Craig Grodman; The Notice of Petition for Declaratory Statement was published in Volume 42, No. 72, of the April 13, 2016 issue of the Florida Administrative Register. The Board considered the Petition at a duly-noticed public meeting held on May 10,...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Auctioneers

NOTICE IS HEREBY GIVEN that the Board of Auctioneers has declined to rule on the petition for declaratory statement filed by Craig Grodman on March 21, 2016. The following is a summary of the agency’s declination of the petition:

The Notice of Petition for Declaratory Statement was published in Volume 42, No. 72, of the April 13, 2016 issue of the Florida Administrative Register. The Board considered the Petition at a duly-noticed public meeting held on May 10, 2016. The Petitioner did not state which Florida Statute or Rule that the Petitioner sought the Board to interpret. The Petitioner requested the Board’s interpretation on whether an auction owner or member of an auction owner’s family could bid on items at an auction and whether it is unethical to allow online auctions. The Board’s Order, filed on May 19, 2016, denies the Petition on the following grounds: the Petition for Declaratory Statement fails to show how the Petitioner is a substantially affected person; the Petition for Declaratory Statement fails to ask this 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; the Petition for Declaratory Statement fails to state with particularity the Petitioner’s set of circumstances and fails to specify the statutory provision, rule or order that the Petitioner believes may apply to this set of circumstances; the Petition for Declaratory Statement fails to comply with Section 120.565(1), Florida Statutes, in that neither question it poses seeks a declaratory statement regarding the 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; the Petition for Declaratory Statement fails to comply with Section 120.565(2), Florida Statutes, in that neither question it poses states with particularity the Petitioner’s set of circumstances and fails to specify the statutory provision, rule or order that the Petitioner believes may apply to the set of circumstances; and the Petition for Declaratory Statement fails to comply with the minimum requirements of Section 120.565, Florida Statutes.

A copy of the Order Declining the Petition for Declaratory Statement may be obtained by contacting: Krista Woodard, Executive Director, Board of Auctioneers, 2601 Blair Stone Road, Tallahassee, Florida 32399, [e-mail].