Eric A. Neilinger (Petitioner); The Department published notice of receipt of the petition Volume 42, Number 33 of the Florida Administrative Register, on February 18, 2016. The Petition seeks the Department’s opinion as to whether Miami-Dade ...

 

DEPARTMENT OF FINANCIAL SERVICES

NOTICE IS HEREBY GIVEN that the Department of Financial Services (Department) has issued an order disposing of the petition for declaratory statement filed by Eric A. Neilinger (Petitioner) on November 30, 2015. The following is a summary of the agency’s disposition of the petition:

The Department published notice of receipt of the petition Volume 42, Number 33 of the Florida Administrative Register, on February 18, 2016. The Petition seeks the Department’s opinion as to whether Miami-Dade ordinance 14-66 is valid and enforceable and whether the local ordinance takes precedence over the Florida Fire Prevention Code. The Department’s Order stated that Miami-Dade did not transmit the ordinance to the State Fire Marshal. As a matter of law, therefore, the ordinance cannot be enforced. Additionally, the Department cannot answer the petition’s remaining questions concerning approval of petitioner’s permit application. The Department is not authorized to review the AHJ’s permitting decision with regard to a specific project, and it appears there are disputed factual issues concerning the sufficiency of petitioner’s permit application.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Melissa E. Dembicer, Assistant General Counsel, Department of Financial Services, 200 E. Gaines Street, Tallahassee, Florida 32399-0333, [e-mail].