62-330.395. Variances

(1) In addition to a variance available under section 120.542, F.S., the Agencies are authorized to grant a variance from the provisions of section 373.414, F.S., paragraph 62-330.301(1)(e), F.A.C., and rule 62-330.302, F.A.C., pursuant to section 373.414(17), F.S. A person seeking a variance under section 373.414(17), F.S., must demonstrate that any hardship asserted as a basis of the need for a variance is peculiar to the affected property and not self-imposed, and that the grant of a variance will be consistent with the general intent and purpose of this chapter.

(a) Any person seeking a variance under section 373.414(17), F.S., shall file a petition for a variance containing the following information:

1. The petitioner’s name and signature;

2. The statute or rule from which the variance is sought;

3. Facts showing that a variance should be granted for one of the reasons in section 403.201, F.S.;

4. The time period for which the variance is sought, including the reasons and facts supporting the time period;

5. The requirements the petitioner can meet, including the date or time when the requirements will be met;

6. The steps or measures the petitioner is taking to meet the requirement from which the variance is sought. If the request is pursuant to section 403.201(1)(b), F.S., the petitioner shall include a schedule when compliance will be achieved; and

7. The fee prescribed in rule 62-330.071, F.A.C.

(b) The Agency shall review the application within 30 days after receipt to determine if the petition is complete. If the petition is determined to be incomplete, the petitioner shall be afforded an opportunity to supply additional information before the Agency evaluates the petition.

(c) The Agency shall prepare a notice of intended agency action regarding the petition for a variance, and shall publish it one time in the Florida Administrative Register. For variance petitions processed by the Department, the petitioner shall also publish notice of intended agency action one time, at its expense, in a newspaper of general circulation, as defined in section 50.031, F.S., in the county in which the property for which the variance is sought is located. For variance petitions processed by the District, the District will cause the notice of intended agency action to be published, one time, in a newspaper of general circulation, as defined in section 50.031, F.S., in the county in which the property for which the variance is sought is located.

(2) Renewals of variances shall be applied for in the same manner as the initial variance.

Rulemaking Authority 373.043, 373.044, 373.113, 373.4131, 373.414(9), (17) FS. Law Implemented 373.4131, 373.414(9), (17), 403.201 FS. History‒New 10-1-13, Amended 6-1-18.