Coastal Petroleum Co. v. State, Department of Natural Resources

District Court of Appeal of Florida

Coastal Petroleum Co. v. State, Department of Natural Resources

608 So. 2d 110, 1992 Fla. App. LEXIS 11333, 1992 WL 312767

CourtDistrict Court of Appeal of Florida

DecidedOctober 29, 1992

DocketNo. 92-213

StatusPublished

This text of 608 So. 2d 110 (Coastal Petroleum Co. v. State, Department of Natural Resources) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Coastal Petroleum Co. v. State, Department of Natural Resources, 608 So. 2d 110, 1992 Fla. App. LEXIS 11333, 1992 WL 312767 (Fla. Ct. App. 1992).

Pincite

Opinion

PER CURIAM.

Appellant, Coastal Petroleum Company (Coastal), seeks review of an order issued [111]*111by appellee, the Department of Natural Resources (DNR), dismissing appellant’s petition for a declaratory statement as to whether a policy adopted by DNR, prohibiting seismic activities using explosives, drilling, exploration, or production of oil and gas in the sovereign waters of Florida, was applicable to areas of sovereign waters described in leases Coastal had obtained in the 1940s from the state which allow such activity. A state agency’s authority to issue declaratory statements under Section 120.565, Florida Statutes (1991), is limited to issuing opinions “as to the applicability of a specified statutory provision or of any rule or order of the agency as it applies to the petitioner.” (Emphasis added.) We decline to expand section 120.565 to authorize an agency to issue a statement concerning the applicability of a policy adopted by the agency at a public meeting. The order dismissing appellant’s petition is therefore

AFFIRMED.

ERVIN, ZEHMER and BARFIELD, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellant, Coastal Petroleum Company (Coastal), seeks review of an order issued [111]*111by appellee, the Department of Natural Resources (DNR), dismissing appellant’s petition for a declaratory statement as to whether a policy adopted by DNR, prohibiting seismic activities using explosives, drilling, exploration, or production of oil and gas in the sovereign waters of Florida, was applicable to areas of sovereign waters described in leases Coastal had obtained in the 1940s from the state which allow such activity. A state agency’s authority to issue declaratory statements under Section 120.565, Florida Statutes (1991), is limited to issuing opinions “as to the applicability of a specified statutory provision or of any rule or order of the agency as it applies to the petitioner.” (Emphasis added.) We decline to expand section 120.565 to authorize an agency to issue a statement concerning the applicability of a policy adopted by the agency at a public meeting. The order dismissing appellant’s petition is therefore

AFFIRMED.

ERVIN, ZEHMER and BARFIELD, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

608 So. 2d 110, 1992 Fla. App. LEXIS 11333, 1992 WL 312767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coastal-petroleum-co-v-state-department-of-natural-resources-fladistctapp-1992.