The 2023 Florida Statutes (including Special Session C)
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. . . In an appeal from any proceeding pursuant to section 120.565, Florida Statutes (declaratory statements . . .
. . . .” § 120.565(1). . . . Reversed and remanded for further proceedings in accordance with this opinion, . § 120.565, Fla. . . .
. . . . § 120.565; Fla. Dep’t of Business & Prof'l Regulation v. . . .
. . . Section 120.565, Florida Statutes, governs the requirements for requesting a declaratory statement from . . . Nothing in section 120.565 nor chapter 366 purports to so limit the PSC’s authority to issue declaratory . . .
. . . Dep’t of Rev., 641 So.2d 158,161-62 (Fla. 1st DCA 1994) (“[Section 120.565, Florida Statutes (1989) ] . . . In 1996, the word “only” was deleted from section 120.565, see ch. 96-159, § 17, Laws of Fla., and in . . . He then explained that 'section 120.565 would be “nearly useless” if a declaratory statement could not . . . The Court explained that the 1996 amendments to section 120.565 were “meant to dispel any confusion that . . . petitioned for rulemaking under section 120.54(7) instead of a declaratory statement under section 120.565 . . .
. . . that the petition failed to meet the requirements for obtaining a declaratory statement under section 120.565 . . . Citing section 120.565(1), Florida Statutes (2014), OPC asserted that a declaratory statement was “necessitated . . . sought review of the WMSI discovery order; because the petition did not conform to the intent of section 120.565 . . . or of any rule or order of the [PSC], as it applies to [OPC’s] particular set of circumstances.” § 120.565 . . . (comparing current version of section 120.565, Florida Statutes to prior version of statute)); see also . . .
. . . .” § 120.565(1), Fla. Stat. (2013). . . .
. . . . § 120.565(1). . . .
. . . petitioned the Department of Agriculture (the Department) for a declaratory statement pursuant to section 120.565 . . . 747 So.2d 374 (Fla.1999), the supreme court broadened the previously narrow interpretation of section 120.565 . . . declaratory statements in these situations, noting this “hypertech-nical interpretation of section 120.565 . . . Further, refusing to answer the question serves no logical end and thwarts the purpose behind section 120.565 . . . Regulation, 888 So.2d 50 (Fla. 1st DCA 2004), which recognized the broader interpretation of section 120.565 . . .
. . . counsel, filed a Petition for Declaratory Statement (“Petition”) with the Department under section 120.565 . . . Rather, as required by section 120.565(3), the Department was only required to “give notice of the filing . . . Pursuant to section 120.565, a person seeking to intervene in a proceeding in which a party is seeking . . . a declaratory statement under section 120.565, must establish that: (1) his “substantial interest will . . . Barr, 359 So.2d 503, 505 (Fla. 1st DCA 1978) (“Section 120.565 declaratory statements constitute ‘final . . .
. . . seeking declaratory judgment, it had received what was in effect at least a declaratory statement, see § 120.565 . . .
. . . Florida Insurance Health Care Plans through the administrative remedies available to him under Section 120.565 . . .
. . . Section 120.565, Florida Statutes (2006) governs the right to seek a declaratory statement under the . . . rule or order of the agency, as it applies to the petitioner’s particular set of circumstances.” § 120.565 . . . Regulation, Div. of Pari-Mutuel Wagering, 917 So.2d 1020, 1022 (Fla. 1st DCA 2006) (stating that “section 120.565 . . . Section 120.565 limits an Agency’s declaratory statements to the agency’s position on an issue raised . . .
. . . defines a final order as a written final decision which results from a proceeding under s. 120.56, s. 120.565 . . .
. . . Section 120.565(1), Florida Statutes (2005), contains the following provision regarding the right of . . .
. . . Section 120.565, Florida Statutes (2004), provides in part: (1) Any substantially affected person may . . . Haines could use it for negotiation purposes with respect to future leases, neither section 120.565 nor . . .
. . . Section 120.565(1), Florida Statutes (2005), states that any substantially affected person “may seek . . . Pursuant to section 120.565(3), the Division has the authority to deny the request for a declaratory . . . We note that section 120.565(1) does not authorize an agency to construe a constitutional amendment. . . . the Division has the authority to deny the request for a declaratory statement pursuant to section 120.565 . . .
. . . addition, at about this time, he filed a petition for declaratory statement with DOE, pursuant to section 120.565 . . .
. . . (C) In an appeal from any proceeding pursuant to section 120.565, Florida Statutes (declaratory statements . . . Subdivision (c)(2)(C) addresses the record on appeal from declaratory statement requests pursuant to section 120.565 . . .
. . . (C) In an appeal from any proceeding pursuant to section 120.565, Florida Statutes (declaratory statements . . . Subdivision (c)(2)(C) addresses the record on appeal from declaratory statement requests pursuant to section 120.565 . . .
. . . void Lennar’s contractual arbitration provision in a declaratory statement proceeding under section 120.565 . . . Section 120.565(1) provides: Any substantially affected person may seek a declaratory statement regarding . . . Pursuant to section 120.565(1), Lennar filed a petition for declaratory statement seeking the opinion . . . The authority of the Division to issue declaratory statements is limited by section 120.565 to a determination . . . In summary, we conclude that this case involves issues which cannot be determined in a section 120.565 . . . Because the Division in the present case did only that which it was required to do by section 120.565 . . .
. . . 558 So.2d 1078 (Fla. 1st DCA 1990)(ruling that a “petition for declaratory statement under Section 120.565 . . .
. . . a local enforcing agency, the State Fire Marshall shall issue declaratory statements pursuant to s. 120.565 . . .
. . . BACKGROUND On May 1, 2001, Level 3 Communications, LLC (Level 3), pursuant to section 120.565, Florida . . .
. . . The First District set forth in its opinion the applicable statute and rule, section 120.565, Florida . . . the court has determined [Friends] are ‘substantially affected persons’ within the meaning of section 120.565 . . .
. . . administrative proceeding commenced to challenge an agency statement as an unadopted rule under section 120.565 . . .
. . . . § 120.565(1). . . . .
. . . (C) In an appeal from any proceeding pursuant to section 120.565, Florida Statutes (declaratory statements . . . Subdivision (c)(2)(C) addresses the record on appeal from declaratory statement requests pursuant to section 120.565 . . .
. . . On July 11, 2000, Interlachen filed a petition for declaratory relief, pursuant to section 120.565, with . . . Section 120.565(1) provides that a substantially affected person may seek a declaratory statement regarding . . .
. . . (C) In an appeal from any proceeding pursuant to section 120.565, Florida Statutes* (declaratory statements . . . Subdivision (c)(2)(C) addresses the record on appeal from declaratory statement requests pursuant to section 120.565 . . .
. . . See § 120.565, Fla. Stat. (1997). . . .
. . . agency as it applies to the petitioner’s particular set of circumstances ” (emphasis added) Section 120.565 . . . The Department recognizes that the 1996 revision of section 120.565 deleted the word “only” in reference . . . The statute applicable, section 120.565, Florida Statutes (1997), provides: 120.565. . . . Florida Administrative Code Rule 28-105.001, the rule implementing section 120.565, provides: 28-105.001 . . . See § 120.565, Florida Statutes (1996). . . . court has determined appellants are “substantially affected persons” within the meaning of section 120.565 . . . expressly or implicitly, that appellants are substantially affected persons for purposes of section 120.565 . . .
. . . .” § 120.565(1), Fla. Stat. . . . Id. § 120.565(3). . . . The point is that in enacting section 120.565, the Legislature created an important tool to vindicate . . . See § 120.565(3), Fla. Stat. (Supp.1996). . . . See § 120.565, Florida Statutes (1996). . . .
. . . . § 120.565(1), Fla. Stat. (1997). . . . Section 120.565 provides in pertinent part: 120.565. . . . . § 120.565, Fla. Stat. (1997) (emphasis supplied). . . .
. . . The current statute provides: 120.565 Declaratory statement by agencies.— (1)Any substantially affected . . . Agency disposition of petitions shall be final agency action. § 120.565, Fla. Stat. (Supp.1996). . . . Id. § 120.565(3). . . . The point is that in enacting section 120.565, the Legislature created an important tool to vindicate . . . See § 120.565(3), Fla. Stat. (Supp.1996). . . . Declaratory statements are controlled by section 120.565, Florida Statutes (Supp.1996), subsection (1 . . . Prior to its amendment in 1996, by section 17 of chapter 96-159, Laws of Florida, section 120.565 read . . .
. . . Section 120.565, Florida Statutes (1995), provided in' part that “[a] declaratory statement shall set . . . Section 120.565(1), Florida Statutes (Supp.1996), states that “[a]ny substantially affected person may . . . See § 120.565, Florida Statutes (1996). . . . Section 120.565(2), Florida Statutes (Supp.1996), requires the agency to give notice of the filing of . . . Section 120.565(3), Florida Statutes (Supp.1996), states that an agency’s disposition of a petition for . . .
. . . Appellant challenges a declaratory statement of the Department of Insurance (DOI), pursuant to section 120.565 . . . prior to disposition of its request for declaratory statement, and that none was required under section 120.565 . . .
. . . Sun Coast), appeals a declaratory statement issued by the Department of Insurance pursuant to section 120.565 . . .
. . . As a “declaratory statement” within the meaning of the Administrative Procedure Act, § 120.565, Fla. . . .
. . . defines a final order as “a written final decision which results from a proceeding under s. 120.56, s. 120.565 . . .
. . . filed a request for a Declaratory Statement with the DOR seeking a determination, pursuant to section 120.565 . . .
. . . (C) In an appeal from any proceeding pursuant to section 120.565, Florida Statutes, (declaratory statements . . . Subdivision (c)(2)(C) addresses the record on appeal from declaratory statement requests pursuant to section 120.565 . . .
. . . In this case, WSLG petitioned the Department for a declaration under section 120.565, Florida Statutes . . . Section 120.565, Florida Statutes (1993), provides in pertinent part as follows: Each agency shall provide . . .
. . . The final order is a declaratory statement issued pursuant to section 120.565, Florida Statutes and constitutes . . .
. . . from a declaratory statement issued by the Department of Community Affairs (DCA), pursuant to section 120.565 . . . See § 120.565, Fla.Stat. (1993); Florida Optometric Ass’n v. . . .
. . . Cepcot petitioned for a declaratory statement under section 120.565. . . .
. . . . § 120.565, Fla.Stat. (1993) (emphasis supplied). . . .
. . . conclude that the declaratory statement exceeds the scope of authority granted to agencies by section 120.565 . . . Section 120.565, Florida Statutes, provides in pertinent part: A declaratory statement shall set out . . .
. . . Section 120.565, Florida Statutes (1989), states in part that “[a] declaratory statement shall set out . . . A technical assistance advisement is not an order issued pursuant to s. 120.565 or s. 120.59, or a rule . . .
. . . In April 1992, appellants filed a petition pursuant to section 120.565, Florida Statutes (1991), and . . .
. . . WHEREFORE, Petitioner, in accordance with Chapter 120.565, Florida Statutes, does hereby request the . . . Agency disposition of petitions shall be final agency action.” § 120.565, Fla.Stat. (1991). . . . .
. . . However, once an action has been initiated under s. 120.56, s. 120.565, or s. 120.57, no action relating . . .
. . . A state agency’s authority to issue declaratory statements under Section 120.565, Florida Statutes (1991 . . . We decline to expand section 120.565 to authorize an agency to issue a statement concerning the applicability . . .
. . . This is an appeal from a declaratory statement pursuant to section 120.565, Florida Statutes (1989), . . . Section 120.565, Florida Statutes (1989), provides for agency determination of declaratory statements . . .
. . . 120.54) or by declaratory statement concerning the applicability of a statute, rule or order (Section 120.565 . . .
. . . In accordance with the directive of Section 120.565, Florida Statutes, the Board provided public notice . . . Although the declaratory statement statute, Section 120.565, Florida Statutes, provides that an agency . . . Clearly, however, a declaratory statement is an “agency decision,” and Section 120.565 indicates that . . . Section 120.565, Florida Statutes. . Section 484.002(3), Florida Statutes. . . . . See Section 120.565, Florida Statutes. . . .
. . . Section 120.565, Florida Statutes, allows a party to use a petition for declaratory statement to determine . . . A petition for a declaratory statement under Section 120.565 is not the appropriate means to challenge . . .
. . . 1st DCA 1981), in which we held that declaratory statement proceedings brought pursuant to section 120.565 . . .
. . . specifically delegated, he could petition the agency for a declaratory statement pursuant to Section 120.565 . . .
. . . See, e.g., §§ 120.53(5), 120.54(4)(a), 120.56(1), 120.565, 120.57(1), Fla.Stat. (1987). . . . .
. . . Section 120.565, Florida Statutes, provides: A declaratory statement shall set out the agency’s opinion . . . With respect to the fair hearing issue, supra, section 120.565, Florida Statutes, requires only that . . . Agency may, at its discretion, hold a hearing to dispose of a petition submitted pursuant to Section 120.565 . . . Section 120.565 provides that “[a] declaratory statement shall set out the agency’s opinion as to the . . .
. . . See § 120.565 Florida Statutes (1985). . . .
. . . However, once an action has been initiated under s. 120.56, s. 120.565, or s. 120.57, no action relating . . .
. . . a petition for declaratory statement under the Administrative Procedure Act, specifically, section 120.565 . . .
. . . Alternatively, Hobe could have petitioned the agency for a declaratory statement pursuant to § 120.565 . . .
. . . . § 120.565 (1983). We review its legality pursuant to section 120.68, Florida Statutes (1985). . . .
. . . its reasons” for the denial of a petition; a petition for declaratory statement pursuant to Section 120.565 . . .
. . . declaratory statement issued by the Department of Environmental Regulation (DER) pursuant to Section 120.565 . . .
. . . Authority sought and obtained from the Department of Revenue a declaratory statement pursuant to section 120.565 . . .
. . . might arguably have been sought from the department via a petition for declaratory statement, section 120.565 . . .
. . . pursuant to Section 120.57, Florida Statutes (1983), and for a declaratory statement pursuant to Section 120.565 . . . pendency of the Section 120.-57 request, M-88 sought a declaratory statement from DER pursuant to Section 120.565 . . . because they sought a declaration as to the effect of the statutes on third parties, contrary to Section 120.565 . . .
. . . Mobile Homes (the Division) of the Federation’s petition for a declaratory statement pursuant to section 120.565 . . . 1st DCA 1981), is the only case in point as to requirements for declaratory statements under section 120.565 . . . Florida Home Builders nor Farmworker involved a petition for a declaratory statement under section 120.565 . . . 1st DCA 1979), as standing for the proposition that to obtain a declaratory statement under section 120.565 . . . before it set forth its above quoted standing requirements for declaratory statements under section 120.565 . . .
. . . Our conclusion is further supported by the fact that the Board, under section 120.565, Florida Statutes . . .
. . . 1984, appellants filed their first amended petition for a declaratory statement, pursuant to Section 120.565 . . . Section 120.565. . . .
. . . As Eastern points out, section 120.565 of the APA affords the Authority an alternative remedy. . . . Section 120.565 reads in pertinent part: Declaratory Statement by Agencies. . . . Moreover, forcing the Authority to resort to an administrative proceeding pursuant to section 120.565 . . .
. . . 7 March 1984, A-S filed with the Division a petition for declaratory statement pursuant to Section 120.565 . . . (Pursuant to Section 120.565, a declaratory statement sets out the agency’s opinion as to the applicability . . .
. . . July, 1983, Griffith filed with the Board a petition for declaratory statement pursuant to Section 120.565 . . .
. . . non-final order of the circuit court which enjoined them from conducting a hearing pursuant to section 120.565 . . .
. . . The condominium unit owners, through their condominium association, sought a Section 120.565, Florida . . . Accordingly, the division declared, pursuant to section 120.565, that by virtue of section 718.401(8) . . . On the contrary, we point out that section 120.565 contemplates the division’s determining whether a . . . Section 120.565 does not specifically provide for an evidentiary hearing but does direct each agency . . . Section 120.565 states in relevant part: Declaratory statement by agencies — Each agency shall provide . . .
. . . Florida Power appeals from a declaratory statement of the Department of Environmental Regulation, §§ 120.565 . . .
. . . is in doubt, he has only to petition the Board of Pharmacy for a declaratory statement under Section 120.565 . . .
. . . is an appeal from a declaratory statement issued by appellee pursuant to appellant’s request under § 120.565 . . .
. . . Section 120.565, Florida Statutes. . . .
. . . 120.57(1) hearing concerning the transfer, and Count II sought a declaratory statement under Section 120.565 . . . The Board concedes that it did not comply with the notice requirements of Section 120.565, Florida Statutes . . .
. . . petition was published in the Florida Administrative Weekly on March 6, 1981, in compliance with Section 120.565 . . .
. . . The condominium unit owners, through their condominium association, sought a Section 120.565, Florida . . . As to the jurisdictional problem, appellant asserts that a Section 120.565 declaratory statement is an . . . Further, Section 120.565, when read together and harmonized with Section 718.401, Florida Statutes (1981 . . . By rule, as required by Section 120.565, the Division, as a sub-agency of the Department of Business . . . Section 120.565 states in relevant part: Declaratory statement by agencies — Each agency shall provide . . .
. . . Sections 120.565, .68, Fla.Stat. (1979). . . . Section 120.565 speaks in these terms of declaratory statements: Declaratory statement by agencies. . . . Section 120.565 allows no room for delay or evasion in the agency’s response. . . . Section 120.565 thus provides a broad declaratory remedy, whatever the agency and whatever the issue . . . All this from litigants to whom section 120.565 and the Department’s rules offered a clearly effective . . . It is also suggested that the declaratory statement procedure under Section 120.565 was an available . . .
. . . Section 120.565 provides for declaratory statements by way of agency opinion and final agency action; . . . § 440.205 adjudications, and we therefore conclude that such adjudications may not be made under § 120.565 . . . also that the deputies’ specific authorization to make findings under Section 440.205 lies in Section 120.565 . . . Originally, the Department of Administration interpreted Section 120.565 as allowing the use of a declaratory . . . above underscored language of the new rule, indicates that a declaratory statement pursuant to Section 120.565 . . . agency may, at its discretion, hold a hearing to dispose of a petition submitted pursuant to Section 120.565 . . . Section 120.565 expressly states that a declaratory statement is final agency action. . . .
. . . Further, a petition for declaratory statement pursuant to Section 120.565, Florida Statutes, may well . . .
. . . final agency action and this Court will not treat them as declaratory statements as described in § 120.565 . . . Section 120.565, Fla.Stat. (1981), provides that each agency shall establish rules regulating the procedure . . .
. . . esthetician licensed in another state, requested the Florida Board of Cosmetology to issue a Section 120.565 . . .
. . . This is an appeal from appellee Board’s § 120.565 declaratory statement in response to a question propounded . . . were not parties to the petition and the associations were not proper parties, as contemplated by § 120.565 . . . We note, without deciding, that even if the associations had the requisite interest for § 120.565 purposes . . .
. . . scope of the remedies in declaratory statement proceedings under the Administrative Procedures Act, § 120.565 . . .
. . . entered pursuant to a petition of the City of Tallahassee for a declaratory statement under Sections 120.565 . . .
. . . as that which we review today, declaratory statements issued by the Commission pursuant to Section 120.565 . . .
. . . Sampson, 297 So.2d 120 (Fla. 4th DCA 1974); Sections 120.565, 120.68, Florida Statutes (1977). . . .
. . . This appeal raises questions regarding the construction and applicability of Section 120.565, Florida . . .
. . . authority to render a declaratory statement except “as to the applicability of” chapter 447, see section 120.565 . . .
. . . Responding to a petition for declaratory statement, Section 120.565, Florida Statutes (1978 Supp.), the . . .
. . . the result of an unwarranted expansion of the declaratory statement procedure prescribed by section 120.565 . . . In a subsequent proceeding allegedly under section 120.565, Silco petitioned the Commission for a declaratory . . . modification of its final agency order in this case is wholly inconsistent with the purposes of section 120.565 . . . Section 120.565, Florida Statutes (1977), requires agencies to provide procedures for the “prompt disposition . . .