The Importance And Proper Use Of Administrative Declaratory Statements

Fred Dudley is Senior Counsel in our Tallahassee office

Many attorneys may be familiar with judicial proceedings for declaratory judgments authorized by F.S. Ch. 86, but may not be as familiar with the importance and use of administrative proceedings for declaratory statements authorized in F.S. Ch. 120, the Administrative Procedure Act. This article describes the application of the major legal principles and recent rule changes proposed by the Administrative Law Section for the effective use of declaratory statements.¹

A declaratory statement is used to obtain an interpretation of a statute, rule, or order from a state agency as applicable to a petitioner's "particular set of circumstances."² It is a means of resolving a controversy or addressing questions or doubts about the applicability of statutes, rules, or agency orders.