Richard Miles, Certified Pest Control Operator, 7008 Bayard Road, Ft. Pierce, Florida 34951, Agency Number A-40507.; The petition requesting a declaratory statement regarding the definition of “customer” per Chapter 482, Florida Statutes and “...

The petition requesting a declaratory statement regarding the definition of “customer” per Chapter 482, Florida Statutes and “requested by” on the Wood Destroying Organism (WDO) report, Department of Agriculture and Consumer Services form 13645, was denied and dismissed for the following reasons:

1) The petition did not specify the statutory provision, rule, or order that the petitioner believed might apply to the set of circumstances nor did it state the statutory provision, agency rule or order on which the declaratory statement was sought;

2) The petition did not describe how, applying any statute, rule or order over which the Department had authority, the definition of “customer” per Chapter 482 or the definition of “requested by” on DACS form 13645 would resolve any questions or doubts as to how any statute, rule, or order might apply to the petitioner’s particular set of circumstances;

3) The petition did not state the potential impact that any statute, rule or order might have upon the petitioner’s interests nor did it state what particular statute, rule or order that the petitioner might be in violation of, without clarification as to the definition of “customer” and “requested by.”

A copy of the Order Denying and Dismissing Petition for Declaratory Statement, Agency Number A40507, may be obtained by writing: Paul Palmiotto, Agency Clerk, State of Florida Department of Agriculture and Consumer Services, 407 South Calhoun Street, Mayo Building, Mail Stop M12, Tallahassee, Florida 32399.

 

Department of Agriculture and Consumer Services

Office of the General counsel, Suite 520 – Mayo Building, Mail Stop M-11

Telephone:  [phone]             Facsimile:  850/245-1001