1. Notices of Development of Proposed Rules and Negotiated Rulemaking
- Department of Elder Affairs
- Department of Children and Families
- Family Safety and Preservation Program
2. Proposed Rules
- Department of Education
- Department of Health
- Department of Business and Professional Regulation
- Division of Hotels and Restaurants
- Department of Corrections
3. Notices of Changes, Corrections and Withdrawals
- Fish and Wildlife Conservation Commission
- Freshwater Fish and Wildlife
- Department of Business and Professional Regulation
- Division of Florida Condominiums, Timeshares and Mobile Homes
4. Petitions and Dispositions Regarding Rule Variance or Waiver
- Department of Business and Professional Regulation
- Division of Alcoholic Beverages and Tobacco
- Rule No: 61A-1.0101(3), F.A.C.; Rule Title: Product Display Exceptions.
On May 16, 2013, the Division received a Petition for Rule Waiver request in which the Petitioner, Treasury Wine Estates American Company, requested a temporary Rule Waiver of subsection 61A-1.0101(3), Florida Administrative Code. The Petitioner would like to lend Star Liquor a temporary “dummy” bottle, i.e. a replica of the original, to be displayed in Star Liquor’s until October 1, 2013, or the sale of the real Ampoule. The hand-blown, specially boxed dummy Ampoule was limited to a very small number, causing it to exceed the limit of $300 for point of sale. The notice of receipt was published on the Florida Administrative Register website on May 29, 2013, Vol. 39, No. 104.
On August 16, 2013, the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, filed an Order Granting in part, and denying in part Petitioner’s Petition for Variance for Wavier of subsection 61A-1.0101(3), F.A.C. The notice of disposition was published on the Florida Administrative Register website on August 22, 2013, Vol. 39, No. 164. This order contained a scrivener’s error in that no part of the Rule Waiver request was granted.
On September 5, 2013, the Division filed an Amended Final Order denying Petitioner’s Petition for Variance from or Waiver of Rule 61A-1.0101(3). Pursuant to requirements set by 120.542(2), F.S., Petitioner fails to show that its proposed arrangement is subject to Rule 61A-1.0101, F.A.C., or that a variance would allow the underlying purpose of the statute to be served. As interpreted by the Division, the wine racks, bins, barrels, cask, shelving and similar product items referenced by Rule 61A-1.0101(1), F.A.C are non-permanent fixtures designed to physically hold or display the actual product to be sold, but would in face replace it as the of interest. Though the proposed arrangement is indeed unique, the replica bottle simply cannot qualify as a product display item under subsection 61A-1.0101(1), F.A.C, thereby mooting any discussion of subsection 61A-1.0101(3), F.A.C.
- Division of Hotels and Restaurants
- On September 16, 2013 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from Terra Verde, filed August 29, 2013, and advertised on September 6, 2013 in Vol. 39, No. 174, 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 2.2.2.5 ASME A17.1b, 2009 edition, as adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires upgrading the elevators sump pump 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 (VW2013-291).
- On September 16, 2013 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from Crown House Condo, filed September 4, 2013, and advertised on September 6, 2013 in Vol. 39, No. 174, 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 A17.3, 1996 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 (VW2013-293).
- On September 16, 2013 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from Daytona Beach Housing Authority Project, filed September 4, 2013, and advertised on September 6, 2013 in Vol. 39, No. 174, 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 2.204, 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 (VW2013-295).
- On August 30, 2013 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 Mayiye Goyo Mobile Unit located in Orlando. 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 other than frankfurters from an open air mobile food dispensing vehicle.
The Petition for this variance was published in Vol. 39/173 on September 05, 2013. The Order for this Petition was signed and approved on September 13, 2013. 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.
- Presidential Golfview Condominium. Petitioner seeks an emergency variance of the requirements of ASME A17.1b Section 2.26.2.33, 2.27.3.1.6(h), 2.27.3.2.5, 2.27.3.3.1(c), 2.27.3.3.7, 2.27.3.4, 2.27.7.2 and 2.27.8, as adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the elevators firefighter’s stop switch, phase I emergency recall operation, phase I emergency recall operation by fire alarm initiating devices, phase II emergency in-car operation, interruption of power, firefighters’ emergency operation: operating procedures and switch keys 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 (VW2013-311).
- Presidential Golfview Condominium, Bldg. C. Petitioner seeks an emergency variance of the requirements ASME A17.1b Section 2.26.2.33, 2.27.3.1.6(h), 2.27.3.2.5, 2.27.3.3.1(c), 2.27.3.3.7, 2.27.3.4, 2.27.7.2 and 2.27.8, as adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the elevators firefighter’s stop switch, phase I emergency recall operation, phase I emergency recall operation by fire alarm initiating devices, phase II emergency in-car operation, interruption of power, firefighters’ emergency operation: operating procedures and switch keys 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 (VW2013-309).
- Department of Health
5. Notices of Meetings, Workshops and Public Hearings
- Fish and Wildlife Conservation Commission
- Freshwater Fish and Wildlife
- Department of Environmental Protection
- Department of Business and Professional Regulation
- Florida Building Commission
- To consider and discuss DS2013-065 by Allen Gezelman and provide recommendation for consideration by the Commission.
; October 2, 2013 at 10:00 A.M. until Close of Business; MEETING TO BE CONDUCTED USING COMMUNICATIONS MEDIA TECHNOLOGY, specifically Teleconference and Webinar: YOU MUST ACCESS BOTH THE TELECONFERENCE NUMBER for AUDIO ONLY and the WEBINAR for VISUAL ONLY.
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Attendee access code: 606 232 6940
PUBLIC POINT OF ACCESS: Suite 90A, 1940 N Monroe Street, Tallahassee, Florida
- MEETING TO BE CONDUCTED USING COMMUNICATIONS MEDIA TECHNOLOGY, specifically Teleconference and Webinar: YOU MUST ACCESS BOTH THE TELECONFERENCE NUMBER for AUDIO ONLY and the WEBINAR for VISUAL ONLY.
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PUBLIC POINT OF ACCESS: Suite 90A, 1940 N Monroe Street, Tallahassee, Florida
- Department of Children and Families
- Family Safety and Preservation Program
- Department of Economic Opportunity
- Division of Workforce Services
- Deliberation for cases pending before the Commission that are ready for final review and the Chairman's report. No public testimony will be taken.; September 25, 2013, 9:00 a.m.; Reemployment Assistance Appeals Commission, 101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151
- Reemployment Assistance Appeals Commission, 101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151
- Department of Financial Services
- OIR – Insurance Regulation
- State Farm Insurance Company has requested an average statewide rate change of +35.1% for its rental dwelling program. The proposed change would result in an average premium effect of +25.6%. The reason for the difference between the rate change and the premium effect is that the company has also requested to eliminate all flat deductibles and create minimum deductibles of 2% for hurricane and 1% for all other perils.
An agenda listing the rate filings subject to this hearing will be posted on the Office’s website at http://www.floir.com.
Florida law allows the Office of Insurance Regulation to hold a public hearing for any purpose within the scope of the Insurance Code deemed to be necessary. Input from the insurer as well as interested parties will be received at this public hearing. If you are unable to attend this public hearing, please forward your comments to the Office of Insurance Regulation at ratehearings@floir.com; the subject line of your e-mail should read “State Farm.”
; October 9, 2013 at 9:00 a.m.; Larson Building, Room 116, 200 E. Gaines Street, Tallahassee, FL
- Larson Building, Room 116, 200 E. Gaines Street, Tallahassee, FL
- Department of Children and Families
- Agency for Persons with Disabilities
- Refugee Services
- Department of Transportation
- Department of Business and Professional Regulation
- Florida Building Commission
- Consider and make recommendations to the Commission regarding a request for declaratory statement on DS2013-068 b Michael Goolsby, Miami-Dade County Department of Regulatory and Economic Resources and other business for the Commission.; October 9, 2013, 10:00a.m. until completion; Meeting to be conducted using communications media technology, specifically teleconference and webinar: You must access both the teleconference number for audio only and the webinar for visual only.
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Attendee access code: 606 232 6940
Public point of access: Suite 90A, 1940 North Monroe Street, Tallahassee, Florida.
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Public point of access: Suite 90A, 1940 North Monroe Street, Tallahassee, Florida.
- To scope the technical approach for conducting a survey/assessment research project necessary to clearly define corrosion of exterior building system fasteners.; October 9, 2013, 1:30p.m. until completion.; Meeting to be conducted using communications media technology, specifically teleconference and webinar: You must access both the teleconference number for audio only and the webinar for visual only.
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Call-in number: 1-720-3891212 (US)
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Attendee access code: 606 232 6940
Public point of access: Suite 90A, 1940 North Monroe Street, Tallahassee, Florida.
- Meeting to be conducted using communications media technology, specifically teleconference and webinar: You must access both the teleconference number for audio only and the webinar for visual only.
To join the online meeting (Now from mobile devices!)
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Public point of access: Suite 90A, 1940 North Monroe Street, Tallahassee, Florida.
- Water Management Districts
- Northwest Florida Water Management District
- Department of Business and Professional Regulation
- Florida Building Commission
- To review the proposed definitions for the term “impact protective system” and provide recommendations to the Product Approval Program Oversight Committee for consideration.; October 2, 2013 at 2:00p.m..; : MEETING TO BE CONDUCTED USING COMMUNICATIONS MEDIA TECHNOLOGY, specifically Teleconference and Webinar: YOU MUST ACCESS BOTH THE TELECONFERENCE NUMBER for AUDIO ONLY and the WEBINAR for VISUAL ONLY.
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Attendee access code: 606 232 6940
Public point of access: Suite 90A, 1940 North Monroe Street, Tallahassee, Florida.
- : MEETING TO BE CONDUCTED USING COMMUNICATIONS MEDIA TECHNOLOGY, specifically Teleconference and Webinar: YOU MUST ACCESS BOTH THE TELECONFERENCE NUMBER for AUDIO ONLY and the WEBINAR for VISUAL ONLY.
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Public point of access: Suite 90A, 1940 North Monroe Street, Tallahassee, Florida.
- Department of Environmental Protection
- Departmental
- To obtain public comments on the draft NPDES wastewater permit, administrative order, and proposed Level II WQBEL for Buckeye Florida L.P. – Perry, Florida, and the establishment of the Level II WQBEL pursuant to paragraph 62-302.531(2)1.d., F.A.C., setting forth the total TN (5,573 lbs/day expressed as an annual average) and TP (839 lbs/day expressed as an annual average) loads from all sources to the Lower Fenholloway River estuary (WBID 3473A) as site specific numeric interpretations of the narrative nutrient criterion set forth in paragraph 62-302.530(47)(b), F.A.C., that will supersede otherwise applicable numeric nutrient criteria for this particular surface water segment. No other portion of the WQBEL will act as a site specific numeric interpretation of the narrative nutrient criterion. The portion of the total allowable nutrient loading assigned to the applicant is a wasteload allocation of 2,698 lbs/day TN and 600 lbs/day for TP.
The public comment period is extended until the close of the public meeting on Tuesday, October 22, 2013. Any person may submit oral or written statements and data at the public meeting on the Department's proposed action. As a result of significant public comment, the Department's final action may be different from the position taken by it in this draft permit, administrative order and Level II WQBEL.; October 22, 2013, 5:00 PM; Parish Center, 2750 S. Byron Butler Parkway, Perry, Florida 32348
- Parish Center, 2750 S. Byron Butler Parkway, Perry, Florida 32348
6. Notices Regarding Bids, Proposals and Purchasing
- Other Agencies and Organizations
7. Miscellaneous
- Department of Economic Opportunity
- Division of Community Development
- Department of Financial Services
- Department of Economic Opportunity
- Division of Community Development
- Department of Environmental Protection
- Water Management Districts
- South Florida Water Management District