Section I Notices of Development of Proposed Rules and Negotiated Rulemaking BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND Notices for the Board of Trustees of the Internal Improvement Trust Fund between December 28, 2001 and June 30, 2006, go to http://www.dep.state.fl.us/ under the link or button titled Official Notices. DEPARTMENT OF ENVIRONMENTAL PROTECTION Notices for the Department of Environmental Protection between December 28, 2001 and June 30, 2006, go to http://www.dep.state.fl.us/ under the link or button titled Official Notices. DEPARTMENT OF FINANCIAL SERVICES Division of State Fire Marshal RULE NO.: RULE TITLE: 69A-38.020 Scope PURPOSE AND EFFECT: The Department received a Petition for Rulemaking from the Florida Association for Rehabilitation Facilities, Inc., requesting an amendment to subparagraph 69A-38.020(3)(c)2., F.A.C., by changing its application from group home facilities serving five or fewer clients to those serving six or fewer clients. The effect would be to reduce the fire protection requirements for group home facilities currently serving six clients. SUBJECT AREA TO BE ADDRESSED: Life safety during fire and other emergencies in residential developmental disabilities facilities required to be licensed by the Florida Agency for Persons with Disabilities, pursuant to Section 393.067, F.S. RULEMAKING AUTHORITY: 633.01(1) FS. LAW IMPLEMENTED: 633.022(1)(b) FS. IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW: DATE AND TIME: Tuesday, February 15, 2011, 1:00 p.m. PLACE: Community Room, Jimmy B. Keel Library, 2902 W. Bearss Avenue, Tampa, Florida 33618 agency at least 5 days before the workshop/meeting by contacting: Jim Goodloe, Chief, Bureau of Fire Prevention, Jim.Goodloe@myfloridacfo.com (850)413-3620. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jim Goodloe, Chief, Bureau of Fire Prevention, Jim.Goodloe@myfloridacfo.com (850)413-3620 THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE. Section II Proposed Rules BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND Notices for the Board of Trustees of the Internal Improvement Trust Fund between December 28, 2001 and June 30, 2006, go to http://www.dep.state.fl.us/ under the link or button titled Official Notices. REGIONAL UTILITY AUTHORITIES Tampa Bay Water A Regional Water Supply Authority RULE NO.: RULE TITLE: 49B-2.038 Personnel Rule Manual Incorporated by Reference PURPOSE AND EFFECT: To repeal the rule s adoption by reference of Tampa Bay Water Authority s Personnel Manual. SUMMARY: The rule adopting by reference the Personnel Manual is to be repealed. The Personnel Manual is not required to be adopted by rule. SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an impact on small business. An SERC has not been prepared by the agency. Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice. RULEMAKING AUTHORITY: 163.01(5) FS. LAW IMPLEMENTED: 163.01(5)(g) FS. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Holly Wells, Manager HR Department, Tampa Bay Water, 2575 Enterprise Road, Clearwater, Florida 33763, (727)796-2355 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 249
THE FULL TEXT OF THE PROPOSED RULE IS: 49B-2.038 Personnel Rule Manual Incorporated by Reference. The Tampa Bay Water Personnel Rule Manual, dated November 30, 2006, is hereby incorporated by reference into this chapter and is available from Tampa Bay Water upon request. Rulemaking Specific Authority 163.01(5) FS. Law Implemented 163.01(5)(g) FS. History New 7-29-97, Amended 9-17-01, 5-22-07,. NAME OF PERSON ORIGINATING PROPOSED RULE: Holly Wells NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerald Seeber DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 13, 2010 DEPARTMENT OF ENVIRONMENTAL PROTECTION Notices for the Department of Environmental Protection between December 28, 2001 and June 30, 2006, go to http://www.dep.state.fl.us/ under the link or button titled Official Notices. Section III Notices of Changes, Corrections and Withdrawals BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND Notices for the Board of Trustees of the Internal Improvement Trust Fund between December 28, 2001 and June 30, 2006, go to http://www.dep.state.fl.us/ under the link or button titled Official Notices. DEPARTMENT OF CITRUS RULE NO.: RULE TITLE: 20-39.003 Approved Boxes NOTICE OF WITHDRAWAL Notice is hereby given that the above rule, as noticed in Vol. 36, No. 47, November 24, 2010 issue of the Florida Administrative Weekly has been withdrawn. DEPARTMENT OF ENVIRONMENTAL PROTECTION Notices for the Department of Environmental Protection between December 28, 2001 and June 30, 2006, go to http://www.dep.state.fl.us/ under the link or button titled Official Notices. DEPARTMENT OF FINANCIAL SERVICES Division of Worker s Compensation RULE NO.: RULE TITLE: 69L-7.501 Florida Workers Compensation Reimbursement Manual for Hospitals NOTICE OF WITHDRAWAL Notice is hereby given that the above rule, as noticed in Vol. 35, No. 44, November 6, 2009 issue of the Florida Administrative Weekly has been withdrawn. Section IV Emergency Rules BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND Notices for the Board of Trustees of the Internal Improvement Trust Fund between December 28, 2001 and June 30, 2006, go to http://www.dep.state.fl.us/ under the link or button titled Official Notices. DEPARTMENT OF ENVIRONMENTAL PROTECTION Notices for the Department of Environmental Protection between December 28, 2001 and June 30, 2006, go to http://www.dep.state.fl.us/ under the link or button titled Official Notices. Section V Petitions and Dispositions Regarding Rule Variance or Waiver BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND Notices for the Board of Trustees of the Internal Improvement Trust Fund between December 28, 2001 and June 30, 2006, go to http://www.dep.state.fl.us/ under the link or button titled Official Notices. WATER MANAGEMENT DISTRICTS NOTICE IS HEREBY GIVEN THAT on January 10, 2011, the South Florida Water Management District (SFWMD), received a petition for Variance (Application 110110-4) from Avatar Properties, Inc., 201 Alhambra Circle, 12th Floor, Coral Gables, FL 33134, for a project known as Poinciana Parkway, Section 1, located in Polk and Osceola Counties, FL. The petition seeks relief from provisions in Rule 40E-4.321, F.A.C., pertaining to duration of permits. 250 Section III - Notices of Changes, Corrections and Withdrawals
A copy of the Petition for Variance or Waiver may be obtained by contacting the Water Resource Regulation Department during the normal business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at: 3301 Gun Club Road, West Palm Beach, FL 33406, (561)682-6911, by e-mail: permits@sfwmd.gov or by accessing the District s website: www.sfwmd.gov using the Application/Permit Search on the epermitting page. To be considered, comments must be received by the end of business on the 14th day at: South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33401, Attn.: District Clerk. For additional information, contact: Mark Daron at (407)858-6100, ext. 3805 or e-mail: mdaron@sfwmd.gov. NOTICE IS HEREBY GIVEN THAT on December 29, 2010, the South Florida Water Management District (District), received a petition for waiver from Palm Beach County Department of Environmental Resource Management for a Modification of Right of Way Occupancy General Permit No. 013, Application No. 10-1229-4M, for utilization of Works or Lands of the District known as the C-18 Canal, Palm Beach County for a proposed parking area within the south right of way of the C-18 Canal located immediately east of the S-46 structure and west of Central Boulevard; Section 3, Township 41 South, Range 42 East, Palm Beach County. The petition seeks relief from paragraph 40E-6.221(2)(j), Florida Administrative Code, which prohibits vehicular use and parking on Works or Lands of the District. A copy of the Petition for Variance or Waiver may be obtained by contacting: Juli Russell at (561)682-6268 or e-mail: jurussel@sfwmd.gov. The District will accept comments concerning the petition for 14 days from the date of publication of this notice. To be considered, comments must be received by the end of business on the 14th day at: South Florida Water Management District, 3301 Gun Club Road, MSC 1414, West Palm Beach, FL 33406, Attention: Juli Russell, Office of Counsel. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION NOTICE IS HEREBY GIVEN THAT the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On January 11, 2011 the Division issued an order. The Final Order was in response to a Petition for Variance from Arbor Shoreline Office Park, filed October 19, 2010, and advertised in Vol. 36, No. 44 of the Florida Administrative Weekly. 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 Chapter 30, Section 3001.2. Florida Building Code. adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires upgrading the elevators for firefighters emergency operations until January 31, 2014, because the Petitioner has demonstrated that the purpose of the statute underlying the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW 2010-640). A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013. NOTICE IS HEREBY GIVEN THAT the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On January 11, 2011 the Division issued an order. The Final Order was in response to a Petition for Variance from Arbor Shoreline Office Park, filed October 19, 2010, and advertised in Vol. 36, No. 44 of the Florida Administrative Weekly. 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 Chapter 30, Section 3001.2, Florida Building Code, adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires upgrading the elevators for firefighters emergency operations until January 31, 2014, because the Petitioner has demonstrated that the purpose of the statute underlying the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW 2010-641). A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013. NOTICE IS HEREBY GIVEN THAT the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On January 11, 2011 the Division issued an order. The Final Order was in response to a Petition for Variance from Arbor Shoreline Office Park, filed October 19, 2010, and advertised in Vol. 36, No. 44 of the Florida Administrative Weekly. 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 Chapter 30, Section 3001.2, Florida Building Code, adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires upgrading the elevators for firefighters emergency operations until January 31, 2014, because the Petitioner has demonstrated that the purpose of the statute underlying the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW 2010-643). Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 251
A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013. NOTICE IS HEREBY GIVEN THAT the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On January 18, 2011 the Division issued an order. The Final Order was in response to a Petition for Variance from Adventist Health Headquarters, filed November 1, 2010, and advertised in Vol. 36, No. 45 of the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the Petition for Variance grants the Petitioner a variance from Rule 2.20.1, 2.20.9 and 2.24.2 ASME A17.1, 2005 edition, as adopted by Chapter 30, Section 3001.2, Florida Building Code, adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires using a coated steel belt to allow the installation of an Otis Gen2TM elevator system because the Petitioner has demonstrated that the purpose of the statute underlying the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW 2010-659). A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013. NOTICE IS HEREBY GIVEN THAT the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On January 11, 2011 the Division issued an order. The Final Order was in response to a Petition for Variance from Premier North, filed November 2, 2010, and advertised in Vol. 36, No. 45 of the Florida Administrative Weekly. 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 Chapter 30, Section 3001.2, Florida Building Code, adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires upgrading the elevators for firefighters emergency operations until August 1, 2013, because the Petitioner has demonstrated that the purpose of the statute underlying the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW 2010-663). A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013. NOTICE IS HEREBY GIVEN THAT on January 18, 2011, the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety has issued an order. That Final Order was in response to a Petition for Variance from Putnam Hotel, filed November 15, 2010, and advertised in Vol. 36, No. 47 of the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the Petition for Variance denies the Petitioner a variance from Rule 2.7.4, ASME A17.3, 1996 edition and from Rule 2.27.1, 8.11.2.2.2, 2.14.7 and 8.6.1.4, ASME A17.1a, 2005 edition, as adopted by Chapter 30, Section 3001.2, Florida Building Code, adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires restricted door openings, emergency signaling devices, safety tests, conforming to the lighting and fixtures requirements and maintenance records requirements and from the requirement of having a valid certificate of operation because the Petitioner has not met its burden as these tests are required to ensure the safety features are working properly. Additionally, the Division lacks the authority to grant variances from statutory requirements (VW 2010-687). A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013, (850)488-1133. NOTICE IS HEREBY GIVEN THAT the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On January 18, 2011 the Division issued an order. The Final Order was in response to a Petition for emergency Variance from Counseling & Recovery Center, Inc., filed December 8, 2010, and advertised in Vol. 36, No. 51 of the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the Petition for Variance grants the Petitioner a variance from Rule 2.7.4, 3.3.2, 3.11.1(a)(2) and 3.10.6 ASME A17.3, 1996 edition, as adopted by Chapter 30, Section 3001.2, Florida Building Code, adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires upgrading the elevators for restricted door openings, platform guards, two-way communications and phase reversal and failure protection until August 1, 2013, because the Petitioner has demonstrated that the purpose of the statute underlying the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW 2010-720). A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013. NOTICE IS HEREBY GIVEN THAT the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On January 18, 2011 the Division issued an order. The Final Order was in response to a Petition for emergency Variance from Nottingham House, filed December 15, 2010, and advertised in Vol. 36, No. 52 of the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the Petition for Variance grants the Petitioner a 252 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver
variance from Rule 3.11.3, 3.10.4(u), 3.3.2, 3.9.1 and 3.10.3 ASME A17.3, 1996 edition, as adopted by Chapter 30, Section 3001.2, Florida Building Code, adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires upgrading the elevators for firefighters emergency operations, in-car stop switch, platform guards, normal terminal stopping devices and top-of-car operating devices until December 1, 2013, because the Petitioner has demonstrated that the purpose of the statute underlying the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW 2010-724). A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013. NOTICE IS HEREBY GIVEN THAT the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On January 18, 2011 the Division issued an order. The Final Order was in response to a Petition for Variance from UCF Morgridge International Reading Center, filed December 20, 2010, and advertised in Vol. 37, No. 1 of the Florida Administrative Weekly. 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 and 2.24.2.1 ASME A17.1, 2005 edition, as adopted by Chapter 30, Section 3001.2, Florida Building Code, adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires 9.5 mm steel rope and metallic sheave because the Petitioner has demonstrated that the purpose of the statute underlying the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW 2010-730). A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013. NOTICE IS HEREBY GIVEN THAT the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On January 18, 2011 the Division issued an order. The Final Order was in response to a Petition for Variance from Grand Villa Senior Living, filed December 20, 2010, and advertised in Vol. 37, No. 1 of the Florida Administrative Weekly. 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 and 2.24.2.1 ASME A17.1, 2005 edition, as adopted by Chapter 30, Section 3001.2, Florida Building Code, adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires 9.5 mm steel rope and metallic sheave because the Petitioner has demonstrated that the purpose of the statute underlying the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW 2010-731). A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013. NOTICE IS HEREBY GIVEN THAT the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On January 18, 2011, the Division issued an order. The Final Order was in response to a Petition for emergency Variance from Regency Condo Assoc., filed December 20, 2010, and advertised in Vol. 37, No. 1 of the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the Petition for Variance grants the Petitioner a variance from Rule 3.3.2, 3.10.3 and 3.9.1 ASME A17.3, 1996 edition, as adopted by Chapter 30, Section 3001.2, Florida Building Code, adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires upgrading the elevators with platform guards, top-of-car operating devices and normal terminal stopping devices until December 30, 2012, because the Petitioner has demonstrated that the purpose of the statute underlying the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW 2010-732). A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013. NOTICE IS HEREBY GIVEN THAT the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On January 18, 2011, the Division issued an order. The Final Order was in response to a Petition for emergency Variance from Arie Dam, filed December 28, 2010, and advertised in Vol. 37, No. 2 of the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the Petition for Variance grants the Petitioner a variance from Rule 3.3.2 and 3.10.4(t) ASME A17.3, 1996 edition, as adopted by Chapter 30, Section 3001.2, Florida Building Code adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires upgrading the elevators for platform guards and keyed stop switch until December 1, 2011, because the Petitioner has demonstrated that the purpose of the statute underlying the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW 2010-742). A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013. Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 253
NOTICE IS HEREBY GIVEN THAT the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On January 18, 2011 the Division issued an order. The Final Order was in response to a Petition for emergency Variance from Lee Road Bldg., filed December 29, 2010, and advertised in Vol. 37, No. 2 of the Florida Administrative Weekly. 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 Chapter 30, Section 3001.2, Florida Building Code, adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires upgrading the elevators for firefighters emergency operations until January 31, 2014 because the Petitioner has demonstrated that the purpose of the statute underlying the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW 2010-743). A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013. NOTICE IS HEREBY GIVEN THAT on January 11, 2011, the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety received a petition from Mediterranean Manors. Petitioner seeks an emergency variance of the requirements of ASME A17.1, Section 8.6.5.8, as adopted by Chapter 30, Section 3001.2, Florida Building Code, adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires in-ground hydraulic cylinders be provided with a safety bulkhead 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 (VW 2011-012). A copy of the Petition may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013. NOTICE IS HEREBY GIVEN THAT on January 12, 2011, the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety received a petition from St. Lucie Bldg. Petitioner seeks a variance of the requirements of ASME A17.3, Section 4.7.8, as adopted by Chapter 30, Section 3001.2, Florida Building Code, adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires upgrading the elevators for firefighters emergency operations which poses a significant economic/financial hardship. Any interested person may file comments within 14 days of the publication of this notice with: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW 2011-013). A copy of the Petition may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013. NOTICE IS HEREBY GIVEN THAT on January 18, 2011, the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety received a petition from Allied Building. Petitioner seeks an emergency variance of the requirements of ASME A17.3, Section 3.10.4 and 3.11.3 and of ASME A17.1, Section 303.3d, as adopted by Chapter 30, Section 3001.2, Florida Building Code, adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires upgrading the elevators with a keyed stop switch, firefighters emergency operations and a shut-off valve 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 (VW 2011-015). A copy of the Petition may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013. NOTICE IS HEREBY GIVEN THAT on January 18, 2011, the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety received a petition from Source International. Petitioner seeks a variance of the requirements of ASME A17.1, Section 3.4.4 and 3.4.7, as adopted by Chapter 30, Section 3001.2, Florida Building Code, adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires a minimum 43 inches of hoistway clearance above the car at it highest position and a minimum 5.49 square feet clear of any equipment with 43 inches of clearance which poses a significant economic/ financial hardship. Any interested person may file comments within 14 days of the publication of this notice with: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW 2011-016). A copy of the Petition may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013. The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, received a Petition for an Emergency Variance on December 21, 2010 for paragraph 61C-1.004(1)(a), Florida Administrative Code, Section 5-203.13, 2001 FDA Food Code and subsections 61C-4.010(6), (7), Florida Administrative Code, from Ocean Ave. Green Market 2 located in Boynton Beach, FL. The above referenced F.A.C. addresses the requirement that at least one service sink is provided for the cleaning of mops or similar cleaning tools and the disposal of mop water and that at least 254 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver
one accessible bathroom is provided for use by customers. They are requesting to share mop sink and bathrooms for customers only located within another establishment under the same ownership. The Petition was published in Vol. 37, No. 1 on January 7, 2011, and 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 the mop sink and bathroom facilities located within Ocean Avenue Green Market (SEA6019753) are maintained in a clean and sanitary manner and all sinks are provided with running water under pressure and are available during all hours of operation. The Petitioner shall also ensure directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the hours of operation or ownership the Ocean Avenue Green Market (SEA6019753) changes, an updated signed agreement for use of the mop sink and bathroom facilities is required immediately. A copy of the Order or additional information may be obtained by contacting: Lydia.Gonzalez@dbpr.state.fl.us, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011. NOTICE IS HEREBY GIVEN THAT on January 18, 2011, the Division of Pari-Mutuel Wagering, Department of Business and Professional Regulation, received a petition for emergency variance or waiver from DigiDeal Corporation, Petitioner, DBPR Case No. 2011002903 (VW 2011-018). Petitioner is a slot machine manufacturer licensed pursuant to Chapter 551, Florida Statutes, whose address, for the purposes of its Petition, is c/o Rutledge, Ecenia & Purnell, P.A., 119 South Monroe Street, Suite 202, Tallahassee, Florida 32301. The Petition lists Rule 61D-14.042, Florida Administrative Code (F.A.C.), from which it seeks an emergency variance or waiver. Specifically, the Petitioner requests a variance from or waiver of the requirement of subsection 61D-14.042(1), F.A.C., that requires each slot machine in Florida have an electro-mechanical meter [to] measure total credits into the slot machine [and an] electro-mechanical meter [to] measure total credits out of the slot machine. Petitioner desires to market its Digital Table System Virtual (DTS-V) slot machine in Florida which uses state-of-the art electronic metering rather than electromechanical metering. The requested variance/waiver would permit use of electronic metering in Petitioner s DTS-V slot machine, which in all other respects complies with or exceeds the requirements of Rule 61D-14.042, F.A.C. Petitioner requests the emergency variance/waiver because of severe financial hardship that it would otherwise incur were the Rule s literal requirement of electro-mechanical meters to nevertheless be applied in its case. Any person whose substantial interests may be affected by a variance on the subject matter of the Petition may file a petition to intervene within 5 days of the publication of this notice. A copy of the Petition for Variance or Waiver may be obtained by contacting: Agency Clerk, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-2202, (850)921-0342). DEPARTMENT OF ENVIRONMENTAL PROTECTION Notices for the Department of Environmental Protection between December 28, 2001 and June 30, 2006, go to http://www.dep.state.fl.us/ under the link or button titled Official Notices. NOTICE IS HEREBY GIVEN THAT on January 10, 2011, the Department of Environmental Protection, received a petition for a variance from the City of Minneola. The petition requests a variance from the paragraph 62-503.430(9)(a), F.A.C., which requires that construction loans for projects sponsored by local governments be repaid within 20 years. The City of Minneola is requesting that their loan, No. 89601L, repayment be extended from 20 years to 30 years due to substantial hardship. The petition has been assigned File No.: OGC File #11-0050. A copy of the Petition for Variance or Waiver may be obtained by contacting: Department of Environmental Protection, Office of General Counsel, 3900 Commonwealth Blvd., M.S. #35, Tallahassee, Florida 32399, Attn: Justin Wolfe, (850)245-2214, email: justin.g.wolfe@dep.state.fl.us. Written comments must be received no later than 14 days from the date of publication of this notice. DEPARTMENT OF HEALTH NOTICE IS HEREBY GIVEN THAT on January 12, 2011, the Board of Medicine, received a petition for waiver filed on behalf of Laurence Wynn, M.D., from Rule 64B8-8.019, F.A.C., with regard to the requirement for providing a certified copy of the record in any finding of medical malpractice resulting from a civil or administrative proceeding. Comments on this petition should be filed with: Board of Medicine, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3053, within 14 days of publication of this notice. A copy of the Petition for Variance or Waiver may be obtained by contacting: Larry McPherson, Jr., Executive Director, Board of Medicine, at the above address or telephone (850)245-4131. Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 255
NOTICE IS HEREBY GIVEN THAT on January 5, 2011, the Board of Physical Therapy Practice, received a petition for Sandra Cuik, seeking a variance or waiver of Rule 64B17-3.003, F.A.C., with regard to the 16.58 general education credits that is required. A copy of the Petition for Variance or Waiver may be obtained by contacting: Allen Hall, Executive Director, Board of Physical Therapy Practice/MQA, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255. Section VI Notices of Meetings, Workshops and Public Hearings DEPARTMENT OF STATE The Florida Department of State, Division of Library and Information Services announces the organizational meeting of the State Library Council Governmental Affairs Subcommittee via conference call. All persons are invited. DATE AND TIME: Monday, February 7, 2011, 8:15 a.m. 8:30 a.m. (EST) PLACE: Archives Conference Room, Division of Library and Information Services, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399 The State Library Council Governmental Affairs Subcommittee will convene to elect officers, outline a business structure, and consider a motion to adopt draft bylaws. Other business will include the discussion of matters and issues which have an impact or effect on the programs and/or activities of the Division of Library and Information Services. For additional information, contact: Judith Ring, Division Director at (850)245-6600. Any person requiring special accommodations or assistance due to a disability or physical impairment should contact the agency at least five days prior to the meeting by calling (850)245-6600 or TDD (850)922-4085. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES The Division of Standards announces a public meeting to which all persons are invited. DATE AND TIME: February 9, 2011, 10:00 a.m. PLACE: Equestrian Pavilion, Florida State Fairgrounds, 4800 US Highway 301, Tampa, Florida Regularly scheduled meeting of the Florida Amusement Device and Attraction Advisory Committee. A copy of the agenda may be obtained by contacting: Allan Harrison, 3125 Conner Boulevard, Suite N, Tallahassee, Florida 32399-1650, (850)488-9790. agency at least 48 hours before the workshop/meeting by contacting: Allan Harrison at (850)488-9790. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). The Florida Tobacco Advisory Council announces a public meeting to which all persons are invited. DATE AND TIME: Tuesday, February 8, 2011, 5:00 p.m. PLACE: Florida Farm Bureau Suwannee, 407 Dowling Avenue, S. E., Live Oak, Florida 32064, (386)362-1274 To discuss general Council business and funding for 2011. A copy of the agenda may be obtained by contacting: Marshall Wiseheart at (850)488-4366. agency at least 48 hours days before the workshop/meeting by contacting: Marshall Wiseheart at (850)488-4366. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). For more information, you may contact: Marshall Wiseheart at (850)488-4366. The Private Investigation, Recovery and Security Advisory Council announces a public meeting to which all persons are invited. DATE AND TIME: Thursday, March 17, 2011, 9:00 a.m. PLACE: Embassy Suites Hotel Jacksonville, 9300 Baymeadows Road, Jacksonville, FL 32256, (904)731-3555 The quarterly meeting of the Council pursuant to the requirement of Section 493.6104(4), Florida Statutes. The Council will conduct a general business meeting. A copy of the agenda may be obtained by contacting: Debbie Barber, Post Office Box 3927, Tallahassee, FL 32315-3927 or by calling Debbie Barber at (850)245-5500. agency at least 5 days before the workshop/meeting by contacting: Debbie Barber at (850)245-5500. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). 256 Section VI - Notices of Meetings, Workshops and Public Hearings
The Private Investigation, Recovery and Security Advisory Council announces a public meeting to which all persons are invited. DATE AND TIME: Thursday, June 9, 2011, 9:00 a.m. PLACE: InterContinental Hotel Tampa, 4860 West Kennedy Blvd., Tampa, Florida 33609, (813)286-4050 The quarterly meeting of the Council pursuant to the requirement of Section 493.6104(4), Florida Statutes. The Council will conduct a general business meeting. A copy of the agenda may be obtained by contacting: Debbie Barber, Post Office Box 3927, Tallahassee, Florida 32315-3927 or by calling Debbie Barber at (850)245-5500. agency at least 5 days before the workshop/meeting by contacting: Debbie Barber at (850)245-5500. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). DEPARTMENT OF EDUCATION The Florida Rehabilitation Council (FRC), By-Laws Work Group announces a telephone conference call to which all persons are invited. DATE AND TIME: February 14, 2011, 9:30 a.m. 11:30 a.m. PLACE: VR Headquarters, Tallahassee, Florida To conduct a meeting of the Florida Rehabilitation Council. Any interested parties that need further information may contact: Paige Sharpton at (850)245-3397. For appeal process see Section 286.0105, Florida Statutes. Please note that committees of the Florida Rehabilitation Council will meet at various times throughout the year to carry out the work of the council; the meeting dates and times will be posted at: www.rehabworks.org at least seven days before the meeting. Persons who want to be notified of such meetings may request to be put on a mailing list by writing to Paige Sharpton at the Council s address. A copy of the agenda may be obtained by contacting: The FRC at (850)245-3397. agency at least 3-5 days before the workshop/meeting by contacting: The FRC at (850)245-3397. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). The Florida Rehabilitation Council (FRC) announces a Quarterly Public Meeting to which all persons are invited. DATE AND TIMES: February 15, 2011, Coordination, 1:00 p.m. 4:30 p.m.; Strategic Planning Workgroup, 4:30 p.m. 5:30 p.m. PLACE: Tallahassee, Florida (Location TBA) These meetings are being held in conjunction with the Florida Rehabilitation Council s Quarterly Council Meeting. To conduct a meeting of the Florida Rehabilitation Council. A copy of the agenda may be obtained by contacting: The Florida Rehabilitation Council, 2002 Old Saint Augustine Road, Building A, Tallahassee, Florida 32301-4862, (850)245-3397. Any interested parties that need further information may contact: Paige Sharpton at (850)245-3280. COMMITTEE MEETINGS: Please note that committees of the Florida Rehabilitation Council will meet at various times through out the year to carry out the work of the Council: the meeting dates and times will be posted at: www.rehabworks.org at least seven days prior to the meeting. Persons who want to be notified of such meeting may request to be put on mailing list for such notices by writing to Paige Sharpton at the Council s address. agency at least 3-5 days before the workshop/meeting by contacting: The FRC at (850)245-3397. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Notices of meetings and hearings must advise that a record is required to appeal. Each board, commission, agency of this state or of any political subdivision; thereof shall include in the notice any meeting or hearing, if notice of the meeting or hearing is required of such board, commission, or agency, conspicuously on such notice, they advise that if a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. (Florida Statutes, 286.0105) To receive information in reference to the Coordination Committee meeting or the Strategic Planning Workgroup, please contact FRC Staff. The Florida Rehabilitation Council (FRC), Public Awareness Committee announces a telephone conference call to which all persons are invited. DATE AND TIME: March 1, 2011, 9:30 a.m. 11:30 a.m. PLACE: VR Headquarters, Tallahassee, Florida Section VI - Notices of Meetings, Workshops and Public Hearings 257
To conduct a meeting of the Florida Rehabilitation Council. Any interested parties that need further information may contact: Paige Sharpton at (850)245-3397. For appeal process see Section 286.0105, Florida Statutes. Please note that committees of the Florida Rehabilitation Council will meet at various times throughout the year to carry out the work of the council; the meeting dates and times will be posted at: www.rehabworks.org at least seven days before the meeting. Persons who want to be notified of such meetings may request to be put on a mailing list by writing to: Paige Sharpton at the Council s address. A copy of the agenda may be obtained by contacting: The FRC at (850)245-3397. agency at least 3-5 days before the workshop/meeting by contacting: The FRC at (850)245-3397. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). The Florida Rehabilitation Council (FRC), Executive Committee announces a telephone conference call to which all persons are invited. DATE AND TIME: March 2, 2011, 9:00 a.m. 11:00 a.m. PLACE: VR Headquarters, Tallahassee, Florida To conduct a meeting of the Florida Rehabilitation Council. Any interested parties that need further information may contact: Paige Sharpton at (850)245-3397. For appeal process see Section 286.0105, Florida Statutes. Please note that committees of the Florida Rehabilitation Council will meet at various times throughout the year to carry out the work of the council; the meeting dates and times will be posted at: www.rehabworks.org at least seven days before the meeting. Persons who want to be notified of such meetings may request to be put on a mailing list by writing to: Paige Sharpton at the Council s address. A copy of the agenda may be obtained by contacting: The FRC at (850)245-3397. agency at least 3-5 days before the workshop/meeting by contacting: The FRC at (850)245-3397. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). The Florida Rehabilitation Council (FRC), Evaluation Committee announces a telephone conference call to which all persons are invited. DATE AND TIME: March 3, 2011, 9:30 a.m. 11:30 a.m. PLACE: VR Headquarters, Tallahassee, Florida To conduct a meeting of the Florida Rehabilitation Council. Any interested parties that need further information may contact: Paige Sharpton at (850)245-3397. For appeal process see Section 286.0105, Florida Statutes. Please note that committees of the Florida Rehabilitation Council will meet at various times throughout the year to carry out the work of the council; the meeting dates and times will be posted at: www.rehabworks.org at least seven days before the meeting. Persons who want to be notified of such meetings may request to be put on a mailing list by writing to: Paige Sharpton at the Council s address. A copy of the agenda may be obtained by contacting: The FRC at (850)245-3397. agency at least 3-5 days before the workshop/meeting by contacting: The FRC at (850)245-3397. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). The Florida Rehabilitation Council (FRC), Legislative Committee announces a telephone conference call to which all persons are invited. DATE AND TIME: March 8, 2011, 2:00 p.m. 4:00 p.m. PLACE: VR Headquarters, Tallahassee, Florida To conduct a meeting of the Florida Rehabilitation Council. Any interested parties that need further information may contact: Paige Sharpton at (850)245-3397. For appeal process see Section 286.0105, Florida Statutes. Please note that committees of the Florida Rehabilitation Council will meet at various times throughout the year to carry out the work of the council; the meeting dates and times will be posted at: www.rehabworks.org at least seven days before the meeting. Persons who want to be notified of such meetings may request to be put on a mailing list by writing to: Paige Sharpton at the Council s address. A copy of the agenda may be obtained by contacting: The FRC at (850)245-3397. agency at least 3-5 days before the workshop/meeting by 258 Section VI - Notices of Meetings, Workshops and Public Hearings
contacting: The FRC at (850)245-3397. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). The Florida Rehabilitation Council (FRC), Planning Committee announces a telephone conference call to which all persons are invited. DATE AND TIME: March 9, 2011, 9:30 a.m. 11:30 a.m. PLACE: VR Headquarters, Tallahassee, Florida To conduct a meeting of the Florida Rehabilitation Council. Any interested parties that need further information may contact: Paige Sharpton at (850)245-3397. For appeal process see Section 286.0105, Florida Statutes. Please note that committees of the Florida Rehabilitation Council will meet at various times throughout the year to carry out the work of the council; the meeting dates and times will be posted at: www.rehabworks.org at least seven days before the meeting. Persons who want to be notified of such meetings may request to be put on a mailing list by writing to: Paige Sharpton at the Council s address. A copy of the agenda may be obtained by contacting: The FRC at (850)245-3397. agency at least 3-5 days before the workshop/meeting by contacting: The FRC at (850)245-3397. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). The Florida Rehabilitation Council (FRC), Coordination Committee announces a public meeting to which all persons are invited. DATE AND TIME: March 10, 2011, 9:30 a.m. 11:30 a.m. PLACE: VR Headquarters, Tallahassee, Florida To conduct a meeting of the Florida Rehabilitation Council. Any interested parties that need further information may contact: Paige Sharpton at (850)245-3397. For appeal process see Section 286.0105, Florida Statutes. Please note that committees of the Florida Rehabilitation Council will meet at various times throughout the year to carry out the work of the council; the meeting dates and times will be posted at: www.rehabworks.org at least seven days before the meeting. Persons who want to be notified of such meetings may request to be put on a mailing list by writing to: Paige Sharpton at the Council s address. A copy of the agenda may be obtained by contacting: The FRC at (850)245-3397. agency at least 3-5 days before the workshop/meeting by contacting: The FRC at (850)245-3397. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). NOTICE OF CANCELLATION The Florida School for the Deaf and the Blind announces a public meeting to which all persons are invited. DATE AND TIME: January 28, 2011, Meeting of the Board of Trustees has been cancelled PLACE: FSDB Campus Cancellation of January 28 Board Meeting. The Florida State College at Jacksonville District, Board of Trustees announces the following meetings to which the public is invited. STRATEGIC CONVERSATION: DATE AND TIME: February 1, 2011, 12:00 Noon 2:00 p.m. PLACE: Cecil Center North, Room A-109, 5640 New World Ave., Jacksonville, Florida 32221 Mid Year Review of Major Projects for 2010-11. REGULAR MONTHLY BOARD MEETING: DATE AND TIME: February 1, 2011, 2:00 p.m. 3:00 p.m. PLACE: Cecil Center North, Room A-109, 5640 New World Ave., Jacksonville, Florida 32221 Regular meeting. DISCUSSION OF COLLEGE OPERATIONAL MATTERS: DATE AND TIME: February 1, 2011, 3:00 p.m. 5:00 p.m. PLACE: Cecil Center North, Room A-101E, 5640 New World Ave., Jacksonville, Florida 32221 College operational matters. Copies of the agenda for the regular monthly Board meeting will be available for inspection on and after Tuesday, January 25, 2011, and copies will be provided upon written request and the payment of approved duplicating charges. Any person wishing to address agenda items at the Board of Trustees meeting will be provided an opportunity to do so by appearing before the Board at the meeting. All objections to this notice or the propriety of the scheduled public meetings should be filed in writing with the: College President, Florida State College at Jacksonville, on or before February 1, 2011. All legal issues should be brought to the College s attention and an attempt made to resolve them prior to the public meeting. Section VI - Notices of Meetings, Workshops and Public Hearings 259