Section 120.52, Florida Statutes defines a “variance” as a decision by an agency to grant a modification to all or part of the literal requirements of an agency rule to a person who is subject to the rule.

Section 120.52, Florida Statutes defines a “waiver” as a decision by an agency not to apply all or part of a rule to a person who is subject to the rule.

Yes, the governing statute is section 120.542, Florida Statutes, and the governing rules are found in Chapter 28-104, Florida Administrative Code, part of the Uniform Rule of Procedure.

Section 120.542(2), Florida Statutes, provides that variances and waivers are to be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person and when application of a rule would create a substantial hardship or would violate principles of fairness.

• “Substantial hardship” means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver.
• “Principles of fairness” are violated when the literal application of a rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule.

Per Rule 28-104.002(1), Florida Administrative Code, requests for a variance or waiver should be filed with this Office. See our main page for our address.

The requirements for a petition for a variance from or waiver of a rule are specified by Rule 28-104.002(2), Florida Administrative Code:

• The caption shall read: Petition for (Variance from) or (Waiver of) Rule (Citation)
• Name, address, email, phone, and fax of petitioner if not represented
• Name, address, email, phone, and fax of attorney or representative, if any
• The applicable rule or portion of the rule
• Citation to the statute the rule implements
• Type of action requested
• Facts demonstrating substantial hardship or violation of fairness
• Reason why the variance or waiver serves the statute's purposes
• Whether the variance or waiver is permanent or temporary, and duration if temporary

The Florida Department of Children and Families will:

• Publish a notice of the request in the Florida Administrative Register.
• Request additional information to enable it to make a decision on the request.
• Issue an order granting or denying the request.

Yes, Rule 28-104.003(1), Florida Administrative Code provides interested persons the ability to submit written comments within 14 days of publication of the notice in the Florida Administrative Register.

You can request an administrative proceeding under Chapter 120, Florida Statutes. The order denying your request will include a notice of administrative appeal rights.