- Notices of Development of Proposed Rules and Negotiated Rulemaking (5)
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This rule is being established pursuant to s. 373.042 and 373.0421, F.S. The rulemaking will establish minimum flows and levels for the upper and middle reaches of the Suwannee River and their associated priority springs, including four Outstanding Florida Springs. This will have the potential to impact consumptive use applicants and permittees within the Suwannee River and St. Johns River Water Management Districts.
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The Department intends to enter rule development to create rules 62-41.300 through 62-41.305, F.A.C., and the Central Florida Water Initiative (CFWI) Area Supplemental Applicant’s Handbook to implement section 373.0465(2)(d), F.S. These rules will create uniform rules for application for consumptive use permitting within the Central Florida Water Initiative Area. The “Central Florida Water Initiative Area” is all of Orange, Osceola, Polk, and Seminole Counties, and southern Lake County, as designated by the Central Florida Water Initiative Guiding Document of January 30, 2015.
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The Commission intends to amend Rule 28-18.400, F.A.C., Comprehensive Plan, to remove obsolete provisions regarding prior work program requirements and adding new work program requirements concerning canal restoration in the City of Marathon, Florida.
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The Commission intends to amend Rule 28-19.310, F.A.C., Comprehensive Plan, to remove obsolete provisions regarding prior work program requirements and adding new work program requirements concerning canal restoration in Islamorada, Village of Islands, Florida.
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The Commission intends to amend Rule 28-20.140, F.A.C., Comprehensive Plan, to revise the timing of the adoption of the Tier Zoning Overlay Maps and System, remove obsolete provisions regarding prior work program requirements, and adding new work program requirements concerning canal restoration in Monroe County, Florida.
- Petitions and Dispositions Regarding Rule Variance or Waiver (15)
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On June 11, 2020 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 3-305.11(A)(2), 2017 FDA Food Code, Section 3-305.14, 2017 FDA Food Code, Section 6-202.15, 2017 FDA Food Code, Section 6-202.16, 2017 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code, and Paragraph 61C-4.010(6), Florida Administrative Code from El Rincon De La China located in Orlando. The above referenced F.A.C. addresses the requirement for proper handling and dispensing of food. They are requesting to dispense bulk time/temperature control for safety foods from an open air mobile food dispensing vehicle.
The Petition for this variance was published in Vol 46/115. The Order for this Petition was signed and approved on June 22, 2020. 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 that each pan within the steam table is properly covered with an individual lid; the steam table is enclosed within a cabinet with tight-fitting doors, and is protected by an air curtain installed and operated according to the manufacturer’s specifications that protects against flying vermin or other environmental contaminants; all steam table foods must be properly reheated for hot holding at approved commissaries and held hot at the proper minimum temperature per the parameters of the currently adopted FDA Food Code; and steam table food is to be dispensed by the operator with no customer self-service. The Petitioner shall also strictly adhere to the operating procedures and copies of the variance and operating procedures are to be present on the MFDV during all periods of operation.
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On June 11, 2020 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 3-305.11(A)(2), 2017 FDA Food Code, Section 3-305.14, 2017 FDA Food Code, Section 6-202.15, 2017 FDA Food Code, Section 6-202.16, 2017 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code, and Paragraph 61C-4.010(6), Florida Administrative Code from Risaury Box Lunch located in Hialeah. The above referenced F.A.C. addresses the requirement for proper handling and dispensing of food. They are requesting to dispense bulk time/temperature control for safety foods from an open air mobile food dispensing vehicle.
The Petition for this variance was published in Vol 46/115. The Order for this Petition was signed and approved on June 22, 2020. 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 that each pan within the steam table is properly covered with an individual lid; the steam table is enclosed within a cabinet with tight-fitting doors, and is protected by an air curtain installed and operated according to the manufacturer’s specifications that protects against flying vermin or other environmental contaminants; all steam table foods must be properly reheated for hot holding at approved commissaries and held hot at the proper minimum temperature per the parameters of the currently adopted FDA Food Code; and steam table food is to be dispensed by the operator with no customer self-service. The Petitioner shall also strictly adhere to the operating procedures and copies of the variance and operating procedures are to be present on the MFDV during all periods of operation.
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waiver and on June 23, 2020 received and amended petition for waiver of Rule 67-21.026(13)(g), Florida Administrative Code (2019) from Palmetto Leased Housing Associates I, LLLP so that CB-Dominium may subcontract with CB Structures, Inc., which is an affiliate company of Current Builders Construction Services, Inc.
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a variance or waiver.
Petitioner’s Name: Duplex Village Homeowners Association II, 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. 20-4314.
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variance or waiver filed by Nathan Gerhardt, regarding the requirement in rule 5K-4.034(4)(a), F.A.C. for Hemp Food Establishments to provide the most recent food safety inspection report from the Approved Source. Comments on this petition should be filed with the Division of Food Safety, 3125 Conner Blvd., Suite H, Tallahassee, FL 32399-1650 or by electronic mail to Chris.Hilliard@FDACS.gov, within 14 days of publication of this notice.
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variance or waiver filed by Leslie Ley Olsher, seeking a waiver of the requirement of Rule 64B16-26.300(3)(c), Florida Administrative Code, which requires the applicant to successfully complete a period of assessment and evaluation under the supervision of a preceptor within one (1) year of completion of the course set forth in paragraph (b), above. This period of assessment and evaluation shall be completed over no more than three (3) consecutive months and shall include at least 40 hours of training in the following practice areas, 60% of which shall occur on-site at an institution that holds a pharmacy permit.
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that on June 15, 2020, an Order was filed on the Petition for Variance or Waiver. The Petition was filed by Michael McElroy, on April 23, 2020, seeking a permanent variance or waiver of rule 61H1-28.0052(1)(b), F.A.C., regarding the timeframes with respect to the CPA Examination, which requires that candidates must pass all four sections of the CPA Examination within a rolling eighteen-month period, which begins on the NASBA grade release date for the first test section(s) passed. In the event all four test sections of the CPA Examination are not passed within the rolling eighteen-month period, credit for any test section(s) passed outside the eighteen-month period will expire and that test section(s) must be retaken.
The Notice of Petition for Variance or Waiver was published in Vol. 46, No.80, on April 23, 2020, in the Florida Administrative Register. The Board, at its meeting held on May 15, 2020, voted to grant the Petition for Variance or Waiver finding that Petitioner demonstrated a substantial hardship; demonstrated that application of the rule would violate the principles of fairness; and that the purpose of the underlying statute had been met.
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that on June 15, 2020, an Order was filed on the Petition for Variance or Waiver. The Petition was filed by Jorge Lopez, on March 17, 2020, seeking variance or waiver of rule 61H1-28.0052(1)(b), F.A.C., regarding the timeframes with respect to the CPA Examination, which requires that candidates must pass all four sections of the CPA Examination within a rolling eighteen-month period, which begins on the NASBA grade release date for the first test section(s) passed. In the event all four test sections of the CPA Examination are not passed within the rolling eighteen-month period, credit for any test section(s) passed outside the eighteen-month period will expire and that test section(s) must be retaken.
The Notice of Petition for Variance or Waiver was published in Vol. 46, No.69, on April 8, 2020, in the Florida Administrative Register. The Board, at its meeting held on May 15, 2020, voted to grant the Petition for Variance or Waiver finding that Petitioner demonstrated a substantial hardship; demonstrated that application of the rule would violate the principles of fairness; and that the purpose of the underlying statute had been met.
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that on June 15, 2020, an Order was filed on the Petition for Variance or Waiver. The Petition was filed by Barbara Willard, on April 24, 2020, seeking a permanent variance or waiver of rule 61H1-33.006(2) requiring that each such application shall demonstrate successful completion of the required number of continuing professional education hours for accounting/auditing at least 30 hours, ethics at least 80 hours, and for behavioral no more than 30 hours, all totaling 120 hours. Petitioner is also requesting a variance or waiver of rule 61H1-31.006, F.A.C., requiring that the application fee for reactivation of an inactive status license to active status shall be $250.00; for reactivation of a delinquent status license to active, $250.00. In all cases completion of the requirements of Rule 61H1-33.006, F.A.C., shall be required for reactivation.
The Notice of Petition for Variance or Waiver was published in Vol. 46, No.86, on May 1, 2020, in the Florida Administrative Register. The Board, at its meeting held on May 15, 2020, voted to grant the Petition for Variance or Waiver finding that Petitioner demonstrated a substantial hardship; demonstrated that application of the rule would violate the principles of fairness; and that the purpose of the underlying statute had been met.
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that on June 15, 2020, an Order was filed on the Petition for Variance or Waiver. The Petition was filed by Papa Haseena, on March 25, 2020 and an amended filing on March 27, 2020, seeking a permanent variance or waiver of rule 61H1-28.0052(1)(b), F.A.C., regarding the timeframes with respect to the CPA Examination, which requires that candidates must pass all four sections of the CPA Examination within a rolling eighteen-month period, which begins on the NASBA grade release date for the first test section(s) passed. In the event all four test sections of the CPA Examination are not passed within the rolling eighteen-month period, credit for any test section(s) passed outside the eighteen-month period will expire and that test section(s) must be retaken.
The Notice of Petition for Variance or Waiver was published in Vol. 46, No.67, on April 6, 2020, in the Florida Administrative Register. The Board, at its meeting held on May 15, 2020, voted to deny the Petition for Variance or Waiver finding that Petitioner failed to demonstrate a substantial hardship; failed to demonstrate that application of the rule would violate the principles of fairness; and failed to demonstrate that the purpose of the underlying statute had been met.
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An Emergency Variance for Subparagraph 3-305.11(A)(2), 2017 FDA Food Code, Section 3-305.14, 2017 FDA Food Code, Section 6-202.15, 2017 FDA Food Code, Section 6-202.16, 2017 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code, and Paragraph 61C-4.010(6), Florida Administrative Code from S & T Catering located in Orlando. The above referenced F.A.C. addresses the requirement for proper handling and dispensing of food. They are requesting to dispense bulk time/temperature control for safety foods from an open air mobile food dispensing vehicle.
The Division of Hotels and Restaurants will accept comments concerning the Petition for 5 days from the date of publication of this notice. To be considered, comments must be received before 5:00 p.m.
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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, 2017 FDA Food Code from BRICKELL ARCH CAFÉ LLC located in Miami. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom on the same level be provided for use by customers and employees. They are requesting to utilize bathrooms located on a different level.
The Division of Hotels and Restaurants will accept comments concerning the Petition for 5 days from the date of publication of this notice. To be considered, comments must be received on or before 5:00 p.m.
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waiver or variance filed by Samantha Price. Petitioner is seeking a variance or waiver of Rule 64B13-5.001(1), F.A.C., that requires as a condition to the renewal of a biennial license, each licensed practitioner shall be required to maintain professional competency by completing thirty (30) clock hours of continuing education in subjects relating to optometry that have been approved by the Board. Licensed practitioners must complete one (1) hour of approved continuing education in acquired immune deficiency syndrome that complies with the requirements of section 456.033, F.S.
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waiver or variance filed by Natalya Kravatz. Petitioner is seeking a variance or waiver of Rule 64B13-4.001(1)(d)2. and 3., F.A.C., which states in part that the licensure examination authorized in section 463.006(2), F.S., shall consist of four parts with one being the Florida Practical Examination. The Florida Practical Examination shall consist of three (3) tested skills and the Board requires passage of all three (3) skills on the same test attempt. The three (3) skills are Biomicroscopy, Binocular Indirect Ophthalmoscopy, Dilated Biomicroscopy and Non-Contact Fundus Lens Evaluation and are weighted equally. The passing score for each skill shall be seventy-five percent (75%) or better, and a passing score on each of the three (3) skills must be obtained on the same test attempt.
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On June 22, 2020, the Department issued an Order Granting Petition for Emergency Variance filed by Hart’s Plant Nursery, Inc. on May 21, 2020. The Petition sought an emergency variance from subsection 64-4.005(4), F.A.C., which requires that a Medical Marijuana Treatment Center begin dispensing product within 210 days of being granted Cultivation Authorization. The Petition was published by the Department on May 28, 2020, in Volume 46, Number 104 of the Florida Administrative Register. The Petitioner demonstrated that strict application of the rule would violate principles of fairness, that Petitioner would experience a substantial hardship if the Petition was not granted, and that Petitioner will satisfy the underlying purpose of the statute.
- Notices of Meetings, Workshops and Public Hearings (14)
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Regularly scheduled meeting for all Parole, Conditional Release, Conditional Medical Release, Addiction Recovery, Control Release and all other Commission business.; Thursday, July 16, 2020, 9:00 a.m.; There will be no in person Commission meeting. The meeting will be held via conference call. To participate in the meeting, call 1 (888) 585-9008 and dial participation code 812-412-724. For questions and correspondence from inmate supporters, please email inmatessupporter@fcor.state.fl.us. For questions and correspondence regarding victims’ rights, please email victimsquestions@fcor.state.fl.us.
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Regularly scheduled meeting for all Parole, Conditional Release, Conditional Medical Release, Addiction Recovery, Control Release and all other Commission business.; Friday, July 17, 2020, 11:00 a.m.; There will be no in person Commission meeting. The meeting will be held via conference call. To participate in the meeting, call 1 (888) 585-9008 and dial participation code 812-412-724. For questions and correspondence from inmate supporters, please email inmatessupporter@fcor.state.fl.us. For questions and correspondence regarding victims’ rights, please email victimsquestions@fcor.state.fl.us.
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This is a public meeting of the Big Cypress Basin Board to discuss and consider activities impacting the Big Cypress Basin of the South Florida Water Management District.
The public and stakeholders will have an opportunity to view and comment on the meeting by utilizing the District’s Monthly Meeting link provided on the District’s website www.SFWMD.gov/meetings, which will go live shortly before 1:30 PM on July 6, 2020.
All of this meeting will be conducted via media technology.
The Big Cypress Basin Board may take official action at the meeting on any item appearing on the agenda and on any item that is added to the agenda as a result of a change to the agenda approved by the presiding officer of the meeting pursuant to Section 120.525, Florida Statutes.; Monday, July 6, 2020, 1:30 PM
Big Cypress Basin Board Meeting; This meeting will be conducted via Zoom, a media technology free for the public to use. A link will be provided on the District’s website at www.SFWMD.gov/meetings.
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Governing Board Meeting and Public Hearings and/or Committee Meetings. Consideration of Suwannee River Water Management District business. SRWMD offices are currently closed to the public due to the COVID-19 pandemic. Anyone who wishes to provide public input will be able to do so by calling toll-free at 1(888)585-9008 and entering conference room number of 704-019-452. Additional instructions regarding viewing of and participation in the meeting will be available on the District’s website at www.mysuwanneeriver.com or by calling (386)362-1001 or 1(800)226-1066 (Florida only).
; Tuesday, July 14, 2020 9:00 a.m.; District Headquarters, 9225 CR 49, Live Oak, FL 32060 (District personnel only as currently District offices are closed to the public due to the COVID-19 pandemic). Members of the public may listen and provide comments via phone at 1(888)585-9008 and entering conference room code 704-019-452.
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To conduct a meeting of Council's Comprehensive Economic Development Strategy Committee.; July 9, 2020, 2:00 p.m.; Please join the meeting from your computer, tablet or smartphone.
https://global.gotomeeting.com/join/716253821
You can also dial in using your phone. +1 (312) 757-3121 Access Code: 716-253-821
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Review pending accreditor applications for recommendation to the Commission. Review pending advanced accredited courses for recommendation to the Commission.; July 23, 2020 at 9:00 a.m.; Meetings to be conducted using communications media technology, specifically teleconference and webinar. Join the meeting at https://global.gotomeeting.com/join/533378925 . Join the conference call: United States (toll-free) 1-866-899-4679, meeting ID/access code: 533-378-925; public point of access 2601 Blair Stone Road, Tallahassee, Florida.
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General board business involving discussion and actions, including, but not limited to general board business, licensure applications, rules and disciplinary matters.; August 6, 2020 8:00 a.m. EST; Teleconference Meeting – Dial-in number: 888-585-9008, Participant Code: 744-469-610#
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Official business of Commission – among topics include, but not limited to, are proposed legislation affecting Chapter 475, Part I, F.S., Chapter 61J2, F.A.C., budget discussions, escrow disbursement requests, recovery fund claims, education issues, petitions for declaratory statement, petitions for rule variance/waiver, disciplinary actions and real estate applications. All or part of this meeting may be conducted as a teleconference in order to permit maximum participation of the Commission members or its counsel.; Tuesday, July 14 2020, 8:15 a.m. ET or soonest thereafter; the meeting will reconvene on Wednesday, July 15, 2020, 10:15 a.m. ET or soonest thereafter; Teleconference meeting to be facilitated from Zora Neale Hurston Building, North Tower, Suite N901, 400 W. Robinson St., Orlando, FL 32801. You may attend via phone or video streaming. To attend via video streaming, utilize GoToMeeting website at https://global.gotomeeting.com/join/780725765. To attend via Teleconference number: 1(877)568-4106; Participant Code 780-725-765 followed by the # key.
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The Probable Cause Panel will conduct a private meeting to review cases to determine probable cause and a public meeting to review cases where probable cause was previously found. All or part of this meeting may be conducted as a teleconference in order to permit maximum participation of the Probable Cause Panel and its counsel; Wednesday, July 15, 2020, 8:00 a.m. ET or soonest thereafter; Zora Neale Hurston Building, North Tower, Suite N901, 400 West Robinson Street, Orlando, Florida 32801. You may attend in person or telephonically. To attend telephonically: 1.Utilize GoToMeeting by going to the following website: https://global.gotomeeting.com/join/780725765 OR 2. Dial 1(888)585-9008; then enter the identification number 780-725-765 followed by the (#) key when prompted.
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Springs Coast Management Committee Meeting. Anyone who wishes to provide public input will be able to do so by calling toll-free at 888-585-9008 and entering a conference room number of 346-054-201. This number will allow the public to listen to the meeting and/or provide comments. Additional instructions regarding viewing of and participation in the meeting are available on the District’s website at WaterMatters.org or by calling 1-800-423-1476 and requesting assistance.; Wed., July 15, 2020; 1:30 p.m.; SWFWMD, 2379 Broad Street, Brooksville, FL 34604 (District staff only as currently District offices are closed to the public due to the COVID-19 pandemic).
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Environmental Advisory Committee meeting: SWFWMD offices are currently closed to the public due to the COVID-19 pandemic. Anyone who wishes to provide public input will be able to do so by calling toll-free at 888-585-9008 or with toll at 657-220-3242 and entering a conference room number of 346-054-201. This number will allow the public to listen to the meeting and/or provide comments. Additional instructions regarding viewing of and participation in the meeting are available at WaterMatters.org or by calling 1-800-423-1476 and requesting assistance.; Tues., July. 14, 2020; 10:00 a.m.; District’s Brooksville Office, 2379 Broad St, Brooksville, FL 34604
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Chapter 61H1-33, F.A.C. - Reestablishment of Professional Knowledge and Competency
61H1-29.003, F.A.C. - Experience for Licensure by Endorsement
61H1-31.014 - Continuing Education Course Approval Fees
The Board will host a public workshop for rule development regarding changes to the continuing education course reporting, registration, provider, and fee requirements in consideration of the Department’s 100% Compliance Project. Information to be discussed may include the above-referenced rules. The agenda to be discussed at the workshop will be made available online at http://www.myfloridalicense.com/DBPR/certified-public-accounting/board-meeting-information/
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.; Friday, July 23, 2020, 9:00 a.m. (EDT), this notice is an update to Print Publish Date 5/28/2020, Vol. 46/104; go to https://global.gotomeeting.com/join/588339829, you can also dial in using your phone United States +1 (571) 317-3117, Access Code 588-339-829
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This is a public meeting to discuss and consider Loxahatchee River Preservation Initiative business, including current and future projects and activities.
All members of the public are invited to participate and provide public comment. The public is advised that it is possible that one or more members of the Governing Board of the South Florida Water Management District may attend these meetings. No Governing Board action will be taken.
Teleconference information:
(561) 682-6800 (WPB Local Number)
(855) 682-6800 (Toll Free Nationwide)
Access Code:
994 147 014; Monday, July 06, 2020, 12:00 PM
Loxahatchee River Preservation Initiative Meeting; This meeting will be held via teleconference.
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The Florida Cybersecurity Task Force, established pursuant to Chapter 2019-118, Laws of Florida, announces its agenda to include: Legislative Updates, Updated Timeline and Cybersecurity response. Participants may participate by phone by dialing: United States (toll free) 1(888) 585-9008; Access Code 261-924-180.; Tuesday, June 30, 2020, 2:00 p.m. - 5:00 p.m. ET; Teleconference: 1(888) 585-9008; Conference Room #: 261-924-180