the City of Hialeah’s Petition for Variance of Section IX(H) of the Public Library Construction Grant Guidelines. The subject Guidelines are incorporated by reference into Rule 1B-2.011, F.A.C., and give a recipient of a Public Library Construction ...

 

DEPARTMENT OF STATE
Division of Library and Information Services

NOTICE IS HEREBY GIVEN that on March 21, 2006 the Department of State filed the City of Hialeah’s Petition for Variance of Section IX(H) of the Public Library Construction Grant Guidelines. The subject Guidelines are incorporated by reference into Rule 1B-2.011, F.A.C., and give a recipient of a Public Library Construction Grant, 540 days from the date of the grant award to place the construction project under contract, unless the recipient is involved in litigation. Notice of this petition was published in the April 14, 2006 issue of the Florida Administrative Weekly. On May 23, 2006, the Department of State entered an order disposing of this petition by granting the requested variance, and extending the deadline to enter into a construction contract by 90 days, or until June 30, 2006. The general basis for the Department of State’s decision is that even though the petitioner exercised due diligence in meeting this deadline, hurricane response and recovery efforts required as a result of a series of hurricanes in the Fall of 2005, particularly Hurricane Wilma, significantly delayed the City of Hialeah’s progress in meeting the subject deadline. Because the City would forfeit a $500,000 grant if the Department of State literally applied the subject rule to the petitioner, and because the delay was outside of the control of the petitioner, relief was granted, as strict application of the rule at issue would violate principles of fairness.
A copy of the Petition for Variance or Waiver may be obtained by contacting: Lisa Ginn, Agency Clerk, Office of the General Counsel, Department of State, 500 South Bronough Street, Tallahassee, FL 32399-0250.