The Department of Highway Safety and Motor Vehicles hereby gives notice:
This matter came before the Department of Highway Safety and Motor Vehicles (Department) upon the Petition for Variance or Waiver from paragraph 15A-10.014(2)(d), Florida Administrative Code, filed by Petitioner, DUI Counterattack of Hillsborough, Inc., on October 17, 2011, and published in the Florida Administrative Weekly on November 4, 2011, Vol. 37, No. 44. The Department has carefully considered the Petition and finds that the Petition should be granted, as set forth below.
Paragraph 15A-10.014(2)(d), Florida Administrative Code, provides that “Contributions to retirement cannot exceed the percentage of gross compensation contributed by the employer of members of the Regular Class of the Florida Retirement System pursuant to Section 121.071, Florida Statutes.”
The Department finds that the Petition demonstrates that the underlying purpose of the statute has or will be achieved by the Petitioner and that the application of the rule creates a substantial hardship or violates principles of fairness. Petitioner is granted a permanent variance from the rule in order to continue contributing 8% to its employees’ 401(k) accounts. The Department intends to modify the rule provisions in future rule amendments to either clarify or eliminate this requirement.
ACCORDINGLY, it is hereby ORDERED that the Petition for Variance From or Waiver of paragraph 15A-10.014(2)(d) is GRANTED and Petitioner may continue to make an 8% employer contribution to its employees’ 401(k) accounts.
DONE AND ORDERED this 21st day of March, 2012, in Tallahassee, Leon County, Florida.
A copy of the Order or additional information may be obtained by contacting:
Division of Administrative Hearings.