Notice of Variances and Waivers

Division of Emergency Medical Operations
64J-1.010: Voluntary Inactive Certification
NOTICE IS HEREBY GIVEN that on February 03, 2009, the Florida Department of Health, Bureau of Emergency Medical Services (EMS) has issued an order.
A petition was filed by Richard F. Mihalich with the Department of Health on November 25, 2008 and published December 12, 2008 in the Florida Administrative Weekly requesting a waiver from paragraph 64J-1.010(3)(d), Florida Administrative Code, which states that a paramedic whose certificate has been on inactive status for more than 1 year must pass the paramedic certification exam. If the applicant fails the exam, he or she must meet the requirements for initial certification.
The Department of Health, Bureau of EMS has denied the request for waiver. The general basis for this decision was that Petitioner did not meet the general requirements for variance:
(a) Petitioner has not demonstrated that the principles of fairness will be violated should Petitioner be required to adhere to the current rule. A letter was sent to Petitioner by the Bureau of EMS outlining all of the requirements to renew his license, in accordance with the rule, before his inactive status expired.
(b) Petitioner has not demonstrated substantial hardship in his petition for waiver.
Wherefore, based on the Findings of Fact and Conclusions of Law, the petition for waiver has been denied.
A copy of the Order may be obtained by contacting: Alexander Macy, Administrative Assistant, Bureau of Emergency Medical Services, 4052 Bald Cypress Way, Bin #C18, Tallahassee, Florida 32399-1738, Fax (850)488-9408, email: