NOTICE IS HEREBY GIVEN that on July 23, 2009, the Board of Optometry has issued an order.
The Board of Optometry hereby gives notice of the issuance of an order denying the petition for Waiver or Variance filed by Brent H. Weinman, OD. The petition for Waiver or Variance was published in Vol. 35, No. 22, of the May 21, 2009, Florida Administrative Weekly. The Petitioner filed a petition for Waiver or Variance from subsection 64B13-11.004(3), F.A.C. The petition for Waiver or Variance was heard at a duly-noticed meeting held on July 23, 2009. The Board found that the petitioner was required to pay the delinquent license fee when his license expired. Section 120.542(2), F.S., provides that a variance or waiver of a rule shall be granted when the petitioner demonstrates that the purpose of the underlying rule has been achieved by other means, and when application of the rule would create a substantial hardship or would violate principles of fairness. Section 456.036(7), Florida Statutes, provides that each board shall be rule impose a delinquency fee on a delinquent licensee. The Board may not waive any provision of statute.
A copy of the Order may be obtained by contacting: Joe Baker, Jr., Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257.