1. Notices of Development of Proposed Rules and Negotiated Rulemaking
- Department of Financial Services
- FSC - Financial Institution Regulation
- Department of Business and Professional Regulation
- Florida Real Estate Appraisal Board
- Department of Transportation
2. Proposed Rules
- Department of Business and Professional Regulation
- Board of Professional Geologists
- Department of Health
- Department of Business and Professional Regulation
- Board of Professional Geologists
3. Notices of Changes, Corrections and Withdrawals
- Department of Education
- Florida School for the Deaf and the Blind
- Department of Financial Services
- Department of Education
- Department of Business and Professional Regulation
- Division of Hotels and Restaurants
- Department of Health
- Agency for Health Care Administration
- Health Facility and Agency Licensing
- Department of Education
- Department of Business and Professional Regulation
- Board of Professional Geologists
4. Petitions and Dispositions Regarding Rule Variance or Waiver
- Department of Business and Professional Regulation
- Division of Hotels and Restaurants
- an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code from Create A Bowl 1 & 2 located in Orlando. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater; that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided, and that each establishment have areas for food preparation and storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing, food preparation and storage areas with another food service establishment under a different ownership and on the same premise.
The Division of Hotels and Restaurants will accept comments concerning the Petition for 5 days from the date of publication of this notice. To be considered, comments must be received before 5:00 p.m.
- Department of Health
- Division of Emergency Preparedness and Community Support
- Department of Law Enforcement
- Division of Local Law Enforcement Assistance
- a temporary waiver of Rule 11D-8.010(1) and (2), F.A.C. by Lee Spector, Director, Criminal Justice Institute at Indian River State College (CJI/IRSC) and Robert E. Curry. Petitioners wish to waive that portion of the rule that states: (1) Persons who conduct breath test training courses must have a valid Breath Test Instructor certification issued by the Criminal Justice Standards and Training Commission, and such persons shall be deemed permitted by the Department to conduct breath test training courses. (2) Unless exempted by the Commission, each breath test instructor must successfully complete the Commission-approved breath test instructor certification renewal course pursuant with Rule 11B-20.0017, F.A.C., to remain qualified for a breath test instructor certification. Successful completion of the Commission-approved breath test instructor certification course or breath test instructor certification renewal course satisfies that person’s agency inspector and breath test operator continuing education requirements. Each breath test instructor must also successfully complete all Department breath test instructor update courses.
Petitioners state that Mr. Curry is currently an adjunct instructor at CJI/IRSC. Petitioners state that Mr. Curry received his General Instructor Certificate in October 2001 and CMS General Instructor Transition certificate in April 2004. Petitioners state that Mr. Curry attended General Instructor Refresher course in 2006 making his General Instructor certificate valid until March 31, 2019. Petitioners state Mr. Curry was certified as a Breath Test Instructor on December 13, 2010 which expired on December 31, 2014. Petitioners state that the Florida Department of Law Enforcement’s Automated Training Management System indicated that Mr. Curry’s Breath Test Instructor certification was active until March 31, 2015. Petitioners state Mr. Curry has taught several breath test operator classes at CJI/IRSC between 2010 and 2014. Petitioners state that Mr. Curry taught a breath test operator class on February 18, 2015 relying upon the information in FDLE’s ATMS system not realizing his certification had expired on December 31, 2014. Petitioners state there was no willful intent to subvert the breath test certification process. Petitioners state that Mr. Curry has been diligent in maintaining his instructor certifications while employed with CJI/IRSC and will perform al requirements of 11B-20.0017, F.A.C. which now align with 11D-8.010, F.A.C. Petitioners state that a strict application of the rule would create a substantial hardship on CJI/IRSC and those students instructed by Mr. Curry in February 2015. Petitioners state the purpose of the underlying statute will be achieved if the waiver is granted.
- a temporary waiver of Rule 11D-10.003(3), F.A.C. by Steve Casey, Executive Director, Florida Sheriff’s Association. Petitioner wishes to waive that portion of the rule that states: (3) The Selection Committee shall deliberate and select no more than 5 nominees to be transmitted in January of each calendar year to the Governor and Cabinet for possible induction into the Florida Law Enforcement Officers’ Hall of Fame.
Petitioner states that a selection committee was formed and met on December 9, 2015 to discuss potential nominees for induction into the Hall of Fame however; the meeting of the selection committee was not properly noticed in the Florida Administrative Register. Petitioner states the oversight was unintentional and will notice and hold an official meeting to discuss the merits of each nominee and make recommendations for submission to the Governor and Cabinet. Petitioner states that nominees should be presented to the Governor and Cabinet in March however, that date is beyond the rule requirement of a January presentation. Petitioner states that strict application of the rule would prohibit any inductions into the Hall of Fame in 2016. Petitioner states that the purpose of the underlying statute will be achieved if the waiver is granted.
- Department of Business and Professional Regulation
- Board of Professional Engineers
- Department of Health
- Board of Optometry
- waiver or variance filed by Elena Utkina, MD, with regards to the licensure requirements of subsection 64B13-4.004(1)(b)3., F.A.C. The Petitioner is requesting a waiver of the requirements that an applicant must graduate from a school or college of optometry approved by the Board.
- on Petition for Waiver or Variance filed on filed November 5, 2015, by Jennifer Ferri, O.D. The Notice of Petition for Variance or Waiver was published in Volume 41, No. 228, of November 24, 2015, Florida Administrative Register. The Petitioner sought a variance or waiver of Rule 64B13-4.001(2), Florida Administrative Code, with regards to the requirement that all parts of the NBEO be obtained within 7 years preceding licensure application.
The Board=s Order, filed on December 18, 2015, denies the Petition. Petitioner has not demonstrated that the request meets the purpose of the underlying statute or has otherwise failed to provide evidence of financial hardship according to Section 456.036, Florida Statues.
- petition for waiver or variance filed by Tammy Wittmann, with regards to the licensure requirements of subsection 64B13-4.001(2), F.A.C. The Petitioner is requesting a waiver of the requirement that passing scores on Part I, Part II, and Part III of the licensure examination must be obtained within the seven year period immediately preceding application to take Part IV of the licensure examination.
Comments on this petition should be filed with the Board of Optometry, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257, within 14 days of publication of this notice.
- has issued a Notice on Petition for Waiver or Variance filed on filed September 21, 2015, by Clinton R. Anderson, OD. The Notice of Petition for Variance or Waiver was published in Volume 41, No. 214, of November 3, 2015, Florida Administrative Register. The Petitioner sought a variance or waiver of Section 463.007, Florida Statutes, with regards to the requirement that licensees maintain professional competency by completing 30 clock hours of continuing education in subjects relating to optometry that have been approved by the Board.
The Board's Order, filed on December 18, 2015, dismisses the Petition. The Board cannot waive a statute.
5. Notices of Meetings, Workshops and Public Hearings
- Regional Planning Councils
- Northeast Florida Regional Planning Council
- Other Agencies and Organizations
- Scripps Florida Funding Corporation
- Regional Planning Councils
- Treasure Coast Regional Planning Council
- Department of Transportation
- Florida Seaport Transportation and Economic Development Council
- Other Agencies and Organizations
- Concrete Masonry Education Council
- Department of Education
- Other Agencies and Organizations
- Concrete Masonry Education Council
- Department of Elder Affairs
- Long-Term Care Ombudsman Program
- Southwest Council LTCOP business.; February 2, 2016; May 3, 2016; August 2, 2016; November 1, 2016; 9:30 - 11:30 a.m.; Charlotte Community Foundation, 227 Sullivan Street, Punta Gorda, FL 33950
- Charlotte Community Foundation, 227 Sullivan Street, Punta Gorda, FL 33950
- West Central Council business; February 5, 2016; May 6, 2016; August 5, 2016; November 4, 2016; 10:30 - 11:30.; Senior Connection Center, Inc., 8928 Brittany Way, Tampa, Florida
- Senior Connection Center, Inc., 8928 Brittany Way, Tampa, Florida
- Department of Education
- Florida School for the Deaf and the Blind
- Discussion regarding consideration of Florida School for the Deaf and the Blind approval of amendments to r. 6D-3.002, F.A.C. Admission and Enrollment Requirements, for immediate transmittal to Florida Board of Education pursuant to s. 1002.36(4)(c), F.S.; February 26, 2016, 9:00 a.m.; Center for Leadership Development, Moore Hall, Florida School for the Deaf and the Blind, 207 N. San Marco Avenue, St. Augustine, FL 32084.
- Center for Leadership Development, Moore Hall, Florida School for the Deaf and the Blind, 207 N. San Marco Avenue, St. Augustine, FL 32084.
- Other Agencies and Organizations
- Florida Center for Nursing
- Regional Planning Councils
- North Central Florida Regional Planning Council
- To conduct the regular business of the North Central Florida (District 3) Local Emergency Planning Committee.; February 18, 2016 at 10:00 a.m.; Gainesville Regional Utilities Eastside Operations Center, 4747 North Main Street, Gainesville, FL
- Gainesville Regional Utilities Eastside Operations Center, 4747 North Main Street, Gainesville, FL
- To conduct the regular business of the North Central Florida Regional Hazardous Materials Response Team Policy Board.; February 18, 2016 at 1:00 p.m.; Gainesville Regional Utilities Eastside Operations Center, 4747 North Main Street, Gainesville, FL
- Gainesville Regional Utilities Eastside Operations Center, 4747 North Main Street, Gainesville, FL
6. Notices of Petitions and Dispositions Regarding Declaratory Stat
- Department of Financial Services
- Department of Business and Professional Regulation
- Florida Real Estate Commission
- Arrico Realty; The Notice of Petition for Declaratory Statement was published in Vol. 41, No. 203, of the October 19, 2015, Florida Administrative Register. The Commission considered the Petition at a duly-noticed public meeting held on November 17, 2015. The Petitioner sought the Commission’s opinion regarding Rule 61J2-10.028, F.A.C., and whether his company can act as an escrow agent for sales associates and their brokers performing property management services.
The Commission denies the petition because the Petitioner can only receive money, funds, deposits, checks, or drafts as the registered employer of the sales associates or brokers.
7. Notices Regarding Bids, Proposals and Purchasing
- Florida Housing Finance Corporation
- Department of Juvenile Justice
8. Miscellaneous
- Department of Environmental Protection
- Department of Economic Opportunity
- Division of Community Development
- Department of Financial Services
- FSC - Financial Institution Regulation
- Department of Health
- Board of Pharmacy
- Board of Nursing