- Notices of Development of Proposed Rules and Negotiated Rulemaking (5)
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The purpose of this rule development is to clarify that the special diploma or special certificate of completion forms are only applicable for students with disabilies who entered grade nine prior to the 2014-2015 school year. This will conform the rule to section 1003.4282, F.S., that was amended during the 2014 legislative session.
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The purpose of this rule development is to ensure that procedures, content and practices for developing the individualized family support plan (IFSP) for children with disabilities, birth through five years of age conform to the Individuals with Disabilities Education Act (IDEA) Part C requirements of the Department of Health Early Steps program. The Department of Health is the lead agency for early intervention services provided to infants and toddlers with disabilities through Part C of IDEA. School districts may use an IFSP in lieu of an individual educational plan (IEP). The effect will be a rule that aligns with the policies of the Department of Health.
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The purpose and effect of the proposed rule is to renumber and update Forms DC2-808A, DC2-808B, and DC2-808C, to add hyperlinks to the forms, and to amend referencing rules to incorporate the changes to the forms.
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The purpose of the amended rule is to provide guidance to interested taxpayers for the application process, review, and administration of the Florida Renewable Energy Technology Sales Tax Refund, the Florida Renewable Energy Technology Investment Tax Credit, and the Florida Renewable Energy Production Credit.
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The purpose of this Rule is to establish the compliance procedures by which Florida Housing or any duly authorized representative of Florida Housing shall be permitted at any reasonable time to inspect and monitor developments and tenant records and facilities.
- Notices of Changes, Corrections and Withdrawals (3)
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Pesticide Registration; Exemptions from Registration; Experimental Use Permits
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Definitions, Purpose, Plant Pest Declaration, Manuals, Forms, Citrus Budwood Technical Advisory Committee, Citrus Nursery Stock Certification Program, Requirements for Citrus Nursery Site Approval, Requirements for Citrus Nursery Sanitation, Requirements for Citrus Nursery Structure, Requirements for Citrus Propagation, Source Trees, Parent Trees, Foundation Trees, Scion Trees, Increase Trees, Source Tree Registration Certificate, Procedure for Identifying and Recording Commercial Citrus Nursery Stock, Inter- or Intra-Nursery Movement of Plant Material, Retail Sales, Requirements for Soil Pit Approval, Requirements for Utility and Road Construction, Stop-Sale Notice or Hold Order (DACS-08016), Release from Quarantine or Withdrawal of Stop-Sale Notice or Hold Order (DACS-08016), Fees, Citrus Produced for Research Purposes, Exemptions, Citrus Seed, Micropropagation of Citrus Rootstocks and Plants
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Requirements for Programs and Courses Which are Funded Through the Florida Education Finance Program and for Which the Student May Earn Credit Toward High School Graduation
- Petitions and Dispositions Regarding Rule Variance or Waiver (9)
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Tropic Sun Towers. 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 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 (VW2014-349).
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On September 24, 2014 the Division issued an order. The Final Order was in response to a Petition for a Variance from University Park, filed September 3, 2014, and advertised on September 5, 2014 in Vol. 40, No. 173, 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 2.20.4, 2.18.5.1, and 2.24.2.1 ASME A17.1b, 2009 edition, as adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires the use of a 9.5 mm steel rope and requirement of a metallic sheave 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 (VW2014-321).
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On September 24, 2014 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from Residence at Blue Water Bay, filed September 15, 2014, and advertised on September 16, 2014 in Vol. 40, No. 180, 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 2.20.4, 2.18.5.1, and 2.24.2.1 ASME A17.1b, 2009 edition, as adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires the use of a 9.5 mm steel rope and requirement of a metallic sheave 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 (VW2014-336).
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On September 24, 2014 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from Trinity Lutheran, filed September 8, 2014, and advertised on September 16, 2014 in Vol. 40, No. 180, 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 2.20.4, 2.18.5.1 and 8.11.2.1.3(cc)(1) & (3)ASME A17.1b, 2009 edition, as adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires steel ropes of a minimum diameter of 9.5 mm 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 (VW2014-330).
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On September 24, 2014 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from Peace River Water Facility, filed September 9, 2014, and advertised on September 16, 2014 in Vol. 40, No. 180, 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 2.20.4, 2.18.5.1 and 8.11.2.1.3(cc)(1) & (3)ASME A17.1b, 2009 edition, as adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires steel ropes of a minimum diameter of 9.5 mm 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 (VW2014-333).
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On September 24, 2014 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from Naples Beach Hotel, filed September 15, 2014, and advertised on September 16, 2014 in Vol. 40, No. 180, 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 2.20.4, 2.18.5.1 and 8.11.2.1.3(cc)(1) & (3) ASME A17.1b, 2009 edition, as adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires steel ropes of a minimum diameter of 9.5 mm 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 (VW2014-337).
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On September 24, 2014 the Division issued an order. The Final Order was in response to a Petition for an emergency temporary Variance from Mercantile Bank Plaza, filed September 15, 2014, and advertised on September 16, 2014 in Vol. 40, No. 180, 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 3.11.3 ASME A17.1b, 2009 edition, as adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires upgrading the elevators with firefighters’ emergency operations 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 (VW2014-338).
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On September 24, 2014 the Division issued an order. The Final Order was in response to a Petition for an emergency temporary Variance from The Beach Condo, filed September 8, 2014, and advertised on September 16, 2014 in Vol. 40, No. 180, 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 3.11.3 and 3.11.1 ASME A17.3, 1996 edition, as adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires upgrading the elevators with firefighters’ emergency operations and car emergency signaling devices 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 (VW2014-331).
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On September 24, 2014, the Department issued a Final Order that was in response to a Petition for Variance from Tampa Convention Center, filed September 2, 2014, and advertised on September , 2014 in Vol. 40, No. 173, of the Florida Administrative Register. No comments were received in response to the petition. The Final Order on the Petition for Variance denies the Petitioner a variance from Rule 6.1.6.9.2 ASME A17.1b, 2009 edition, as adopted by 61C-5.001(1)(a), Florida Administrative Code petitioner requested a variance to allow advertising signs on the escalators because the Petitioner has not demonstrated that the purpose of the underlying statute has been met or that Petitioner would suffer a substantial hardship if required to comply with this rule (VW2014-316).
- Notices of Meetings, Workshops and Public Hearings (15)
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Special meeting of the Audit Committee to discuss audits and agreed-upon-procedures of the Real Estate entities and the triennial GRC assessment.; Monday, October 13, 2014, 9:00 a.m. (EDT) until noon; Hermitage Room, First Floor, The Hermitage Centre, 1801 Hermitage Blvd, Tallahassee, Florida 32308
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Well Drillers Advisory Committee (WDAC) Meeting. Some members of the District's Governing Board may also attend the meeting.; Wednesday, October 8, 2014 at 1:30 p.m.; SWFWMD Tampa Service Office
7601 Highway 301 N
Tampa, FL 33637
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The regular quarterly meeting of the District 2 Local Emergency Planning Committee (LEPC).; Wednesday, October 15, 2014, 10:00 am ET; Tallahassee/Leon Public Safety Complex, 911 Easterwood Drive, Tallahassee, FL
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Employment and Self-Sufficiency Committee call. This call was previously noticed in Vol 40/182 on 9/18/14; October 22, 2014, 10:00 AM; Conference call toll-free: 1(888)670-3525, press: 7015398451 then #
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NE 203rd Street and NE 215th Street Intersection Improvements Between US-1 and West Dixie Highway Project Development & Environment (PD&E) Study
Project Advisory Group (PAG) Meeting # 1; Thursday, October 2, 2014 from 6:00 p.m. to
8:00 p.m.; Highland Oaks Park Recreation Center
20300 NE 24 Avenue
Miami, Florida 33180
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Continuum of Care Committee Call. This call was previously noticed in Vol 40/182 on 9/18/14; October 28, 2014, 2:00 PM; Conference call toll-free: 1(888)670-3525, press: 7015398451 then #
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Affordable Housing Committee call. This call was previously noticed in Vol 40/181 on 9/17/14; October 8, 2014, 10:00 AM; Conference call toll-free: 1(888)670-3525, press: 7015398451 then #
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Awareness and Outreach Committee call. This call was previously notced in Vol 40/181 on 9/17/14; October 2, 2014, 10:00 AM; NA, THIS IS A CANCELLATION
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Executive Committee call. This call was previously noticed in Vol 40/181 on 9/17/14; October 6, 2014, 2:00 PM; Conference call toll-free: 1(888)670-3525, press: 7015398451 then #
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Florida Housing Finance Corporation (the Corporation) was appropriated $10 million in grant funds by the 2014 Legislature for housing for Persons with Developmental Disabilities as defined in s. 393.063, Florida Statutes. This Request for Applications (RFA) will make $3 million in grant funding, up to $1 million in additional loan funds, and up to an estimated $2.3 million of Housing Credit Allocation available for award to proposed developments funded for the first time under this RFA. An additional $3 million in grant funding will also be made available to proposed Developments that were awarded funding in RFA 2013-004, but have not yet closed on that award due to outstanding construction loans or other shortfalls discovered in the credit underwriting process.; October 9, 2014, 1:30 p.m.; Rick Seltzer Conference Room, Florida Housing Finance Corporation, 227 North Bronough Street, Tallahassee, Florida, 32301-1329. The meeting will be accessible via phone #1-888-339-2688, Participant Code #729 242 79
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Matters related to certificates of authorization for Public Service Commission regulated water and wastewater utilities.
One or more Commissioners may be in attendance and participate in the workshop.
Undocketed.; October 21, 2014, 9:30 a.m.; Room 105, Gerald L. Gunter Bldg., 2540 Shumard Oak Boulevard, Tallahassee, FL 32399-0862.
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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
; October 6, 2014, 2:00 p.m. until completion; Meeting to be conducted using communications media technology, specifically teleconference and webinar. Please note that this information has changed to reflect a new vendor and is different than past Commission webinars. The “voice-over-internet-protocol” feature will not be used for this meeting and you must dial in using the telephone number indicated below.
To access the webinar go to https://global.gotomeeting.com/join/245586269. You may call in to participate by audio only or in conjunction with the webinar. Use the following numbers to call in using your telephone
United States: +1 (224) 649-0001
Access Code: 245-586-269
Audio PIN: Shown after joining the meeting
Meeting ID: 245-586-269
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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Discuss “accreditor” and “course” applications for recommendation to the Florida Building Commission and other matters in accordance with the meeting agenda.; Monday, October 6, 10:00 a.m.; Meetings to be conducted using communications media technology; you must access webinar for video only and teleconference number for audio. Please note that this information has changed to reflect a new vendor and is different than past Commission webinars. The “voice-over-internet-protocol” feature will not be used for this meeting and you must dial in using the telephone number indicated below.
To access the webinar go to https://global.gotomeeting.com/join/589043973. You may call in to participate by audio only or in conjunction with the webinar. Use the following numbers to call in using your telephone
United States: +1 (224) 649-0001
Access Code: 589-043-973
Audio PIN: Shown after joining the meeting
Meeting ID: 589-043-973
Public point of access: 1940 North Monroe Street, Room 90, Tallahassee, Florida.
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Florida Housing Finance Corporation (the Corporation) was appropriated $10 million in non-recurring grant funds by the 2013 Legislature for housing for Persons with Developmental Disabilities as defined in Section 393.063, F. S. This Request for Applications (RFA) will make $4 million of that funding available for financing small Permanent Supportive Housing Developments consisting of no more than four (4) Units.
The legislation specifies that the Corporation will offer the funding through a competitive grant program to private Non-Profit organizations that have a primary mission which includes serving Persons with Developmental Disabilities. Funding must be used for new construction and renovation of existing housing Units, including Community Residential Homes as defined in Section 419.001, F.S.
; October 6, 2014, 1:30 p.m.; Rick Seltzer Conference Room, Suite 6000, Florida Housing Finance Corporation, 227 North Bronough Street, Tallahassee, Florida, 32301-1329. The meeting will be accessible via phone #1-888-339-2688, Participant Code #298 047 94
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Public meeting to discuss Forensics housing and service delivery initiatives.; October 03, 2014, 1:00 p.m. - 3:00 p.m. EST
; Agency for Persons with Disabilities
4030 Esplanade Way, Room 301
Tallahassee, Florida 32399
CALL-IN INFORMATION: 1-888-670-3525, Passcode: 589 307 4134
- Notices of Petitions and Dispositions Regarding Declaratory Stat (3)
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Michael J. Glazer, Ausley McMullen, Post office Box 391, 123 South Calhoun Street, Tallahassee, Florida 32301, on belhalf of H.D. Smith Wholesale Drug Company; The Petitioner is substantially affected by the statutes and rules cited in paragraphs 11A-G above and has standing to seek a declaratory statement from the department.
The Department is authorized to enforce the provisions of Chapter 499, Florida Statutes, and the administrative rules adopted pursuant to the statute .
Prior to November 27, 2013, the provisions of Chapter 499, Florida Statutes and of the Florida Administrative Code cited in paragraphs 11A-G above, were interpreted by the Department to require a prescription drug pedigree to be provided by the wholesale distributor prior to or simultaneously with the distribution of a prescription drug; the pedigree had to include the information enumerated in the statute; the pedigree paper had to be authenticated in one or more of the ways set forth in Rule 61N-1.013(5)(d); electronic pedigrees had to be authenticated according to that rule; if a pedigree could not be authenticated, the prescription drugs had to be quarantined and the Department notified; returns of drugs from a pharmacy, health care entity or licensed health care practitioner that were the result of a mistake in ordering or shipment need not be included in a pedigree; returns not in that category had to be included in a pedigree and had to otherwise comply with rule 61N-1.012(3)(f), Florida Administrative Code.
Effective November 27, 2013, the Drug Quality and Security Act (DQSA) was signed into law. The Act is comprised of Title I, the Compounding Quality Act, and Title II, the Drug Supply Chain Security Act.
The DQSA Title II requires a uniform national system for tracking and tracing prescription drugs through the supply chain, and a uniform licensing system for prescription drug wholesale distributors, repackagers, and third party logistics providers. The Act applies to human finished dosage forms of prescription drugs only.
The DQSA contains preemption language regarding tracking and tracing prescription drugs through the supply chain and regarding licensing of prescription drug manufacturers, wholesale distributors, and third party logistics providers. Currently, wholesale distributors are still required to obtain a permit from the Department to operate in this state, and to be in compliance with federal law. See, Sections 582-585, Drug Quality and Security Act.
The preemption language in Section 585 of the Act as cited in paragraph 12 above, makes it clear that states may not establish or continue in effect any requirement for tracing products through the distribution system (including any requirement with respect to statements of distribution history, transaction history, transaction information, or transaction statement of a product as the product changes ownership in the supply chain, or verification, investigation, disposition, notification or recordkeeping relating to such systems, including paper or electronic pedigree systems or for tracking and tracing drugs throughout the distribution system) which are inconsistent with, more stringent than, or in addition to, any requirements applicable under section 503(e) (as amended by such Act).
The Department has previously taken the position that the Florida pedigree requirements are preempted by the federal law. See, Declaratory Statement, In Re Petition for Declaratory Statement, Publix Supermarkets, Inc., Petitioner, Declaratory Statement Case Number DS2014-007. The DQSA does not have any specific references to or provisions requiring authentication. The Department takes the position that the Florida requirements for authentication are inconsistent with, more stringent than or in addition to the requirements in the amended federal law, and are preempted.
With respect to returns, the provisions of the DQSA categorizes returns from dispensers and those from a wholesale distributor differently, and requires no transaction history, transaction statement, or transaction information for most returns. By contrast, the Florida provisions on returns require information to be included in a pedigree except in limited circumstances set forth in Florida Administrative Code Rule 61N-1.012(3)(f). Because the provisions for returns under Florida law are inconsistent with, and more stringent than, the provisions in the DQSA, those provisions are preempted as well.
The amended federal tracking and tracing requirements become effective January 1, 2015. The Department has previously taken the position that in the interim period before the effective date of the tracking and tracing requirements of the provisions of the DQSA, current federal minimum standards for wholesale distribution of prescription drugs, set forth in 21 C.F.R. §203, the Prescription Drug Marketing Act (PDMA), are applicable, and states may enforce those requirements of the PDMA. See, Declaratory Statement, In Re Petition for Declaratory Statement, Publix Supermarkets, Inc., Petitioner, Declaratory Statement Case Number DS2014-007.
However, Petitioner asserts that it is an authorized distributor of record, and the PDMA, by its terms, does not address requirements for documenting the movement of prescription drugs for those in Petitioner’s status as an authorized distributor of record. In addition, the PDMA does not address returns of prescription drug product. It is not clear how Petitioner is to handle tracking and tracing requirements for distributions or returns in the interim period.
While Petitioner implies that the grandfathering product provision of the DQSA operates retroactively to govern Petitioner’s distributions that occur prior to January 1, 2015, the Department cannot address the applicability of the DQSA provisions to Petitioner’s facts. However, as discussed above, the Department will not pursue administrative enforcement action against Petitioner if Petitioner does not comply with pedigree, authentication and returns requirements.
Accordingly, applying the foregoing to Petitioner’s facts, Petitioner’s request for a declaratory statement is answered as follows:
A. The Department will not pursue an administrative enforcement action against HDS if HDS does not comply with the pedigree and authentication requirements of section 499.01212, Florida Statutes, and Rule 61N-1.013, Florida Administrative Code.
B. The Department will not pursue an administrative enforcement action against HDS if HDS does not comply with the return requirements set forth in Florida Administrative Code Rule 61N-1.012.
C. Nothing herein shall be construed as affecting or negating requirements of federal law for wholesale distribution of prescription drugs as such requirements apply to Petitioner .
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Janet Hardy, on September 24, 2014.; The Petitioner seeks a Declaratory Statement from the Board as to
whether manipulation of the soft tissues on the pelvic floor would be within the scope of the definition of "massage" in section 480.003, Florida Statutes, without violating the grounds for disciplinary action as described in Section 480.046, Florida Statutes.
Except for good cause shown, motions for leave to intervene must be filed within 21 days after the publication of this notice.
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Invencible Records; Petitioner--a record label that does not procure employment or engagement for its sole act--asks if it is required to be licensed under the above statutes. Second, if required to be licensed, whether the license of a major shareholder/partner would satisfy the requirement.