florida Administrative Register at Volume 41, Number 80, published April 24, 2015.
After careful consideration of the facts in this matter, the Commission found that Petitioner had demonstrated an economic, technological, legal, or other type of hardship resulting from an application of Rule 11B-30.0062(1), F.A.C., Rule 11B-35.009(3), F.A.C. and Rule 11B-35.009(6), F.A.C. that was particular to petitioner, significantly different from the way the rule affects other similarly situated persons and issued an order granting Petitioner's petition for a waiver of Rule 11B-30.0062(1), F.A.C., Rule 11B-35.009(3), F.A.C. and Rule 11B-35.009(6), F.A.C.
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On May 14, 2015 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(2)(a), Florida Administrative Code, Paragraph 61C-4.010(7), Florida Administrative Code, Paragraph 61C-4.010(6), Florida Administrative Code, and Section 6-402.11, 2009 FDA Food Code from Jackies Sandwiches located in Vero Beach. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom be provided for use by customers and employees. They are requesting to share the bathrooms located within an adjacent establishment under different ownership for use by both customers and employees.
The Petition for this variance was published in Vol. 41/96 on May 18, 2015. The Order for this Petition was signed and approved on May 26, 2015. 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 Jackie's Food Mart are maintained in a clean and sanitary manner and are provided with hot and cold running water under pressure, soap, approved hand drying devices, hand wash sign, 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 Jackie's Food Mart (Jackie's Food Mart, Inc., Alsayed, Wafa) changes, an updated signed agreement for use of the bathroom facilities is required immediately.
- Notices of Meetings, Workshops and Public Hearings (22)
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Regular monthly meeting to obtain feedback from interested persons on current pending permit applications. The agenda is available at www.watermatters.org/calendar/calendar.php/; June 3, 2015, 9:00 a.m.; 7601 HWY 301 N, Tampa, FL 33637
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Workshop to discuss the Masten Dam Repair Project located on the Wild and Scenic portion of the Loxahatchee River.; June 8, 2015, 2:00 PM.
Loxahatchee River Management Coordinating Council Meeting; River Center – 805 N. US Highway 1, Jupiter, FL 33477
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This is a meeting of the Board of Directors to discuss general business.; Thursday, June 11, 2015, 5:00 p.m.; Florida Thoroughbred Breeders & Owners Association; 801 SW 60th Avenue; Ocala, Florida 34474
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to conduct the regular business of the Executive Committee.; June 8, 2015, 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; June 8, 2015, 10:00 a.m.; 4000 Gateway Centre Blvd, Suite 100, Pinellas Park, FL 33782
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A Public Hearing will be held for those individuals who would like to speak about issues relating to the transportation disadvantaged community in Miami-Dade County. The Public Hearing will be followed by the LCB's regular meeting where they will review the Transportation Disadvantaged Service Plan (TDSP) and receive an update on the Transportation Disadvantaged program.
; June 9, 2015 at 10 AM; Stephen P. Clark Center, 111 NW 1st Street, 18th Floor Room 4 (18-4), Miami, FL 33128
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The Board of Directors will convene to conduct regular business of the Authority.; June 10, 2015, 9:30 a.m.; Manatee County Administrative Center, Commission Chambers, 1112 Manatee Avenue West, Bradenton, Florida.
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District business.; June 11, 2015; District Headquarters
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The Pre-Application webinar for future Main Street Communities is to learn about the Main Street Program and the application process for designation. The Webinar will include instructions on completing the application, and we will take questions over the phone and on an instant message board during the webinar. This webinar will be for you, our Main Street prospects, to ask any questions you have concerning the Florida Main Street application, and future Main Street technical assistance.
Registration link: https://attendee.gotowebinar.com/register/2302405203138613250. Webinar ID: 155-881-107; June 10, 2015, 10:00 a.m. to 12:00 p.m.; Online Webinar, R.A. Gray Building, Room 306B, Tallahassee, Florida 32399-0250
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Administrative Law Judge Bram Canter will conduct a hearing, as required by section 403.516(1)(c), F.S., to consider a petition for modification of the Power Plant Conditions of Certification issued pursuant to the Florida Electrical Power Plant Siting Act, Chapter 403.501-.518, Florida Statutes, for the Florida Power and Light Company Turkey Point Plant Units 3-5, Power Plant Siting Application No. PA 03-45E, OGC Case No.14-0512, DOAH Case No. 15-1559EPP. Judge Canter will prepare a Recommended Order for submission to and final action by the Governor and Cabinet acting as the Siting Board. Pursuant to Section 403.508(3), F.S., parties to the proceeding shall include the applicant, the Public Service Commission, the Department of Economic Opportunity, the Fish and Wildlife Conservation Commission, the South Florida Water Management District, the Department of Environmental Protection, the South Florida Regional Planning Council, Miami-Dade County, and the Department of Transportation. Any party listed in Section 403.508(3)(a), F.S., other than the Department of Environmental Protection or the applicant may waive its right to participate in these proceedings if such party fails to file a notice of its intent to be a party on or before June 5, 2015. In addition, notwithstanding the provisions of Chapter 120, F.S., upon the filing with the administrative law judge of a notice of intent to be a party no later than June 5, 2015, the following shall also be parties to the proceeding: any agency not listed in Section 403.508(3)(a), F.S., as to matters within its jurisdiction; any domestic nonprofit corporation or association formed, in whole or in part, to promote conservation or natural beauty, to protect the environment, personal health, or other biological values; to preserve historical sites; to promote consumer interests; to represent labor, commercial, or industrial groups; or to promote comprehensive planning or orderly development of the area in which the proposed electrical power plant is to be located. Other parties may include any person, including those persons listed herein who have failed to timely file a notice of intent to be a party, whose substantial interests are affected and being determined by the proceeding and who timely file a motion to intervene pursuant to Chapter 120, F.S., and applicable rules. Intervention pursuant to this paragraph may be granted at the discretion of the designated administrative law judge and upon such conditions as he or she may prescribe any time prior to 30 days before the commencement of the modification hearing. Motions to intervene must be filed (received) with Administrative Law Judge Bram Canter, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550, by June 12, 2015. Any agency, including those whose properties or works are being affected pursuant to s. 403.509(4), F.S., shall be made a party upon the request of the department or the applicant. The modification hearing may be cancelled in accordance with Section 403.508(6)(a), F.S.; no earlier than 29 days prior to the conduct of the modification hearing, the department or the applicant may request that the administrative law judge cancel the modification hearing and relinquish jurisdiction to the department if all parties to the proceeding stipulate that there are no disputed issues of fact or law to be raised at the modification hearing, and if sufficient time remains for the applicant and the department to publish public notices of the cancellation of the hearing at least 3 days prior to the scheduled date of the hearing.; July 13 - 17, 2015, 9:00 a.m.; Miami Airport Convention Center, Room 114, 711 Northwest 72nd Avenue, Miami, Florida
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General Board Meeting; July 30, 2015, 8:30 a.m.; Safety Harbor Resort & Spa, 105 North Bayshore Drive,
Safety Harbor, FL 34695 (727) 726-1161
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Florida Rehabilitation Council Legislative Committee
General Legislative Committee Business; June 9, 2015, 9:00 a.m. - 11:00 a.m. EST; Conference Call Number (888) 670-3525
Conference Code (7513637441)
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The Motorist Modernization Advisory Board is meeting to receive an update on Phase 1 of the Motorist Modernization project. System functionality and requirements will also be presented to the group for consideration and input.
Agenda:
1. Roll Call
2. Welcome & Introductions
3. Advisory Board Purpose
4. Sunshine Law Review
5. Overview of the Motorist Modernization Project
6. Approval of the Advisory Board Charter
7. Motorist Modernization Requirements Gathering Process
8. MM Phase I Project Overview & System Functionality
9. Comments and Questions
10. Wrap-Up / Next Steps
11. Adjourn
Please join my meeting from your computer, tablet or smartphone: https://global.gotomeeting.com/join/178355757
You can also dial in using your phone.
United States (Toll-free): 1 877 309 2070
United States : +1 (312) 757-3119
Access Code: 178-355-757; June 11, 2015, 1:00 pm – 5:00 pm, ET; 2900 Apalachee Parkway, Tallahassee Florida 32399, Conference Room B130. GoTo Meeting call-in information is also provided below.
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The FloridaNet Executive Committee is meeting to create a mechanism for Florida first responders to work with the Federal agency, FirstNet, in the design of the public safety broadband network.
Agenda:
1. Roll call
2. New members
3. Update on FirstNet
a. Update on 2nd and 3rd Public Notices
b. Draft Request for Proposal (RFP)
4. Technical Committee
a. Contract Vehicle Survey
b. Data Collection
5. Project Plan
6. Around the table
7. Adjourn
Please join my meeting from your computer, tablet or smartphone.
https://global.gotomeeting.com/join/892266053 You can also dial in using your phone.
United States (Toll-free): 1 877 309 2070 United States : +1 (312) 757-3119
Access Code: 892-266-053; June 26, 2015, 9:00 a.m. – 12:00 p.m., ET; Homewood Suites Hilton (Ballroom), 2987 Apalachee Parkway, Tallahassee, FL.
ONLINE: GoToMeeting (Call-in information below)
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The FloridaNet Technical Committee is meeting to create a mechanism for Florida first responders to work with the Federal agency, FirstNet, in the design of the public safety broadband network.
Agenda:
1. Roll call
2. Update on FirstNet
a. Update on 2nd and 3rd Public Notices
b. Draft Request for Proposal (RFP)
3. Contract Vehicle Survey
4. Data Collection
5. Around the table
6. Adjourn
Please join my meeting from your computer, tablet or smartphone.
https://global.gotomeeting.com/join/720739565 You can also dial in using your phone.
United States : +1 (213) 289-0021 United States (Toll-free): 1 866 899 4679
Access Code: 720-739-565; June 12, 2015, 10:30 a.m. – 12:00 p.m., ET; ONLINE: GoToMeeting (Call-in information below)
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RFA# LHZ03 – Prevention Partnership Grant (PPG) - Grant Review Committee Meeting to Complete Review of Grant Applications – Meeting of the review committee to record scoring of the applications and determine the ranking for the Southern Region.; June 8, 2015, 1:00 pm – 4:00 pm; 1317 Winewood Blvd, Bldg 6, Conference Room D
Tallahassee, FL 32399-0700
Call-in #: 1-800-670-3525, participant code: 5074-474-3281
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Ongoing Hillsborough County Alliance business; June 9, 2015, 9 a.m.; 1003 E. Palm Avenue, Tampa
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To Conduct a rules workshop to discuss Rule 61K1-3.027, F.A.C, Rule 61K1-3.028, F.A.C, Rule 61K1-3.029, F.A.C, Rule 61K1-3.030, F.A.C and Rule 61K1-3.031. General Business Meeting will immediately following to discuss Rule 61K1-1.024, F.A.C and Rule 61K1-1.0055, F.A.C.; June 27, 2015, 9:00 a.m; Embassy Suites Fort Lauderdale
1100 SE 17th St. Causeway.
Fort Lauderdale, FL 33316
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Probable Cause Panel with Reconsiderations; June 24, 2015, 10:00 a.m.; (850) 245-4474 to inquire about call-in number
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Deputy Pilot Advancement.; June 12, 2015, 9:00 a.m.; 1(888)670-3525, participant pass code 5243947159#
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Discussion of older adult falls prevention activities, Florida Injury Prevention Advisory Council meetings, etc.; Tuesday June 9, 2015, 11:00 a.m.–12:00 p.m., Eastern Standard Time.; Bureau of Emergency Medical Oversight/Injury Prevention Section, 4042 Bald Cypress Way, Second Floor, Tallahassee, Florida, 32399.
Join the conference call: United States, 1 (888)670-3525 toll-free; access code 6082454114.
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Discussion of education and training related to injury prevention activities, Florida Injury Prevention Advisory Council meetings, etc.; Tuesday June 9, 2015, 1:00 P.M..– 2:00 p.m., Eastern Standard Time.; Bureau of Emergency Medical Oversight/Injury Prevention Section, 4042 Bald Cypress Way, Second Floor, Tallahassee, Florida, 32399.
Join the conference call: United States, 1 (888)670-3525 toll-free; access code 6082454114.
- Notices of Petitions and Dispositions Regarding Declaratory Stat (1)
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George Huber, on behalf of IDI Billing Solutions; Petitioner sought the Board’s interpretation of §365.172(8)(e), F.S., and Rule 60FF1-5.004, F.A.C., regarding categorizing service identifiers on monthly reports; additionally, of §365.172(8)(a)(1), (3), F.S., regarding the preferred methodology for calculating the total number of surcharges to be assessed on a subscriber’s invoice. The Board considered the Petition at a duly-noticed public meeting held on February 11, 2015, in Tallahassee, Florida.
The Board’s Order, filed March 11, 2015, answers the issues stated in the petition in the negative finding that: Petitioner is not a “substantially affected person” as used in §120.542, F.S.; Petitioner supplies billing services to service carriers but is not a voice communications service provider; Petitioner sought a statement of general applicability but failed to allege any facts and circumstances unique to Petitioner’s particular circumstances.