- Petitions and Dispositions Regarding Rule Variance or Waiver (6)
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that on June 30, 2014, the Department of Environmental Protection (Department) issued an order (File No. 0076455-033-VA) granting a renewal of a variance GAR-FM-CPB-VA, under section 378.212, Florida Statutes (F.S.), to Mosaic Fertilizer, LLC (Mosaic), Post Office Box 2000, Mulberry Florida 33860, from the provisions of subsection 378.209(1), F.S., and paragraph 62C-16.0051(11)(b), Florida Administrative Code, for the Fort Meade Mine in Polk County, Florida. The application included a request to revise the reclamation schedule for Condition No. 2 of Variance File No. 0076455-013. Unless mining is initiated by July 1, 2014, or unless a different schedule is approved by the Department, reclamation of parcels GAR-FM-SP7, GAR-FM-WC3, the 388.08 acres at USS-R-82(8), and CSA H-LP4 shall begin by July 1, 2019. Mosaic will also be required to post security equal to $8,962 per acre for 417.08 acres of mined out lands, and $5,601 for 725 acres of clay settling areas.
The files associated with this order and a copy of the order are available upon request. Please address your email request to MiningAndMitigation@dep.state.fl.us or contact our office at (850) 245-8336. Please include the file number in your request.
This determination is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., as provided below. If a sufficient petition for an administrative hearing is timely filed, this action automatically becomes only proposed agency action on the application, subject to the result of the administrative review process. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to redetermine final agency action on the application, the filing of a petition for an administrative hearing may result in granting the application.
Mediation is not available.
A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed (received by the clerk) in the: Office of General Counsel of the Department, 3900 Commonwealth Boulevard, Mail Station #35, Tallahassee, Florida 32399-3000.
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the: Office of General Counsel, Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.
If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.
In accordance with Section 378.212(3), F.S., petitions for an administrative hearing by the applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication.
The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that person’s right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S.
A petition that disputes the material facts on which the Department’s action is based must contain the following information: (a) the name and address of each agency affected and each agency’s file or identification number, if known; (b) the name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests are or will be affected by the agency determination; (c) a statement of when and how the petitioner received notice of the agency decision; (d) a statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) a concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action; (f) a statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) a statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action.
A petition that does not dispute the material facts on which the Department’s action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule 28-106.301, F.A.C. Under Sections 120.569(2)(c) and (d), F.S., a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed.
This determination constitutes an order of the Department. Subject to the provisions of Section 120.68(7)(a), F.S., which may require a remand for an administrative hearing, the applicant has the right to seek judicial review of the order under Section 120.68, F.S., by the filing of a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the: Clerk of the Department of Environmental Protection, Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399 3000; and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the order is filed with the Clerk of the Department.
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variance or waiver filed by Lois S. Plymale-Gregg, seeking a variance or waiver of Rule 61G1-13.001(1), Florida Administrative Code, which requires that applicants for initial licensure, pursuant to Section 481.209, F.S., or by endorsement, pursuant to Section 481.213(3)(a), F.S., complete the Intern Development Program (IDP) through the National Council of Architectural Registration Boards (NCARB).
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Kathryn J. Cark, seeking a variance or waiver of Rule 64B7-32.002, Florida Administrative Code. The Petitioner seeks a waiver from the Board regarding the proof of graduation from an approved massage school. The Board will address this petition at its next available scheduled meeting.
Comments on this petition should be filed with the Board of Massage Therapy, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3258, within 14 days of publication of this notice.
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Variance or Waiver of Rule 61J2-24.003, F.A.C., from Richard R. Green. Petitioner is seeking a variance of Rule 61J2-24.003, F.A.C., classifying his violation of Section 475.25(1)(m) and (e), Florida Statutes, and Rule 61J2-2.027(2), F.A.C., to be a minor violation and allowing the violation to be reclassified as inactive. Comments on this petition should be filed with the Division of Real Estate at the address below within 14 days of publication of this notice.
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variance or waiver filed by Eric Ziegler. The petitioner is seeking a variance or waiver of Rule 61G4-16.005, F.A.C., which requires for the purpose of certification, a passing grade shall be valid only for a period of four (4) years from the date the list of successful candidates is approved by the Board.
Comments on this petition should be filed with Construction Industry Licensing Board, Northwood Center, 1940 North Monroe Street, Tallahassee, FL 32399, within 14 days of publication of this notice.
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variance or waiver filed by Lois S. Plymale-Gregg. The petition has been amended from the one filed on July 30, 2014. The petitioner is seeking a permanent variance or waiver of Rule 61G1-13.001(1), Florida Administrative Code, which requires that applicants for initial licensure, pursuant to Section 481.209, F.S., or by endorsement, pursuant to Section 481.213(3)(a), F.S., complete the Intern Development Program (IDP) through the National Council of Architectural Registration Boards (NCARB).
- Notices of Meetings, Workshops and Public Hearings (28)
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Regular scheduled meeting of the Governor and Cabinet to act on all executive branch matters provided by law and to act on any agendas submitted for their consideration. The Governor and Cabinet will proceed through each agenda, item by item.
The State Board of Administration will take action on matters duly presented on its agenda, which may include such matters as Executive Director’s reports; approval of fiscal sufficiency of state bond issues; approval of sale of local bonds at an interest rate in excess of statutory interest rate limitation; reports on investment performance; designation of banks as depositories for state funds; adoption of rules and regulations; investment of state funds pursuant to Chapter 215, F.S.; and consideration of other matters within its authority pursuant to Chapters 215 and 344, F.S., and Section 16 of Article IX of the Florida Constitution of 1885, as continued by subsection 9(c) of Article XII of the Florida Constitution of 1968.
The Division of Bond Finance of the State Board of Administration will take action on matters duly presented on its agenda, which will deal with the issuance of State bonds, arbitrage compliance and related matters.
The Financial Services Commission will take action on matters duly presented on its agenda which may include, but not be limited to; matters relating to rulemaking for all activities of the Office of Insurance Regulation concerning insurers and other risk bearing entities, including licensing, rates, policy forms, market conduct, claims, adjusters, issuance of certificates of authority, solvency, viatical settlements, premium financing, and administrative supervision, as provided under the Insurance Code or Chapter 636, F.S., and matters related to rulemaking for all activities of the Office of Financial Regulation relating to the regulation of banks, credit unions, other financial institutions, finance companies, retail installment sales providers, title loan lenders, collection agencies, mortgage brokers, mortgage lenders, certified capital companies, money services businesses, and the securities industry.
The Agency for Enterprise Information Technology will take action on matters duly presented on its agenda which may include, but not be limited to, the presentation and approval of the Agency’s Annual Operational Work Plan as well as matters relating to rulemaking for all activities of the Agency.
The Department of Veterans’ Affairs will take action on matters duly presented on its agenda which may include the administration of the Department as well as actions taken to further the Department’s mission of providing assistance to veterans and their dependents, pursuant to Section 292.05, F.S.
The Department of Highway Safety and Motor Vehicles will take action on matters duly presented on its agenda, which may include such matters as approval of agency policies, taking agency action with regard to administrative procedure matters, and considering other matters within its authority pursuant to Florida Statutes.
The Department of Law Enforcement will take action on matters duly presented on its agenda which may include but not be limited to such matters as transfer of agency funds or positions, formulation of Departmental Rules, administrative procedure matters, submittal of reports as required, enter into contracts as authorized and to consider other matters within its authority pursuant to Chapters 20, 23, 120 and 943, F.S.
The Department of Revenue will act on matters duly presented on its agenda which may include approval of rules, legislative concept proposals, contracts over $100,000, Departmental budgets, administrative procedure matters, and consideration of other matters within its authority.
The Administration Commission will take action on matters duly presented on its agenda which may include such matters as to create or transfer agency funds or positions, approve Career Service rules, administrative procedure matters, environmental matters arising under Chapter 380, F.S., comprehensive planning issues pursuant to Section 163.3184, F.S., determine sheriffs’ budget matters, and consider other matters within its authority pursuant to various statutes including Chapters 110, 215 and 216, F.S.
The Florida Land and Water Adjudicatory Commission will take action on matters duly presented on its agenda including appeals of local government development orders in areas of critical state concern or of developments of regional impact under Section 380.07, F.S.; and review of water management matters under Chapter 373, F.S. The Commission will also review Department of Environmental Protection’s rules and orders which, prior to July 1, 1993, the Governor and Cabinet, sitting as the head of the Department of Natural Resources, had authority to issue or promulgate.
The Board of Trustees of the Internal Improvement Trust Fund will take action on matters for which it is responsible pursuant to law (including duties pursuant to Title 18 of the Florida Statutes and Title 18 of the Florida Administrative Code) and that are duly presented on its agenda, which may include such matters as aquacultural issues as presented by the Division of Aquaculture in the Department of Agriculture and Consumer Services; mineral leases or sales; state or sovereign land leases, sales, exchanges, dedications, and easements; conservation and preservation lands and other land purchases; land planning matters and other matters within its authority.
The Department of Environmental Protection will present for consideration those matters required by law to be reviewed by the Governor and Cabinet, sitting as the Siting Board, which may include, but are not limited to siting of power plants and electric and natural gas transmission lines.
; August 19, 2014, 9:00 a.m.; Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida
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This is a meeting of the board to discuss general business.; Thursday, August 14, 2014, 5:00 p.m.; Ocala/Marion County Chamber & Economic Partnership Building, 310 SE Third Street, Ocala, Florida, 34471
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The regular monthly meeting of SWFRPC board.; Thursday, August 14, 2014 at 9:00 a.m.; Southwest Florida Regional Planning Council - 1st floor conference room at 1926 Victoria Avenue in Fort Myers
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To review grant applications for the 2015-2016 Multidisciplinary Level 3 and Project grants under the General Program Support and Specific Cultural Project Grant Programs.; August 27, 2014 at 9:00am; This meeting will be held via teleconference. Please visit http://www.florida-arts.org/documents/panels/teleconference.instructions.cfm for more instructions.
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To review grant applications for the 2015-2016 Dance Level 3 grants under the General Program Support and Specific Cultural Project Grant Programs.; August 29, 2014 at 9:00am; This meeting will be held via teleconference. Please visit http://www.florida-arts.org/documents/panels/teleconference.instructions.cfm for more instructions.
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Items of discussion include, but are not limited to, business before the committee.; Monday, August 18, 2014, 10:00am; Dial In: 1-866-361-7525; Conf ID: 7849939192
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The WRPC Board of Directors will meet to conduct the regular business of the Council, including the annual budget.; WRPC Board of Directors, Thursday, August 21, 2014, 7:00 p.m.; Withlacoochee Regional Planning Council, 1241 S. W. 10th Street, Ocala, FL 34471-0323
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Governing Board to discuss and consider District business, including regulatory and non-regulatory matters, and the Governing Board to consider a budget amendment to recognize revenue sources in the District’s Fiscal Year 2013-2014 budget for the Self Insurance programs. The proposed budget amendment is contingent upon approval by the Executive Office of the Governor and will increase the South Florida Water Management District’s Fiscal Year 2013-2014 budget by $1.3 million.; August 14, 2014, 9:00 AM
Governing Board Meeting; SFWMD Headquarters, B-1 Building, 3301 Gun Club Road,
West Palm Beach, Florida 33406
All or part of the meeting may be conducted as a teleconference in order to permit maximum participation by Governing Board members. The Governing Board may take official action at the meeting on any item appearing on the agenda and on any item that is added to the agenda as a result of a change to the agenda approved by the presiding officer of the meeting pursuant to Section 120.525, Florida Statutes.
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The August 20, 2014 WRWSA Board meeting has been cancelled. The next regular WRWSA meeting will be held on Wednesday, September 17, 2014, at 3:30 p.m. at the Lecanto Government Building, Room 166, 3600 W. Sovereign Path, Lecanto, Florida.; Cancellation of the Board meeting scheduled for Wednesday, August 20, 2014.; Lecanto Government Building, Room 166, 3600 W. Sovereign Path, Lecanto, Florida.
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Scheduled meeting of the Elder Options Board of Directors. The Board will take action on matters to be determined by the members of the Board, which may include matters such as the Executive Director’s Report. The Board will also review and discuss applications received by Elder Options from local service provider organizations to provide Older Americans Act services for the program period January 1, 2015, through December 31, 2015. Based upon its deliberations, the Board will take formal action to fund or withhold funding of each of the respective applications. The Board will authorize contract awards for those applications that it has taken formal action to fund.; September 3, 2014, 10:00 a.m.; Elder Options, 100 SW 75th Street, Suite 301, Gainesville, Florida 32607
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general business of the corporation.; August 26, 2014 at 10am or soon thereafter; Florida Board of Professional Engineers
2639 North Monroe St.
Building B-112
Tallahassee, FL 32303
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Discussion of the proposed minimum and guidance levels for Starvation Lake in Hillsborough County, FL. The agenda will be made available to the general public at least one week prior to the workshop online at http://www.swfwmd.state.fl.us/calendar.calendar.php.; Wednesday, August 27, 2014, 6:30 pm to 8:00 pm; Jimmy B. Keel Regional Library, 2902 W. Bearss Ave., Tampa, FL 33618
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To consider and provide recommendations to the Commission regarding requests for waivers (as listed below) and other business for the Commission in accordance with the Council’s agenda.
1. Kappa Delta Sorority House, 555 West Jefferson Street, Tallahassee
2. Epic Theatres, Lot Adjacent to HH Gregg, 8380 Merchants Way, Jacksonville
3. The Temple House, 1415 Euclid Avenue, Miami Beach
4. Alpha Gamma Delta Porch Enclosure, 517 West Park Avenue, Tallahassee
5. Venezia Hotel, 3865 Indian Creek Drive, Miami Beach
6. Honda of Port Charlotte, 1252 Tamiami Trail, Port Charlotte
7. Ave Maria University Press Box, 4811 Kelleher Street, Ave Maria
8. Collins Park Hotel, 2000 Park Avenue and 2035 Washington Avenue, Miami Beach
9. DeVine Wine and Grill, 15 Alafaya Woods Boulevard, Suite 117, Oviedo
10. Polk State College Center for Public Safety, 1251 Jim Keene Boulevard, Winter Haven
; August 11, 2:00 p.m. until completion; Meeting to be conducted using communications media technology, specifically teleconference and webinar. Please note that the teleconference number is required for the audio portion of the meeting only and the webinar for visual only.
To join the online meeting (now from mobile devices):
1. Go to https://suncom.webex.com/suncom/j.php?ED=287245342&UID=492507407&RT=MiMxMQ%3D%3D
2. If requested, enter your name and email address.
3. If a password is required, enter the meeting password: (This meeting does not require a password.)
4. Click "Join".
5. When prompted, click "I will call in", this will give you the number and access code to use.
Then
Call-in toll-free number: 1-888-670-3525 (US)
Attendee access code: 606 232 6940
Please enter the id number provided by the system when you login, example " * 1 2345# "
This will identify you as the caller on the webinar system
Public point of access: Florida Building Commission, Office of Codes and Standards, Department of Business and Professional Regulation, Suite 90A, 1940 North Monroe Street, Tallahassee, Florida.
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to monitor the operations of the Florida Board of Professional Engineers and the Florida Engineers Management Corporation and other 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.; September 5, 2014 at 10am or soon thereafter; Florida Board of Professional Engineers
2639 North Monroe St.
Building B-112
Tallahassee, FL 32303
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General business of the Council.; August 29 , 2014, at approximately 10:00 a.m., EST; Meet Me Number: (888) 670-3525; Participant Passcode: 1413486382;
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Springs Coast Management Committee: Discussion on summary of policy committee direction, meeting schedule, background information on Rainbow River and background information on Kings Bay.; Wednesday, August 20, 2014; 2 p.m. ; SWFWMD Headquarters, 2379 Broad Street, Brooksville, FL 34604
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General Board Business; August 22, 2014, 8:30 a.m.; Hyatt Regency Orlando, 9801 International Dr., Orlando, Florida 32819, (407)284-1234
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Board Meeting; September 3, 2014; 3651 FAU Blvd., Suite 400
Boca Raton, FL 33431
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For cases previously heard by the panel.; August 11, 2014, 10:00 a.m., EST; Department of Health, Tallahassee at Meet Me number: 1(888)670-3525, code: 6126445695
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This is the Final Public Hearing on the adoption of proposed amendments to this rule, originally published on May 19, 2014, Vol. 40, No. 97, Florida Administrative Register and revised in subsequent Notices of Change.; August 19, 2014, 9:00 a.m., during a regular meeting of the Financial Services Commission.; Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida.
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This is the Final Public Hearing on the adoption of proposed amendments to 69W-200.001 and adoption of proposed new rule 69W-200.002, originally published on May 19, 2014, Vol. 40, No. 97, Florida Administrative Register and revised in subsequent Notices of Change.; August 19, 2014, 9:00 a.m., during a regular meeting of the Financial Services Commission.; Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida.
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This is the Final Public Hearing on the adoption of proposed amendments to this rule, originally published on May 19, 2014, Vol. 40, No. 97, Florida Administrative Register and revised in subsequent Notices of Change.; August 19, 2014, 9:00 a.m., during a regular meeting of the Financial Services Commission.; Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida.
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This is the Final Public Hearing on the adoption of proposed amendments to these rules, originally published on May 19, 2014, Vol. 40, No. 97, Florida Administrative Register and revised in subsequent Notices of Change.; August 19, 2014, 9:00 a.m., during a regular meeting of the Financial Services Commission.; Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida.
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This is the Final Public Hearing on the adoption of proposed amendments to these rules, originally published on May 19, 2014, Vol. 40, No. 97, Florida Administrative Register and revised in subsequent Notices of Change.; August 19, 2014, 9:00 a.m., during a regular meeting of the Financial Services Commission.; Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida.
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Docket No. 140025-EI – Application for rate increase by Florida Public Utilities Company.
The purpose of the meeting is to give customers and other interested persons an opportunity to offer comments regarding the quality of service the utility provides, the proposed rate increase, and to ask questions and comment on other issues. One or more of the Commissioners of the Florida Public Service Commission may attend and participate in this meeting.
; Tuesday, August 19, 2014, 5:00 p.m. (Central time)
Jackson County Agriculture Conference Center
2740 Pennsylvania Avenue
Marianna, Florida 32448
; Wednesday, August 20, 2014, 5:00 p.m. (Eastern time)
Atlantic Recreation Center Auditorium
2500 Atlantic Avenue
Fernandina Beach, Florida 32034
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This is the Final Public Hearing on the adoption of proposed amendments to these rules, originally published on May 19, 2014, Vol. 40, No. 97, Florida Administrative Register and revised in subsequent Notices of Change.; August 19, 2014, 9:00 a.m., during a regular meeting of the Financial Services Commission.; Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida.
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This is the Final Public Hearing on the adoption of proposed amendments to this rule, originally published on May 19, 2014, Vol. 40, No. 97, Florida Administrative Register and revised in subsequent Notices of Change.; August 19, 2014, 9:00 a.m., during a regular meeting of the Financial Services Commission.; Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida.
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This is the Final Public Hearing on the adoption of proposed amendments to this rule, originally published on May 19, 2014, Vol. 40, No. 97, Florida Administrative Register and revised in subsequent Notices of Change.; August 19, 2014, 9:00 a.m., during a regular meeting of the Financial Services Commission.; Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida.
- Notices of Petitions and Dispositions Regarding Declaratory Stat (2)
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David Cash, Polk County Fire Chief on July 28, 2014.; The Petition seeks an official determination of whether a barn or similar structure has to meet the requirements of the Florida Fire Prevention Code.
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Goldstein Schechter Koch, Certified Public Accountants and Consultants, filed on July 30, 2014.; The petition seeks the Board’s interpretation of Rules 61H1-24.001 and 61H1-26.001, F.A.C., regarding whether the use of one name, logo, and letterhead by an accounting firm, investment advisory services firm, and insurance advisory services firm violates any provision of Section 473.321, F.S. and Rules 61H1-24.001 and 61H1-26.001, F.A.C.
Except for good cause shown, motions for leave to intervene must be filed within 21 days after publication of this notice.