- Petitions and Dispositions Regarding Rule Variance or Waiver (8)
-
waiver from the requirements to receive a Drinking Water Treatment Plant Operator Class C license for Jimmie L. Wilcox. The petition requested a waiver from paragraph 62-602.300(2)(d), F.A.C., which requires that an applicant apply for a license within four years of receiving a passing grade on the Operator Certification Examination. The petition has been assigned OGC File No. 14-0369.
-
of the issuance of an Order regarding the Petition for Waiver or Variance, which was filed on April 10, 2014, by Elizabeth Fuentes-Martinez, M.S.Ed. The Notice of Petition for Waiver or Variance was published in Volume 40, Number 90, of the May 8, 2014, Florida Administrative Register. The Petitioner was seeking a waiver or variance of Rule 64B4-31.007(2)(a), Florida Administrative Code, entitled, ‘Definition of a “Licensed Mental Health Counselor or the Equivalent, Who Is a Qualified Supervisor,” which requires that qualified supervisors who provide supervision in Florida for interns and trainees must meet the equivalency standards of subsection (1) and have completed five (5) years of clinical experience, two (2) years of which can be earned during a post-masters clinical internship with the remaining three (3) years of experience earned post-licensure. The Board considered the instant Petition at a duly-noticed meeting, held April 24-25, 2014, in Tampa, Florida.
The Board’s Order, filed on May 28, 2014, denied the petition finding that Petitioner had failed to establish that the purpose of the underlying statute would be met by granting a variance or waiver from Rule 64B4-31.007(2)(a), F.A.C. The Board further finds that Petitioner failed to establish that applying the requirements of the aforementioned Rule to her circumstances would violate principles of fairness and impose substantial hardship.
-
of the issuance of an Order regarding the Petition for Waiver or Variance, which was filed on February 28, 2014, by Lauren Shure, Ph.D, LMHC. The Notice of Petition for Waiver or Variance was published in Volume 40, Number 90, of the May 8, 2014, Florida Administrative Register. The Petitioner was seeking a waiver or variance of Rule 64B4-31.007(2), Florida Administrative Code, entitled, ‘Definition of a “Licensed Mental Health Counselor or the Equivalent, Who Is a Qualified Supervisor,” which requires that qualified supervisors who provide supervision in Florida for interns and trainees must meet the equivalency standards of subsection (1) and have completed five (5) years of clinical experience, two (2) years of which can be earned during a post-masters clinical internship with the remaining three (3) years of experience earned post-licensure. The Board considered the instant Petition at a duly-noticed meeting, held April 24-25, 2014, in Tampa, Florida.
The Board’s Order, filed on May 28, 2014, denied the petition finding that Petitioner had failed to establish that the purpose of the underlying statute would be met by granting a variance or waiver from Rule 64B4-31.007(2), F.A.C. The Board further finds that Petitioner failed to establish that applying the requirements of the aforementioned Rule to her circumstances would violate principles of fairness and impose substantial hardship.
-
of the issuance of an Order regarding the Petition for Waiver or Variance, which was filed on January 13, 2014, by Matthew Brian Chandler. The Notice of Petition for Waiver or Variance was published in Volume 40, Number 56, of the March 21, 2014, Florida Administrative Register. The Petitioner was seeking a waiver or variance of Rule 64B3-5.003(3)(a), Option 3, Florida Administrative Code, entitled “Technologist,” which sets forth the education, training/experience and examination requirements for a specialty licensure as a medical technologist. The Board considered the instant Petition at a duly-noticed telephonic meeting, held on March 11, 2014.
The Board’s Order, filed on April 16, 2014, denied the petition finding that Petitioner had failed to establish that the purpose of the underlying statute would be met by granting a variance or waiver from Rule 64B3-5.003(3)(a) Option 3, F.A.C. The Board further finds that Petitioner failed to establish that applying the requirements of the aforementioned rule to his circumstances would violate principles of fairness and impose substantial hardship.
-
of the issuance of an Order regarding the Petition for Waiver or Variance, which was filed on December 31, 2013, by Britt Johnson, Ph.D., FACMG. The Notice of Petition for Waiver or Variance was published in Volume 40, Number 56, of the March 21, 2014, Florida Administrative Register. The Petitioner was seeking a waiver or variance of Rule 64B3-5.007(2)(h), Florida Administrative Code, entitled, “Director; Limitations and Qualifications” which sets forth the education, training/experience and certification requirements for licensure as a director in the specialty of Clinical Chemistry. The Board considered the instant Petition at a duly-noticed telephonic meeting, held on March 11, 2014.
The Board’s Order, filed on April 16, 2014, denied the petition finding that Petitioner had failed to establish that the purpose of the underlying statute would be met by granting a variance or waiver from Rule 64B3-5.007(2)(h), F.A.C. The Board further finds that Petitioner failed to establish that applying the requirements of the aforementioned rule to his circumstances would violate principles of fairness and impose substantial hardship.
-
waiver of rule 65C-15.017(3), Florida Administrative Code, from Gulf Coast Jewish & Community Services and Kimani Smith. Rule 65C-15.017(3), F.A.C., states Agency staff responsible for performing casework services shall have a bachelor’s or master’s degree in social work or related area of study from an accredited college or university is required.
-
On July 11, 2014 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 61C-4.010(7) Florida Administrative Code and Paragraph 61C-4.010(6), Florida Administrative Code from Sage Events located in Naples. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom be provided for use by customers. They are requesting to share the bathrooms located within an adjacent establishment for use by customers only.
The Petition for this variance was published in Vol. 40/137 on July 16, 2014. The Order for this Petition was signed and approved on July 24, 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 bathrooms located within So Flo Speed Shop are maintained in a clean and sanitary manner and are provided with cold running water under pressure, soap, approved hand drying devices, and are available during all hours of operation. The Petitioner shall also ensure directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the ownership of So Flo Speed Shop (Brian Ohlis) changes, an updated signed agreement for use of the bathroom facilities is required immediately.
-
On July 30, 2014 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from St. Augustine Government House, filed June 30, 2014, and advertised on July 3, 2014 in Vol. 40, No. 129, 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 2.2.2.5 ASME A17.1b, 2009 edition, as adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires upgrading the elevators sump pump 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 (VW2014-228).
- Notices of Meetings, Workshops and Public Hearings (10)
-
General Business Meeting; August 14, 2014, 8:00 a.m.; Central Florida Research Park
12424 Research Parkway, Suite 100
Orlando, FL 32826
-
The Florida Department of Transportation (FDOT) is holding a public hearing regarding access management improvements at the intersection of Aloma Avenue (State Road 426) and Coachlight Way in Orange County. The access management improvements are part of a larger intersection operational improvement at Semoran Boulevard (State Road 436) and Aloma Avenue. The improvements at Semoran Boulevard and Aloma Avenue involve removing the outside thru lane in each direction along Aloma Avenue (that merges immediately after the intersection) and modifying the existing curb in the southeast, northeast, and northwest quadrants of the intersection. These modifications will reduce the size of the intersection and enhance safety by improving pedestrian visibility and reducing pedestrian crossing time. Additional improvements include converting the existing full median opening at Aloma Avenue and Coachlight Way to an east-west directional median opening to improve safety and replacing the existing traffic signal strain poles with four new mast arms and pedestrian signals. The project is funded for construction in 2015.
The hearing will be held Thursday, August 7, 2014, at the Redeemer Lutheran Church, 3377 Aloma Avenue, Winter Park, FL 32792. It begins with an open house at 5:30 p.m., where participants may review project documents and discuss the project with staff. There will be a brief presentation at 6:30 p.m., after which participants may provide comments to all present. The hearing ends at 7:30 p.m. Participants may also provide public comment directly to a court reporter at any time during the hearing. Written comments can be submitted at this hearing, by mail to Ms. Laura Clark, Public Involvement Coordinator, Inwood Consulting Engineers, 3000 Dovera Drive, Suite 200, Oviedo, Florida 32765 or by e-mail at lclark@inwoodinc.com no later than Monday, August 18, 2014. All comments, written and oral, will become part of the project’s public record.
; August 7, 2014, 5:30 pm; Redeemer Lutheran Church
3377 Aloma Avenue
Winter Park, FL 32792
-
To consider those matters ready for decision.
LEGAL AUTHORITY AND JURISDICTION: Chapters 120, 350, 364, 366, and 367, F.S.
Persons who may be affected by Commission action on certain items on the conference agenda may be allowed to address the Commission, either informally or by oral argument, when those items are taken up for discussion at the conference, pursuant to Rules 25 22.0021 and 25 22.0022, F.A.C.
The Florida Public Service Commission Conference’s Notice, Agenda, related documents, and contact information may be obtained from www.floridapsc.com. Persons needing ADA accommodation to participate should contact the FPSC at least five days prior to the conference via 1-800-955-8770 (Voice) or 1-800-955-8771 (TDD) Florida Relay Service.
*Changes to this notice will be published at the earliest practicable time on the Commission’s Web site.
; July 12, 2014, at 9:30 a.m.
; Betty Easley Conference Center, 4075 Esplanade Way, Room 148, Tallahassee, Florida
-
General operational duties and funding status of the Center for Nursing as required in our by-laws.; Friday, August 8, 2014, 3:00pm; Dial-in: 1-888-670-3525
Participant Code: 3556346349#
-
general business of the committee. If you would like to participate in the call, please contact Rebecca Sammons at 850.521.0500 ext. 114 at least 48 hours prior to the date of the meeting. The call in number is 888-392-4560 (you will need to contact Ms. Sammons for the participant code).; August 15, 2014 at 9am or soon thereafter; Florida Board of Professional Engineers
2639 North Monroe St.
Building B-112
Tallahassee, FL 32303
-
General Business Meeting; Notice of Change – Please note the General Business Meeting has been rescheduled to take place via conference call and will begin at approximately 9:00 a.m. E.S.T. or soon thereafter.; Notice of Change: Conference Call: The General Business Meeting number is 1 (888) 670-3525. After dialing the meet me number, when prompted, insert the participant code 4389078941 followed by the # sign in order to join the meeting.
-
Southern Water Use Caution Area (SWUCA) Most Impacted Area (MIA) Stakeholder Workgroup Meeting. Discussion is focused on how to meet the minimum level set for the Upper Floridan aquifer to reduce the rate of saltwater intrusion. 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, August 18, 2014; 10 a.m.; Sarasota Service Office, 6750 Fruitville Road, Sarasota, FL 34240
-
General board and business meeting.; September 3, 2014, 8:00 a.m.; Bohemian Hotel, Celebration, 700 Bloom Street, Celebration, FL 34747; (407) 566-6000.
-
District business; August 14, 2014, 1:00 p.m.; District Headquarters
-
The Florida Department of Economic Opportunity announces its annual Small Cities Community Development Block Grant (CDBG) Subgrant Implementation Training in August for representatives of communities that are receiving Federal Fiscal Year (FFY) 2013 funding.
The three-day training will cover the following topics: subgrant requirements; fair housing, equal employment, Section 504/Americans with Disabilities Act, and Section 3 regulations; procuring professional services and construction contracts; requesting wage decisions and enforcing labor standards; performing the environmental review; handling conflicts of interest and citizen complaints; regulations related to acquisition; financial management requirements; requesting modifications; maintaining records; filling out reimbursement requests; filing audits and other reports; on-site monitoring; and requesting administrative closeout. The training will include hands-on exercises.; August 19-21, 2014, 8:30 a.m.; Courtyard by Marriott Ocala, 3712 SW 38th Avenue, Ocala, Florida
- Notices of Petitions and Dispositions Regarding Declaratory Stat (5)
-
One2GlobalCorp; The Notice of Petition for Declaratory Statement was published in Volume 40 No. 31, of the February 2, 2014, Florida Administrative Register. The Board considered the Petition at a duly-noticed public meeting held on March 7, 2014. The petition was seeking the Board’s interpretation of Chapter 48.382(1), (8), Section 468.383(8), and Section 468.385(2), Florida Statutes, and whether providing services by the Petitioner both together and separate, for the remarketing of a Canadian technological company’s proprietary software and technology for the Franchised motor vehicle dealers, that is run in Canada, only through the internet and with servers in Canada, where the franchised dealer will execute a direct selling contract with the buyer, receive payment from the buyer and deliver the vehicle to the buyer, classified as an auction for the Petitioner both together or separate, for these services.
The Board’s Order, filed on July 3, 2014, Based on the facts set forth in the Petition and the sworn testimony provided by the Board and being otherwise advised in the premises, the Board responds to this Petition in the negative. The Board solely addresses the question propounded by the Petitioner. The Board’s conclusion is based solely on the Board’s application of the narrow factual circumstances outlined in the Petition to the pertinent statutory provisions set forth in the Petition. The Petitioner soliciting (directly or through and Overseas Company) Franchised Dealer’s subscription and use of LAG’s software interface for selling new and used cars to the public over the internet would not be the conduct of “Auction business” requiring licensure and would not be otherwise violative of Section 438.385(2), (8), Section 468.383(8), and Section 468.385(2), Florida Statutes.
The petition submitted is applicable to one person rather than to all licensees similarly
-
Patricia Sadler, In Re: Laurelwood Condominium I Association, Inc., Docket No. 2014030476, filed on July 22, 2014.; Whether current members of the Board of Directors for Laurelwood Condominium Association, Inc. must step down from their positions before other members of the Laurelwood community may run for positions on the Board of Directors under section 718.112(2)(d)(2), Florida Statutes.
-
Ashley Hoyt; The Notice of Petition for Declaratory Statement was published in Volume 40, No. 93, of the May 13, 2014, Florida Administrative Register. The petition seeks a declaratory statement from the Board as to whether it is within the scope of 64B1-4.012, Florida Administrative Code, for an AIT certified licensed acupuncturist to inject Botox into acupoints on the human body. The Board’s Order, filed on July 10, 2014, states that at the duly-noticed meeting on June 13, 2014, the Petitioner withdrew her petition.
-
the Office of Public Counsel; The agency denied the petition for declaratory statement for failure to meet the statutory requirements for issuance of a declaratory statement.
Final Order No. PSC-14-0392-DS-PU was issued and filed on July 30, 2014, in Docket No. 140107-OT.
-
Joseph Master & Company, LLP, filed on July 25, 2014.; The petition seeks the Board’s interpretation of Rule 61H1-26.001, F.A.C., regarding whether changing the name of the CPA firm to “Florida Wealth Counseling, LLP” would be misleading or deceptive as to the legal form of the firm as to persons who are partners, or shareholders of the firm or as to any other matter.
Except for good cause shown, motions for leave to intervene must be filed within 21 days after publication of this notice.