- Petitions and Dispositions Regarding Rule Variance or Waiver (6)
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a permanent waiver of Paragraph 11B-35.0011(1)(h), F.A.C., from the Florida Department of Corrections (DoC) on behalf of Louis Fabien. The Petitioner wishes to waive that portion of the rule that states a Basic Abilities Test (BAT) score is only good for four years from the date of the test. The Petitioner stated that Fabien passed the BAT 1/20/10 and was hired as a TEA three days prior to the expiry of the BAT score. Fabien started the academy April 21, 2014, nearly four months after the BAT had expired. Fabien took and passed the BAT again on June 2, 2014. Fabien is scheduled to graduate July 8, 2014, and to take the SOCE by late July, however he cannot because he did not have a valid BAT when he commenced the academy.
Petitioner states that the application of the rule violates the principles of fairness in Fabien’s situation because the BAT is to show fitness to enter basic, and Fabien has nearly passed basic. Petitioner states that Fabien and Petitioner suffer economic hardship under the rule as it is applied because Fabien will not obtain the status and pay change that goes with passing the SOCE and Petitioner will not gain another fully certified C.O. Petitioner states that the underlying statute has already been fulfilled because Fabien is passing basic recruit training.
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a variance or waiver.
Petitioner’s Name: Fairway Commons Homeowners Association, Inc.
Rule No.: 40D-22.201
Nature of the rule for which variance or waiver is sought: lawn and landscape irrigation
The Petition has been assigned tracking No. 14-4195.
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a permanent waiver of Paragraph 11B-35.0011(1)(h), F.A.C., from the Florida Department of Corrections (DoC) on behalf of Brett Goodlett. The Petitioner wishes to waive that portion of the rule that states a Basic Abilities Test (BAT) score is only good for four years from the date of the test. The Petitioner stated that Goodlett passed the BAT before his first hire date of December 3, 2010, but that he was terminated from employment because of budget issues on June 1, 2011. Petitioner states that Goodlett was rehired as a TEA on January 1, 2014, following a successful rule waiver permitting rehire prior to four years. Goodlett was rehired with an expired BAT score. He did not retake the BAT prior to beginning the academy. Goodlett did take and pass the BAT July 2, 2014, after beginning the academy. Goodlett is currently in the academy and scheduled to graduate in early July. He would normally be scheduled to take the State Officer Certification Examination in late July, but he can go no further in the certification process because of the expired original BAT
Petitioner states that the application of the rule violates the principles of fairness in Goodlett’s situation because the BAT is to show fitness to enter basic, and Goodlett has nearly passed basic. Petitioner states that Goodlett and Petitioner suffer economic hardship under the rule as it is applied because Goodlett will not obtain the status and pay change that goes with passing the SOCE and Petitioner will not gain another fully certified C.O. Petitioner states that the underlying statute has already been fulfilled because Goodlett is passing basic recruit training.
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a variance or waiver.
Petitioner’s Name: Michael Demancsik
Rule No.: 40D-22.201
Nature of the rule for which variance or waiver is sought: lawn and landscape irrigation
The Petition has been assigned tracking No. 14-4196.
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permanent variance or waiver from J. William and Linda G. Beagle; Glenn B. Landers; and Durmaxx LLC c/o Steven L. and Beverly J. Maxwell. The petition requested a variance from subsection 62B-33.002(18) which defines “Eligible Structures”; 62B-33.002(44) (formerly 43) which defines “Nonconforming Structures”; 62B-33.002(64) (formerly (63) which defines “Vulnerable”; and 62B-33.0051(1)(a)1., F.A.C., which states that “Construction of armoring shall be authorized under the following conditions: 1. The proposed armoring is for the protection of an eligible structure;” The variance is associated with an anticipated application to construct a coastal armoring structure. The activities associated with the variance petition are located at 2899 South Ponte Vedra Boulevard, 2901 South Ponte Vedra Boulevard, and 2903 South Ponte Vedra Boulevard, Ponte Vedra Beach, Florida. The variance petition seeks to request that the department refrain from applying these rules to their Coastal Construction Control Line permit application. The petition has been assigned File No. SJ-1172 AR V and OGC File No. 14-0332.
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On February, 25, 2014, the Petitioner, Rollo’s Liquor’s requested a Rule Waiver of Florida Statute 565.04. The Petitioner petitions to sell the following items: mouthwash, aspirin, Bayer, Advil, Tylenol, Aleve, Alka-Seltzer, Goody’s, Claritin, Midiol, Halls, Playbay, Penthouse, XXX magazines, and any other over the counter items that are permitted to be sold in any gas station. The Petitioner expressed substantial hardship under section 2 of the statute not allowing the continued sale of the above items would “violate principles of fairness’ since their area competition is allowed to sale the listed items and more. The department published the notice of receipt of the Petition with Florida Administrative Weekly on 3/05/2014 Vol. 40/44.
On June 12, 2014, the Division filed an Order denying Petitioner’s, Petition for Waiver of Rule 61A-3.054, F.A.C. As interpreted by the Division, the Petitioner fails to adequately allege or show how the product proposed to be sold are party-type supplies within the meaning of the 564.01, F.S. As such, Petitioner fails to show how a variance would allow the underlying purpose of the 565.01, F.S. to be served a requirement under 120.542(2), F.S or how such variance supporting it proposed arrangement is subject to Rule 61A-3.054, F.A.C. Furthermore, pursuant to variance requirements set forth by 120.542(2), F.S, Petitioner fails to demonstrate how it would incur substantial hardship. Petitioner adequately alleges that it undergoes the hardship normally resulting from owning a business, but fails to allege, demonstrate “substantial hardship” as required by Section 120.542(2), F.A.C.
- Notices of Meetings, Workshops and Public Hearings (15)
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Overview of the Floridan Aquifer model for the Upper East Coast Planning Area.; June 26, 2014 10:00 a.m.
East Coast Floridan Model; City of Stuart Commission Chambers, 121 SW Flagler Ave, Stuart, FL 34994.
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A regular scheduled meeting for the consideration of matters properly brought before the board of the Florida Development Finance Corporation.; Wednesday, July 16, 2014, 3:00 p.m. – 4:00 p.m.; Enterprise Florida, Inc.
800 North Magnolia Avenue, Suite 1100
Orlando, FL 32803
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The Coral Reef Conservation Program is holding the fourth 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, July 16, 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 CFWI Steering Committee is a collaborative effort among government agencies formed to address water resource issues in the area known as the Central Florida Coordination Area. The CFWI Steering Committee will consider matters appearing on the agenda for the meeting or matters added to the agenda as determined by the Chair of the Committee. Additional information about this effort may be found at http://cfwiwater.com. NOTE: One or more additional Governing Board members from each of the three districts named above may attend and participate in the meeting of the CFWI Steering committee.; Friday, June 27, 2014, 9:30 a.m.; TOHO Water Authority, 951 Martin Luther King Blvd., Kissimmee, FL 34741
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To address the business of the council.; June 24, 2014, 10:00 a.m. - 2:30 p.m.; LEE COUNTY MOSQUITO CONTROL DISTRICT
151911 HOMESTEAD ROAD, LEHIGH ACRES, FLORIDA 33971; ph (941)694-2174
AND
Webex: https://suncom.webex.com/suncom/j.php?ED=282264947&UID=1889398942&RT=MiMxMQ%3D%3D
Teleconference Information:
Call-in toll-free number: 1-888-6703525 (US/Canada)
Call-in number: 1-720-3891212 (US/Canada)
Attendee access code: 880 293 496
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For cases previously heard by the panel.; June 26, 2014, 2:30 p.m.; Department of Health, Tallahassee at Meet Me Number: 1(888)670-3525, code: 9638257208
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Continuing Education Committee Meeting and Board Quorum Conference Call.; June 27, 2014 at 8:00 a.m. E.D.T. The Continuing Education Committee meeting is to convene at 8 a.m. with the quorum call to begin immediately thereafter.; Conference Call: 1-888-670-3525. After dialing the meet me number, when prompted, insert the participant code 4389078941 followed by the # sign in order to join the meeting.
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Proposed changes include: update terms for community college, technical credit, and college preparatory credit; remove the duties of the Articulation Coordinating Committee in favor of statutory provisions; clarify general education program provisions; update associate in arts and associate in science definitions; modify the associate in arts grade point average requirement to cumulative rather than in each course attempted; add language regarding baccalaureate and institution of interest; clarify initial award and transfer provisions relating to credit-by-examination and incorporate the Articulation Coordinating Committee Credit-by-Examination Equivalencies, Revised September 2014; and remove references to a repealed rule.
; June 30, 2014 at 2:00 p.m.; Florida Department of Education, Turlington Building, Room 1703/7, Tallahassee, Florida. Dial in: 888-670-3525; conference code: 2485005088
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Diabetes Advisory Council - Health Care and Professional Development Committee. The meeting will be via conference call:
Toll-Free #: 888-670-3525
Participant Passcode: 4163604135 then #
; Wednesday, June 25, 2014, 12:30 p.m. - 1:00 p.m.; Capital Circle Office Complex: (Prather Building)
2585 Merchants Row Blvd., Ste. 350
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To conduct the regular business of the North Central Florida Regional Planning Council.; June 26, 2014 at 7:30 p.m.; Holiday Inn Hotel and Suites, Suwannee Room, 213 Southwest Commerce Boulevard, Lake City, Florida.
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To conduct the regular business of the Executive Committee of the North Central Florida Regional Planning Council.
; June 26, 2014 at 6:00 p.m.; Holiday Inn Hotel and Suites, Olustee Room, 213 Southwest Commerce Boulevard, Lake City, Florida.
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To conduct the regular business of the Clearinghouse Committee of the North Central Florida Regional Planning Council.; June 26, 2014 at 6:00 p.m.; Holiday Inn Hotel and Suites, Suwannee Room, 213 Southwest Commerce Boulevard, Lake City, Florida.
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To conduct the EMS Advisory Council Mid Quarter Conference call - to conduct general business of the council.; June 23, 2014, @ 10:00 a.m.; Department of Health, Emergency Medical Services Program Office, 4042 Bald Cypress Way, 2nd Floor, Tallahassee, FL 32399
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COMMITTEE AND TASK FORCE MEETINGS: Please note that committees and task forces of the Florida Independent Living Council will meet at various times throughout the year to carry out the work of the council; the meeting dates and times will be posted at the above address at least seven days prior to the meeting. Persons who want to be notified of such meetings may request to be put on the mailing list for such notices by writing to Molly Gosline at the council address.; Wednesday, June 25, 2014, 9:00 A.M. - 12:00 P.M.
Planning Committee Meeting; 1416 N. Adams Street, Tallahassee, Florida 32303
CALL IN # 1-888-670-3525 CODE: 5073148497
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The Northwest Florida Water Management District will hold a public event to celebrate a groundbreaking ceremony for the Williford Spring restoration project, a $1.5 million spring restoration and protection project. Attendees will learn more about the project and hear remarks from District staff, invited elected officials and other contributing state agencies, including the Florida Department of Environmental Protection. Note: One or more District Governing Board members may be in attendance at the event.; June 26, 2014, 9:00 a.m. CT; Williford Springs, 5647 Porter Pond Rd, Youngstown, FL
- Notices of Petitions and Dispositions Regarding Declaratory Stat (4)
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Petitioner, Jeffrey M. Borysiewicz DS 2014-004.; The Petitioner, Jeffrey Borysiewicz seeks the agency opinion as to the applicability of Florida Statutes sections 561.22, 561.42, and 565.03 to Petitioner’s particular set of circumstances. The Petitioner is a minority owned business entity structured as either a limited liability corporation (LLC) or another corporate form that has ownership interests divided among different investors (“Corporate Entity”). Corporate Entity is planning on owning and operating a Craft Distillery in the State of Florida. Corporate Entity is substantially affected by Florida Statues section 561.22 and 561.45, as to whether Petitioner’s position at Corona Cigars prevents Petitioner from maintaining an ownership interest in Corporate Entity. The department published the notice of receipt of the Petition with Florida Administrative Weekly on 1/28/2014 Vol. 40/18.
On June 12, 2014, the Division filed an Order declining to answer Petitioner’s, Petition based upon the facts described in the Petition and the particular factual assertions described therein. Petitioner, Jeffrey Borysiewicz proposed business operations would be directly engaged in the sale of alcoholic beverage in the State of Florida while also maintaining an ownership interest in an alcohol beverage manufacturing business. These proposed business operations would violate Section 561.42 and 561.22, Florida Statutes, because they would require the Petitioner to hold a direct financial interest on both an alcoholic beverage vending license and an alcoholic beverage manufacturing license, conduct while the aforementioned statute expressly prohibit.
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Michael Yourison, Owner, Buonafide Foods LLC, DS 2013-116.; The Petitioner, Michael Yourison, Buonafide Foods LLC, is seeking the Division’s interpretation in regards to requirements for designated principal office location and record storage for wine importing and distribution business pursuant of Florida Statue 561.41. The Petitioner expresses substantial hardships as to whether or not the license facility meets the requirements for Florida Statue 561.41. The department published the notice of receipt of the Petition with Florida Administrative Weekly on 2/28/2014 Vol. 40/41.
On June 12, 2014, the Division filed an Order hereby denying Petitioner’s, Petition based upon the facts described in the Petition and the particular factual assertions described therein. All of the facts presented in the Petition were duly considered and form the basis for this Order. Petitioner, Michael Yourison, Buonafide Foods LLC, is currently operating under the proposed specifications. A Declaratory Statement is not the appropriate means to determine the lawfulness of Petitioner’s current business operation. Accordingly, this conclusion has no application in the event that the factual circumstances and/or relationships among the entities described herein are incorrect or change.
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JTDA Group Inc., and Eduardo Wolmers; The Petitioner seeks to enter into a contract for recovery services with several third party repossession management firms that are not licensed in the State of Florida, and wants to know whether Sections 493.6101(22), 493.6120(1), and 493.6118(1)(n), Florida Statutes, or other provision within Chapter 493, prohibit engaging in the contract.
Per Rule 28-105.0027, Florida Administrative Code, except for good cause shown, petitions to intervene must be filed within 21 days of publication of this notice.
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C. Richard Mancini, Esq. on behalf of Roger and Pam Young, Unit Owners, In Re: Bonita Beach Club Association, Inc., Docket No. 2014024560, filed on June 9, 2014.; Whether Bonita Beach Club Association, Inc. may convert common element association property to limited common elements upon the vote required to amend the declaration pursuant to section 718.110(14), Fla. Stat. (2013), where the property at issue is a dock facility that is currently exclusively claimed and operated by a private, third-party corporation and its assignees.