Kelly Wilse,; The Notice of Petition for Declaratory Statement was published in Volume 39, No. 209, of the October 25, 2013, Florida Administrative Register. The Board considered the Petition at a duly-noticed public meeting held on November 8, 2013....

 

DEPARTMENT OF HEALTH

Board of Opticianry

NOTICE IS HEREBY GIVEN that Board of Opticianry has declined to rule on the petition for declaratory statement filed by Kelly Wilse, on October 11, 2013. The following is a summary of the agency’s declination of the petition:

The Notice of Petition for Declaratory Statement was published in Vol. 39, No. 209, of the October 25, 2013, Florida Administrative Register. The Board considered the Petition at a duly-noticed public meeting held on November 8, 2013. The petition sought the Board’s guidance regarding Section 484.002(3), Florida Statues, and whether the taking of payment of a sales transaction when the optician is not on the premises, where no optical device has been interpreted, measured, prepared or dispensed to a patient is considered the practice of opticianry. The Board’s Order, filed on December 4, 2013, declines to issue a declaratory statement because Section 484.002(3), Florida Statutes, is clear on its face.

A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Sue Foster, Executive Director, Board of Opticianry, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3258 or at [e-mail], [phone].