Notice of Variances and Waivers
RULE NO.: RULE TITLE:9K-7.003
: General Requirements and Eligibility Standards9K-7.007
: Project Evaluation Criteria
The Department of Community Affairs hereby gives notice:
that a Final Order Granting Petition for Waiver has been issued.
NAME OF PETITIONER: Town of Bay Harbor Islands.
DATE PETITION WAS FILED: May 2, 2011. It was assigned the number DCA11-WAI-083.
RULE NUMBER AND NATURE OF RULE FROM WHICH VARIANCE OR WAIVER IS SOUGHT: Subsection 9K-7.003(9), Florida Administrative Code, states that Applicant must acquire property either 24 months prior to, or 24 months after, the Application deadline. Applicant has acquired property outside of that time frame but was unable to apply for grant funds due to lack of Florida Forever funding and therefore seeks a waiver of this rule.
Paragraph 9K-7.007(1)(a), Florida Administrative Code, states the Applicant can receive ten points on their Application if they have acquired the property within the 24 month deadline. Applicant has acquired property outside of that time frame but was unable to apply for grant funds due to lack of Florida Forever funding and therefore seeks a waiver of this rule.
A REFERENCE TO THE PLACE AND DATE OF PUBLICATION OF THE NOTICE OF THE PETITION: Vol. 37, No. 19, May 13, 2011, issue of the Florida Administrative Weekly.
THE DATE OF THE ORDER DENYING OR APPROVING THE VARIANCE OR WAIVER: June 13, 2011
THE GENERAL BASIS FOR THE AGENCY DECISION: The Department found the Petitioner had satisfied the substantial hardship provision of Section 120.542(2), F.S. A strict application of subsections 9K-7.007(1) and 9K-7.003(9), F.A.C., would create an economic hardship to the Petitioner and violate the principle of fairness. Based upon the facts presented, the Department decided to grant a temporary waiver of the above mentioned rules.
A copy of the Order or additional information may be obtained by contacting:
Paula P. Ford, Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, e-mail: email@example.com.