1. Notices of Development of Proposed Rules and Negotiated Rulemaking
- Department of Health
- Department of Education
- Department of Business and Professional Regulation
- Board of Professional Engineers
2. Proposed Rules
- Department of Children and Families
- Family Safety and Preservation Program
- Department of Corrections
3. Notices of Changes, Corrections and Withdrawals
- Department of Business and Professional Regulation
- Drugs, Devices and Cosmetics
4. Petitions and Dispositions Regarding Rule Variance or Waiver
- Department of Business and Professional Regulation
- Florida Real Estate Appraisal Board
- variance from Rule 61J1-4.010(1)(c), F.A.C., filed by Lawrence Hank Zegers. Petitioner requested a variance from the requirement that supervisory appraisers shall have been state-certified for a minimum of four (4) years prior to being eligible to become a supervisory appraiser and that the supervisory appraisers shall be in good standing in the same jurisdiction in which the trainee appraiser practices for a minimum of four (4) years. Comments on this petition should be filed with Juana Watkins, Executive Director, Florida Real Estate Appraisal Board, 400 West Robinson Street, #N801, Orlando, FL 32801; 850-487-1395, or by electronic mail - Juana.Watkins@myfloridalicense.com, within 14 days of publication of this notice.
- Division of Hotels and Restaurants
- On November 8, 2016 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Section 3-305.14, 2009 FDA Food Code, Section 6-202.15, 2009 FDA Food Code, Section 6-202.16, 2009 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code, and Paragraph 61C-4.010(6), Florida Administrative Code from Caraballo Lunch Truck Inc. located in Hialeah. The above referenced F.A.C. addresses the requirement for proper handling and dispensing of food. They are requesting to dispense bulk time/temperature control for safety foods from an open air mobile food dispensing vehicle.
The Petition for this variance was published in Vol. 42/219 on November 9, 2016. The Order for this Petition was signed and approved on November 17, 2016. 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 that each pan within the steam table is properly covered with an individual lid; the steam table is enclosed within a cabinet with tight-fitting doors, and is protected by an air curtain installed and operated according to the manufacturer’s specifications that protects against flying vermin or other environmental contaminants; all steam table foods must be properly reheated for hot holding at approved commissaries and held hot at the proper minimum temperature per the parameters of the currently adopted FDA Food Code; and steam table food is to be dispensed by the operator with no customer self-service. The Petitioner shall also strictly adhere to the operating procedures and copies of the variance and operating procedures are to be present on the MFDV during all periods of operation.
- Water Management Districts
- South Florida Water Management District
- that on November 16, 2016, the District issued an Order Granting Variance under Section 120.542, Florida Statutes (Fla. Stat.), (Order No. 2016-079-DAO-WU) to the City of Coconut Creek, in Broward County. The Petition for Variance was received by the District on June 24, 2016. Notice of receipt of the Petition requesting the variance was published in the Florida Administrative Register, Vol. 42, No. 126, on June 29, 2016. No public comment was received. Specifically the Order grants a Variance from Section 40E-24.201, Florida Administrative Code (Fla. Admin. Code), which states that irrigation of existing landscaping shall be conducted on specific days. Generally, the Order sets forth the basis of the District's decision to grant the Variance, as follows: 1) the Petitioner has demonstrated that the use of the advanced technology irrigation system on its specified properties will achieve the purpose of the statutes underlying Chapter 40E-24, Fla. Admin. Code; 2) the Petitioner has demonstrated that it will experience substantial technological hardship if it is required to comply; and 3) the District has reasonable assurance that the granting of this Variance will be consistent with statutory requirements.
- that on November 16, 2016, the District issued an Order Granting Variance under Section 120.542, Florida Statutes (Fla. Stat.), (Order No. 2016-080-DAO-WU) to the County of Palm Beach, in Palm Beach County. The Petition for Variance was received by the District on July 11, 2016. Notice of receipt of the Petition requesting the variance was published in the Florida Administrative Register, Vol. 42, No. 137, on July 15, 2016. No public comment was received. Specifically the Order grants a Variance from Section 40E-24.201, Florida Administrative Code (Fla. Admin. Code), which states that irrigation of existing landscaping shall be conducted on specific days. Generally, the Order sets forth the basis of the District's decision to grant the Variance, as follows: 1) the Petitioner has demonstrated that the use of the advanced technology irrigation system on its specified properties will achieve the purpose of the statutes underlying Chapter 40E-24, Fla. Admin. Code; 2) the Petitioner has demonstrated that it will experience substantial technological hardship if it is required to comply; and 3) the District has reasonable assurance that the granting of this Variance will be consistent with statutory requirements.
- that on November 16, 2016, the District issued an Order Granting Variance under Section 120.542, Florida Statutes (Fla. Stat.), (Order No. 2016-081-DAO-WU) to the Town of Jupiter, in Palm Beach County. The Petition for Variance was received by the District on August 29, 2016. Notice of receipt of the Petition requesting the variance was published in the Florida Administrative Register, Vol. 42, No. 170, on August 31, 2016. No public comment was received. Specifically the Order grants a Variance from Section 40E-24.201, Florida Administrative Code (Fla. Admin. Code), which states that irrigation of existing landscaping shall be conducted on specific days. Generally, the Order sets forth the basis of the District's decision to grant the Variance, as follows: 1) the Petitioner has demonstrated that the use of the advanced technology irrigation system on its specified properties will achieve the purpose of the statutes underlying Chapter 40E-24, Fla. Admin. Code; 2) the Petitioner has demonstrated that it will experience substantial technological hardship if it is required to comply; and 3) the District has reasonable assurance that the granting of this Variance will be consistent with statutory requirements.
- Department of Health
- Board of Massage Therapy
- of the issuance of an Order regarding the Petition for Variance or Waiver, filed on August 29, 2016, by Mary F. Lewinski. The Notice of Petition for Waiver or Variance was published in Vol. 42, No. 178, of the September 13, 2016 Florida Administrative Register. Petitioner sought a variance or waiver of 64B7-32.003, F.A.C., regarding the 500 hour minimum requirement for board approved massage schools. The Board considered the instant Petition at a duly-noticed public meeting held on October 21, 2016, in Orlando, Florida.
The Board’s Order, filed on November 4, 2016, found that the applicant meets the purpose of the underlying statute and approves the petition for waiver or variance of Rule 64B7-32.003, F.A.C.
- of the issuance of an Order regarding the Petition for Variance or Waiver, filed on August 29, 2016, by Valerie Weilmuenster. The Notice of Petition for Waiver or Variance was published in Vol. 42, No. 184, of the September 21, 2016 Florida Administrative Register. Petitioner sought a variance or waiver of section 480.041 b FS, regarding the completion of a course of study at a board-approved massage school or completion of an apprenticeship program that meets standards adopted by the board.. The Board considered the instant Petition at a duly-noticed public meeting held on October 21, 2016, in Orlando, Florida.
The Board’s Order, filed on November 4, 2016, denies the petition for wavier or variance because the petition was not in substantial compliance with the provisions of Section 120.542, FS, and Chapter 28-104, and the Board does not have the authority to waive or to grant a variance from a statute.
5. Notices of Meetings, Workshops and Public Hearings
- Other Agencies and Organizations
- Florida Self-Insurers Guaranty Association
- General Business.; Wednesday, November 30, 2016, 12:30 p.m.; JTS Enterprises of Tampa, Ltd, 4908 W. Nassau Street, Tampa, Florida 33607
- JTS Enterprises of Tampa, Ltd, 4908 W. Nassau Street, Tampa, Florida 33607
- Department of Education
- Department of Agriculture and Consumer Services
- Division of Plant Industry
- Department of Transportation
- Departmental
- This is a monthly meeting of the Commercial Motor Vehicle Review Board for the purpose of reviewing penalties imposed upon any vehicle or persons under the provisions of Chapter 316, Florida Statutes, relating to weights imposed on the highway by the axles and wheels of motor vehicles, to special fuel and motor fuel tax compliance, or to violations of safety regulations.; December 8, 2016, starting at 8:30am; Florida Dept. of Transportation - Auditorium, 605 Suwannee Street, Tallahassee, FL
- Florida Dept. of Transportation - Auditorium, 605 Suwannee Street, Tallahassee, FL
- Department of Environmental Protection
- Division of Recreation and Parks
- Metropolitan Planning Organizations
- Martin Metropolitan Planning Organization
- Consideration of Transportation services for the transportation disadvantaged; December 5, 2016, 10:00 AM; Administration Center, 2401 SE Monterey Road, 4th Floor Workshop Conference Room, Stuart, FL 34996
- Administration Center, 2401 SE Monterey Road, 4th Floor Workshop Conference Room, Stuart, FL 34996
- Agency for Health Care Administration
- Health Facility and Agency Licensing
- Standards for organ, tissue and eye procurement organizations.; December 12, 2016 at 1:00 PM - 3:00 PM EST; Agency for Health Care Administration, Conference Room B, 2727 Mahan Drive, Building #3, Tallahassee, FL 32308
- Agency for Health Care Administration, Conference Room B, 2727 Mahan Drive, Building #3, Tallahassee, FL 32308
- Definitions related to Clinical Laboratory licensure.; December 12, 2016 at 10:00 AM – 11:00 AM EST; Agency for Health Care Administration, Conference Room B, 2727 Mahan Drive, Building #3, Tallahassee, FL 32308
- Agency for Health Care Administration, Conference Room B, 2727 Mahan Drive, Building #3, Tallahassee, FL 32308
- Other Agencies and Organizations
- Florida Workers' Compensation Joint Underwriting Association, Inc
- Department of Health
- Board of Medicine
- General business of the committee. The Board of Medicine announces that certain Committee meetings will be held on the Thursday, before each Full Board meeting. Committee meetings may be cancelled prior to the meeting date. Please check the Board Web Site at www.FLBoardofMedicine.gov for cancellations or changes to meeting dates or call the Board of Medicine at (850) 245-4131 for information.; Thursday, December 1, 2016, beginning at 8:00 AM.; Embassy Suites Lake Buena Vista South, 4955 Kyngs Heath Road, Kissimmee, Florida 34746. The hotel phone # (407) 597-4000.
- Embassy Suites Lake Buena Vista South, 4955 Kyngs Heath Road, Kissimmee, Florida 34746. The hotel phone # (407) 597-4000.
- General business of the committee. The Board of Medicine announces that certain Committee meetings will be held on the Thursday, before each Full Board meeting. Committee meetings may be cancelled prior to the meeting date. Please check the Board Web Site at www.FLBoardofMedicine.gov for cancellations or changes to meeting dates or call the Compliance Management Unit at (850) 245-4268 for more information.; Thursday, December 1, 2016, beginning at 10:00 AM.; Embassy Suites Lake Buena Vista South, 4955 Kyngs Heath Road, Kissimmee, Florida 34746. The hotel phone # (407) 597-4000.
- Embassy Suites Lake Buena Vista South, 4955 Kyngs Heath Road, Kissimmee, Florida 34746. The hotel phone # (407) 597-4000.
- General business of the committee. The Board of Medicine announces that certain Committee meetings will be held on the Thursday, before each Full Board meeting. Committee meetings may be cancelled prior to the meeting date. Please check the Board Web Site at www.FLBoardofMedicine.gov for cancellations or changes to meeting dates or call the Board of Medicine at (850) 245-4131 for information.; Thursday, December 1, 2016, beginning at 1:00 PM.; Embassy Suites Lake Buena Vista South, 4955 Kyngs Heath Road, Kissimmee, Florida 34746. The hotel phone # (407) 597-4000.
- Embassy Suites Lake Buena Vista South, 4955 Kyngs Heath Road, Kissimmee, Florida 34746. The hotel phone # (407) 597-4000.
- General business of the committee. The Board of Medicine announces that certain Committee meetings will be held on the Thursday, before each Full Board meeting. Committee meetings may be cancelled prior to the meeting date. Please check the Board Web Site at www.FLBoardofMedicine.gov for cancellations or changes to meeting dates or call the Board of Medicine at (850) 245-4131 for information.; Thursday, December 1, 2016, immediately following the Council on Physician Assistants Meeting.; Embassy Suites Lake Buena Vista South, 4955 Kyngs Heath Road, Kissimmee, Florida 34746. The hotel phone # (407) 597-4000.
- Embassy Suites Lake Buena Vista South, 4955 Kyngs Heath Road, Kissimmee, Florida 34746. The hotel phone # (407) 597-4000.
- General business of the committee. The Board of Medicine announces that certain Committee meetings will be held on the Thursday, before each Full Board meeting. Committee meetings may be cancelled prior to the meeting date. Please check the Board Web Site at www.FLBoardofMedicine.gov for cancellations.; Thursday, December 1, 2016, immediately following the Rules/Legislative Committee Meeting.; Embassy Suites Lake Buena Vista South, 4955 Kyngs Heath Road, Kissimmee, Florida 34746. The hotel phone # (407) 597-4000.
- Embassy Suites Lake Buena Vista South, 4955 Kyngs Heath Road, Kissimmee, Florida 34746. The hotel phone # (407) 597-4000.
- General business of the committee. The Board of Medicine announces that certain Committee meetings will be held on the Thursday, before each Full Board meeting. Committee meetings may be cancelled prior to the meeting date. Please check the Board Web Site at www.FLBoardofMedicine.gov for cancellations or changes to meeting dates or call the Board of Medicine at (850) 245-4131 for information.; Thursday, December 1, 2016, immediately following the Surgical Care/Quality Assurance Committee Meeting.; Embassy Suites Lake Buena Vista South, 4955 Kyngs Heath Road, Kissimmee, Florida 34746. The hotel phone # (407) 597-4000.
- Embassy Suites Lake Buena Vista South, 4955 Kyngs Heath Road, Kissimmee, Florida 34746. The hotel phone # (407) 597-4000.
- General business of the board. The Board of Medicine announces that certain committee meetings will be held on the Thursday, before each Full Board meeting. Committee meetings may be cancelled prior to the meeting date. Please check the Board Web Site at www.FLBoardofMedicine.gov for cancellations or changes to meeting dates or call the Board of Medicine at (850) 245-4131 for information; Friday, December 2, 2016, beginning at 8:00 AM.; Embassy Suites Lake Buena Vista South, 4955 Kyngs Heath Road, Kissimmee, Florida 34746. The hotel phone # (407) 597-4000.
- Embassy Suites Lake Buena Vista South, 4955 Kyngs Heath Road, Kissimmee, Florida 34746. The hotel phone # (407) 597-4000.
- To conduct a public meeting to reconsider disciplinary cases with prior findings of probable cause.; Friday, December 16, 2016, 2:30 p.m.; Meet-Me #: 1 (888) 670-3525, Participation Code: 125-528-7056
- Meet-Me #: 1 (888) 670-3525, Participation Code: 125-528-7056
- Department of Agriculture and Consumer Services
- Division of Agricultural Environmental Services
- Other Agencies and Organizations
- Florida Automobile Joint Underwriting Association
- Water Management Districts
- Southwest Florida Water Management District
- The South Florida, St. Johns River, and Southwest Florida water management districts are conducting independent scientific peer review of their work to expand the East Central Florida Transient Groundwater Model in support of the 2020 Regional Water Supply Plan for the Central Florida Water Initiative (CFWI) area, including the southern portion of Lake and all of Orange, Osceola, Polk and Seminole counties. PURSUANT TO SECTION 373.042(5), FLORIDA STATUTES, THE MODEL MAY BE ADOPTED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, MAY BE USED FOR THE DEVELOPMENT OF MULTIPLE MFLS, AND THEREFORE MAY APPLY TO MORE THAN ONE WATER MANAGEMENT DISTRICT. Information to be reviewed, supporting documents, and review comments and documents produced by the peer review panel, as well as comments from stakeholders, will be accessible at http://cfwiwater.com/ by clicking on Steering committee and technical teams and then Hydrologic analysis under Working groups. The focus of these teleconferences/workshops is to discuss review of the Conceptual Model Document and plan for upcoming meetings. These teleconferences/workshops are the fifth, sixth, and seventh such events for the ECFTX model whereby peer reviewers are working together with the goal of collectively developing a single peer-review report. The District invites stakeholders to participate on November 29, December 6, and December 13, 2016, to discuss peer review panel and stakeholder comments received during the workshops. The minutes from each will be available for review, at the website above, within one week following the date of the teleconference.
NOTE: One or more members of the District’s Governing Board may attend this meeting.
; November 29, 2016, 2:00 p.m. – 4:00 p.m
DATE AND TIME: December 6, 2016, 2:00 p.m. – 4:00 p.m.
DATE AND TIME: December 13, 2016, 2:00 p.m. – 4:00 p.m.
; Teleconference: call-in number: 1(888)670-3525, participant code: 7169306632 #
- Teleconference: call-in number: 1(888)670-3525, participant code: 7169306632 #
- Other Agencies and Organizations
- Santa Fe Community College
6. Notices of Petitions and Dispositions Regarding Declaratory Stat
- Department of Business and Professional Regulation
- Division of Florida Condominiums, Timeshares and Mobile Homes
- Francis N. Fulcher, In Re: Bayou Village Condominium Association, Inc., Docket No. 2016051925, filed on November 4, 2016.; Whether a properly noticed annual members’ meeting meets the requirements of section 718.112(2)(d)1., Florida Statutes, if there is less than a quorum present? What is the remedy if a properly noticed annual members’ meeting at which less than a quorum is present does not meet the requirements of section 718.112(2)(d)1., Florida Statutes? Whether the Directors, whom terms expire at such annual meeting pursuant to section 718.112(2)(d)2., Florida Statutes, remain in office until a proper members’ meeting is held?
- Department of Health
- Board of Nursing
- Jeffrey Wayne Arnovitz; The Notice of Petition for Declaratory Statement was published in Volume 42, No. 105, of the May 31, 2016 Florida Administrative Register. Petitioner seeks the agency's opinion as to the applicability of 464.003(2), (3) and 464.012(2), FS and Rules 64B9-4.001(14) and 64B9-4.010, F.A.C. as it applies to the Petitioner. The Petitioner seeks a Declaratory Statement with regard to whether he may, within the scope of practice of a licensed ARNP, provide services to patients located in Florida from Petitioner's Ohio practice locations, through audio and video communications. The Board’s Order, filed on November 2, 2016, finds there is no prohibition against providing advanced practice nursing services by audio or video communications if those services are provided in compliance with acceptable and prevailing nursing practice and the practitioner holds a license to practice in Florida.
7. Notices Regarding Bids, Proposals and Purchasing
8. Miscellaneous
- Department of Environmental Protection