Agency for Persons with Disabilities has issued an Order Denying Petition for Variance from paragraph 65G-5.004(2)(b), F.A.C. filed by Advantage Home Assistant Care, Inc., on September 2, 2011. Paragraph 65G-5.004(2)(b), F.A.C. states that neither ...

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Agency for Persons with Disabilities

RULE NO.: RULE TITLE:
65G-5.004: Selection of Housing.

The Agency for Persons with Disabilities hereby gives notice:
Agency for Persons with Disabilities has issued an Order Denying Petition for Variance from paragraph 65G-5.004(2)(b), F.A.C. filed by Advantage Home Assistant Care, Inc., on September 2, 2011. Paragraph 65G-5.004(2)(b), F.A.C. states that 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.
The following is a summary of the agency’s disposition of this petition: The Agency’s Final Order denies the Petition on the grounds that the Petitioner failed to demonstrate that the application of the rule, as written, would either create a substantial hardship or violate principles of fairness in order to be granted a variance. Additionally, the Petitioner failed to demonstrate that the purpose of the underlying statute would still be achieved if the variance was granted.
A copy of the Order or additional information may be obtained by contacting:
Percy W. “Pete” Mallision, Jr., Agency Clerk, Agency for Persons with Disabilities, 4030 Esplanade Way, Suite 380, Tallahassee, Florida 32399.