that on October 17, 2016, an Order was filed on the Petition for Variance or Waiver. The Petition was filed by Timothy Hamilton, on July 29, 2016, seeking a variance or waver from Rule 64B13-11.004, F.A.C., regarding the failure of any license ...

 

DEPARTMENT OF HEALTH

Board of Optometry

The Board of Optometry hereby gives notice:

That on October 17, 2016, an Order was filed on the Petition for Variance or Waiver. The Petition was filed by Timothy Hamilton, on July 29, 2016, seeking a variance or waver from Rule 64B13-11.004, F.A.C., regarding the failure of any license holder to elect active or inactive status before the license expires shall cause the license to become delinquent. Petitioner has also requested a permanent waiver of Rule 64B13-4.001, F.A.C., regarding the requirement that applicants for licensure must have achieved all three portions of Part III on the same test attempt score of 75% or better on all 4 parts of the licensure examination within the seven (7) year period immediately preceding application for licensure. The Notice was published in Volume 42, No. 151, of the Florida Administrative Register, on August 4, 2016. The Board, at its meeting held on August 19, 2016, voted to grant the Petition for Variance or Waiver finding that the Petitioner has shown that purpose of the underlying statute has been achieved by other means and/or the application of the rule would violate the principles of fairness for this specific Petitioner.

A copy of the Order or additional information may be obtained by contacting: Anthony B. Spivey, Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257, telephone: [phone] or by electronic mail: [e-mail].