Florida Administrative Codes
28-104
Petitions for Variances/Waivers
28-104.001 FAC | PURPOSE; CONSTRUCTION
28-104.002 FAC | PETITION FOR VARIANCE OR WAIVER
(2) The petition must include the following information:
Petition for (Variance from) or (Waiver of) Rule (Citation)(b) The name, address, any e-mail address, telephone number, and any facsimile number of the petitioner, if the party is not represented by an attorney or a qualified representative;
(c) The name, address, e-mail address, telephone number, and any facsimile number of the attorney or qualified representative of the petitioner, if any;
(d) The applicable rule or portion of the rule;
(e) The citation to the statute the rule is implementing;
(f) The type of action requested;
(g) The specific facts that demonstrate a substantial hardship or a violation of principles of fairness that would justify a waiver or variance for the petitioner;
(h) The reason why the variance or the waiver requested would serve the purposes of the underlying statute; and
(i) A statement whether the variance or waiver is permanent or temporary. If the variance or waiver is temporary, the petition shall include the dates indicating the duration of the requested variance or waiver.
(4) Upon receipt of a petition for variance or waiver, the agency shall furnish a copy of the petition to any other agency responsible for implementing the rule.
28-104.003 FAC | COMMENTS ON PETITION
(2) The agency shall maintain the comments as part of the record.
(3) The right to comment pursuant to this section does not alone confer party status in any proceeding arising from a petition for variance or waiver.
28-104.004 FAC | PETITION FOR EMERGENCY VARIANCE OR WAIVER
(2) In addition to the other requirements of Section 120.542(5), F.S., and this chapter, the petition shall specify:
(b) The specific facts to show that the petitioner will suffer an immediate adverse effect unless the variance or waiver is issued more expeditiously than the time frames provided in Section 120.542, F.S.
28-104.005 FAC | TIME FOR CONSIDERATION OF EMERGENCY PETITION
(2) The agency shall grant or deny a petition for emergency variance or waiver or determine that the request is not an emergency within 30 days of its receipt by the agency. If such petition is not granted or denied within this time limit, the petition shall be deemed approved unless the time limit is waived by the petitioner.
(3) If the agency decides that the situation is not an emergency, the agency shall so notify the petitioner in writing, and the petition shall then be reviewed by the agency on a non-emergency basis as set forth in Section 120.542(7), F.S.
(4) The duration of an emergency variance or waiver shall be determined by the agency.
(5) The agency shall issue a written order granting or denying the petition. The order shall state the facts and reasons supporting the agency’s action.
28-104.0051 FAC | REVOCATION OF EMERGENCY OR TEMPORARY VARIANCE OR WAIVER
(2) The recipient of an emergency or temporary variance or waiver shall respond to the order to show cause why the emergency variance or waiver should not be revoked within 15 days of the mailing date of the order to show cause. Failure to timely respond shall result in a final order revoking the emergency or temporary variance or waiver.
28-104.006 FAC | REQUEST FOR INFORMATION
(2) In its response to a request for information, the agency shall indicate the name, address and e-mail address of the appropriate contact person for additional information and shall indicate how a petition for variance or waiver is filed with the agency.
You might need to reference them during your pursuit of justice.
For instance, you might need to understand certain regulations to recover from the damages that lawbreaking judges/lawyers/agencies have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).
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