Florida Statutes
Chapter 120 - Administrative Procedure Act
120.565 - Declaratory Statement by Agencies.


(1) Any substantially affected person may seek a declaratory statement regarding an agency’s opinion as to the applicability of a statutory provision, or of any rule or order of the agency, as it applies to the petitioner’s particular set of circumstances.
(2) The petition seeking a declaratory statement shall state with particularity the petitioner’s set of circumstances and shall specify the statutory provision, rule, or order that the petitioner believes may apply to the set of circumstances.
(3) The agency shall give notice of the filing of each petition in the next available issue of the Florida Administrative Register and transmit copies of each petition to the committee. The agency shall issue a declaratory statement or deny the petition within 90 days after the filing of the petition. The declaratory statement or denial of the petition shall be noticed in the next available issue of the Florida Administrative Register. Agency disposition of petitions shall be final agency action.
History.—s. 6, ch. 75-191; s. 7, ch. 76-131; s. 5, ch. 78-425; s. 5, ch. 79-299; s. 760, ch. 95-147; s. 17, ch. 96-159; s. 9, ch. 2013-14.

Structure Florida Statutes

Florida Statutes

Title X - Public Officers, Employees, and Records

Chapter 120 - Administrative Procedure Act

120.50 - Exception to Application of Chapter.

120.51 - Short Title.

120.515 - Declaration of Policy.

120.52 - Definitions.

120.525 - Meetings, Hearings, and Workshops.

120.53 - Maintenance of Agency Final Orders.

120.533 - Coordination of the Transmittal, Indexing, and Listing of Agency Final Orders by Department of State.

120.536 - Rulemaking Authority; Repeal; Challenge.

120.54 - Rulemaking.

120.541 - Statement of Estimated Regulatory Costs.

120.542 - Variances and Waivers.

120.545 - Committee Review of Agency Rules.

120.55 - Publication.

120.555 - Summary Removal of Published Rules No Longer in Force and Effect.

120.56 - Challenges to Rules.

120.565 - Declaratory Statement by Agencies.

120.569 - Decisions Which Affect Substantial Interests.

120.57 - Additional Procedures for Particular Cases.

120.573 - Mediation of Disputes.

120.574 - Summary Hearing.

120.595 - Attorney’s Fees.

120.60 - Licensing.

120.62 - Agency Investigations.

120.63 - Exemption From Act.

120.65 - Administrative Law Judges.

120.651 - Designation of Two Administrative Law Judges to Preside Over Actions Involving Department or Boards.

120.655 - Withholding Funds to Pay for Administrative Law Judge Services to School Boards.

120.66 - Ex Parte Communications.

120.665 - Disqualification of Agency Personnel.

120.68 - Judicial Review.

120.69 - Enforcement of Agency Action.

120.695 - Notice of Noncompliance; Designation of Minor Violation of Rules.

120.72 - Legislative Intent; References to Chapter 120 or Portions Thereof.

120.73 - Circuit Court Proceedings; Declaratory Judgments.

120.74 - Agency Annual Rulemaking and Regulatory Plans; Reports.

120.80 - Exceptions and Special Requirements; Agencies.

120.81 - Exceptions and Special Requirements; General Areas.

120.82 - Keep Our Graduates Working Act.