Mark Cavinee; The petitioner had requested a declaratory statement on whether Section 1013.33(15)(a), F.S. conflicts with the Florida Fire Prevention Code, Rule 69A-58.0082(1)(a), FAC., with respect to local government approval for the placement of ...

 

DEPARTMENT OF EDUCATION
State Board of Education

NOTICE IS HEREBY GIVEN THAT the Department of Education has issued an order disposing of the petition for declaratory statement filed by Mark Cavinee on August 22, 2007. The following is a summary of the agency's disposition of the petition:

The petitioner had requested a declaratory statement on whether Section 1013.33(15)(a), F.S. conflicts with the Florida Fire Prevention Code, paragraph 69A-58.0082(1)(a), F.A.C., with respect to local government approval for the placement of portable classroom facilities and whether Section 1013.371(1)(a), F.S., requires a school board to follow local land development code. The Petition for Declaratory Statement is denied because the Florida Department of Education does not have jurisdiction to implement or to interpret the statutes and rules in question and because the declaratory process does not allow for the consideration of agency action after the fact.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Lynn Abbott, Agency Clerk, Department of Education, 325 West Gaines Street, Room 1514, Tallahassee, Florida 32399-0400, [phone].