On November 5, 2014, the Department of Health issued an order in response to a petition for a variance filed on August 27, 2014, by Francis Mc Mahon, representing Kellygreen Innovations, LLC. Petitioner sought a variance from Rule 64E-6.009(5)(a)23....

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NO.:RULE TITLE:

64E-6.009Alternative Systems

The Florida Department of Health hereby gives notice:

On November 5, 2014, the Department of Health issued an order in response to a petition for a variance filed on August 27, 2014, by Francis Mc Mahon, representing Kellygreen Innovations, LLC. Petitioner sought a variance from subparagraph 64E-6.009(5)(a)23, Florida Administrative Code, which requires drip irrigation systems to only use components approved by the Bureau of Environmental Health. Notice of the petition was published in the September 5, 2014, edition of the Florida Administrative Register.

The Department found that the Petitioner failed to demonstrate that the underlying intent of the statute could be achieved by alternative means and that strict application of the rules would violate principles of fairness and would create a substantial hardship in the Petitioner’s particular circumstance. Therefore, pursuant to the requirements of Section 120.542(2), Florida Statutes, the Department DENIED Petitioner’s request for a variance.

A copy of the Order or additional information may be obtained by contacting: Agency Clerk, Department of Health, Office of the General Counsel, 4052 Bald Cypress Way, Bin A02, Tallahassee, Florida 32399-1703.