NOTICE IS HEREBY GIVEN THAT the Department of Community Affairs has issued an order disposing of the petition for declaratory statement filed by Hernando County, DCA08-DEC-153, on June 05, 2008. The following is a summary of the agency's disposition of the petition:
The Department partially granted the Petition for Declaratory Statement filed by Hernando County as it pertains to the questions of whether a binding letter of vested rights issued under Chapter 380, F.S., has the same legal effect as the issuance of a final Development of Regional Impact development order, and whether the determination of vested rights in a binding letter obviates the need to comply with all other applicable state or local government permitting procedures. The Department's answer to each question is no. As for the remaining questions, the Department declined to answer them because they require the interpretation of local government ordinances and orders. Interpretations of local government ordinances and orders are not “a statutory provision, or of any rule or order of the agency,” as provided in Section 120.565(1), F.S., and therefore a declaratory statement is not available.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Paula P. Ford, Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Blvd., Tallahassee, FL 32399.