NOTICE IS HEREBY GIVEN that on June 11, 2010, the Florida Department of Environmental Protection has issued an order.
The Department received a petition under Section 120.542, Florida Statutes, from Lee Pitkiewicz, which requested a variance from or waiver of the provision in Section 403.813(2)(b), Florida Statutes, that prohibits the installation of mooring pilings associated with a private docking facility as an activity exempt from permitting if the dock will create a navigational hazard. Notice of receipt of this petition was published in the Florida Administrative Weekly on March 19, 2010. No public comment was received. The Final Order, file number OGC 10-1051, denied the petition, because Section 120.542, Florida Statutes, prohibits an agency from granting a variance from or waiver of a statutory provision.
A copy of the Order may be obtained by contacting: Stacey Cowley, Florida Department of Environmental Protection, Office of General Counsel, 3900 Commonwealth Boulevard, MS #35, Tallahassee, Florida 32399-3000, (850)245-2219.