Dale E. Fey, Jr., Fire Marshal of the North Collier Fire Rescue District; The Petition requests a determination if section 633.303(16)(b)(1), Florida Statutes, applies to marijuana grow/processing facilities located on Agricultural Zoned properties? ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

NOTICE IS HEREBY GIVEN that Department of Financial Services has issued an order disposing of the petition for declaratory statement filed by Dale E. Fey, Jr., Fire Marshal of the North Collier Fire Rescue District on August 13, 2018. The following is a summary of the agency's disposition of the petition: The Petition requests a determination if subparagraph 633.303(16)(b)(1), Florida Statutes, applies to marijuana grow/processing facilities located on Agricultural Zoned properties? Petitioner’s question whether subparagraph 633.202(16)(b)1., Florida Statutes, applies to a marijuana grow/processing facility hinges on whether a marijuana grow/processing facility is classified as a “nonresidential farm building” under section 604.50, Florida Statutes. Pursuant to Section 120.565 and subsection 633.104(6), Florida Statutes, Rule Chapter 28-105, Florida Administrative Code, and Rule 69A-60.007, Florida Administrative Code, the Department has the authority to resolve a controversy or answer questions or doubts concerning the applicability of chapter 633, Florida Statutes, and to issue a declaratory statement with respect thereto. However, the Department lacks the authority for resolving a controversy or answering questions or doubts concerning the applicability of section 604.50, Florida Statutes. The Department lacks authority to issue the requested declaratory statement.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Sarah Marcos at [e-mail].

Please refer all comments to: Sarah Marcos at [e-mail].