1. Notices of Development of Proposed Rules and Negotiated Rulemaking
- Department of Health
- Board of Medicine
- Board of Osteopathic Medicine
- Department of Business and Professional Regulation
- Board of Employee Leasing Companies
2. Proposed Rules
- Department of Business and Professional Regulation
- Division of Florida Condominiums, Timeshares and Mobile Homes
- Board of Cosmetology
- Department of Economic Opportunity
- Division of Workforce Services
- Department of Business and Professional Regulation
3. 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-1.002(5)(a)(2), Florida Administrative Code from Nathan's at Miami Seaquarium located in Miami. The above referenced F.A.C. addresses the requirement that a mobile food dispensing vehicle be a vehicle that is otherwise movable. They are requesting to mount the mobile food dispensing vehicle on casters rather than an axle.
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.
- a Routine Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, and Paragraph 61C-4.010(1), Florida Administrative Code from Gyro Cart at 325 located in Miami. 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 storage/preparation. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing and food storage/preparation areas with another food service establishment under the same ownership and on the same premise.
The Division of Hotels and Restaurants will accept comments concerning the Petition for 14 days from the date of publication of this notice. To be considered, comments must be received before 5:00 p.m.
- a Routine Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, and Paragraph 61C-4.010(1), Florida Administrative Code from Asian Zone at 326 located in Miami. 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 storage/preparation. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing and food storage/preparation areas with another food service establishment under the same ownership and on the same premise.
The Division of Hotels and Restaurants will accept comments concerning the Petition for 14 days from the date of publication of this notice. To be considered, comments must be received before 5:00 p.m.
- an Emergency Variance for Subparagraph 61C-1.002(5)(a)(2), Florida Administrative Code from Pink's Hot Dog Cart at Miami Seaquarium located in Miami. The above referenced F.A.C. addresses the requirement that a mobile food dispensing vehicle be a vehicle that is otherwise movable. They are requesting to mount the mobile food dispensing vehicle on casters rather than an axle.
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.
- an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2009 FDA Food Code from La Crepery located in Jensen Beach. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash and three-compartment sinks.
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 Environmental Protection
- Departmental
- of its December 2, 2014, intent to grant a variance under Section 403.201, F.S., from the provisions of Rules 62-4.244(5)(c), 62-4.242(2)(a)2.b., 62-302.700(1), and 62-330.302(1)(c), F.A.C, to the U.S. Army Corps of Engineers, Mobile District (Corps), P.O. Box 2288, Mobile, AL 36628-0001, (File No. 23-0274349-008-EV). The variance is associated with the Corps’ environmental resource permit application (File No. 23-0274349-007-EI) for the proposed dredging of the Port St. Joe federal navigation channel in Port St. Joe, Gulf County, Florida. This variance will allow the Corps to conduct the following activities associated with the ERP application if the permit is issued: establish a temporary mixing zone greater than 150 meters within Outstanding Florida Waters (OFWs), to extend the permitted dredge period beyond 30 days within an OFW, to allow turbidity levels to exceed background levels at the edge of the mixing zone within an OFW, and to allow dredging within or adjacent to Class II waters that are approved for shellfish harvesting. The variance is being granted because the Corps has demonstrated that there is no practical means known or available for the adequate control of the pollution. The Department’s file on this matter is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department of Environmental Protection, Northwest District, 160 W Government Street, Suite 308, Pensacola, Florida 32502, Telephone: (850) 595-8300, or online at http://depedms.dep.state.fl.us/Oculus/servlet/login.
This action is final and effective on the date filed with the Agency Clerk of the Department unless a petition for an administrative hearing is timely filed under sections 120.569 and 120.57, F.S, before the deadline for filing a petition. 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 formulate agency action, the hearing process may result in a modification of the agency action or even denial of the application.
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, Florida Statutes. Pursuant to rule 28-106.201, F.A.C., a petition for administrative hearing 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; and (f) A statement of the specific rules or statutes 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. 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.
The petition must be filed (received by the Agency Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the petition must be mailed to the applicant at the address indicated above at the time of filing.
Petitions for administrative hearing 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 failure to file a petition within the appropriate time period shall constitute a waiver of that person’s right to request an administrative hearing under sections 120.560 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention in a proceeding initiated by another party will be only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.105, F.A.C.
Under Rules 28-106.111(3) and 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 of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for administrative hearing. 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.
Mediation under Section 120.573 of the F. S., is not available.
Once the decision becomes final, any party to this action has the right to seek judicial review of the order under Section 120.68, Florida Statutes, by the filing of a notice of appeal under Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Department in the 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 final order is filed with the Clerk of the Department.
- Department of Health
- Division of Environmental Health
- that on November 19, 2014 , pursuant to Section 120.542, F.S., the Bureau of Radiation Control has issued an order. The Order grants a variance from subparagraph 64E-5.502(1)(a)6., F.A.C., for the Manatee County Sheriff’s Office. The petition for a variance was received by the Department on September 29, 2014. Notice of receipt of the petition was published in the Florida Administrative Register on October 2, 2014. Subparagraph 64E-5.502(1)(a)6., F.A.C., prohibits individuals from being exposed to radiation from an x-ray machine for training, demonstration or other purposes unless there are also medical requirements and a proper prescription has been provided. The Manatee County Sheriff’s Office has been granted a variance to subparagraph 64E-5.502(1)(a)6., F.A.C., allowing the intentional exposure of individuals to ionizing radiation for the specific purpose of screening inmates at the Manatee County Detention Center and under the condition that the machine or any future replacement machines and their use meet the standards found in ANSI/HPS N43.17-2009. The variance is in effect until such time as the Department promulgates rules specific to ionizing radiation machines for personnel security purposes.
4. Notices of Meetings, Workshops and Public Hearings
- Other Agencies and Organizations
- Quest Corporation of America, Inc.
- Financial Management No.: 430132-1-22-01
Project Description: US 301 (State Road (SR) 35), Sumter County
Project Development and Environment (PD&E) Study
The Florida Department of Transportation (FDOT) is holding a Public Kick-Off Meeting for the US 301 PD&E study. The purpose of the study is to evaluate the need to widen US 301 from a two-lane roadway to a four-lane roadway. We will also evaluate the need to create a truck route around the City of Coleman to lessen the movement of heavy truck traffic through that community, and, the need to improve bicycle and pedestrian safety throughout the corridor. The need for these evaluations is based on a projected increase in traffic volume. The study limits extend from CR 470 West to SR 44, a distance of approximately eight miles.
Attendees may review preliminary study information, watch a short presentation and discuss the proposed improvements with the study team. The short presentation will occur at 6:00 p.m. This meeting provides interested persons an opportunity to express their views concerning the social, economic and environmental impacts of the proposed improvements. You are invited to visit the study website at www.us301sumter.com.; Tuesday, December 9, 2014
Open House: 5:30 p.m. to 7:30 p.m.
Presentation: 6:00 p.m.; Coleman Community Hall
1204 North Church Street
Coleman, Florida 33521
- Coleman Community Hall
1204 North Church Street
Coleman, Florida 33521
- Department of Environmental Protection
- Departmental
- Presentation of proposed unit management plan updates for Fort Cooper State Park and Withlacoochee State Trail.; Wednesday, December 10, 2014, 7:00 p.m. (EST); Floral City Public Library, 8360 East Orange Avenue, Floral City, Florida 34436
- Floral City Public Library, 8360 East Orange Avenue, Floral City, Florida 34436
- Presentation and discussion of proposed unit management plan updates for Fort Cooper State Park and Withlacoochee State Trail with the advisory group members.; Thursday, December 11, 2014, 9:00 a.m. (EST); Floral City Public Library, 8360 East Orange Avenue, Floral City, Florida 34436
- Floral City Public Library, 8360 East Orange Avenue, Floral City, Florida 34436
- Department of Transportation
- Departmental
- The Florida Department of Transportation (FDOT) will conduct a Public Workshop and Hearing pursuant to Section 339.135(4)(c), Florida Statutes, to consider the Department’s (District Two and Florida’s Turnpike Enterprise) Tentative Five-Year Work Program for Fiscal Years 2015/2016 through 2019/2020, and to consider the necessity of making any changes to the Work Program. All persons are invited to attend and be heard.
The Lake City Public Workshop will discuss projects in the following counties: Alachua, Bradford, Columbia, Dixie, Hamilton, Gilchrist, Lafayette, Levy, Madison, Suwannee, Taylor, and Union.
The Jacksonville Hearing will have a formal presentation at 5:30 p.m. and discuss projects in the following counties: Baker, Clay, Duval, Nassau, Putnam, and St. Johns.
Written comments will be received by the Department at each meeting and until December 31, 2014. Comments should be addressed to: Mr. Greg Evans, FDOT District Two Secretary, Mail Station 2000, 1109 S. Marion Avenue, Lake City, FL 32025-5874 or (800) 749-2967 ext. 7800 or Greg.Evans@dot.state.fl.us.
Public participation is solicited without regard to race, color, national origin, age, sex, religion, disability or family status.
; Lake City Workshop: Tuesday, December 9, 2014 from 2 p.m. - 6 p.m.
Jacksonville Hearing: Thursday, December 11, 2014 at 5:30 p.m.
; Lake City Workshop: FDOT District Two Office, Madison Room, 1109 S. Marion Ave., Lake City, FL
Jacksonville Hearing: FDOT District Two Urban Office, Training Facility, 2198 Edison Ave., Jacksonville, FL
- Lake City Workshop: FDOT District Two Office, Madison Room, 1109 S. Marion Ave., Lake City, FL
Jacksonville Hearing: FDOT District Two Urban Office, Training Facility, 2198 Edison Ave., Jacksonville, FL
- Other Agencies and Organizations
- Florida Prescription Drug Monitoring Program Foundation
- Department of Transportation
- Department of Agriculture and Consumer Services
- Division of Plant Industry
- Florida Housing Finance Corporation
- Departmental
- To conduct meetings of the Corporation’s State Housing Initiatives Partnership (SHIP) Program Review Committee. The purpose of these Review Committee Meetings is to consider SHIP related matters and approve New and Amended Local Housing Assistance Plans submitted by counties or entitlement municipalities participating in the SHIP Program.; Wednesdays, January 7, 2015 - December 30, 2015 at 2:00 p.m. No meeting will be held on holidays, during office closures or during such time when there is no business for the review committee to conduct.; Florida Housing Finance Corporation, 227 N. Bronough Street, 5th Floor, Formal or Executive Director’s Conference Room, Suite 5000, Tallahassee, FL 32301.
- Florida Housing Finance Corporation, 227 N. Bronough Street, 5th Floor, Formal or Executive Director’s Conference Room, Suite 5000, Tallahassee, FL 32301.
- Department of Health
- Division of Emergency Preparedness and Community Support
- Other Agencies and Organizations
- Florida Insurance Guaranty Assoc., Inc.
- Department of Agriculture and Consumer Services
- Department of Health
- Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling
- Department of State
- Division of Historical Resources
- To review and discuss eleven (11) Florida Historical Marker applications on Tuesday, December 9, 2014.
To review and discuss six (6) proposal nominations for listing on the National Register of Historic Places on December 17, 2014.
; Tuesday, December 9, 2014, 9:00 a.m. to conclusion
Tuesday, December 17, 2014 9:00 a.m. to conclusion; Both meetings will be in the R.A. Gray Building, Room 307, 500 South Bronough Street, Tallahassee, Florida 32399
- Both meetings will be in the R.A. Gray Building, Room 307, 500 South Bronough Street, Tallahassee, Florida 32399
- Department of Health
- Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling
- Water Management Districts
- South Florida Water Management District
- The Governing Board will discuss and consider District business, including regulatory and non-regulatory matters, plus a discussion on the fiscal year 2016 budget.; December 11, 2014, 9:00 AM, Regular Governing Board Meeting; SFWMD Headquarters, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406
All or part of this meeting may be conducted as a teleconference in order to permit maximum participation by Governing Board members. The Governing Board may take official action on any item appearing on the agenda for the meeting and on any item that is added to the agenda for the meeting as a result of a change to the agenda approved by the presiding officer of the meeting pursuant to Section 120.525, Florida Statutes.
- SFWMD Headquarters, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406
All or part of this meeting may be conducted as a teleconference in order to permit maximum participation by Governing Board members. The Governing Board may take official action on any item appearing on the agenda for the meeting and on any item that is added to the agenda for the meeting as a result of a change to the agenda approved by the presiding officer of the meeting pursuant to Section 120.525, Florida Statutes.
- General Subject Matter to be Considered: District staff shall provide information regarding the proposed acquisition of the properties identified below. The proposed acquisition of these lands resulted from negotiations with willing sellers. The proposed present and future use of these lands will be utilized in the most effective manner to support the District’s core mission requirements, and to comply with other important state policy objectives. Public input and comment will be received.
Acres County Land Type Region Project
1791.31 Martin Grazing Indian River Lagoon – South C-44
702.08 Martin Modify Pal-Mar Complex Indian River Lagoon – South C-44
More information about the proposed land acquisition on request.
; Tuesday, December 9, 2014, 10:00 AM - Proposed Land Acquisition Public Meeting; South Florida Water Management District, B-1 Auditorium, 3301 Gun Club Road,West Palm Beach, FL 33406
- South Florida Water Management District, B-1 Auditorium, 3301 Gun Club Road,West Palm Beach, FL 33406
- Department of Business and Professional Regulation
- Departmental
- Application Review and general board business.; Wednesday, January 21, 2015, 1:00 p.m.; Thursday, January 22, 2015, 9:00 a.m.; The Department of Business and Professional Regulation, Division of Professions’ Board Room, 1940 North Monroe Street, Tallahassee, Florida 32399
- The Department of Business and Professional Regulation, Division of Professions’ Board Room, 1940 North Monroe Street, Tallahassee, Florida 32399
5. Miscellaneous
- Department of Health
- Agency for Health Care Administration
- Department of Health