Article: The evolution of declaratory statements.(Florida Administrative Procedure Act)

The Florida Administrative Procedure Act contains a seemingly straightforward remedy for persons in need of state agency guidance regarding interpretation of an agency's regulatory response to a particular fact pattern. A declaratory statement may be requested pursuant to F.S. [section] 120.565, which reads: "(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." This article reviews three areas of significant change with respect to the availability and scope of declaratory ...

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