issued a Notice of Intent to Deny the Petition for Variance filed on June 19, 2012, by Michael J. Giese, O.D. The Notice of Petition for Variance or Waiver was published in Volume 38, No. 26, of the June 29, 2012, Florida Administrative Register. ...

 

DEPARTMENT OF HEALTH

Board of Optometry

RULE NO.:RULE TITLE:

64B13-4.001Examination Requirements

NOTICE IS HEREBY GIVEN THAT the Board of Optometry has issued a Notice of Intent to Deny the Petition for Variance filed on June 19, 2012, by Michael J. Giese, O.D.  The Notice of Petition for Variance or Waiver was published in Volume 38, No. 26, of the June 29, 2012, Florida Administrative Register. The Petitioner, an out of state optometrist who holds a teaching certificate in Florida, has applied for an optometrist license, and for the reasons stated in the petition seeks a variance or waiver of Rule 6B13-4.001, Florida Administrative Code, with regards to the requirement that applicants submit scores on the national licensing exam taken no longer than 7 years prior to application. The Board considered the Petition at a duly-noticed public meeting held on July 11, 2012.

The Board’s Order, filed on July 31, 2012, denies issuing a variance or waiver in response to this petition because no provision exists within Rule 64B13-4.001, F.A.C., allowing conversion from a teaching certificate to a certified optometrist license from which a variance can be granted. In addition, Rule 64B13-14.001, F.A.C. further defines Section 463.006, Florida Statutes, which requires an applicant for licensure to take and pass an examination prior to issuance of a license. The Board does not have authority to waive provisions of statute.

A copy of the Order may be obtained by contacting: William Miller, Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257.