NOTICE IS HEREBY GIVEN that on January 20, 2006 The Board of Dentistry, received a petition for Susan Sheahan, D.M.D. The Notice of Petition for Variance was published in Volume 32, No. 03, of the January 20, 2006, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on February 10, 2006.
The Board’s Order, filed on February 27, 2006, denies the Petition for Variance or Waiver, finding that Petitioner has not met the requirements of Section 120.542(2) of the Florida Statutes. Specifically, Petitioner has failed to demonstrate how the purpose of the underlying statute would be achieved by other means. Additionally, Petitioner failed to demonstrate that principles of fairness would be violated by denial of the petition and failed to demonstrate that literal application of the rule affects Petitioner in a manner significantly different from other dentists subject to the rule. Moreover, Petitioner has failed to comply with Sections 120.542(2), 120.542(5) and 120.542(5)(d) of the Florida Statutes and Rules 28-104.001(1), 28-104.002(2)(e), and 28-104.002(1)(g) of the Florida Administrative Code. Based upon the foregoing, the Board determined that Petitioner is not eligible for a waiver or variance of Section 64B7-14.005, F.A.C.
A copy of the Petition for Variance or Waiver may be obtained by contacting: Sue Foster, Executive Director, Board of Dentistry, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3258.