That on November 8, 2016, the Agency for Persons with Disabilities, received a petition for a waiver from paragraph 65G-5.004(2)(d), F.A.C., from T.S. (Petitioner). The rule states in part: “Neither the supported living provider nor the immediate ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Agency for Persons with Disabilities

RULE NO.:RULE TITLE:

65G-5.004Selection of Housing

The Agency for Persons with Disabilities hereby gives notice that on November 8, 2016, the Agency for Persons with Disabilities received a petition for a waiver from paragraph 65G-5.004(2)(d), F.A.C., from T.S. (Petitioner). The rule states in part: “Neither the supported living provider nor the immediate family of the supported living provider shall serve as landlord or have any interest in the ownership of the housing unit.” Petitioner sought a waiver from paragraph 65G-5.004(2)(b), F.A.C., and indicates that her daughter has been living in the home owned by her provider for more than 21 years, has received intense specialized care while there, and regards the residence as her home. The Agency agrees that strict application of the rule would cause a significant hardship to her daughter, and would preclude her daughter from receiving necessary personal support services from the provider she has known all of her life in the familiar environment she considers her home. The waiver shall be effective January 1, 2017, and shall expire on December 31, 2017. As previously established in the initial rule waiver issued on May 29, 2015, the waiver continues to be subject to annual renewal every calendar year starting January 1st pending receipt of a new petition. The order granting the petition was issued on December 30, 2016.

A copy of the Order or additional information may be obtained by contacting: Michele A. Lucas, Esq., Agency Clerk, Agency for Persons with Disabilities, 4030 Esplanade Way, Suite 335, Tallahassee, Florida 32399-0950, [e-mail].