Section 120.542 sets forth the time frames for non-emergency petitions for variance or waiver.
Non-Emergency Petition for Variance or Waiver An emergency petition which is not granted or denied within 30 days shall be deemed approved unless the 30 day time limit is waived by the petitioner. The agency is required to grant or deny an emergency variance or waiver, or determine that the request is not an emergency, within 30 days of its receipt by the agency. If the agency determines that the situation is not an emergency, the petition will then be reviewed on a non-emergency basis under the timeframes set forth in the statute, which is discussed below.
specific facts that show that the petitioner will suffer immediate adverse effect if the variance or waiver is not issued more expeditiously than the statutory time frames. specific facts that make the situation an emergency and. In addition to those matters that must be set forth in a non-emergency petition for a variance or waiver, the rule requires an emergency petition for a variance or waiver set forth: Violation of principles of fairness for purposes of an application for variance or waiver means that 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 subject to the rule.Įmergency Petition for Variance or WaiverĬhapter 28-104, Florida Administrative Code, creates a procedure for a petition for emergency variance or waiver. Substantial hardship is defined as an economic, technological, legal, or other type of hardship to the petitioner requesting the variance or waiver. application of the rule would create a substantial hardship or would violate principles of fairness. the purpose of the underlying rule will be or has been achieved by other means and. Read the AHCA rule and a copy of the DOEA rule.Ĭhapter 120.542, Florida Statutes, authorizes agencies to grant a variance or waiver with respect to a rule when the petitioner files an application demonstrating that: 
Such acquisition and installation must be pursuant to a plan submitted to either AHCA (for nursing homes) or DOEA (for ALFs) and the applicable local emergency management agency by Oct. 16, 2017, the Agency for Health Care administration (AHCA) and the Department of Elder Affairs (DOEA) each issued emergency rules that require nursing homes and assisted living facilities (ALFs) located in Florida to obtain generators and fuel to power air conditioning sufficient to cool the facilities to not more than 80 degrees for up to 96 hours following a power outage by Nov.
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