Douglas D. Adkins, Executive Director, Dayspring Village, Inc.; Petitioner's request for declaratory statement under section 120.565, Florida Statutes, seeking instruction and clarification on applicable aspects of the National Fire Protection ...

 

DEPARTMENT OF ELDER AFFAIRS
Federal Aging Programs

NOTICE IS HEREBY GIVEN that The Department of Elder Affairs has issued an order disposing of the petition for declaratory statement filed by Douglas D. Adkins, Executive Director, Dayspring Village, Inc. on December 12, 2012. The following is a summary of the agency's disposition of the petition.
Petitioner's request for declaratory statement under section 120.565, Florida Statutes, seeking instruction and clarification on applicable aspects of the National Fire Protection Association Life Safety Code in relation to both existing and planned assisted living facilities was granted in part and denied in part by the Department. Although section 429.41, Florida Statutes, directly addressed several of Petitioner's inquiries, the Department declined to issue a declaratory statement in response to portions of the Petition on procedural grounds, as those particular aspects of the Petition should have properly been raised to the Department of Financial Services, Division of State Fire Marshal if Petitioner is seeking administrative clarification and guidance.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Tony DePalma, Assistant General Counsel, Department of Elder Affairs, 4040 Esplanade Way, Suite 315, Tallahassee, Florida 32399-7000, [e-mail].

Please refer all comments to: Tony DePalma, Assistant General Counsel, Department of Elder Affairs, 4040 Esplanade Way, Suite 315, Tallahassee, Florida 32399-7000, [e-mail].