Filing a Petition for Waiver or Variance

Variances and waivers shall be granted when the person subject to the rule demonstrates the following:

1. The purpose of the underlying statute will be or has been achieved by other means;
   AND
2. When application of the rule would create a substantial hardship ("substantial hardship" means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance)
   
   OR
   
   Violate principles of fairness ("principles of fairness" are violated 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 who are subject to the rule).

Chapter 120.542, Florida Statutes: Variances and waivers

Rule 28-104.002, F.A.C.: Petition for Variance or Waiver

Note: This section does not authorize the Board to grant variances or waivers to statutes or to rules required by the Federal Government for the agency'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.