RULE NO.: RULE TITLE:
33-401.401: Use of Tobacco Products
NOTICE IS HEREBY GIVEN that the Department of Corrections has declined to rule on the petition for declaratory statement filed by Jimmy R. Smith on June 16, 2011. The following is a summary of the agency's declination of the petition:
The Notice of Petition for Declaratory Statement was published in Vol. 37, No. 26 of the Florida Administrative Weekly. The Petition alleged the invalidity of Rule 33-401.401, F.A.C., and requested that the Department immediately halt implementation of the rule. The Department of Corrections denied the petition for declaratory statement because the Petitioner lacks standing to request the declaratory statement and because the petition was not a proper subject for declaratory statement, as it amounted to a challenge to the validity of the rule.
A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Kendra L. Jowers, 501 South Calhoun Street, Tallahassee, Florida 32399-2500 or email: jowers.kendra@mail.dc.state.fl.us.
Please refer all comments to: Kendra Jowers, 501 South Calhoun Street, Tallahassee, Florida 32399-2500 or email: jowers.kendra@mail.dc.state.fl.us.