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TAMPA ELEC. v. DEPT. OF COMMUNITY

No. 94-747.

654 So.2d 998 (1995)

TAMPA ELECTRIC COMPANY, Appellant, v. FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, Polk County and Gapway Groves, Inc., Appellees.

District Court of Appeal of Florida, First District.

May 9, 1995.

Attorney(s) appearing for the Case

Thomas G. Pelham of Apgar, Pelham, Pfeiffer & Theriaque, Tallahassee, and James L. Estes, Jr. of TECO Energy, Inc., Tampa, for appellant.

Terrell K. Arline of Dept. of Community Affairs, Tallahassee, for appellee Dept. of Community Affairs.

Mark F. Carpanini and Palmer C. Davis of Office of County Atty., Bartow, for appellee Polk County.

Kenneth G. Oertel and Timothy P. Atkinson of Oertel, Hoffman, Fernandez & Cole, P.A., Tallahassee, for appellee Gapway Groves, Inc.

Jean G. Howard of Florida Power & Light Co., Ron A. Adams of Steel, Hector & Davis, Miami, Robert M. Rhodes, Cathy M. Sellers and Victoria L. Weber of Steel, Hector & Davis, Tallahassee, for amicus curiae Florida Power & Light Co.

ALLEN, Judge.

The appellant challenges the validity of a declaratory statement issued by the Department of Community Affairs (the department). We conclude that the declaratory statement exceeds the scope of authority granted to agencies by section 120.565, Florida Statutes, and we therefore set aside the declaratory statement.

Section 120.565, Florida Statutes, provides in pertinent part:

A declaratory statement shall set out the agency's opinion...

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