- Notices of Development of Proposed Rules and Negotiated Rulemaking (3)
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The purpose and effect of this rule development is to fulfill requirements under Section 1012.34, Florida Statutes, including the adoption of the formula that measures individual student learning growth, as approved by the Commissioner of Education, and to adopt performance level standards based on this formula using statewide, standardized assessment data.
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The purpose and effect of this rule development is to provide implementing procedures and criteria for the submission, review and approval by the Department of Education of school district systems for personnel evaluation under Section 1012.34, Florida Statutes. This rule also addresses procedures and requirements for monitoring and reporting system status and impact on student learning performance, instructional practice and school leadership practice. Rule revisions will implement changes to Section 1012.34, Florida Statutes, as prescribed in the Student Success Act (SB 736) of 2011 and Education Accountability (HB 7069) of 2015. Changes will include a title change, the inclusion of school administrator evaluation systems, and technical updates to the existing rule to reflect current citations and other conforming language.
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The purpose of these new rules is to establish guidelines and eligibility requirements for the agency’s administration of individual and family supports utilizing community based services authorized under s. 393.066, F.S.
- Petitions and Dispositions Regarding Rule Variance or Waiver (6)
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On June 1, 2015 the Division issued an order. The Final Order was in response to a Petition for an emergency temporary Variance from DEV Hospitality, Inc., filed May 14, 2015, and advertised on May 15, 2015 in Vol. 41, No. 95, of the Florida Administrative Register. No comments were received in response to the petition. The Final Order on the Petition for Variance grants the Petitioner a variance from Rule 8.6.4.7.4 ASME A17.1b, 2009 edition, as adopted by Rule 61C-5.001(1)(a) Florida Administrative Code from the requirement that water and oil shall not be allowed to accumulate on pit floors because the Petitioner has demonstrated that the purpose of the underlying statute has been met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW2015-108).
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Variance from Rule 64E-16.007(4)(j), Florida Administrative Code, from Samuel P. Vitello on behalf of Positive Impact Waste Solutions, Inc. This rule prescribes a procedure for conducting routine efficacy testing. The Petition indicates that Positive Impact Waste Solutions, Inc. is the manufacturer of the PIWS-3000 system. Comments on this Petition should be filed with Shannon Revels, Agency Clerk, Department of Health, Office of the General Counsel, 4052 Bald Cypress Way, Bin A02, Tallahassee, Florida 32399-1703, within 14 days of publication of this notice.
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of the issuance of an Order regarding the Petition for Waiver or Variance, filed on March 9, 2015, by Bruce Leon and Tandem Professional Employer Services, Inc. The Notice of Petition for Waiver or Variance was published in Vol. 41, No. 50, of the March 13, 2015, Florida Administrative Register. Petitioner sought a waiver or variance of Rule 61G7-5.0033(4), Florida Administrative Code, entitled, “Consolidated and Combined Financial Statements,” which provides that a Florida-licensed employee leasing company, employee leasing company group, employee leasing company groups, or any combination thereof, may submit combined audited or reviewed financial statements to meet the requirements of Section 468.525(3)(e), F.S. as applicable, so long as there are Board-approved cross-guarantees between all employee leasing companies and all entities covered in the combined financial statement are Florida-licensed employee leasing companies; non-licensed entities may not be included in combined financial statements. Petitioner is also seeking a variance or partial waiver of Rule 61G7-10.0015, Florida Administrative Code, which provides that an employee leasing company (referenced in this rule “an authorizing employee leasing company”) may satisfy the requirements of its quarterly and annual filing obligations as set forth in Rules 61G7-10.001 and 61G7-10.0011, F.A.C., by being accredited in good standing by the Employer Services Assurance Corporation (ESAC), and by authorizing ESAC to provide the Department, on the licensee’s behalf, certification of compliance and electronic access to information provided to ESAC by the licensee that is consistent with the reporting requirements of Rules 61G7-10.001 and 61G7-10.0011, F.A.C., and is consistent with the requirements of Section 668.50, F.S., (the Florida Uniform Electronic Transactions Act).
The Board considered the instant Petition at a duly-noticed public meeting, held April 15, 2015, in St. Augustine, Florida, and granted the petition with the condition that the approval of the waiver/variance only apply to Petitioners’ use of described combined audited financial statements for 2014 forward, finding that Petitioner had established that the purpose of the underlying statute, Section 468.525(3)(d), Florida Statutes, would be met by granting a variance from Rule 61G7-5.0033 F.A.C. The Board further found that Petitioner established that applying the requirements of the aforementioned rule to their circumstances would violate principles of fairness and impose substantial hardship. The Board’s order was filed on May 27, 2015.
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On April 20, 2015 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 from Jimmy Buffets Margaritaville Restaurant located in Hollywood. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink in the omelet station.
The Petition for this variance was published in Vol. 41/80 on April 24, 2015. The Order for this Petition was signed and approved on May 11, 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 the handwash sink is provided with hot and cold running water under pressure, soap, an approved hand drying device and a handwashing sign.
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Winter Park Professional Bldg. Petitioner seeks an emergency variance of the requirements of ASME A17.3, Section 3.11.3, as adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the elevators with firefighters’ emergency operations which poses a significant economic/financial hardship. Any interested person may file comments within 5 days of the publication of this notice with Michelle Comingore, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW2015-131).
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Firkins Auto. Petitioner seeks an emergency variance of the requirements of ASME A18.1, Section 2.7.1, as adopted by 61C-5.001(1), Florida Administrative Code that requires limitation of load, speed and travel which poses a significant economic/financial hardship. Any interested person may file comments within 5 days of the publication of this notice with Michelle Comingore, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW2015-132).
- Notices of Meetings, Workshops and Public Hearings (10)
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To discuss proposed changes, issues and concerns involving the minimum standards and operation of Florida’s county and
municipal jails.
; March 01, 2013, 0900 a.m.; Keiser University, 6430 Southpoint Parkway, Jacksonville, Florida 32216
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Developing Partnerships; June 15, 2015, 2:00pm - 4:00pm; The Capitol, Room 2103, 400 South Monroe Street, Tallahassee, FL 32399
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Regular Board Meeting; Wednesday, June 17, 2015, 2:00 PM; 1(888)670-3525, Participant Passcode: 1242528392 then #
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Monthly Regional Workforce Board Management Teleconference; June 12, 2015 at 9:30 a.m. (EST); Conference Call
Dial-in: 1-888-670-3525 / Conf Code: 3382614626#
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The Florida Historical Commission will hold its June meeting for the purposes of conducting commission business and assisting the Division of Historical Resources in carrying out the purposes, duties, and responsibilities of the division.; Thursday, June 11, 2015, 1:00 p.m. to conclusion. This meeting will be conducted by teleconference. Members of the public may participate. Dial-in Number: 1.888.670.3525 Conference Code: 7911101420#; This meeting will be conducted by teleconference. R.A. Gray Building, Room 307, 500 South Bronough Street, Tallahassee, FL 32399-0250
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The Department is holding a workshop for the purpose of exploring options with the public for the implementation of potential changes to the fire investigator program. The workshop may also include a general discussion of the fire investigator program, instructor requirements, provider requirements, recommended course work, general procedures, exams, and proposed rule development in that regard. This workshop will take input from affected persons as to what rule amendments are necessary to implement this statutory change.
A copy of the agenda may be obtained by contacting: Bill Wentlandt, Assistant Superintendent, Bureau of Fire Standards and Training, Division of State Fire Marshal, Department of Financial Services, 11655 NW Gainesville Road, Ocala, FL 34482, phone: (352)369-2829 or Bill.Wentlandt@MyFloridaCFO.com. A conference line is available for individuals to participate via phone. The conference call in number is (850) 413-1558, Conference ID: 134505.
To ensure our conference call participants have the opportunity to provide public comment or testimony, we are providing the following information. All public comment requests must be submitted by email to Bill.Wentlandt@MyFloridaCFO.com with the subject title “Request to Speak”. In the body of the email, please provide ALL of the following:
1. Your name
2. Telephone number
3. Email address
4. Subject on which you will be providing comment
All requests to speak from our conference call participants will be provided to the moderator. Comments will be heard from attendees in the room, and then the moderator will call upon speakers attending by conference line. Please remember to unmute your line to speak when you are called upon, as all lines will be muted at the start of the workshop to minimize disruptions.
; Wednesday, June 17, 2015, 1:00 p.m. - 2:00 p.m.; Palm Beach County Fire Rescue, 405 Pike Road, West Palm Beach, FL 33411
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Deliberation for cases pending before the Reemployment Assistance Appeals Commission that are ready for final review and the Chairman's report. No public testimony will be taken.; June 10, 2015, 9:00 a.m.
; Reemployment Assistance Appeals Commission, 101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151.
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Topics to include but are not limited to Committee Reports and Financial Updates.; June 24, 2015, 9:00 a.m.; Sheraton Orlando North, 600 N. Lake Destiny Drive, Maitland, FL 32751
Dial In: 888-942-8686; Conf ID: 5743735657#
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Partnership for Community Programs meeting matters.; Monday, June 15, 2015, 4:00 p.m.; Crestview City Hall, 198 N. Wilson Street, Crestview, Fl
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General Business Meeting; June 25, 2015, 8:30 a.m.; (888) 670-3525 Conference Code: 4552635641