the Sarasota Manatee Airport Authority (the “SMAA”); The Notice of Petition for Declaratory Statement was published June 20, 2014 in Vol. 40, No. 120 of the Florida Administrative Register. The Petitioner sought a determination by the Department as ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

NOTICE IS HEREBY GIVEN that the Department of Financial Services (the “Department”) has issued an order disposing of the petition for declaratory statement filed by the Sarasota Manatee Airport Authority (the “SMAA”) on September 9, 2014. The following is a summary of the agency's disposition of the petition:

The Notice of Petition for Declaratory Statement was published June 20, 2014 in Vol. 40, No. 120 of the Florida Administrative Register. The Petitioner sought a determination by the Department as to the interpretation of Section 633.118, Florida Statutes, to determine whether the SMAA is a special fire service provider; and whether it has the authority to function as the authority having jurisdiction to enforce chapter 633, Florida Statutes, within an enclave of airport lands sandwiched between the boundaries of adjacent independent fire control districts. The Petition was answered in the affirmative that the SMAA is a special district and employs firefighters who have responsibilities for fire protection pursuant to Section 633.102, Florida Statutes. Consequently, according to Section 633.118, Florida Statutes, the SMAA could be authorized to enforce the Florida Fire Prevention Code. However, the local government in charge of the fire service area possesses the ultimate authority to designate who will enforce the Florida Fire Prevention Code.

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, or by email at [e-mail].