Chris L. Harriman; The petition for declaratory statement has been denied. If Petitioner is seeking a declaratory statement on behalf of the VFW, Petitioner has failed to demonstrate that his organization has standing to petition for a declaratory ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

NOTICE IS HEREBY GIVEN that the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco has declined to rule on the petition for declaratory statement filed by Chris L. Harriman on October 11, 2016. The following is a summary of the agency’s declination of the petition:

The petition for declaratory statement has been denied. If Petitioner is seeking a declaratory statement on behalf of the VFW, Petitioner has failed to demonstrate that his organization has standing to petition for a declaratory statement on its members behalf. Also, declaratory statements may not be used as a vehicle for the adoption of broad agency policies. The Division is unable to exceed authority granted by the legislature and issue a response that amounts to a rule, pursuant to Section 120.52(16) Florida Statutes. The final Order Denying Petition for Declaratory Statement was filed on January 9, 2017.

A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Agency Clerk's Office, 2601 Blair Stone Road, Tallahassee, FL 32399-2202, [phone], [e-mail].

Please refer all comments to: Daniel McGinn, Esq., Office of the General Counsel, 2601 Blair Stone Road, Tallahassee, FL 32399-2202, [phone] [e-mail], DS No.:2016-075 DBPR No.:2016-047430.