- Petitions and Dispositions Regarding Rule Variance or Waiver (20)
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that on June ___, 2014, the Executive Director of the South Florida Water Management District (SFWMD or District) issued an Order Granting Variance under Section 120.542, Florida Statutes, (SFWMD 2014-___-DAO-ERP) to the Greater Orlando Aviation Authority (GOAA), concerning a project known as the Orlando International Airport South Airport APM and ITF Complex, located in Orange County; Sections 9, 10, Township 24 South, Range 30 East. The Petition for Variance (Application No. 140430-2) was received by the SFWMD on April 30, 2014. Notice of receipt of the Petition was published in the Florida Administrative Register, Vol. 40, Number 90, on May 8, 2014. No public comment was received. This Order provides a variance for the proposed modification of treatment Pond STP70 within the South Terminal Area to make it larger in size without a change to the permitted discharge structure. The particular criterion from which the variance is sought is found at Section 5.4.2(d) of the South Florida Water Management District Environmental Resource Permit Applicant’s Handbook Volume II, effective October 1, 2013, which is incorporated by reference in Paragraph 40E-4.091(1)(a) and Chapter 62-330, Fla. Admin. Code, pertaining to degree of side slopes acceptable for wet retention/detention and attenuation areas. This criterion provides, in general, that for purposes of public safety, water quality enhancement, and maintenance, all wet retention/detention areas shall be designed with side slopes no steeper than 4:1 (horizontal:vertical) from top of bank out to a minimum depth of two feet below the control elevation, or an equivalent substitute. The Order sets forth the basis of the SFWMD decision to grant the variance, as follows: 1) the variance is necessary to prevent a substantial economic hardship on GOAA; and 2) the purpose of the underlying rule has been achieved by other means.
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On June 02, 2014 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, Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code from Portable P112 located in St. Petersburg. The above referenced F.A.C. addresses the 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 preparation and storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing, food preparation and food storage areas with another licensed food service establishment under the same ownership and on the same premise.
The Petition for this variance was published in Vol. 40/110 on June 06, 2014. The Order for this Petition was signed and approved on June 23, 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 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 the 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 Catering Kitchen Main (SEA6214214) must be maintained in a clean and sanitary manner. These areas must also be available to the Portable P112 during all hours of operation. If the ownership of Catering Kitchen Main and Portable P112 (Volume Services Inc.) changes, a signed agreement between the two establishments for the use of the shared facilities must be provided to the division immediately.
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On June 02, 2014 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, Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code from Portable P114 located in St. Petersburg. The above referenced F.A.C. addresses the 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 preparation and storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing, food preparation and food storage areas with another licensed food service establishment under the same ownership and on the same premise.
The Petition for this variance was published in Vol. 40/110 on June 06, 2014. The Order for this Petition was signed and approved on June 23, 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 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 the 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 Catering Kitchen Main (SEA6214214) must be maintained in a clean and sanitary manner. These areas must also be available to the Portable P114 during all hours of operation. If the ownership of Catering Kitchen Main and Portable P114 (Volume Services Inc.) changes, a signed agreement between the two establishments for the use of the shared facilities must be provided to the division immediately.
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On June 02, 2014 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, Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code from Portable P120 located in St. Petersburg. The above referenced F.A.C. addresses the 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 preparation and storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing, food preparation and food storage areas with another licensed food service establishment under the same ownership and on the same premise.
The Petition for this variance was published in Vol. 40/110 on June 06, 2014. The Order for this Petition was signed and approved on June 23, 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 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 the 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 Catering Kitchen Main (SEA6214214) must be maintained in a clean and sanitary manner. These areas must also be available to the Portable P120 during all hours of operation. If the ownership of Catering Kitchen Main and Portable P120 (Volume Services Inc.) changes, a signed agreement between the two establishments for the use of the shared facilities must be provided to the division immediately.
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Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code from Portable P124 located in St. Petersburg. The above referenced F.A.C. addresses the 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 preparation and storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing, food preparation and food storage areas with another licensed food service establishment under the same ownership and on the same premise.
The Petition for this variance was published in Vol. 40/110 on June 06, 2014. The Order for this Petition was signed and approved on June 23, 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 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 the 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 Catering Kitchen Main (SEA6214214) must be maintained in a clean and sanitary manner. These areas must also be available to the Portable P124 during all hours of operation. If the ownership of Catering Kitchen Main and Portable P124 (Volume Services Inc.) changes, a signed agreement between the two establishments for the use of the shared facilities must be provided to the division immediately.
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On June 02, 2014 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, Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code from Portable P126 located in St. Petersburg. The above referenced F.A.C. addresses the 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 preparation and storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing, food preparation and food storage areas with another licensed food service establishment under the same ownership and on the same premise.
The Petition for this variance was published in Vol. 40/110 on June 06, 2014. The Order for this Petition was signed and approved on June 23, 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 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 the 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 Catering Kitchen Main (SEA6214214) must be maintained in a clean and sanitary manner. These areas must also be available to the Portable P126 during all hours of operation. If the ownership of Catering Kitchen Main and Portable P126 (Volume Services Inc.) changes, a signed agreement between the two establishments for the use of the shared facilities must be provided to the division immediately.
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On June 02, 2014 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, Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code from Portable Coffee 1st Base located in St. Petersburg. The above referenced F.A.C. addresses the 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 preparation and storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing, food preparation and food storage areas with another licensed food service establishment under the same ownership and on the same premise.
The Petition for this variance was published in Vol. 40/110 on June 06, 2014. The Order for this Petition was signed and approved on June 23, 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 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 the 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 Catering Kitchen Main (SEA6214214) must be maintained in a clean and sanitary manner. These areas must also be available to the Portable Coffee 1st Base during all hours of operation. If the ownership of Catering Kitchen Main and Portable Coffee 1st Base (Volume Services Inc.) changes, a signed agreement between the two establishments for the use of the shared facilities must be provided to the division immediately.
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On June 02, 2014 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, Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code from Portable C3A located in St. Petersburg. The above referenced F.A.C. addresses the 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 preparation and storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing, food preparation and food storage areas with another licensed food service establishment under the same ownership and on the same premise.
The Petition for this variance was published in Vol. 40/110 on June 06, 2014. The Order for this Petition was signed and approved on June 23, 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 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 the 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 Catering Kitchen Main (SEA6214214) must be maintained in a clean and sanitary manner. These areas must also be available to the Portable C3A during all hours of operation. If the ownership of Catering Kitchen Main and Portable C3A (Volume Services Inc.) changes, a signed agreement between the two establishments for the use of the shared facilities must be provided to the division immediately.
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On June 02, 2014 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, Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code from Portable DND 3rd Base located in St. Petersburg. The above referenced F.A.C. addresses the 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 preparation and storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing, food preparation and food storage areas with another licensed food service establishment under the same ownership and on the same premise.
The Petition for this variance was published in Vol. 40/110 on June 06, 2014. The Order for this Petition was signed and approved on June 23, 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 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 the 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 Catering Kitchen Main (SEA6214214) must be maintained in a clean and sanitary manner. These areas must also be available to the Portable DND 3rd Base during all hours of operation. If the ownership of Catering Kitchen Main and Portable DND 3rd Base (Volume Services Inc.) changes, a signed agreement between the two establishments for the use of the shared facilities must be provided to the division immediately.
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On June 02, 2014 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, Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code from Portable P115 located in St. Petersburg. The above referenced F.A.C. addresses the 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 preparation and storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing, food preparation and food storage areas with another licensed food service establishment under the same ownership and on the same premise.
The Petition for this variance was published in Vol. 40/110 on June 06, 2014. The Order for this Petition was signed and approved on June 23, 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 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 the 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 Catering Kitchen Main (SEA6214214) must be maintained in a clean and sanitary manner. These areas must also be available to the Portable P115 during all hours of operation. If the ownership of Catering Kitchen Main and Portable P115 (Volume Services Inc.) changes, a signed agreement between the two establishments for the use of the shared facilities must be provided to the division immediately.
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On June 02, 2014 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, Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code from Portable P121 located in St. Petersburg. The above referenced F.A.C. addresses the 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 preparation and storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing, food preparation and food storage areas with another licensed food service establishment under the same ownership and on the same premise.
The Petition for this variance was published in Vol. 40/110 on June 06, 2014. The Order for this Petition was signed and approved on June 23, 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 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 the 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 Catering Kitchen Main (SEA6214214) must be maintained in a clean and sanitary manner. These areas must also be available to the Portable P121 during all hours of operation. If the ownership of Catering Kitchen Main and Portable P121 (Volume Services Inc.) changes, a signed agreement between the two establishments for the use of the shared facilities must be provided to the division immediately.
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On June 02, 2014 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, Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code from Portable P123 located in St. Petersburg. The above referenced F.A.C. addresses the 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 preparation and storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing, food preparation and food storage areas with another licensed food service establishment under the same ownership and on the same premise.
The Petition for this variance was published in Vol. 40/110 on June 06, 2014. The Order for this Petition was signed and approved on June 23, 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 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 the 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 Catering Kitchen Main (SEA6214214) must be maintained in a clean and sanitary manner. These areas must also be available to the Portable P123 during all hours of operation. If the ownership of Catering Kitchen Main and Portable P123 (Volume Services Inc.) changes, a signed agreement between the two establishments for the use of the shared facilities must be provided to the division immediately.
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variance or waiver filed by Richard Slajchert. The Petition does not state which Rule the Petitioner is requesting a variance or waiver. However, it appears that Petitioner is requesting a variance or waiver of Rule 61G2-2.0031(3)(b), Florida Administrative Code, which requires the licensee to pay a delinquent status license fee .
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of the issuance of an Order regarding the Petition for Variance or Waiver, filed on April 11, 2014, by Gloria Coppola. The Notice of Petition for Waiver or Variance was published in Vol. 40, No. 80, of the April 24, 2014 Florida Administrative Register. Petitioner sought a waiver of Rule 64B7-25.004, Florida Administrative Code, requiring completion of a current curriculum course from a Board approved school covering the Florida Statutes and rules related to massage therapy, or any other subsection that would require the petitioner to attain additional education requirements for licensure as a massage therapist. The Board considered the instant Petition at a duly-noticed public meeting held on May 2, 2014, in Orlando, Florida.
The Board’s Order, filed on June 17, 2014, denied the petition for the following reasons:
Florida statutes mandate completion of a massage program from a board-approved massage school; and the Board has no authority to waive or vary from the terms of the statutes.
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of the issuance of an Order regarding the Petition for Variance or Waiver, filed on January 9, 2014, by Angela Williams. The Notice of Petition for Waiver or Variance was published in Vol. 40, No. 24, of the February 5, 2014 Florida Administrative Register. Petitioner sought a waiver of section 480.041, FS and Rule Chapter 64B7-25, Florida Administrative Code, requiring completion of a 500 hour program for licensure. The Board considered the instant Petition at a duly-noticed public meeting held on May 2, 2014, in Orlando, Florida.
The Board’s Order, filed on June 17, 2014, denied the petition for the following reasons:
1. The Petition does not identify the rule for which Petitioner seeks waiver;
2. The Board has no authority to waive the requirements of Section 480. 041, FS;
3. Petitioner has not submitted proof of graduation.
4. Petitioner was licensed in Texas in 2012. For licensure by endorsement, the state in which the applicant is already licensed must have licensing standards substantially similar or equivalent to, or more stringent than the standards in Florida.
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an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2009 FDA Food Code from MagiCream located in Kissimmee. 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 and three-compartment sinks.
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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On June 02, 2014 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, Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code from Portable P146 located in St. Petersburg. The above referenced F.A.C. addresses the 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 preparation and storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing, food preparation and food storage areas with another licensed food service establishment under the same ownership and on the same premise.
The Petition for this variance was published in Vol. 40/110 on June 06, 2014. The Order for this Petition was signed and approved on June 23, 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 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 the 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 Catering Kitchen Main (SEA6214214) must be maintained in a clean and sanitary manner. These areas must also be available to the Portable P146 during all hours of operation. If the ownership of Catering Kitchen Main and Portable P146 (Volume Services Inc.) changes, a signed agreement between the two establishments for the use of the shared facilities must be provided to the division immediately.
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a variance or waiver.
Petitioner’s Name: Oakleaf Hammock HOA & The Ryland Group, 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. 14-4197.
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of the issuance of an Order regarding the Petition for Variance or Waiver, filed on November 15, 2013, by Tammy Cobb. The Notice of Petition for Waiver or Variance was published in Vol. 39, No. 226, of the November 20, 2013 Florida Administrative Weekly. Petitioner sought a waiver or variance of Rule 64B7-25.004, F.A.C., The Petitioner seeks a permanent waiver of the requirement for official transcripts to be received for licensure as Mesa Academy of Massage closed, and the records cannot be located. The Board considered the instant Petition at a duly-noticed public meeting held on May 2, 2014, in Orlando, Florida.
The Board’s Order, filed on June 17, 2014, dismissed the petition as moot because the Board approved the Petitioner's application for licensure.
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On June 02, 2014 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, Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code from Portable P360 Top Dog located in St. Petersburg. The above referenced F.A.C. addresses the 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 preparation and storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing, food preparation and food storage areas with another licensed food service establishment under the same ownership and on the same premise.
The Petition for this variance was published in Vol. 40/110 on June 06, 2014. The Order for this Petition was signed and approved on June 23, 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 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 the 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 Catering Kitchen Main (SEA6214214) must be maintained in a clean and sanitary manner. These areas must also be available to the Portable P360 Top Dog during all hours of operation. If the ownership of Catering Kitchen Main and Portable P360 Top Dog (Volume Services Inc.) changes, a signed agreement between the two establishments for the use of the shared facilities must be provided to the division immediately.
- Notices of Meetings, Workshops and Public Hearings (20)
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General Meeting; July 7, 2014 @ 9:00 AM; 2463 SR16W, Green Cove Springs, FL 32043
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As to Invitation to Negotiate DMS 13/14-011, Pharmacy Benefits Plan Management Services, the Department of Management Services hereby provides notice of these Public Meetings for the Negotiation Team to discuss the intent to award for this ITN.; Monday, July 7, 2014, beginning at 1:00 p.m. ET (Tallahassee local time) and ending at 3:00 p.m. ET (Tallahassee local time)
Tuesday, July 8, 2014, beginning at 10:00 a.m. ET (Tallahassee local time) and ending at 12:00 p.m. ET (Tallahassee local time); Both meeting will be held at: Shuster’s Conference Room, Building 4055 Esplanade Way, Tallahassee, Florida 32399.
The meetings may be attended telephonically by calling, (888) 670-3525. At the prompt, enter Conference Code 7665653066#.
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General business of the committee. The Board of Medicine announces that certain Committee meetings will be held on the Thursday, before each Full Board meeting. 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 Medicine at (850) 245-4131 for information.; Thursday, July 31st, 2014, beginning at 8:00 AM.; Renaissance at SeaWorld, 6677 Sea Harbor Drive, Orlando, Florida 32821. The hotel phone number is (407) 351-5555.
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General business of the committee. The Board of Medicine announces that certain Committee meetings will be held on the Thursday, before each Full Board meeting. 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 Medicine at (850) 245-4131 for information.; hursday, July 31st, 2014, beginning at Noon.; Renaissance at SeaWorld, 6677 Sea Harbor Drive, Orlando, Florida 32821. The hotel phone number is (407) 351-5555.
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General business of the committee. The Board of Medicine announces that certain Committee meetings will be held on the Thursday, before each Full Board meeting. 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 Medicine at (850) 245-4131 for information.; Thursday, July 31st, 2014, beginning at 1:30 PM.; Renaissance at SeaWorld, 6677 Sea Harbor Drive, Orlando, Florida 32821. The hotel phone number is (407) 351-5555.
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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 Compliance Management Unit at (850)245-4268 for more information.; Thursday, July 31st, 2014, immediately following the Physician Assistants Council meeting.; Renaissance at SeaWorld, 6677 Sea Harbor Drive, Orlando, Florida 32821. The hotel phone number is (407) 351-5555.
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General business of the committee. The Board of Medicine announces that certain Committee meetings will be held on the Thursday, before each Full Board meeting. 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 Medicine at (850) 245-4131 for information.; Thursday, July 31st, 2014, immediately following the Probation Committee meeting.; Renaissance at SeaWorld, 6677 Sea Harbor Drive, Orlando, Florida 32821. The hotel phone number is (407) 351-5555.
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General business of the board. The Board of Medicine announces that certain Committee meetings will be held on the Thursday, before each Full Board meeting. 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 Medicine at (850) 245-4131 for information.; Friday, August 1st, 2014, Beginning at 8:00 AM.; Renaissance at SeaWorld, 6677 Sea Harbor Drive, Orlando, Florida 32821. The hotel phone number is (407) 351-5555.
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To conduct a public meeting to reconsider disciplinary cases with prior findings of probable cause.; Friday, July 11, 2014, 2:00 p.m.; (888) 670-3525, Participation Code: 125-528-7056
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To conduct a public meeting to reconsider disciplinary cases with prior findings of probable cause.; Friday, July 18, 2014, 2:00 p.m.; 1(888) 670-3525, Participation Code: 125-528-7056
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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, which would be public.; July 9, 2014 @1:00 p.m.; Conference call
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This meeting will discuss on-going issues, developing issues and other matters.
; Tuesday, July 29, 2014, 4:00 PM
; Enterprise Florida, Inc.
800 N. Magnolia Avenue, Suite 1100
Orlando, FL 32803
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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.; July 9, 2014, 9:00 a.m.
; Reemployment Assistance Appeals Commission, 101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151
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Executive Committee
NOTE: In the absence of quorum, items on this agenda will be discussed as workshop, and notes will be recorded although no formal action will be taken. If you have any questions, please call (850) 414-3300.
-; July 9, 2014 at 10:00 a.m.; Please call (850) 414-3300 for instructions on participation.
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General Board Business; Friday, July 30, 2014 commencing at 9:00 a.m.; Renaissance Orlando at Sea World, 6677 Sea Harbor Drive, Orlando, FL 32821
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The agenda topic will be the market assistance plan.; July 17, 2014 beginning at 11:00 a.m.; Contact Kathy Coyne at (941) 378-7408 to participate in the teleconference meeting.
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Accepting public comments regarding Draft Title V Air Operation Permit No. 0010131-004-AV for the Gainesville Renewable Energy Center (GREC).
GREC is a 100 megawatts (MW) biomass-fueled power plant located northwest of Gainesville and southeast of Alachua on US 441 and adjacent to the GRU Deerhaven power plant. GREC started commercial operation in 2013. The Department’s Notice of Intent to Issue a Title V Air Operation Permit was published in the Gainesville Sun on May 5, 2014 and provided a period of 30 days for the public to submit comments and to request a public meeting.
The Department will accept additional comments at the public meeting for consideration prior to making a final decision on issuance of the permit. The related permitting documents, including those of previous permitting actions are accessible by entering Facility No. 0010131 at the following link: http://appprod.dep.state.fl.us/air/emission/apds/default.asp.
; Tuesday, August 5, 2014, 7:00 pm – 9:00 pm; City of Gainesville Police Department, Hall of Heroes Community Room, 545 N.W. 8th Avenue, Gainesville, FL.
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Governing Board Meeting, Committee Meetings and Public Hearing: Consider SWFWMD business including adoption of proposed District millage rate for fiscal year 2014-15. All or part of this meeting may be conducted by means of communications media technology in order to permit maximum participation of Governing Board members.; Monday, July 21, 2014; 9 a.m. (change from previously published date); SWFWMD Tampa Service Office, 7601 US Highway 301 North, Tampa FL
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General Business; Monday, July 14th, 2014 at 10:00 am; 1(888)670-3525, participant passcode: 6493057517#
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The Evaluation Committee for the Florida Boating Improvement Program (FBIP) will meet to score applications for fiscal year 2014-2015 funding.; July 11, 2014, 9:00 a. m.; Florida Fish and Wildlife Conservation Commission, Bryant Building Auditorium, 620 South Meridian Street, Tallahassee, FL 32399
- Notices of Petitions and Dispositions Regarding Declaratory Stat (3)
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Walter L. Gauntt; Notice of the Petition for Declaratory Statement was published on June 6, 2014, in Vol. 40, No. 110, of the Florida Administrative Register. The Petition seeks a declaration regarding Sections 493.6101(20) and (21), Florida Statutes, defining “recovery agency” and “recovery agent.” The Petition asserts that public safety is adversely affected should unlicensed individuals, specifically “forwarders,” or “brokers,” issue and supervise self-help repossession assignments. The question posed in the petition was whether the Department intended to enforce Sections 493.6101(20) and (21), Florida Statutes, as they were written. The Department’s Order, filed on June 25, 2014, declined to answer the petition as Petitioner failed to establish that he was affected by the referenced statutes as they apply to his particular circumstances. Additionally, the question asked regarding the Department’s enforcement of Chapter 493, Florida Statutes, related to the conduct of other parties, and was not the proper subject for a declaratory statement.
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Mary Wetherby; Petitioner has withdrawn her petition seeking a statement from the Board as to whether her practice of telepsychology, at times from California, for patients in Florida, falls within the meaning of Section 490.003(4)(a), Florida Statutes. The Notice of Petition was published in Vol. 40, No. 76, of the April 18, 2014, issue of the Florida Administrative Register.
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John Bruce Williams, RPH, on behalf of North Okaloosa Medical Center filed on June 24, 2014.; The petitioner is seeking the Board’s interpretation as to whether the petitioner’s licensure as an acute care hospital with an Institutional Class 2 license and a Special Sterile Compounding Permit allows for post-surgical patients to be discharged to home while receiving an ongoing (2-3 day duration) infusion of non CS medication via elastomeric (single dose) pump device.
Except for good cause shown, motions for leave to intervene must be filed within 21 days after the publication of this notice.