NOTICE IS HEREBY GIVEN that on March 15, 2011, the Agency for Health Care Administration, received a petition for Orlando Women’s Center, LLC as advertised in Vol. 37, No. 14, Florida Administrative Weekly on April 8, 2011 and on the petition for variance or waiver filed by Center of Orlando for Women, LLC d/b/a Orlando Women’s Center on May 9, 2011 as advertised in Vol. 37, No. 20, Florida Administrative Weekly on May 20, 2011. The following is a summary of the agency’s denial of the request for a waiver or variance from the rule relating to subsection (2) set forth herein below. This amended notice of Final Order is amended to specify that nature of the rule from which the waiver or variance is sought.
The nature of the rule from which the waiver or variance is sought relates to Minimum Licensure Requirements with regard to the provider location and states in pertinent part as follows:
Provider location.
(1) A licensee must maintain proper authority for operation of the provider at the address of record. If such authority is denied, revoked or otherwise terminated by the local zoning or code enforcement authority, the Agency may deny or revoke an application or license, or impose sanctions.
(2) With the exception of federally authorized clinical laboratories, more than one license will not be issued to operate the same provider types at the identical physical or street address. Existing licensees must comply with this paragraph upon license renewal.
The Agency for Health Care Administration has issued a Final Order denying a waiver from subsection 59A-35.100(2), F.A.C., upon a finding that each petition was legally and factually insufficient to justify granting the Petition. Each Petition failed to demonstrate that the purpose of the underlying statue has been or will be achieved by other means.
A copy of the Petition for Variance or Waiver may be obtained by contacting: Richard Shoop, Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, Building 3, MS 3, Tallahassee, Florida 32308.