Tom Perugini; The petitioner seeks the guidance of the Division as to the type of liquor license required to engage in the conduct described in the petition. The Division is the State Agency responsible for the administration and enforcement of the ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

NOTICE IS HEREBY GIVEN that The Department of Business and Professional Regulation, the Division of Alcoholic Beverages and Tobacco has declined to rule on the petition for declaratory statement filed by Tom Perugini on October 10, 2016. The following is a summary of the agency’s declination of the petition:

The petitioner seeks the guidance of the Division as to the type of liquor license required to engage in the conduct described in the petition. The Division is the State Agency responsible for the administration and enforcement of the Beverage Law (Chapters 561, 562, 564, 565, 567, and 568, Florida Statutes) and has jurisdiction over this matter pursuant to the Beverage Law and to Section 120.565, Florida Statutes. Section 120.565, Florida Statutes, provides: (1) Any substantially affected person may seek a declaratory statement regarding an agency’s opinion as to the applicability of a statutory provision, or of any rule or order of the agency, as it applies to the petitioner’s particular set of circumstances. (2) The petition seeking a declaratory statement shall state with particularity the petitioner’s set of circumstances and shall specify the statutory provision, rule, or order that the petitioner believes may apply to the set of circumstances. Rule 28-105.002, Florida Administrative Code, provides: A petition seeking a declaratory statement shall be filed with the clerk of the agency that has the authority to interpret the statute, rule, or order at issue and shall provide the following information: […] (4) The statutory provision(s), agency rule(s), or agency order(s) on which the declaratory statement is sought. (5) A description of how the statutes, rules, or orders may substantially affect the petitioner in the petitioner's particular set of circumstances. […] The petition fails to cite a statutory provision, agency rule, or agency order on which the declaratory statement is sought and therefore, also fails to describe with particularity how the said statute, rule, or order substantially affects the petitioner’s particular set of circumstances. Consequently, the Division finds that the petition fails to establish that petitioner is a substantially affected person so as to confer standing to seek a declaratory statement. The final Order Denying Petition for Declaratory Statement was filed on December 6, 2016.

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

Please refer all comments to: Magdalena Ozarowski, Esq., Office of the General Counsel, 2601 Blair Stone Road, Tallahssee, FL 32399-2202, [phone], [e-mail]. DS #: 2016-077, DBPR Ref #: 2016-049026.