NOTICE IS HEREBY GIVEN that the Department of Environmental Protection has declined to rule on the petition for declaratory statement filed by Anthony Porcelli on January 13, 2001. The following is a summary of the agency's declination of the petition:
Mr. Porcelli’s petition attempts to have the Department determine the applicability of a statute over which the Department has no authority. Based on the broad, general nature of the facts alleged, it is also an attempt to obtain a statement of general applicability. The Department does not have statutory authority under the statute given, nor any other statute over which the Department may have authority, to issue a declaratory statement concerning the use of “Roof Mastic” as an “energy device” or to determine whether Coquina’s prohibition against “Roof Mastic” is in violation of Section 163.04, F.S.
A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Lisa Brown, Legal Assistant to Toni Sturtevant (lisa.l.brown@dep.state.fl.us; (850)245-2276).
Please refer all comments to: Lisa Brown, Legal Assistant.