Abstract

LOOSENING THE CHAINS THAT BIND: THE NEW VARIANCE AND WAIVER PROVISION IN FLORIDA'S ADMINISTRATIVE PROCEDURE ACT

DONNA E. BLANTON AND ROBERT M. RHODES

Copyright 1997 Florida State University Law Review

The variance and waiver provision may be the most significant aspect of the revised APA. This Article discusses the genesis of the variance and waiver provision in the Governor's Administrative Procedure Act Review Commission and the development of the section's specific provisions. Additionally, parts III and IV of the Article address the requirements of section 120.542, Florida Statutes , both for agencies and for regulated citizens, and discuss issues that may arise as agencies begin to receive and act on petitions under this new section. Finally, part V concludes that the variance and waiver provision may be the means through which common sense is brought into government decisionmaking.


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