a variance from Rule 65G-2.007(12)(e), from Advocates, Inc., Lakeside Group Home. The rule states in part, “the facility shall provide fencing of at least four feet in height in areas identified by the Agency as Hazardous”. Advocates, Inc. is ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Agency for Persons with Disabilities

RULE NO.: RULE TITLE:

65G-2.007: General Standards

NOTICE IS HEREBY GIVEN that on March 12, 2015, the Agency for Persons with Disabilities, received a petition for a variance from subsection 65G-2.007(12)(e), F.A.C., from Advocates, Inc., Lakeside Group Home. The rule states in part, “the facility shall provide fencing of at least four feet in height in areas identified by the Agency as Hazardous”. Advocates, Inc. is requesting a variance from the requirement of a four foot fence and for the Agency to allow a three foot fence because its residents are wheelchair bound and unable to walk to any area of the outside the fenced area without staff assistance. Petitioners state that “…the fence was built…for the residents to sit on the lanai or go down to the dock and feed the fish, without obstruction of their view to the outside”. Petitioners also state that, “[l]ooking over a 4 foot fence would be difficult for the normal wheelchair person and our residents are strapped in, many in a recline position at most times due to their disabilities.” Petitioners further state that “[t]here is no reason a 4 foot fence would provide [an] additional safety benefit for the residents.”

A copy of the Petition for Variance or Waiver may be obtained by contacting: David De La Paz, Esq., Agency Clerk, Agency for Persons with Disabilities, 4030 Esplanade Way, Suite 380, Tallahassee, Florida 32399-0950, [e-mail].