J. Tucker, Trustee; The South Florida Water Management District issued Final Order No. 2014-___-DS-ERP (Final Order Denying Petition for Declaratory Statement) on April 10, 2014, at a public meeting held at the District's headquarters in West Palm ...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

NOTICE IS HEREBY GIVEN that the South Florida Water Management District (District) has issued an order disposing of the petition for declaratory statement filed by J. Tucker, Trustee on January 16, 2014.

The following is a summary of the agency’s disposition of the petition:

The South Florida Water Management District issued Final Order No. 2014-027-DS-ERP (Final Order Denying Petition for Declaratory Statement) on April 10, 2014, at a public meeting held at the District’s headquarters in West Palm Beach, Florida. The Petition for Declaratory Statement failed to meet the statutory and rule requirements of Section 120.565, Fla. Stat., and Rule 28-105.001, Fla. Admin. Code, for a Petition seeking a declaratory statement. Specifically, the Petition was denied for the following reasons:

1.      The Petition does not apply to the Petitioner’s particular set of circumstances. Petitioner did not state with particularity his particular set of circumstances which would entitle him to seek a declaratory statement as required by Section 120.565, Fla. Stat.
2.    Pursuant to Rule 28-105.001, Fla. Admin. Code, a declaratory statement is not the appropriate means for determining the conduct of another person. The Petition for Declaratory Statement filed by J. Tucker, Trustee, pertains to the conduct of another person, the City of Sunny Isles Beach. Additionally, the Petition asks about the District’s ability to apply penalties to another person, the City. The interest set forth by the Petitioner pertains to the “Public at large,” rather than the Petitioner in his particular set of circumstances. The Petition did not seek the agency’s opinion as it applies to the Petitioner. Consequently, the Petition fails to meet the statutory and rule requirements that the Petition address the Petitioner’s particular circumstances.
3. Petitioner failed to set forth an “applicable statutory provision, rule, or order that may apply.” Petitioner did not cite any statutory provision or rule within the District’s jurisdiction that would apply to the Petitioner's particular set of circumstances.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Jacki McGorty, District Clerk, South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, [e-mail], 1(800)432-2045, ext. 2087 or [phone].