What is a declaratory statement ?


A declaratory statement is a means for resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the board, or department when there is no board, has authority, pursuant to Rule 28-105.001, Florida Administrative Code. A petition for declaratory statement may be used only to resolve questions or doubts as to how the statutes, rule, or order may apply to the petitioner’s particular circumstances. A declaratory statement is not the appropriate means for determining the conduct of another person or for obtaining a policy statement of general applicability. A petition for declaratory statement must describe the potential impact of the statutes, rules, or orders upon the petitioner’s interests.