This matter came before the Department of Highway Safety and Motor Vehicles (Department) upon the Petition for Variance or Waiver from 15A-10.014(2)(d), Florida Administrative Code, filed by Petitioner, West Central Florida Driver Improvement, Inc., ...  

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    DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

    Division of Driver Licenses

    RULE NO.:RULE TITLE:

    15A-10.014Cost Standards and Allocations

    The Department of Highway Safety and Motor Vehicles hereby gives notice:

    This matter came before the Department of Highway Safety and Motor Vehicles (Department) upon the Petition for Variance or Waiver from paragraph 15A-10.014(2)(d), Florida Administrative Code, filed by Petitioner, West Central Florida Driver Improvement, Inc., on January 10, 2017, and published in the Florida Administrative Register on January 24, 2017, Vol. 43, No. 15. The Department has carefully considered the Petition and finds that the Petition should be granted, as set forth below.

    Paragraph 15A-10.014(2)(d), Fla. Admin. Code, provides that “Contributions to retirement cannot exceed the percentage of gross compensation contributed by the employer of members of the Regular Class of the Florida Retirement System pursuant to Section 121.071, Florida Statutes.”

    The Department finds that the Petition demonstrates that the underlying purpose of the statute has or will be achieved by the Petitioner and that the application of the rule creates a substantial hardship or violates principles of fairness. Petitioner is granted a variance from the rule in order to continue contributing 3% with up to an additional 1.5% match to its employees’ 403(b) retirement plan.

    ACCORDINGLY, it is hereby ORDERED that the Petition for Variance From or Waiver of paragraph 15A-10.014(2)(d) is GRANTED.

    DONE AND ORDERED this 3rd day of April, 2017, in Tallahassee, Leon County, Florida.

    A copy of the Order or additional information may be obtained by contacting: Division of Administrative Hearings.

Document Information

Contact:
Division of Administrative Hearings.
Related Rules: (1)
15A-10.014. Cost Standards and Allocations