Notice of Declaratory Statement

Division of Standards
NOTICE IS HEREBY GIVEN THAT on December 16, 2009, the Department of Agriculture and Consumer Services has issued an order disposing of the petition for declaratory statement filed by Exxon Mobil Corporation on October 09, 2009. The following is a summary of the agency's disposition of the petition:
The Department dismissed the Petition for the following reasons: a) a declaratory statement is not an appropriate mechanism for evaluation of past actions; b) Petitioner’s request is for a broad statement of policy that is not appropriate for a declaratory statement; c) declaratory statements cannot determine constitutional issues; d) Section 501.204(2), Florida Statutes, does not require that the Department defer to or provide an interpretation of the Federal Trade Commission Report cited by Petitioner; and e) a hearing pursuant to Section 120.57(1), Florida Statutes, is not appropriate for declaratory statements as the burden is on the Petitioner to adequately set out its particular circumstances in seeking a declaratory statement.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: William N. Graham, Senior Attorney, Office of the General Counsel, Department of Agriculture and Consumer Services, Mayo Building, Suite 520, Tallahassee, FL 32399-0800, (850)245-1000.