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 notice of the petition was published on March 17, 2015, in ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Agency for Persons with Disabilities

RULE NO.:RULE TITLE:

65G-2.007General Standards

The Agency for Persons with Disabilities hereby gives notice:

That on March 12, 2015, the Agency for Persons with Disabilities, received a petition for a variance from paragraph 65G-2.007(12)(e), F.A.C., from Advocates, Inc., Lakeside Group Home. The notice of the petition was published on March 17, 2015, in Vol. 41, No. 52 of the Florida Administrative Register. 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. requested 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. The Agency agreed that removal of the fence would be an additional cost and would constitute an unnecessary financial hardship to the Petitioner and, given the present physical limitations of the current residents, would serve no purpose since adding a foot to the height of the fence would not have any measurable impact on the safety provided by the current fence. The variance shall remain in effect as long as the petitioner serves exclusively residents that are non-ambulatory. The order granting the petition was issued on May 29, 2015.

A copy of the Order or additional information 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].