NOTICE IS HEREBY GIVEN that on October 19, 2007, the Department of Management Services has issued an order.
This cause came before the Department of Management Services upon a petition for emergency variance from Section 121.085(2), Florida Statutes, filed by K. Judith Lane, Esq., on behalf of Michael L. Hensler. After careful review of the petition, the Department of Management Services finds as follows:
Petitioner seeks a variance from Section 121.085(2), Florida Statutes, which is a statute, not a rule. Section 120.542(1), Florida Statutes, does not authorize an agency to grant a variance or waiver to a statute. While variance and waiver may be used to relax rules of regulatory agencies, only the State Legislature may change a statutory requirement.
It is therefore ORDERED AND ADJUDGED that the petition should be, and the same is hereby, DENIED.
A copy of the Order may be obtained by contacting: Geoffrey M. Christian, Esq., Assistant General Counsel, Office of General Counsel, Department of Management Services, 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950.