On February 23, 2020, the Agency received a petition for variance and/or waiver of subsection 65G-2.015(6), Florida Administrative Code (“Rule”), from Ornella Brasby on behalf of Hearts that Cares, Inc. (“Petitioner”). On March 10, 2020, the Agency ...  

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    DEPARTMENT OF CHILDREN AND FAMILIES

    Agency for Persons with Disabilities

    RULE NO.:RULE TITLE:

    65G-2.015Siting

    The Agency for Persons with Disabilities ("Agency") hereby gives notice: On February 23, 2020, the Agency received a petition for variance and/or waiver of subsection 65G-2.015(6), Florida Administrative Code (“Rule”), from Ornella Brasby on behalf of Hearts that Cares, Inc. (“Petitioner”). On March 10, 2020, the Agency published the notice of petition for variance and/or waiver in Vol. 46 No. 48 of the Florida Administrative Register. The Rule states in pertinent part, “licensure of any facility located within 1,000 feet of another facility can only occur if a variance is first granted by the appropriate local government unit in accordance with the provisions of section 419.001, F.S.” Section 419.001, Florida Statutes, provides in pertinent part, “Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be allowed in single-family or multifamily zoning without approval by the local government, provided that such homes are not located within a radius of 1,000 feet of another existing such home with six or fewer residents or within a radius of 1,200 feet of another existing community residential home.” The City of Gainesville denied Petitioner’s request for a variance on or around February 21, 2020.

    Because section 120.542(1), Fla. Stat., provides, “This section does not authorize agencies to grant variances or waivers to statutes. . .” and granting such a waiver would contravene the plain language of 419.001, Fla. Stat., the Agency denied this request for variance and/or waiver to the Rule in a Final Order dated April 16, 2020.

    A copy of the Order or additional information may be obtained by contacting: Danielle Thompson, Senior Attorney, Agency for Persons with Disabilities, 4030 Esplanade Way, Suite 335, Tallahassee, Florida 32399-0950, (850)922-4556, Danielle.Thompson@apdcares.org.

Document Information

Contact:
Danielle Thompson, Senior Attorney, Agency for Persons with Disabilities, 4030 Esplanade Way, Suite 335, Tallahassee, Florida 32399-0950, (850) 922-4556, Danielle.Thompson@apdcares.org.
Related Rules: (1)
65G-2.015. Siting