0131.2 - VARIANCES AND WAIVERS

The Board is authorized to grant variances and waivers to requirements of these policies consistent with this section under the authority of the Florida statutes.  The Board may limit the duration of any grant of a variance or waiver or otherwise impose conditions on the grant only to the extent necessary for the purpose of the underlying statute to be achieved. 

The Board may not grant variances or waivers to statutes or to policies required by the Federal government for the Board's implementation or retention of any Federally approved or delegated program, except as allowed by the program or when the variance or waiver is also approved by the appropriate agency of the Federal government. 

An individual public employee or group of employees is not a person subject to regulation under this section for the purpose of petitioning for a variance or waiver to a policy that affects a public employee in his/her or their capacities as a public employee.  Similarly, an individual student or group of students is not eligible to petition for variances or waivers.

This section is supplemental to and does not abrogate the variance and waiver provisions in any other statute or policy.

F.S. 120.542

Variances and waivers shall be granted when the person subject to the policy demonstrates that the purpose of the underlying policy will be or has been achieved by other means and when application of the policy would create a substantial hardship or would violate principles of fairness. For purposes of this policy, "substantial hardship" means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver. For the purpose of this policy, "principles of fairness" are violated when the literal application of a policy affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the policy.

The Board shall advise persons of the remedies available through this policy and shall provide copies of this policy and the underlying statute to persons who inquire about the possibility of relief from policy requirements.

A person who is subject to regulation by a Board policy may file a petition with the Board, with a copy to the Superintendent, requesting a variance or waiver from a Board policy. Each petition shall specify the following:

1. policy from which a variance or waiver is requested;
2. type of action requested;
3. specific facts that would justify a waiver or variance for the petitioner; and
4. reasons why the variance or the waiver requested would serve the purposes of the underlying statute or policy.

Within fifteen (15) days after receipt of a petition for variance or waiver, the Board shall provide notice of the petition to the Department of State, which shall publish notice of the petition. The notice shall contain the name of the petitioner, the date the petition was filed, the policy number and nature of the policy from which variance or waiver is sought, and an explanation of how a copy of the petition can be obtained. The policy shall provide a means for interested persons to provide comments on the petition.

Except for request for emergency variances or waivers, within thirty (30) days after receipt of a petition for a variance or waiver, the Board shall review the petition and request submittal of all additional information that the Board is permitted by law to require. Within thirty (30) days after receipt of such additional information, the Board shall review it and may request only that information needed to clarify the additional information or to answer new questions raised by or directly related to the additional information. If the petitioner asserts that any request for additional information is not authorized by law or by policy of the Board, the Board shall proceed, at the petitioner's written request, to process the petition.

The Board shall grant or deny a petition for variance or waiver within ninety (90) days after receipt of the original petition, the last item of timely requested additional material, or the petitioner's written request to finish processing the petition. A petition not granted or denied within ninety (90) days after receipt of a completed petition is deemed approved. A copy of the order granting or denying the petition shall be filed with the Superintendent and shall contain a statement of the relevant facts and reasons supporting the Board's action. The Board shall publish notice of the disposition of the petition. The notice shall contain the name of the petitioner, the date the petition was filed, the policy number and the nature of the policy from which the waiver or variance is sought, a reference to the place and date of publication of the notice of the petition, the date of the order denying or approving the variance or waiver, the general basis for the Board's decision, and an explanation of how a copy of the order can be obtained. The Board's decision to grant or deny the petition shall be supported by competent substantial evidence and is subject to Florida statutes. Any proceeding pursuant to Florida statutes, in regard to a variance or waiver shall be limited to the Board's action on the request for the variance or waiver, except that a proceeding in regard to a variance or waiver may be consolidated with any other proceeding authorized by law.

F.S. 120.542, 120.569, 120.57

The Board shall maintain a record of the type and disposition of each petition, including temporary or emergency variances and waivers, filed pursuant to this policy.

Revised 7/10/18
Reviewed 10/10/23

© Neola 2013