NOTICE IS HEREBY GIVEN that on September 14, 2007, the Board of Dentistry has issued an order.
The Board of Dentistry hereby gives notice of the issuance of an Order regarding the Petition for Variance for Ana Victoria Garcia-Motta, D.D.S. The Notice of Petition for Variance was published in Vol. 33, No. 32, of the August 10, 2007, F.A.W. The Board considered the Petition at a duly-noticed public meeting held on September 14, 2007.
The Board’s Order, filed on October 8, 2007, denies the Petition for Variance or Waiver, finding that Petitioner has complied with the requirements of Section 120.542(2) of the Florida Statutes. Specifically, Petitioner has not demonstrated how the purpose of the underlying statute would be achieved or has been achieved through Petitioner’s education and training in Orthodontics. Additionally, Petitioner has not demonstrated that strict application of subsection 64B5-2.0146(2), Florida Administrative Code, would create a substantial hardship or violate principles of fairness in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule. Based upon the foregoing, the Board determined that Petitioner is not eligible for a waiver or variance of subsection 64B5-2.0146(2), F.A.C.
A copy of the Order may be obtained by contacting: Sue Foster, Executive Director, Board of Dentistry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258.