NOTICE IS HEREBY GIVEN THAT the Department of Community Affairs has declined to rule on the petition for declaratory statement filed by Stephanie D. Alexander, Esquire, on behalf of the Renaissance Charter School, Inc., on July 29, 2008. The following is a summary of the agency's declination of the petition:
Because there exists another adequate remedy – a challenge to the consistency of the interlocal agreement or compliance of the public schools facilities element – Petitioner can not use the declaratory statement process to supplant that remedy. A response to Petitioner’s request for declaratory statement would amount to a policy statement of general applicability requiring compliance by all Florida county governments, non-exempt municipalities and school boards. Such a statement is to be made only by rule or in statute. Therefore, Petitioner’s request is not a lawful subject for a declaratory statement.
A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Paula P. Ford, Agency Clerk, 2555 Shumard Oak Blvd., Tallahassee, FL 32399.