The Agency for Persons with Disabilities hereby gives notice:
On September 2, 2011, this agency received a Petition for Variance from Advantage Home Assisted Care, Inc. seeking Variance from Rule 65G-5.004, F.A.C, Selection of Housing to be allowed to own property where supported living clients reside. This Petition for Variance was publishing in the Florida Administrative Weekly, Vol. 37, No. 39 on September 30, 2011.
On January 25, 2012, the Agency for Persons with Disabilities issued an Order Denying Petition for Variance filed by Advantage Home Assisted Care, Inc. from paragraph 65G-5.004(2)(b), F.A.C. The Agency’s Final Order denies the Petition on the grounds that the Petitioner failed to demonstrate that the application of the rule, as written, would either create a substantial hardship or violate principles of fairness in order to be granted a variance. Additionally, the Petitioner failed to demonstrate that the purpose of the underlying statute would still be achieved if the variance was granted.
A copy of the Order or additional information may be obtained by contacting:
Percy W. “Pete” Mallison, Jr., Agency for Persons with Disabilities, 4030 Esplanade Way, Suite 380, Tallahassee, Florida 32399.