Miguel R. Rodriguez; The Notice of Petition for Variance or Waiver was published in Vol. 35, No. 4, of the January 30, 2009, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on February 9, 2009. ...

DEPARTMENT OF HEALTH
Board of Opticianry

NOTICE IS HEREBY GIVEN THAT the Board of Opticianry has declined to rule on the petition for declaratory statement filed by Miguel R. Rodriguez on December 12, 2008. The following is a summary of the agency's declination of the petition:
The Notice of Petition for Variance or Waiver was published in Vol. 35, No. 4, of the January 30, 2009, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on February 9, 2009. The Board’s Order, filed on March 2, 2009, denies the Petition for Variance or Waiver of Rule 64B12-9.016, Florida Administrative Code. The Board finds that the Petitioner has not established that the purpose of the underlying statute, Section 484.007(1)(d)2., Florida Statutes, would be met were he granted a variance or waiver from Rule 64B12-9.016, Florida Administrative Code. Further, the Petitioner failed to establish that the Board’s application of Rule 64B12-9.016, Florida Administrative Code, to his circumstances would violate the principles of fairness and would impose a substantial hardship on him.
A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Sue Foster, Executive Director, Board of Opticianry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258.