Florida Statute 120.565 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

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F.S. 120.565

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.

F.S. 120.565 on Google Scholar

F.S. 120.565 on CourtListener

Amendments to 120.565

Annotations, Discussions, Cases:

Cases Citing Statute 120.565

Total Results: 114

McDonald v. Dept. of Banking and Finance

346 So. 2d 569

District Court of Appeal of Florida | Filed: May 10, 1977 | Docket: 1410203

Cited 190 times | Published

applicability of a statute, rule or order (Section 120.565), all agency action, on appropriate challenge

FLORIDA DEPT., OF OFFENDER REHAB. v. Jerry

353 So. 2d 1230

District Court of Appeal of Florida | Filed: Jan 10, 1978 | Docket: 424162

Cited 37 times | Published

of a statute, rule or order as provided by Section 120.565, and (2) a declaratory statement on the validity

Sans Souci v. DIVISION OF FLORIDA LAND, ETC.

421 So. 2d 623

District Court of Appeal of Florida | Filed: Oct 21, 1982 | Docket: 1719410

Cited 25 times | Published

through their condominium association, sought a Section 120.565, Florida Statutes (1979),[2] declaratory statement

Fla. Medical Ass'n v. Dept. of Prof. Regulation

426 So. 2d 1112

District Court of Appeal of Florida | Filed: Feb 2, 1983 | Docket: 1683627

Cited 22 times | Published

Pharmacy for a declaratory statement under Section 120.565, Florida Statutes (1981). [5] The "zone of

Myers v. Hawkins

362 So. 2d 926

Supreme Court of Florida | Filed: Sep 14, 1978 | Docket: 1715581

Cited 22 times | Published

statement from the Commission, pursuant to Section 120.565, Florida Statutes (1977), as to whether he

Fla. Dept. of Bus. Reg. v. Invest. Corp.

747 So. 2d 374, 1999 WL 1018661

Supreme Court of Florida | Filed: Nov 4, 1999 | Docket: 1475688

Cited 20 times | Published

petitioner's particular set of circumstances." § 120.565(1), Fla. Stat. In subsection (3), the statute

Amend. to Fla. Rules of Appellate Proc.

780 So. 2d 834, 2000 WL 1508541

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 1298753

Cited 19 times | Published

an appeal from any proceeding pursuant to section 120.565, Florida Statutes, (declaratory statements)

Chiles v. Dept. of State, Div. of Elections

711 So. 2d 151, 1998 WL 233507

District Court of Appeal of Florida | Filed: May 12, 1998 | Docket: 1338037

Cited 18 times | Published

statement must be based on a unique set of facts. Section 120.565, Florida Statutes (1995), provided in part

Regal Kitchens, Inc. v. Florida Dept. of Revenue

641 So. 2d 158, 1994 Fla. App. LEXIS 7498, 1994 WL 391328

District Court of Appeal of Florida | Filed: Jul 29, 1994 | Docket: 1152074

Cited 18 times | Published

impermissibly broad. We conclude that it is. Section 120.565, Florida Statutes (1989), states in part that

Communities Fin. Corp. v. FLORIDA, ETC.

416 So. 2d 813

District Court of Appeal of Florida | Filed: Apr 15, 1982 | Docket: 1654874

Cited 18 times | Published

petition for declaratory statement pursuant to Section 120.565, Florida Statutes, may well have been an appropriate

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

848 F.3d 1293, 2017 WL 632740, 2017 U.S. App. LEXIS 2747

Court of Appeals for the Eleventh Circuit | Filed: Feb 16, 2017 | Docket: 4586393

Cited 14 times | Published

allowed to do under Florida law. See Fla. Stat. § 120.565; Fla. Dep’t of Business & Prof'l Regulation v

Fla. Optometric Ass'n v. DEPT. OF PRO. REG., BD. OF OPTICIANRY

567 So. 2d 928, 1990 WL 129106

District Court of Appeal of Florida | Filed: Sep 5, 1990 | Docket: 1721346

Cited 14 times | Published

vision. In accordance with the directive of Section 120.565, Florida Statutes, the Board provided public

GLENDALE FED. S & L v. State, Dept. of Ins.

485 So. 2d 1321

District Court of Appeal of Florida | Filed: Mar 13, 1986 | Docket: 1276442

Cited 14 times | Published

via a petition for declaratory statement, section 120.565, Florida Statutes (1983). [3] We note, parenthetically

Level 3 Communications, LLC v. Jacobs

841 So. 2d 447, 28 Fla. L. Weekly Supp. 191, 2003 Fla. LEXIS 272, 2003 WL 747419

Supreme Court of Florida | Filed: Mar 6, 2003 | Docket: 1234108

Cited 13 times | Published

Communications, LLC (Level 3),[1] pursuant to section 120.565, Florida Statutes (2001), and rule 28-105.002

Cepcot Corp. v. DEPARTMENT OF BUSINESS

658 So. 2d 1092, 1995 WL 407774

District Court of Appeal of Florida | Filed: Jul 12, 1995 | Docket: 439464

Cited 13 times | Published

petitioned for a declaratory statement under section 120.565. In June 1994, the Construction Industry Licensing

Dept. of Prof. Reg. v. SOC. PROF. LAND SUR.

475 So. 2d 939

District Court of Appeal of Florida | Filed: Sep 4, 1985 | Docket: 1710008

Cited 13 times | Published

supported by the fact that the Board, under section 120.565, Florida Statutes (1983), is required to give

Sans Souci v. DIV. OF FLA. LAND SALES AND CONDOMINIUMS

448 So. 2d 1116

District Court of Appeal of Florida | Filed: Apr 3, 1984 | Docket: 429787

Cited 13 times | Published

through their condominium association, sought a Section 120.565, Florida Statutes (1979),[2] declaratory statement

Couch v. State

377 So. 2d 32

District Court of Appeal of Florida | Filed: Nov 19, 1979 | Docket: 423330

Cited 10 times | Published

regarding the construction and applicability of Section 120.565, Florida Statutes (declaratory statements by

St. Joe Paper Co. v. FLA. DEPT OF NATURAL RES.

536 So. 2d 1119, 1988 WL 138497

District Court of Appeal of Florida | Filed: Dec 21, 1988 | Docket: 1759707

Cited 9 times | Published

have sought a declaratory statement under section 120.565 regarding the applicability of section 161

Friends of Hatchineha, Inc. v. State, Der

580 So. 2d 267, 1991 WL 75657

District Court of Appeal of Florida | Filed: May 14, 1991 | Docket: 1365416

Cited 8 times | Published

applicability of a statute, rule or order (Section 120.565), all agency action, on appropriate challenge

Piezo Technology v. Smith

413 So. 2d 121

District Court of Appeal of Florida | Filed: Apr 26, 1982 | Docket: 1344353

Cited 8 times | Published

by a deputy commissioner under Chapter 120. Section 120.565 provides for declaratory statements by way

Novick v. Department of Health

816 So. 2d 1237, 2002 WL 1070896

District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 2524521

Cited 7 times | Published

petition for declaratory relief, pursuant to section 120.565, with the Board. It alleged that as a result

Wahlquist v. School Bd. of Liberty County

423 So. 2d 471, 8 Educ. L. Rep. 537

District Court of Appeal of Florida | Filed: Dec 10, 1982 | Docket: 544851

Cited 7 times | Published

Count II sought a declaratory statement under Section 120.565 (Florida Statutes), concerning Wahlquist's

Gopman v. DEPARTMENT OF EDUC.

908 So. 2d 1118

District Court of Appeal of Florida | Filed: Jul 25, 2005 | Docket: 1724888

Cited 6 times | Published

declaratory statement with DOE, pursuant to section 120.565, Florida Statutes, requesting that the Department

Amend. to Rules of App. Proc., Civ. Proc.

887 So. 2d 1090, 2004 WL 2201732

Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 1515169

Cited 5 times | Published

an appeal from any proceeding pursuant to section 120.565, Florida Statutes (declaratory statements)

Tampa Elec. v. Dept. of Community

654 So. 2d 998, 1995 WL 264116

District Court of Appeal of Florida | Filed: May 9, 1995 | Docket: 1303382

Cited 5 times | Published

scope of authority granted to agencies by section 120.565, Florida Statutes, and we therefore set aside

DEPT. OF PROFESSIONAL REG. STATE, BD. OF MED. v. Marrero

536 So. 2d 1094, 1988 WL 122616

District Court of Appeal of Florida | Filed: Nov 18, 1988 | Docket: 1760014

Cited 5 times | Published

agency for a declaratory statement pursuant to Section 120.565, Florida Statutes, directing the agency to

JACKSONVILLE ELEC. AUTHOR. v. Dept. of Rev.

486 So. 2d 1350

District Court of Appeal of Florida | Filed: Mar 31, 1986 | Docket: 2055972

Cited 5 times | Published

Revenue a declaratory statement pursuant to section 120.565, Florida Statutes (1983), concerning the section

Mental H. Dist. Bd. v. Fla. Dept. of H. & R. Ser.

425 So. 2d 160

District Court of Appeal of Florida | Filed: Jan 7, 1983 | Docket: 1181718

Cited 5 times | Published

a declaratory statement issued pursuant to Section 120.565, Florida Statutes, by the Department of Health

Little Munyon Island v. DEPT. OF ENVIRON. REG.

492 So. 2d 735, 11 Fla. L. Weekly 1616

District Court of Appeal of Florida | Filed: Jul 25, 1986 | Docket: 1518643

Cited 4 times | Published

Environmental Regulation (DER) pursuant to Section 120.565, Florida Statutes (1983), declaring that LMI

Manasota-88, Inc. v. Gardinier, Inc.

481 So. 2d 948, 11 Fla. L. Weekly 178

District Court of Appeal of Florida | Filed: Jan 7, 1986 | Docket: 1529347

Cited 4 times | Published

and for a declaratory statement pursuant to Section 120.565, Florida Statutes (1983). Dan Lyons joins M-88

All Seasons Resorts v. DEPT. OF BUS. REG.

455 So. 2d 544

District Court of Appeal of Florida | Filed: Aug 23, 1984 | Docket: 1316714

Cited 4 times | Published

entered by appellee (Division) pursuant to Section 120.565, Florida Statutes (1983), finding the provisions

LAWYERS PROF. LIABILITY v. Shand, Morahan & Co.

394 So. 2d 238

District Court of Appeal of Florida | Filed: Feb 27, 1981 | Docket: 1315450

Cited 4 times | Published

proceedings under the Administrative Procedures Act, § 120.565, F.S., which is also involved here. Id. at 33

Lennar Homes, Inc. v. DEPART. OF BUSIN. AND PROF.

888 So. 2d 50, 2004 WL 2146986

District Court of Appeal of Florida | Filed: Sep 27, 2004 | Docket: 1327864

Cited 3 times | Published

in a declaratory statement proceeding under section 120.565 and to announce a general policy of far-reaching

Inv. Corp. v. Div. of Pari-Mut. Wagering

714 So. 2d 589

District Court of Appeal of Florida | Filed: Jul 8, 1998 | Docket: 461539

Cited 3 times | Published

[2] Declaratory statements are controlled by section 120.565, Florida Statutes (Supp.1996), subsection (1)

Sutton v. DEPT., ENVIRON. PROTECTION

654 So. 2d 1047, 1995 WL 302319

District Court of Appeal of Florida | Filed: May 19, 1995 | Docket: 1303541

Cited 3 times | Published

[t]his particular set of circumstances only. § 120.565, Fla. Stat. (1993) (emphasis supplied). A declaratory

SUNTIDE CONDO. ASS'N, INC. v. Div. of Fla. Land Sales

504 So. 2d 1343, 12 Fla. L. Weekly 856

District Court of Appeal of Florida | Filed: Mar 27, 1987 | Docket: 453623

Cited 3 times | Published

Administrative Procedure Act, specifically, section 120.565, Florida Statutes (1985), asking the Division

Hobe Assoc. v. State, Dept. of Business Regulation

504 So. 2d 1301

District Court of Appeal of Florida | Filed: Mar 2, 1987 | Docket: 453487

Cited 3 times | Published

agency for a declaratory statement pursuant to § 120.565, Florida Statutes and Rule 7-3.01 Florida Administrative

Griffith v. Board of Medical Examiners

454 So. 2d 683, 9 Fla. L. Weekly 1689, 1984 Fla. App. LEXIS 14453

District Court of Appeal of Florida | Filed: Aug 2, 1984 | Docket: 444525

Cited 3 times | Published

petition for declaratory statement pursuant to Section 120.565, Florida Statutes, in which he sought a statement

ST. v. Falls Chase Spec. Taxing Dist.

424 So. 2d 787

District Court of Appeal of Florida | Filed: Jan 21, 1983 | Docket: 1297053

Cited 3 times | Published

the declaratory statement procedure under Section 120.565 was an available remedy.[15] *794 The enactment

Sarasota County v. DEPT. OF ADMINISTRATION

350 So. 2d 802

District Court of Appeal of Florida | Filed: Oct 5, 1977 | Docket: 1757857

Cited 3 times | Published

of Administration (Department) pursuant to Section 120.565, Florida Statutes (Supp. 1976), concerning

Ppi, Inc. v. Dept. of Bus. & Prof. Reg.

917 So. 2d 1020, 2006 WL 26181

District Court of Appeal of Florida | Filed: Jan 6, 2006 | Docket: 1509505

Cited 2 times | Published

Division has not exceeded its jurisdiction. Section 120.565(1), Florida Statutes (2005), states that any

Grippe v. FLORIDA DEPT. OF BUSINESS

729 So. 2d 459, 1999 WL 141792

District Court of Appeal of Florida | Filed: Mar 17, 1999 | Docket: 881131

Cited 2 times | Published

limited power to issue declaratory statements. § 120.565(1), Fla. Stat. (1997).[1] Grippe's petition did

Secretary of State v. Milligan

704 So. 2d 152, 1997 WL 765659

District Court of Appeal of Florida | Filed: Dec 8, 1997 | Docket: 1354864

Cited 2 times | Published

meaning of the Administrative Procedure Act, § 120.565, Fla. Stat. (Supp.1996), the advisory opinion

Amend. to Fla. Rule of Appellate Proc. 9.020 (A)

681 So. 2d 1132, 1996 WL 548949

Supreme Court of Florida | Filed: Sep 27, 1996 | Docket: 1384789

Cited 2 times | Published

an appeal from any proceeding pursuant to section 120.565, Florida Statutes, (declaratory statements)

WARNING SAFETY LIGHTS v. Dept. of Rev.

678 So. 2d 1377, 1996 WL 496653

District Court of Appeal of Florida | Filed: Sep 4, 1996 | Docket: 1737011

Cited 2 times | Published

petitioned the Department for a declaration under section 120.565, Florida Statutes (1993), concerning the impact

WARNING SAFETY LIGHTS v. Dept. of Rev.

678 So. 2d 1377, 1996 WL 496653

District Court of Appeal of Florida | Filed: Sep 4, 1996 | Docket: 1737011

Cited 2 times | Published

petitioned the Department for a declaration under section 120.565, Florida Statutes (1993), concerning the impact

Crow v. Agency for Health Care Admin.

669 So. 2d 1160, 1996 WL 124204

District Court of Appeal of Florida | Filed: Mar 22, 1996 | Docket: 146083

Cited 2 times | Published

a declaratory statement issued pursuant to section 120.565, Florida Statutes and constitutes a final agency

PUBLIC SERVICE COM'N v. Central Corp.

551 So. 2d 568, 14 Fla. L. Weekly 2478, 1989 Fla. App. LEXIS 5924, 1989 WL 124571

District Court of Appeal of Florida | Filed: Oct 19, 1989 | Docket: 527284

Cited 2 times | Published

statement proceedings brought pursuant to section 120.565 of the APA could not be pursued on issues simultaneously

STATE DEPT. OF HEALTH, ETC. v. Barr

359 So. 2d 503

District Court of Appeal of Florida | Filed: May 31, 1978 | Docket: 1417557

Cited 2 times | Published

Department has issued a declaratory statement, Section 120.565, which constitutes an illicit rule not promulgated

In RE: AMENDMENTS TO the FLORIDA RULES OF APPELLATE PROCEDURE-2017 REGULAR-CYCLE REPORT.

256 So. 3d 1218

Supreme Court of Florida | Filed: Oct 25, 2018 | Docket: 8081305

Cited 1 times | Published

an appeal from any proceeding pursuant to section 120.565, Florida Statutes (declaratory statements)

STATE, DEPARTMENT MANAGEMENT SERVICES v. City of Delray Beach

40 So. 3d 835, 2010 Fla. App. LEXIS 10143, 2010 WL 2732873

District Court of Appeal of Florida | Filed: Jul 13, 2010 | Docket: 1667094

Cited 1 times | Published

effect at least a declaratory statement, see § 120.565, Fla. Stat. (2009), from the Division of Retirement

Adventist Health Sys. v. AGENCY FOR HEALTH

955 So. 2d 1173, 2007 WL 1238640

District Court of Appeal of Florida | Filed: Apr 30, 2007 | Docket: 1659196

Cited 1 times | Published

NORTWICK, and LEWIS, JJ., concur. NOTES [1] Section 120.565(1), Florida Statutes (2005), contains the following

Naoo v. Florida Dept. of Health

922 So. 2d 1060, 2006 WL 617948

District Court of Appeal of Florida | Filed: Mar 14, 2006 | Docket: 1282632

Cited 1 times | Published

practice of optometry." These appeals followed. Section 120.565, Florida Statutes (2004), provides in part:

St. Johns County v. Department of Community Affairs

836 So. 2d 1034, 2002 WL 31875008

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1500232

Cited 1 times | Published

its opinion the applicable statute and rule, section 120.565, Florida Statutes (1997) and Florida Administrative

1000 Friends of Florida, Inc. v. STATE, DEPARTMENT OF COMMUNITY AFFAIRS

760 So. 2d 154, 2000 WL 51820

District Court of Appeal of Florida | Filed: Apr 20, 2000 | Docket: 1695283

Cited 1 times | Published

particular set of circumstances" (emphasis added) Section 120.565(1), Florida Statutes (1997). The primary focus

Great House of Wine, Inc. v. Florida Department of Business & Professional Regulation, Division of Alcoholic Beverages & Tobacco

752 So. 2d 728, 2000 Fla. App. LEXIS 3711, 2000 WL 313914

District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 64795607

Cited 1 times | Published

eviden-tiary hearing was involved in this procedure. See § 120.565, Fla. Stat. (1997). Although we recognize that

Lambert v. Rogers

454 So. 2d 672, 19 Educ. L. Rep. 1240, 1984 Fla. App. LEXIS 14243

District Court of Appeal of Florida | Filed: Jul 26, 1984 | Docket: 64606449

Cited 1 times | Published

them from conducting a hearing pursuant to section 120.565, Florida Statutes (1983), to determine whether

Grady v. DEPT. OF PROFESSIONAL REGULATION

402 So. 2d 438

District Court of Appeal of Florida | Filed: Jul 7, 1981 | Docket: 1691432

Cited 1 times | Published

the Florida Board of Cosmetology to issue a Section 120.565 declaratory statement determining whether the

Fla. Inst. Legal Serv. v. Fla. Parole & Prob. Comm.

391 So. 2d 247

District Court of Appeal of Florida | Filed: Nov 26, 1980 | Docket: 1173960

Cited 1 times | Published

statements issued by the Commission pursuant to Section 120.565, and Commission determinations of presumptive

Jerry Bainbridge v. Director of the Florida Division of Alcoholic Beverages and Tobacco

Court of Appeals for the Eleventh Circuit | Filed: Aug 4, 2023 | Docket: 66768553

Published

Argued: Jan 27, 2023

State’s direct shipment prohibition. See Fla. Stat. § 120.565. Citing the injunction, the Division explained

In Re: Amendments to the Florida Rules of Appellate Procedure

Supreme Court of Florida | Filed: Mar 16, 2023 | Docket: 67020526

Published

appeal from any proceeding pursuant tounder section 120.565, Florida Statutes, the record shallwill consist

In Re: Amendments to the Florida Rules of Appellate Procedure

Supreme Court of Florida | Filed: Mar 16, 2023 | Docket: 67025967

Published

appeal from any proceeding pursuant tounder section 120.565, Florida Statutes, the record shallwill consist

BJ'S WHOLESALE CLUB, INC., etc. v. LAURA BUGLIARO, etc.

District Court of Appeal of Florida | Filed: Apr 14, 2021 | Docket: 59819913

Published

agency’s interpretation of a statute or rule, § 120.565, Fla. Stat.

Fair Insurance Rates In Monroe, Inc. v. Office of Insurance Regulation

District Court of Appeal of Florida | Filed: Apr 30, 2018 | Docket: 6379299

Published

the Act: section 120.56 (rule challenges), section 120.565 (declaratory statements), section 120.569 (decisions

West Flagler Associates, Ltd. v. State, Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

220 So. 3d 1239, 2017 WL 2348562, 2017 Fla. App. LEXIS 7811

District Court of Appeal of Florida | Filed: May 31, 2017 | Docket: 6067549

Published

petitioner’s particular set of circumstances.” § 120.565(1). The fact that the constitutional amendment

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

Court of Appeals for the Eleventh Circuit | Filed: Feb 16, 2017 | Docket: 4587031

Published

allowed to do under Florida law. See Fla. Stat. § 120.565; Fla. Dep’t of Business & Prof’l Regulation

& SC15-505 Board of County Commissioners Indian River County, Florida v. Art Graham, etc. & Board of County Commissioners of Indian River County, Florida v. Art Graham, etc.

191 So. 3d 890

Supreme Court of Florida | Filed: May 19, 2016 | Docket: 3065481

Published

seek the declaratory statement from the PSC. Section 120.565, Florida Statutes, governs the requirements

Society for Clinical and Medical Hair etc. v. Department of Health, Board of Medicine

183 So. 3d 1138, 2015 WL 9584834

District Court of Appeal of Florida | Filed: Dec 30, 2015 | Docket: 3025219

Published

the party seeking the declaration because section 120.565, Florida Statutes (Supp.1978-1995), provided

Citizens of the State Ex Rel. Office of Public Counsel v. Florida Public Service Commission & Utilities, Inc.

164 So. 3d 58, 2015 WL 1963786

District Court of Appeal of Florida | Filed: May 6, 2015 | Docket: 2655233

Published

for obtaining a declaratory statement under section 120.565, Florida Statutes (2014). We reverse and remand

Thrivent Financial For Lutherans v. State of Florida, Dept. of Financial Services

145 So. 3d 178, 2014 WL 3819476, 2014 Fla. App. LEXIS 11923

District Court of Appeal of Florida | Filed: Aug 5, 2014 | Docket: 750190

Published

petitioner’s particular set of circumstances.” § 120.565(1), Fla. Stat. (2013). “[A]n appellate court may

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

760 F.3d 1195, 2014 WL 3695296, 2014 U.S. App. LEXIS 14192

Court of Appeals for the Eleventh Circuit | Filed: Jul 25, 2014 | Docket: 356564

Published

particular set of circumstances.” Fla. Stat. § 120.565(1). Plaintiffs do not, however, challenge the

ExxonMobil Oil Corp. v. State, Department of Agriculture & Consumer Services

50 So. 3d 755, 2010 Fla. App. LEXIS 20237, 2010 WL 5306462

District Court of Appeal of Florida | Filed: Dec 28, 2010 | Docket: 60297347

Published

Department) for a declaratory statement pursuant to section 120.565, Florida Statutes (2009), seeking *757clarification

AmeriLoss Public Adjusting Corp. v. Lightbourn

46 So. 3d 107, 2010 Fla. App. LEXIS 15012, 2010 WL 3893912

District Court of Appeal of Florida | Filed: Oct 6, 2010 | Docket: 2399308

Published

Statement ("Petition") with the Department under section 120.565, Florida Statutes (2008), which allows "[a]ny

AFSCME Florida Council 79 v. State, Department of Corrections

23 So. 3d 748, 2009 Fla. App. LEXIS 16874, 2009 WL 3786537

District Court of Appeal of Florida | Filed: Nov 13, 2009 | Docket: 1657420

Published

administrative remedies available to him under Section 120.565, Florida Statutes. 7. The Clarification ..

Carr v. Old Port Cove Property Owners Ass'n

8 So. 3d 403, 2009 Fla. App. LEXIS 2209, 2009 WL 690807

District Court of Appeal of Florida | Filed: Mar 18, 2009 | Docket: 60305473

Published

ignoring all of the issues raised by the POA. Section 120.565, Florida Statutes (2006) governs the right

Gopman v. Department of Education

908 So. 2d 1118, 2005 Fla. App. LEXIS 11567

District Court of Appeal of Florida | Filed: Jul 25, 2005 | Docket: 64840011

Published

declaratory statement with DOE, pursuant to section 120.565, Florida Statutes, requesting that the Department

Amendments to the Florida Rules of Appellate Procedure

894 So. 2d 202, 30 Fla. L. Weekly Supp. 84, 2005 Fla. LEXIS 154, 2005 WL 242690

Supreme Court of Florida | Filed: Feb 3, 2005 | Docket: 64836172

Published

an appeal from any proceeding pursuant to section 120.565, Florida Statutes (declaratory statements)

Kahn v. State, Office of Insurance Regulation

881 So. 2d 699, 2004 Fla. App. LEXIS 13328, 2004 WL 1969687

District Court of Appeal of Florida | Filed: Sep 8, 2004 | Docket: 64832455

Published

“petition for declaratory statement under Section 120.565 is not the appropriate means to challenge agency

Osceola Fish Farm. Ass'n, Inc. v. Div., of Admin. Hear.

830 So. 2d 932, 2002 WL 31557666

District Court of Appeal of Florida | Filed: Nov 20, 2002 | Docket: 471423

Published

agency statement as an unadopted rule under section 120.565(4) becomes moot when the administrative agency

Jerry Bainbridge v. John Bush

311 F.3d 1104, 2002 WL 31487618

Court of Appeals for the Eleventh Circuit | Filed: Nov 8, 2002 | Docket: 2039040

Published

has not been undertaken. See Fla. Stat. Ann. § 120.565(1). . Whether wineries may ship directly to

Jerry Bainbridge v. John Bush

311 F.3d 1104

Court of Appeals for the Eleventh Circuit | Filed: Nov 8, 2002 | Docket: 397552

Published

has not been undertaken. See FLA. STAT. ANN. § 120.565(1). 6 Whether wineries may ship

Amendments to Florida Rules of Appellate Procedure

827 So. 2d 888, 27 Fla. L. Weekly Supp. 730, 2002 Fla. LEXIS 1810, 2002 WL 1981372

Supreme Court of Florida | Filed: Aug 29, 2002 | Docket: 64818042

Published

an appeal from any proceeding pursuant to section 120.565, Florida Statutes (declaratory statements)

Liberty Care Plan v. Department of Insurance

710 So. 2d 202, 1998 Fla. App. LEXIS 4849, 1998 WL 216047

District Court of Appeal of Florida | Filed: May 5, 1998 | Docket: 64780769

Published

Department of Insurance (DOI), pursuant to section 120.565, Florida Statutes (1995), which determined

Sun Coast Home Care, Inc. v. State, Department of Insurance

710 So. 2d 120, 1998 Fla. App. LEXIS 3772, 1998 WL 171478

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 64780746

Published

by the Department of Insurance pursuant to section 120.565, Florida Statutes (Supp.1996). The declaratory

Department of Revenue v. Accredited Surety & Casualty Co.

690 So. 2d 614, 1997 Fla. App. LEXIS 1018, 1997 WL 63678

District Court of Appeal of Florida | Filed: Feb 14, 1997 | Docket: 64772154

Published

the DOR seeking a determination, pursuant to section 120.565, Florida Statutes, whether a documentary stamp

East Central Regional Waste-Water Facilities Operation Board v. City of West Palm Beach

659 So. 2d 402, 1995 Fla. App. LEXIS 8197, 1995 WL 455433

District Court of Appeal of Florida | Filed: Aug 2, 1995 | Docket: 64758347

Published

Department of Community Affairs (DCA), pursuant to section 120.565, Florida Statutes (1993), on a petition filed

FLORIDA HOTEL & MOTEL ASS'N v. State, Department of Revenue

635 So. 2d 1044, 1994 Fla. App. LEXIS 4101, 1994 WL 148157

District Court of Appeal of Florida | Filed: Apr 27, 1994 | Docket: 1705380

Published

1992, appellants filed a petition pursuant to section 120.565, Florida Statutes (1991), and rule 12-2.010

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

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

District Court of Appeal of Florida | Filed: Oct 29, 1992 | Docket: 64691781

Published

authority to issue declaratory statements under Section 120.565, Florida Statutes (1991), is limited to issuing

Rector v. Department of Business Regulation, Division of Pari-Mutuel Wagering

592 So. 2d 797, 1992 Fla. App. LEXIS 773, 1992 WL 16630

District Court of Appeal of Florida | Filed: Feb 5, 1992 | Docket: 64664775

Published

appeal from a declaratory statement pursuant to section 120.565, Florida Statutes (1989), rendered by the Division

B.J.L. v. Department of Health & Rehabilitative Services

558 So. 2d 1078, 1990 Fla. App. LEXIS 1735, 1990 WL 28180

District Court of Appeal of Florida | Filed: Mar 16, 1990 | Docket: 64649167

Published

her name from child abuse registry records. Section 120.565, Florida Statutes, allows a party to use a

State, Department of Administration, Division of Retirement v. University of Florida

531 So. 2d 377, 13 Fla. L. Weekly 2134, 1988 Fla. App. LEXIS 4053, 1988 WL 93290

District Court of Appeal of Florida | Filed: Sep 13, 1988 | Docket: 64637135

Published

whether paid by the university or by the county. Section 120.565, Florida Statutes, provides: A declaratory

Royster Co. v. State, Department of Revenue

519 So. 2d 46, 13 Fla. L. Weekly 197, 1988 Fla. App. LEXIS 173, 1988 WL 2620

District Court of Appeal of Florida | Filed: Jan 14, 1988 | Docket: 64632182

Published

issued by the Florida Department of Revenue. See § 120.565 Florida Statutes (1985). We affirm the conclusions

Hillsborough County Hospital Authority v. State, Department of Administration, Division of Retirement

495 So. 2d 249, 11 Fla. L. Weekly 2064, 1986 Fla. App. LEXIS 9837

District Court of Appeal of Florida | Filed: Sep 26, 1986 | Docket: 64622039

Published

a declaratory statement issued pursuant to section 120.-565, Florida Statutes (1983). On behalf of Tampa

Jacksonville Electric Authority v. Department of Revenue

486 So. 2d 1350, 11 Fla. L. Weekly 760, 1986 Fla. App. LEXIS 7057

District Court of Appeal of Florida | Filed: Mar 31, 1986 | Docket: 64618755

Published

Revenue a declaratory statement pursuant to section 120.565, Florida Statutes (1983), concerning the section

Federation of Mobile Home Owners of Florida, Inc. v. Department of Business Regulation, Division of Florida Land Sales, Condominiums & Mobile Homes

479 So. 2d 252, 10 Fla. L. Weekly 2697, 1985 Fla. App. LEXIS 17146

District Court of Appeal of Florida | Filed: Dec 4, 1985 | Docket: 64615887

Published

petition for a declaratory statement pursuant to section 120.565, Florida Statutes (1983). The Federation is

Department of Professional Regulation, Board of Professional Engineers v. Florida Society of Professional Land Surveyors

475 So. 2d 939, 10 Fla. L. Weekly 2081, 1985 Fla. App. LEXIS 15739

District Court of Appeal of Florida | Filed: Sep 4, 1985 | Docket: 64614315

Published

supported by the fact that the Board, under section 120.565, Florida Statutes (1983), is required to give

Department of Professional Regulation, Board of Professional Engineers v. Florida Society of Professional Land Surveyors

475 So. 2d 939, 10 Fla. L. Weekly 2081, 1985 Fla. App. LEXIS 15739

District Court of Appeal of Florida | Filed: Sep 4, 1985 | Docket: 64614315

Published

supported by the fact that the Board, under section 120.565, Florida Statutes (1983), is required to give

Retail Grocers Ass'n of Florida Self Insurers Fund v. Department of Labor & Employment Security, Division of Workers' Compensation

474 So. 2d 379, 10 Fla. L. Weekly 1946, 1985 Fla. App. LEXIS 15507

District Court of Appeal of Florida | Filed: Aug 13, 1985 | Docket: 64613706

Published

petition for a declaratory statement, pursuant to Section 120.565, Florida Statutes, generally reciting the above

Eastern Air Lines, Inc. v. Hillsborough County Aviation Authority

454 So. 2d 1076, 9 Fla. L. Weekly 1920, 1984 Fla. App. LEXIS 14946

District Court of Appeal of Florida | Filed: Sep 5, 1984 | Docket: 64606551

Published

points out, section 120.565 of the APA affords the Authority an alternative remedy. Section 120.565 reads in

Somerset Importers, Ltd. v. Department of Business Regulation, Division of Alcoholic Beverages & Tobacco

428 So. 2d 679, 1983 Fla. App. LEXIS 18484

District Court of Appeal of Florida | Filed: Jan 14, 1983 | Docket: 64595853

Published

appellee pursuant to appellant’s request under § 120.565, Florida Statutes. We affirm. Appellant is a manufacturer

Mental Health District Board, II-B v. Florida Department of Health & Rehabilitative Services

425 So. 2d 160, 1983 Fla. App. LEXIS 18414

District Court of Appeal of Florida | Filed: Jan 7, 1983 | Docket: 64594645

Published

a declaratory statement issued pursuant to Section 120.-565, Florida Statutes, by the Department of Health

Galbreath v. School Board of Broward County

424 So. 2d 837, 8 Educ. L. Rep. 898, 1982 Fla. App. LEXIS 22233

District Court of Appeal of Florida | Filed: Nov 17, 1982 | Docket: 64594499

Published

Weekly on March 6, 1981, in compliance with Section 120.565, Florida Statutes (1979). On March 26,1981

Law v. Florida Parole & Probation Commission

411 So. 2d 1329, 1982 Fla. App. LEXIS 19385

District Court of Appeal of Florida | Filed: Mar 8, 1982 | Docket: 64588980

Published

them as declaratory statements as described in § 120.565, Fla.Stat. (1981).5 We find, under the circumstances

Florida Optometric Association, Inc. v. Department of Professional Regulation

399 So. 2d 6, 1981 Fla. App. LEXIS 19730

District Court of Appeal of Florida | Filed: May 5, 1981 | Docket: 1652411

Published

Judge. This is an appeal from appellee Board's § 120.565 declaratory statement in response to a question

Florida Institutional Legal Services, Inc. v. Florida Parole & Probation Commission

391 So. 2d 247, 1980 Fla. App. LEXIS 18219

District Court of Appeal of Florida | Filed: Nov 26, 1980 | Docket: 64579225

Published

statements issued by the Commission pursuant to Section 120.565, and Commission determinations of presumptive

Metropolitan Dade County v. Dade County Employees, Local 1363

376 So. 2d 1206, 1979 Fla. App. LEXIS 16103

District Court of Appeal of Florida | Filed: Nov 7, 1979 | Docket: 64572808

Published

to the applicability of” chapter 447, see section 120.565, Florida Statutes (1978 Supp.), erred in finding

General Wholesale Co. v. Division of Alcoholic Beverages & Tobacco

375 So. 2d 581, 1979 Fla. App. LEXIS 15406

District Court of Appeal of Florida | Filed: Aug 21, 1979 | Docket: 64572126

Published

Responding to a petition for declaratory statement, Section 120.565, Florida Statutes (1978 Supp.), the Division

Florida Rock & Tank Lines, Inc. v. Hawkins

372 So. 2d 447, 1979 Fla. LEXIS 4698

Supreme Court of Florida | Filed: Jun 14, 1979 | Docket: 64570849

Published

declaratory statement procedure prescribed by section 120.565, Florida Statutes (1977),1 and, consequently

State, Department of Health & Rehabilitative Services v. Professional Firefighters of Florida, Inc.

366 So. 2d 1276, 1979 Fla. App. LEXIS 14168

District Court of Appeal of Florida | Filed: Feb 9, 1979 | Docket: 64568359

Published

controlling. In Barr, certain parties participated in a § 120.565 proceeding following which the agency issued a

Seward v. Department of Administration, Division of Retirement

366 So. 2d 82, 1978 Fla. App. LEXIS 17010

District Court of Appeal of Florida | Filed: Dec 28, 1978 | Docket: 64567944

Published

Acting C. J., and MELVIN, J., concur. . Section 120.565, Fla.Stat. (1977), provides for declaratory

State Department of Health & Rehabilitative Services v. Barr

359 So. 2d 503, 1978 Fla. App. LEXIS 16071

District Court of Appeal of Florida | Filed: May 18, 1978 | Docket: 64564818

Published

Department has issued a declaratory statement, Section 120.565, which constitutes an illicit rule not promulgated

Dairy Service Corp. v. State, Department of Citrus

340 So. 2d 1223, 1976 Fla. App. LEXIS 15825

District Court of Appeal of Florida | Filed: Dec 17, 1976 | Docket: 64556522

Published

statement” on that issue contemplated by F.S. § 120.565. We are told that this section of the Administrative

Florida Sheriffs Ass'n v. State Department of Administration, Division of Retirement

332 So. 2d 36, 1976 Fla. App. LEXIS 14343

District Court of Appeal of Florida | Filed: May 14, 1976 | Docket: 64553639

Published

from respondent a declaratory judgment under § 120.565, Florida Statutes. The question presented by petitioner