from Townhomes of Suntree, represented by James M. Nicholas, Esquire, Petitioner’s Attorney, filed February 26, 2007.; More specifically, does Brevard County fall within a “High-Velocity Hurricane Zone” as defined by Section 1521 of the Code, and ...

 

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal

NOTICE IS HEREBY GIVEN THAT Division of State Fire Marshal has received the petition for declaratory statement from Townhomes of Suntree, represented by James M. Nicholas, Esquire, Petitioner’s Attorney, filed February 26, 2007. The petition seeks the agency’s opinion as to the applicability of Florida Building Code, Section 1521.4 to Brevard County, Florida, as it applies to the petitioner.

More specifically, does Brevard County fall within a “High-Velocity Hurricane Zone” as defined by Section 1521 of the Code, and therefore, subject to the requirements of Sec. 1521.4. A Declaratory Statement will bring resolve to an ongoing dispute between the Petitioner’s appraiser and the appraiser selected by State Farm Insurance Company, which takes the position that Brevard County is not within a High-Velocity Hurricane Zone, and therefore, the “25% Rule” set forth in Section 1521.4 does not apply. The Petitioner disagrees since the Map clearly includes Brevard County, and legal counsel for DFS (Mr. Richard Kessler, Esquire) had previously expressed the opinion of DFS that Brevard County is, indeed, included in the High Velocity Hurricane Zone as defined by Section 1512 of the Code.

A copy of the Petition for Declaratory Statement may be obtained by contacting: Lesley Mendelson, Assistant General Counsel, 200 East Gaines Street, Tallahassee, Florida 32399-0340, [phone], or [phone]; Fax [phone] or [phone] (please advise if you would like it mailed or faxed to you and please include your phone number on your request in case any question arises), or by e-mailing your request to [e-mail].