- Notices of Development of Proposed Rules and Negotiated Rulemaking (5)
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The proposed rule amendment is sought in response to Chapter 2013-207, Laws of Florida, which became effective July 1, 2013. The new law passed Senate Bill 1464/House Bill 1147, which amended Florida Statute, chapter 760.34, as follows:
(4) If, within 180 days after a complaint is filed with the commission or within 180 days after expiration of any period of reference under subsection (3), the commission has been unable to obtain voluntary compliance with ss. 760.20-760.37, the person aggrieved may commence a civil action in any appropriate court against the respondent named in the complaint or petition for an administrative determination pursuant to s. 760.35 to enforce the rights granted or protected by ss. 760.20-760.37. If, as a result of its investigation under subsection (1), the commission finds there is reasonable cause to believe that a discriminatory housing practice has occurred, at the request of the person aggrieved, the Attorney General may shall bring an action in the name of the state on behalf of the aggrieved person to enforce the provisions of ss. 760.20-760.37.
The U.S. Department of Housing and Urban Development (HUD) has certified that the Florida Commission on Human Relations enforces the Florida Fair Housing Act which provides substantive rights, procedures, remedies and judicial review provisions that are substantially equivalent to the federal Fair Housing Act. As a certified agency, the Florida Commission on Human Relations receives referrals of housing discrimination complaints for investigation from HUD, and in return for investigating those complaints, the Florida Commission on Human Relations receives funding from HUD. HUD has expressed concern that the law change identified above will impact the Commission’s substantial equivalency certification because of the possibility that if the Attorney General, in its discretion, decided not to bring a civil action in the name of the state on the aggrieved person’s behalf, the aggrieved person would be left without appropriate redress and/or representation.
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The purpose of the amendment is to adjust the firefighter death benefits provided in Section 112.191(2), F.S., for the 2013-2014 year based on the Consumer Price Index (CPI) for All Urban Consumers published by the United States Department of Labor.
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The purpose of this rule development is to revise Next Generation Sunshine State Standards for Social Studies, The Arts, Health Education, Physical Education, Gifted Education and Special Skills, and Next Generation Sunshine State Standards (Common Core) for Mathematics, including core content connectors. The effect will be the proposed adoption of the Next Generation Sunshine State Standards in Social Studies, The Arts, Health Education, Physical Education, Gifted Education and Special Skills, and Next Generation Sunshine State Standards (Common Core) for Mathematics, including core content connectors.
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The purpose of this rule development is to revise course requirements for each course contained in the “2013-2014 Course Code Directory and Instructional Personnel Assignments” and the “2014-2015 Course Code Directory and Instructional Personnel Assignments” for Grades K-12/Adult, Basic Education. The effect will be the proposed adoption of the 2013-2014 and 2014-2015 course descriptions which include literacy, mathematical practices, and health education standards as appropriate for each grade level and content area.
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The purpose of this rule development is to revise course requirements for each course contained in the “2013-2014 Course Code Directory and Instructional Personnel Assignments” and the “2014-2015 Course Code Directory and Instructional Personnel Assignments” for Grades PK-12 Exceptional Student Education. The effect will be the proposed adoption of the 2013-2014 and 2014-15 course descriptions which include literacy, mathematical practices, and health education standards as appropriate for each grade level and content area.
- Petitions and Dispositions Regarding Rule Variance or Waiver (7)
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of the issuance of an Order regarding the Petition for Variance or Waiver for Cory Schafer, ISKA Mixed Martial Arts, filed on March 8, 2013. The Petitioner was seeking a permanent variance or waiver of Rule 61K1-1.030(4), F.A.C., with regards to allowing the professional mixed martial arts matches to be scheduled for one (1) round lasting five (5) minutes. The Notice of Petition for Variance or Waiver was published in Volume 39, No. 58, of the March 25, 2013, Florida Administrative Register. The Board considered the Petition at a duly-noticed public meeting held on May 17, 2013. The Board=s Order, filed on July 19, 2013, grants the Petition for Variance or Waiver. The variance would merely reduce the minimum of scheduled rounds from two to one. The Board determined that the Petitioner has demonstrated that he meets the requirements of Section 120.542, F.S.
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a permanent waiver or variance of Rule 61J1-10.003(1), F.A.C., file by Thomas H. Hill, SRA, in regards that an applicant must meet the minimum education, experience, and examination requirements for certification as a residential real estate appraiser.
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Sevilla Condo Association. Petitioner seeks an emergency variance of the requirements of an unspecified Section of A17.3, as adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the elevators operations which poses a significant economic/financial hardship. Any interested person may file comments within 5 days of the publication of this notice with Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW2013-240).
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City of Clearwater Fire Station #45. Petitioner seeks a variance of the requirements of ASME A17.1b, Section 2.20.1, 2.18.5.1 as adopted by 61C-5.001(1)(a), Florida Administrative Code that requires steel ropes of a minimum diameter of 9.5 mm which poses a significant economic/financial hardship. Any interested person may file comments within 14 days of the publication of this notice with Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW2013-241).
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Forever 21/Altamonte Mall. Petitioner seeks a variance of the requirements of ASME A17.1b, Section 2.20.1, 2.18.5.1, 2.20.4, 2.20.5 and 2.20.9 as adopted by 61C-5.001(1)(a), Florida Administrative Code that requires steel ropes of a minimum diameter of 9.5 mm which poses a significant economic/financial hardship. Any interested person may file comments within 14 days of the publication of this notice with Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW2013-242).
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an Emergency Variance for Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code from The Sweet Peddler located in Panama City Beach. The above referenced F.A.C. addresses the requirement that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided. They are requesting to share the three-compartment sink located within an adjacent business under a different ownership.
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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an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Section 5-203.13, 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, Paragraph 61C-4.010(5), Florida Administrative Code, and Paragraph 4-301.11, 2009 FDA Food Code from Subway at Bayonet Point Hospital located in Hudson. The above referenced F.A.C. addresses the requirement that at least one service sink is provided for the cleaning of mops or similar cleaning tools and the disposal of mop water; that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided and that each establishment have an adequate number of facilities to maintain all time/temperature control for safety foods at proper temperatures. They are requesting to utilize the mopsink, dishwashing and food storage and prep facilities located within another licensed establishment under a different ownership on the same premises.
- Notices of Meetings, Workshops and Public Hearings (20)
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The Hiring Organizational Meeting is being held to discuss the hiring process of the Executive Director and to review and select applications for that position. The Hearing Panels of the Education Practices Commission will consider final agency action in matters dealing with the disciplining of certified educators.; A Hiring Organizational Meeting will begin at 9:00 AM or as soon thereafter as can be heard on August 7, 2013
A Teacher Hearing Panel will begin at 8:30 AM or as soon thereafter as can be heard on August 8, 2013.
A Teacher Hearing Panel will begin at 2:00 PM or as soon thereafter as can be heard on August 8, 2013.
; Crowne Plaza Tampa Westshore
5303 West Kennedy Boulevard
Tampa, Florida 33609
(813) 289-1950
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This is a meeting of the Children's Medical Services Cardiac Technical Advisory Panel.; Saturday, August 3, 2013, at 10:00AM (Eastern Daylight Time); Tampa Airport Marriott at the Tampa International Airport, 4200 George J. Bean Parkway, Tampa, FL, 33607
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The purpose of the meeting is for the Commission to vote on the disposition of cases pending before it for decision.; Monday, August 19, 2013, at 10:00 a.m. ET; Call 1(888)670-3525, and when prompted, enter pass code 1760507820 followed by the # key.
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Regular recurring meeting to review project status and act on any decisions required of the Committee; Wednesday, August 14, 2013. 10:30 a.m. - 12:00 noon; Caldwell Building, Conference room B-49, 107 E. Madison Street, Tallahassee, Florida 32399 or by conference call: 1 (888) 670-3525 Passcode 1188081993 then #
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To conduct the regular business of the North Central Florida (District 3) Local Emergency Planning Committee.; August 15, 2013 at 10:00 a.m.; Columbia County Emergency Operations Center, 263 Northwest Lake City Avenue, Lake City, Florida.
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To conduct the regular business of the North Central Florida Regional Hazardous Materials Response Team Policy Board.; August 15, 2013 at 1:00 p.m.; Columbia County Emergency Operations Center, 263 Northwest Lake City Avenue, Lake City, Florida.
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HR Committee Meeting; August 9, 2013 at 9 am; Technology Business Incubator
3651 FAU Blvd., Suite 400
Boca Raton, FL 33431
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The District proposes develop new rules as well as amend and repeal existing rules as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all water management districts (WMDs) to increase consistency in the consumptive use permitting (CUP). This necessitates addressing procedural rules. The changes will address the goals of the DEP and the WMDs in streamlining the permitting process and making the permitting process less confusing for applicants. Additional information about the statewide CUP consistency initiative and this rulemaking process is available at DEP's website at: http://www.dep.state.fl.us/water/waterpolicy/cupcon.htm.
Among other things, this rule development will cover the amendment, repeal, or development of rules as needed to accomplish CUP consistency goals, on the following subjects: (1) consumptive use permit criteria; (2) limiting conditions (permit conditions by rule); (3) permit thresholds; (4) permit types; (5) permit duration; (6) water conservation requirements; (7) modification of permits; (8) 10-year compliance reports; (9) compliance monitoring and forms; (10) application forms; (11) permit fees to address related changes to permit thresholds or permit types; (12) the District’s Water Use Permit Information Manual Part B, Basis of Review for Water Use Permit Applications; (13) procedural rules in Chapter 40D-1, F.A.C.; (14) water levels and rates of flows rules in Chapter 40D-8; (15) water shortage plan rules in Chapter 40D-21, F.A.C.; and (15) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas identified above.
Note: Members of the District’s Governing Board may attend the scheduled Rule Development Workshop.; August 22, 2013, 1:30 p.m.; SWFWMD, Tampa Service Office, Governing Board Meeting Room, 7601 US Highway 301 N, Tampa, FL 33637
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The Department of Children and Families, Circuit 7, announces a public forum to discuss child welfare in St. Johns County: What is working in the current system of care, identification of gaps in services, and critical areas needing improvement.; TUESDAY-AUGUST 13, 2013, 5:30 PM to 7:30 PM; St. Johns County Health and Human Services Auditorium, 1955 U.S. Highway 1, South, St. Augustine, FL 32086
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Rules Committee Meeting.; Friday, August 23, 2013, commencing at 9:00 a.m.; Renaissance at Sea World, 6677 Sea Harbor Drive, Orlando, Florida 32821 (407) 351-5555.
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For cases previously heard by the panel.; August 26, 2013 @ 2:30pm.; Department of Health, Tallahassee at Meet Me Number (888) 670-3525 code 9638257208.
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The District proposes develop new rules as well as amend and repeal existing rules as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all water management districts (WMDs) to increase consistency in the consumptive use permitting (CUP). This necessitates addressing procedural rules. The changes will address the goals of the DEP and the WMDs in streamlining the permitting process and making the permitting process less confusing for applicants. Additional information about the statewide CUP consistency initiative and this rulemaking process is available at DEP's website at: http://www.dep.state.fl.us/water/waterpolicy/cupcon.htm.
Among other things, this rule development will cover the amendment, repeal, or development of rules as needed to accomplish CUP consistency goals, on the following subjects: (1) consumptive use permit criteria; (2) limiting conditions (permit conditions by rule); (3) permit thresholds; (4) permit types; (5) permit duration; (6) water conservation requirements; (7) modification of permits; (8) 10-year compliance reports; (9) compliance monitoring and forms; (10) application forms; (11) permit fees to address related changes to permit thresholds or permit types; (12) the District’s Water Use Permit Information Manual Part B, Basis of Review for Water Use Permit Applications; (13) procedural rules in Chapter 40D-1, F.A.C.; (14) water levels and rates of flows rules in Chapter 40D-8; (15) water shortage plan rules in Chapter 40D-21, F.A.C.; and (15) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas identified above.
Note: Members of the District’s Governing Board may attend the scheduled Rule Development Workshop.; August 22, 2013, 1:30 p.m.; SWFWMD, Tampa Service Office, Governing Board Meeting Room, 7601 US Highway 301 N, Tampa, FL 33637
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130025-WU; August 21, 2013, 6:00 p.m.; Lake Placid High School
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The District proposes develop new rules as well as amend and repeal existing rules as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all water management districts (WMDs) to increase consistency in the consumptive use permitting (CUP). This necessitates addressing procedural rules. The changes will address the goals of the DEP and the WMDs in streamlining the permitting process and making the permitting process less confusing for applicants. Additional information about the statewide CUP consistency initiative and this rulemaking process is available at DEP's website at: http://www.dep.state.fl.us/water/waterpolicy/cupcon.htm.
Among other things, this rule development will cover the amendment, repeal, or development of rules as needed to accomplish CUP consistency goals, on the following subjects: (1) consumptive use permit criteria; (2) limiting conditions (permit conditions by rule); (3) permit thresholds; (4) permit types; (5) permit duration; (6) water conservation requirements; (7) modification of permits; (8) 10-year compliance reports; (9) compliance monitoring and forms; (10) application forms; (11) permit fees to address related changes to permit thresholds or permit types; (12) the District’s Water Use Permit Information Manual Part B, Basis of Review for Water Use Permit Applications; (13) procedural rules in Chapter 40D-1, F.A.C.; (14) water levels and rates of flows rules in Chapter 40D-8; (15) water shortage plan rules in Chapter 40D-21, F.A.C.; and (15) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas identified above.
Note: Members of the District’s Governing Board may attend the scheduled Rule Development Workshop.; August 22, 2013, 1:30 p.m.; SWFWMD, Tampa Service Office, Governing Board Meeting Room, 7601 US Highway 301 N, Tampa, FL 33637
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General discussion of policies and updating the board; Monday, July 29, 2013, 3:30 p.m – 5:00 p.m.; Enterprise Florida, Inc.
800 North Magnolia Avenue, Suite 1100
Orlando, FL 32803
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Joint Industrial and Public Supply Advisory Committee meeting: To discuss committee business. Governing Board Members may attend. 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.; Tuesday, August 13, 2013; 1 p.m.; SWFWMD Tampa Service Office, 7601 US Highway 301 North, Tampa FL 33637
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The District proposes develop new rules as well as amend and repeal existing rules as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all water management districts (WMDs) to increase consistency in the consumptive use permitting (CUP). This necessitates addressing procedural rules. The changes will address the goals of the DEP and the WMDs in streamlining the permitting process and making the permitting process less confusing for applicants. Additional information about the statewide CUP consistency initiative and this rulemaking process is available at DEP's website at: http://www.dep.state.fl.us/water/waterpolicy/cupcon.htm.
Among other things, this rule development will cover the amendment, repeal, or development of rules as needed to accomplish CUP consistency goals, on the following subjects: (1) consumptive use permit criteria; (2) limiting conditions (permit conditions by rule); (3) permit thresholds; (4) permit types; (5) permit duration; (6) water conservation requirements; (7) modification of permits; (8) 10-year compliance reports; (9) compliance monitoring and forms; (10) application forms; (11) permit fees to address related changes to permit thresholds or permit types; (12) the District’s Water Use Permit Information Manual Part B, Basis of Review for Water Use Permit Applications; (13) procedural rules in Chapter 40D-1, F.A.C.; (14) water levels and rates of flows rules in Chapter 40D-8; (15) water shortage plan rules in Chapter 40D-21, F.A.C.; and (15) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas identified above.
Note: Members of the District’s Governing Board may attend the scheduled Rule Development Workshop.; August 22, 2013, 1:30 p.m.; SWFWMD, Tampa Service Office, Governing Board Meeting Room, 7601 US Highway 301 N, Tampa, FL 33637
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To discuss regular Commission business.; August 8, 2013, 9:00 am; Daytona Beach Hilton, 100 North Atlantic Avenue, Daytona Beach, FL 32118
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The District proposes develop new rules as well as amend and repeal existing rules as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all water management districts (WMDs) to increase consistency in the consumptive use permitting (CUP). This necessitates addressing procedural rules. The changes will address the goals of the DEP and the WMDs in streamlining the permitting process and making the permitting process less confusing for applicants. Additional information about the statewide CUP consistency initiative and this rulemaking process is available at DEP's website at: http://www.dep.state.fl.us/water/waterpolicy/cupcon.htm.
Among other things, this rule development will cover the amendment, repeal, or development of rules as needed to accomplish CUP consistency goals, on the following subjects: (1) consumptive use permit criteria; (2) limiting conditions (permit conditions by rule); (3) permit thresholds; (4) permit types; (5) permit duration; (6) water conservation requirements; (7) modification of permits; (8) 10-year compliance reports; (9) compliance monitoring and forms; (10) application forms; (11) permit fees to address related changes to permit thresholds or permit types; (12) the District’s Water Use Permit Information Manual Part B, Basis of Review for Water Use Permit Applications; (13) procedural rules in Chapter 40D-1, F.A.C.; (14) water levels and rates of flows rules in Chapter 40D-8; (15) water shortage plan rules in Chapter 40D-21, F.A.C.; and (15) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas identified above.
Note: Members of the District’s Governing Board may attend the scheduled Rule Development Workshop.; August 22, 2013, 1:30 p.m.; SWFWMD, Tampa Service Office, Governing Board Meeting Room, 7601 US Highway 301 N, Tampa, FL 33637
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A system of fire protection and lifesafety support necessary for a public lodging establishment structure known as the Sadigo Court South Beach, 334 20th Street, Miami Beach, Florida.
Notice is hereby given that the hearing of the State Historical Task Force, as noticed in Vol. 39/ No. 140 of the Florida Administrative Register, to be held at the above listed date, time and place has been CANCELLED.
; July 26, 2013, 1:00 p.m. - 4:00 p.m. (CANCELLED); Mayor’s Conference Room, 4th Floor, Miami Beach City Hall, 1700 Convention Center Drive, Miami Beach, Florida.
- Notices of Petitions and Dispositions Regarding Declaratory Stat (8)
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inmate William Browning, DC# J36868; Inmate William Browning, DC# J36868 sought a Declaratory Statement regarding Chapter 33-602, Florida Administrative Code, as it pertains to what types of folders are permitted under the rules. Pursuant to section 120.81(3), Florida Statutes, the Department lacks the jurisdiction to issue a declaratory statement for inmates. As an inmate of the Florida Department of Corrections, William Browning, DC# J36868 is limited to participation in administrative proceedings under section 120.54(3)(c) or (7), Florida Statutes. See § 120.81(3)(a), Fla. Stat. (2012).
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inmate William Browning, DC# J36868; Inmate William Browning, DC# J36868 sought a Declaratory Statement regarding the purchase of toothbrushes, toothpaste, and soap for inmates in confinement and the timeframe for ordering and delivery of such items. Pursuant to section 120.81(3), Florida Statutes, the Department lacks the jurisdiction to issue a declaratory statement for inmates. As an inmate of the Florida Department of Corrections, William Browning, DC# J36868 is limited to participation in administrative proceedings under section 120.54(3)(c) or (7), Florida Statutes. See § 120.81(3)(a), Fla. Stat. (2012).
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inmate William Browning, DC# J36868; Inmate William Browning, DC# J36868 sought a Declaratory Statement regarding the amount of time an inmate has to appeal a finding of guilt by the disciplinary hearing team. Pursuant to section 120.81(3), Florida Statutes, the Department lacks the jurisdiction to issue a declaratory statement for inmates. As an inmate of the Florida Department of Corrections, William Browning, DC# J36868 is limited to participation in administrative proceedings under section 120.54(3)(c) or (7), Florida Statutes. See § 120.81(3)(a), Fla. Stat. (2012).
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Pece of Mind Environmental, Inc.; The petition was filed with the agency clerk on July 22, 2013, and asks whether under F.S. ch. 469, a building manager, unlicensed independent contractor, or separate unlicensed demolition contractor requires a license to schedule, coordinate, and compensate asbestos abatement work by a licensed asbestos abatement contractor.
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Telese B. McKay, Esq., In Re: Windward Bay, Inc., Docket No. 2013029787, filed on July 19, 2013.; Whether Windward Bay, Inc. or the unit owners are responsible for the maintenance of the units’ windows, doors, and screens under section 718.113, Florida Statutes.
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Horacio Gonzalez; The Notice of Petition for Declaratory Statement was published in Volume 39, No. 88, of the May 6, 2013, Florida Administrative Register.
The Board’s Order, filed on July 16, 2013, issues a declaratory statement that section 489.113(9), Florida Statutes, does not require a licensed engineer or architect, when preparing drawings, specifications, plans, or master design manuals for use by any licensed contractor; to prepare site-specific drawings, specifications, or plans for the design and construction of single-family and two family dwellings swimming pools, spas, or screened enclosures; or any other structure not exceeding 1,200 square feet or one story in height. The Board also stated that the square footage of a single-family or two-family dwelling is not limited.
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Sun Star Energy LLC; The Notice of Petition for Declaratory Statement was published in Volume 39, No. 106, of the May 31, 2013, Florida Administrative Register.
Petitioner appears to be requesting the Board’s interpretation of section 489.105(3)(m), Florida Statutes, as to whether a plumbing contractor can install the company's solar water heating system. The Board’s Order, filed on July 16, 2013, issues a declaratory statement that Sun Star Energy LLC can install a solar water heating system without a roofing contractor pursuant to section 489.105(3)(m).
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Patrick W. Reed; The Notice of Petition for Declaratory Statement was published in Volume 39, No. 106, of the May 31, 2013, Florida Administrative Register.
Petitioner appears to be requesting the Board’s interpretation of Section 489.105(3)(a), Florida Statutes, as to whether his general contractor’s license is sufficient to perform installation of wireless zwave technology routers, zwave thermostats, door locks and wireless zwave cameras that will allow absentee vacation home owners to monitor and regulate the status of their homes. He further states any work that involving high or low voltage line work would be subcontracted to a local licensed qualified vendor. The Board’s Order, filed on July 16, 2013, denied the Petition because the Petitioner has no standing and the petition was not in the correct form.