Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE- REGULAR- CYCLE REPORT., 256 So. 3d 1218 (Fla. 2018)

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

WEST FLAGLER ASSOCIATES, LTD. v. STATE H T, 220 So. 3d 1239 (Fla. Dist. Ct. App. 2017)

. . . .” § 120.565(1). . . . Reversed and remanded for further proceedings in accordance with this opinion, . § 120.565, Fla. . . .

Dr. WOLLSCHLAEGER v. GOVERNOR, FLORIDA, 848 F.3d 1293 (11th Cir. 2017)

. . . . § 120.565; Fla. Dep’t of Business & Prof'l Regulation v. . . .

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, v. GRAHAM, v., 191 So. 3d 890 (Fla. 2016)

. . . 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 . . .

SOCIETY FOR CLINICAL AND MEDICAL HAIR REMOVAL, INC. SCMHR v. DEPARTMENT OF HEALTH,, 183 So. 3d 1138 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

CITIZENS OF STATE OFFICE OF PUBLIC COUNSEL, v. FLORIDA PUBLIC SERVICE COMMISSION AND UTILITIES, INC., 164 So. 3d 58 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

THRIVENT FINANCIAL FOR LUTHERANS, v. STATE DEPARTMENT OF FINANCIAL SERVICES,, 145 So. 3d 178 (Fla. Dist. Ct. App. 2014)

. . . .” § 120.565(1), Fla. Stat. (2013). . . .

Dr. WOLLSCHLAEGER, Dr. Dr. v. GOVERNOR OF FLORIDA, P. El s a, 760 F.3d 1195 (11th Cir. 2014)

. . . . § 120.565(1). . . .

EXXONMOBIL OIL CORPORATION, v. STATE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,, 50 So. 3d 755 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

AMERILOSS PUBLIC ADJUSTING CORP. v. In LIGHTBOURN,, 46 So. 3d 107 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

STATE DEPARTMENT OF MANAGEMENT SERVICES v. CITY OF DELRAY BEACH,, 40 So. 3d 835 (Fla. Dist. Ct. App. 2010)

. . . seeking declaratory judgment, it had received what was in effect at least a declaratory statement, see § 120.565 . . .

AFSCME FLORIDA COUNCIL AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL- CIO, v. STATE DEPARTMENT OF CORRECTIONS, 23 So. 3d 748 (Fla. Dist. Ct. App. 2009)

. . . Florida Insurance Health Care Plans through the administrative remedies available to him under Section 120.565 . . .

J. CARR, v. OLD PORT COVE PROPERTY OWNERS ASSOCIATION, INC., 8 So. 3d 403 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, v. FISH AND WILDLIFE CONSERVATION COMMISSION, v. v., 993 So. 2d 69 (Fla. Dist. Ct. App. 2008)

. . . defines a final order as a written final decision which results from a proceeding under s. 120.56, s. 120.565 . . .

ADVENTIST HEALTH SYSTEM SUNBELT, INC. v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 955 So. 2d 1173 (Fla. Dist. Ct. App. 2007)

. . . Section 120.565(1), Florida Statutes (2005), contains the following provision regarding the right of . . .

NATIONAL ASSOCIATION OF OPTOMETRISTS AND OPTICIANS, v. FLORIDA DEPARTMENT OF HEALTH, FLORIDA BOARD OF OPTOMETRY, v., 922 So. 2d 1060 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

PPI, INC. a a a a v. FLORIDA DEPARTMENT OF BUSINESS PROFESSIONAL REGULATION, DIVISION OF PARI- MUTUEL WAGERING, a a, 917 So. 2d 1020 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

B. GOPMAN, v. DEPARTMENT OF EDUCATION, STATE OF FLORIDA,, 908 So. 2d 1118 (Fla. Dist. Ct. App. 2005)

. . . addition, at about this time, he filed a petition for declaratory statement with DOE, pursuant to section 120.565 . . .

AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, 894 So. 2d 202 (Fla. 2005)

. . . (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 . . .

AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, THE FLORIDA RULES OF CIVIL PROCEDURE, THE FLORIDA RULES OF CRIMINAL PROCEDURE, THE FLORIDA FAMILY LAW RULES OF PROCEDURE, THE FLORIDA RULES OF JUVENILE PROCEDURE, AND THE FLORIDA PROBATE RULES, 887 So. 2d 1090 (Fla. 2004)

. . . (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 . . .

LENNAR HOMES, INC. v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES,, 888 So. 2d 50 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

S. KAHN, v. STATE OFFICE OF INSURANCE REGULATION,, 881 So. 2d 699 (Fla. Dist. Ct. App. 2004)

. . . 558 So.2d 1078 (Fla. 1st DCA 1990)(ruling that a “petition for declaratory statement under Section 120.565 . . .

OFFICE OF FIRE CODE OFFICIAL OF COLLIER COUNTY FIRE CONTROL AND RESCUE DISTRICTS, v. FLORIDA DEPARTMENT OF FINANCIAL SERVICES, 869 So. 2d 1233 (Fla. Dist. Ct. App. 2004)

. . . a local enforcing agency, the State Fire Marshall shall issue declaratory statements pursuant to s. 120.565 . . .

LEVEL COMMUNICATIONS, LLC, v. E. JACOBS, Jr., 841 So. 2d 447 (Fla. 2003)

. . . BACKGROUND On May 1, 2001, Level 3 Communications, LLC (Level 3), pursuant to section 120.565, Florida . . .

ST. JOHNS COUNTY, v. DEPARTMENT OF COMMUNITY AFFAIRS, G., 836 So. 2d 1034 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

OSCEOLA FISH FARMERS ASSOCIATION, INC. v. DIVISION OF ADMINISTRATIVE HEARINGS, 830 So. 2d 932 (Fla. Dist. Ct. App. 2002)

. . . administrative proceeding commenced to challenge an agency statement as an unadopted rule under section 120.565 . . .

BAINBRIDGE, E. v. E. TURNER,, 311 F.3d 1104 (11th Cir. 2002)

. . . . § 120.565(1). . . . .

AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 827 So. 2d 888 (Fla. 2002)

. . . (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 . . .

NOVICE, M. D. v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 816 So. 2d 1237 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 780 So. 2d 834 (Fla. 2000)

. . . (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 . . .

GREAT HOUSE OF WINE, INC. v. FLORIDA DEPARTMENT OF BUSINESS PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES TOBACCO,, 752 So. 2d 728 (Fla. Dist. Ct. App. 2000)

. . . See § 120.565, Fla. Stat. (1997). . . .

FRIENDS OF FLORIDA, INC. G. v. STATE DEPARTMENT OF COMMUNITY AFFAIRS, St., 760 So. 2d 154 (Fla. Dist. Ct. App. 2000)

. . . 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 . . .

FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI- MUTUEL WAGERING, v. INVESTMENT CORP. OF PALM BEACH, d b a, 747 So. 2d 374 (Fla. 1999)

. . . .” § 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). . . .

A. GRIPPE, v. FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, MOBILE HOMES,, 729 So. 2d 459 (Fla. Dist. Ct. App. 1999)

. . . . § 120.565(1), Fla. Stat. (1997). . . . Section 120.565 provides in pertinent part: 120.565. . . . . § 120.565, Fla. Stat. (1997) (emphasis supplied). . . .

INVESTMENT CORP. OF PALM BEACH d b a v. DIVISION OF PARI- MUTUEL WAGERING, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 714 So. 2d 589 (Fla. Dist. Ct. App. 1998)

. . . 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 . . .

CHILES, F. v. DEPARTMENT OF STATE, DIVISION OF ELECTIONS,, 711 So. 2d 151 (Fla. Dist. Ct. App. 1998)

. . . 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 . . .

LIBERTY CARE PLAN, v. DEPARTMENT OF INSURANCE,, 710 So. 2d 202 (Fla. Dist. Ct. App. 1998)

. . . 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 HOME CARE, INC. v. STATE DEPARTMENT OF INSURANCE,, 710 So. 2d 120 (Fla. Dist. Ct. App. 1998)

. . . Sun Coast), appeals a declaratory statement issued by the Department of Insurance pursuant to section 120.565 . . .

SECRETARY OF STATE, B. v. F. MILLIGAN,, 704 So. 2d 152 (Fla. Dist. Ct. App. 1997)

. . . As a “declaratory statement” within the meaning of the Administrative Procedure Act, § 120.565, Fla. . . .

J. HILL, v. DIVISION OF RETIREMENT,, 687 So. 2d 1376 (Fla. Dist. Ct. App. 1997)

. . . defines a final order as “a written final decision which results from a proceeding under s. 120.56, s. 120.565 . . .

DEPARTMENT OF REVENUE, v. ACCREDITED SURETY CASUALTY COMPANY, INC., 690 So. 2d 614 (Fla. Dist. Ct. App. 1997)

. . . filed a request for a Declaratory Statement with the DOR seeking a determination, pursuant to section 120.565 . . .

AMENDMENT TO FLORIDA RULE OF APPELLATE PROCEDURE a AND ADOPTION OF FLORIDA RULE OF APPELLATE PROCEDURE, 681 So. 2d 1132 (Fla. 1996)

. . . (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 . . .

WARNING SAFETY LIGHTS OF GEORGIA, INC. v. STATE DEPARTMENT OF REVENUE, L. H., 678 So. 2d 1377 (Fla. Dist. Ct. App. 1996)

. . . 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 . . .

C. CROW, M. D. v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 669 So. 2d 1160 (Fla. Dist. Ct. App. 1996)

. . . The final order is a declaratory statement issued pursuant to section 120.565, Florida Statutes and constitutes . . .

EAST CENTRAL REGIONAL WASTE- WATER FACILITIES OPERATION BOARD, v. CITY OF WEST PALM BEACH, 659 So. 2d 402 (Fla. Dist. Ct. App. 1995)

. . . 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 CORPORATION, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD, v. d b a VII,, 658 So. 2d 1092 (Fla. Dist. Ct. App. 1995)

. . . Cepcot petitioned for a declaratory statement under section 120.565. . . .

C. SUTTON, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 654 So. 2d 1047 (Fla. Dist. Ct. App. 1995)

. . . . § 120.565, Fla.Stat. (1993) (emphasis supplied). . . .

TAMPA ELECTRIC COMPANY, v. FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS,, 654 So. 2d 998 (Fla. Dist. Ct. App. 1995)

. . . 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 . . .

REGAL KITCHENS, INC. v. FLORIDA DEPARTMENT OF REVENUE,, 641 So. 2d 158 (Fla. Dist. Ct. App. 1994)

. . . 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 . . .

FLORIDA HOTEL AND MOTEL ASSOCIATION, INC. v. STATE DEPARTMENT OF REVENUE,, 635 So. 2d 1044 (Fla. Dist. Ct. App. 1994)

. . . In April 1992, appellants filed a petition pursuant to section 120.565, Florida Statutes (1991), and . . .

FLORIDA EMPLOYERS INSURANCE SERVICE CORPORATION, v. SPECIAL DISABILITY TRUST FUND, DIVISION OF WORKERS COMPENSATION, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY,, 615 So. 2d 859 (Fla. Dist. Ct. App. 1993)

. . . 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). . . . .

THE PRINTING HOUSE, INC. v. STATE DEPARTMENT OF REVENUE,, 614 So. 2d 1119 (Fla. Dist. Ct. App. 1992)

. . . However, once an action has been initiated under s. 120.56, s. 120.565, or s. 120.57, no action relating . . .

COASTAL PETROLEUM COMPANY, a v. STATE DEPARTMENT NATURAL RESOURCES,, 608 So. 2d 110 (Fla. Dist. Ct. App. 1992)

. . . 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 . . .

P. RECTOR, v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF PARI- MUTUEL WAGERING,, 592 So. 2d 797 (Fla. Dist. Ct. App. 1992)

. . . 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 . . .

FRIENDS OF THE HATCHINEHA, INC. v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 580 So. 2d 267 (Fla. Dist. Ct. App. 1991)

. . . 120.54) or by declaratory statement concerning the applicability of a statute, rule or order (Section 120.565 . . .

FLORIDA OPTOMETRIC ASSOCIATION P. O. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF OPTICIANRY,, 567 So. 2d 928 (Fla. Dist. Ct. App. 1990)

. . . 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. . . .

B. J. L. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 558 So. 2d 1078 (Fla. Dist. Ct. App. 1990)

. . . 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 . . .

FLORIDA PUBLIC SERVICE COMMISSION, v. CENTRAL CORPORATION,, 551 So. 2d 568 (Fla. Dist. Ct. App. 1989)

. . . 1st DCA 1981), in which we held that declaratory statement proceedings brought pursuant to section 120.565 . . .

DEPARTMENT OF PROFESSIONAL REGULATION, FLORIDA STATE BOARD OF MEDICINE, v. MARRERO, M. D., 536 So. 2d 1094 (Fla. Dist. Ct. App. 1988)

. . . specifically delegated, he could petition the agency for a declaratory statement pursuant to Section 120.565 . . .

FLORIDA SOCIETY OF OPHTHALMOLOGY J. M. D. C. M. D. H. M. D. v. STATE BOARD OF OPTOMETRY, 532 So. 2d 1279 (Fla. Dist. Ct. App. 1988)

. . . See, e.g., §§ 120.53(5), 120.54(4)(a), 120.56(1), 120.565, 120.57(1), Fla.Stat. (1987). . . . .

STATE DEPARTMENT OF ADMINISTRATION, DIVISION OF RETIREMENT, v. UNIVERSITY OF FLORIDA,, 531 So. 2d 377 (Fla. Dist. Ct. App. 1988)

. . . 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 . . .

ROYSTER COMPANY, v. STATE DEPARTMENT OF REVENUE,, 519 So. 2d 46 (Fla. Dist. Ct. App. 1988)

. . . See § 120.565 Florida Statutes (1985). . . .

FLORIDA EXPORT TOBACCO CO. INC. v. DEPARTMENT OF REVENUE, 510 So. 2d 936 (Fla. Dist. Ct. App. 1987)

. . . However, once an action has been initiated under s. 120.56, s. 120.565, or s. 120.57, no action relating . . .

SUNTIDE CONDOMINIUM ASSOCIATION, INC. v. DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES, DEPARTMENT OF BUSINESS REGULATIONS,, 504 So. 2d 1343 (Fla. Dist. Ct. App. 1987)

. . . a petition for declaratory statement under the Administrative Procedure Act, specifically, section 120.565 . . .

HOBE ASSOCIATES, LTD. a v. STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES,, 504 So. 2d 1301 (Fla. Dist. Ct. App. 1987)

. . . Alternatively, Hobe could have petitioned the agency for a declaratory statement pursuant to § 120.565 . . .

HILLSBOROUGH COUNTY HOSPITAL AUTHORITY v. STATE DEPARTMENT OF ADMINISTRATION, DIVISION OF RETIREMENT,, 495 So. 2d 249 (Fla. Dist. Ct. App. 1986)

. . . . § 120.565 (1983). We review its legality pursuant to section 120.68, Florida Statutes (1985). . . .

FLORIDA LEAGUE OF HOSPITALS, v. HOSPITAL COST CONTAINMENT BOARD, DEPARTMENT OF INSURANCE,, 492 So. 2d 431 (Fla. Dist. Ct. App. 1986)

. . . its reasons” for the denial of a petition; a petition for declaratory statement pursuant to Section 120.565 . . .

LITTLE MUNYON ISLAND, INC. v. DEPARTMENT OF ENVIRONMENTAL REGULATION,, 492 So. 2d 735 (Fla. Dist. Ct. App. 1986)

. . . declaratory statement issued by the Department of Environmental Regulation (DER) pursuant to Section 120.565 . . .

JACKSONVILLE ELECTRIC AUTHORITY, v. DEPARTMENT OF REVENUE, FLORIDA POWER LIGHT COMPANY, v. DEPARTMENT OF REVENUE,, 486 So. 2d 1350 (Fla. Dist. Ct. App. 1986)

. . . Authority sought and obtained from the Department of Revenue a declaratory statement pursuant to section 120.565 . . .

GLENDALE FEDERAL SAVINGS AND LOAN ASSOCIATION d b a a d b a a O a v. STATE DEPARTMENT OF INSURANCE, a, 485 So. 2d 1321 (Fla. Dist. Ct. App. 1986)

. . . might arguably have been sought from the department via a petition for declaratory statement, section 120.565 . . .

MANASOTA- INC. v. GARDINIER, INC. MANASOTA- INC. v. GARDINIER, INC. LYONS v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 481 So. 2d 948 (Fla. Dist. Ct. App. 1986)

. . . 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 . . .

FEDERATION OF MOBILE HOME OWNERS OF FLORIDA, INC. v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES,, 479 So. 2d 252 (Fla. Dist. Ct. App. 1985)

. . . 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 . . .

DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF PROFESSIONAL ENGINEERS, v. FLORIDA SOCIETY OF PROFESSIONAL LAND SURVEYORS, A., 475 So. 2d 939 (Fla. Dist. Ct. App. 1985)

. . . Our conclusion is further supported by the fact that the Board, under section 120.565, Florida Statutes . . .

RETAIL GROCERS ASSOCIATION OF FLORIDA SELF INSURERS FUND RGAF v. DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF WORKERS COMPENSATION,, 474 So. 2d 379 (Fla. Dist. Ct. App. 1985)

. . . 1984, appellants filed their first amended petition for a declaratory statement, pursuant to Section 120.565 . . . Section 120.565. . . .

EASTERN AIR LINES, INC. v. HILLSBOROUGH COUNTY AVIATION AUTHORITY,, 454 So. 2d 1076 (Fla. Dist. Ct. App. 1984)

. . . 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 . . .

ALL SEASONS RESORTS, INC. v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF LAND SALES, CONDOMINIUMS AND MOBILE HOMES,, 455 So. 2d 544 (Fla. Dist. Ct. App. 1984)

. . . 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 . . .

GRIFFITH, M. D. v. BOARD OF MEDICAL EXAMINERS,, 454 So. 2d 683 (Fla. Dist. Ct. App. 1984)

. . . July, 1983, Griffith filed with the Board a petition for declaratory statement pursuant to Section 120.565 . . .

LAMBERT v. H. ROGERS, J. L., 454 So. 2d 672 (Fla. Dist. Ct. App. 1984)

. . . non-final order of the circuit court which enjoined them from conducting a hearing pursuant to section 120.565 . . .

SANS SOUCI, a v. DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS, La a a, 448 So. 2d 1116 (Fla. Dist. Ct. App. 1984)

. . . 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 CORP. v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 431 So. 2d 684 (Fla. Dist. Ct. App. 1983)

. . . Florida Power appeals from a declaratory statement of the Department of Environmental Regulation, §§ 120.565 . . .

FLORIDA MEDICAL ASSOCIATION, INC. W. Jr. J. v. DEPARTMENT OF PROFESSIONAL REGULATION, A. O. D. D. O. D., 426 So. 2d 1112 (Fla. Dist. Ct. App. 1983)

. . . is in doubt, he has only to petition the Board of Pharmacy for a declaratory statement under Section 120.565 . . .

SOMERSET IMPORTERS, LTD. v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 428 So. 2d 679 (Fla. Dist. Ct. App. 1983)

. . . is an appeal from a declaratory statement issued by appellee pursuant to appellant’s request under § 120.565 . . .

MENTAL HEALTH DISTRICT BOARD, II- B, v. FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 425 So. 2d 160 (Fla. Dist. Ct. App. 1983)

. . . Section 120.565, Florida Statutes. . . .

WAHLQUIST, v. SCHOOL BOARD OF LIBERTY COUNTY, a, 423 So. 2d 471 (Fla. Dist. Ct. App. 1982)

. . . 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 . . .

A. GALBREATH, v. SCHOOL BOARD OF BROWARD COUNTY,, 424 So. 2d 837 (Fla. Dist. Ct. App. 1982)

. . . petition was published in the Florida Administrative Weekly on March 6, 1981, in compliance with Section 120.565 . . .

SANS SOUCI, a v. DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS, DEPARTMENT OF BUSINESS REGULATION, La a a, 421 So. 2d 623 (Fla. Dist. Ct. App. 1982)

. . . 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 . . .

STATE DEPARTMENT OF ENVIRONMENTAL REGULATION, v. FALLS CHASE SPECIAL TAXING DISTRICT,, 424 So. 2d 787 (Fla. Dist. Ct. App. 1982)

. . . 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 . . .

PIEZO TECHNOLOGY Co. Co. v. SMITH,, 413 So. 2d 121 (Fla. Dist. Ct. App. 1982)

. . . 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. . . .

COMMUNITIES FINANCIAL CORPORATION, a v. FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION,, 416 So. 2d 813 (Fla. Dist. Ct. App. 1982)

. . . Further, a petition for declaratory statement pursuant to Section 120.565, Florida Statutes, may well . . .

LAW, v. FLORIDA PAROLE AND PROBATION COMMISSION, DAVIS, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 411 So. 2d 1329 (Fla. Dist. Ct. App. 1982)

. . . 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 . . .

GRADY, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF COSMETOLOGY,, 402 So. 2d 438 (Fla. Dist. Ct. App. 1981)

. . . esthetician licensed in another state, requested the Florida Board of Cosmetology to issue a Section 120.565 . . .

FLORIDA OPTOMETRIC ASSOCIATION, INC. v. DEPARTMENT OF PROFESSIONAL REGULATION, DEPARTMENT OF PROFESSIONAL REGULATION v. BOARD OF OPTICIANRY, 399 So. 2d 6 (Fla. Dist. Ct. App. 1981)

. . . 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 . . .

LAWYERS PROFESSIONAL LIABILITY INSURANCE COMPANY v. SHAND, MORAHAN COMPANY, INC., 394 So. 2d 238 (Fla. Dist. Ct. App. 1981)

. . . scope of the remedies in declaratory statement proceedings under the Administrative Procedures Act, § 120.565 . . .

CITY OF TALLAHASSEE, v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 393 So. 2d 1147 (Fla. Dist. Ct. App. 1981)

. . . entered pursuant to a petition of the City of Tallahassee for a declaratory statement under Sections 120.565 . . .

FLORIDA INSTITUTIONAL LEGAL SERVICES, INC. v. FLORIDA PAROLE AND PROBATION COMMISSION,, 391 So. 2d 247 (Fla. Dist. Ct. App. 1980)

. . . as that which we review today, declaratory statements issued by the Commission pursuant to Section 120.565 . . .

TURNER, Jr. G. v. L. WAINWRIGHT, TURNER, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 379 So. 2d 148 (Fla. Dist. Ct. App. 1980)

. . . Sampson, 297 So.2d 120 (Fla. 4th DCA 1974); Sections 120.565, 120.68, Florida Statutes (1977). . . .

COUCH v. STATE, 377 So. 2d 32 (Fla. Dist. Ct. App. 1979)

. . . This appeal raises questions regarding the construction and applicability of Section 120.565, Florida . . .

METROPOLITAN DADE COUNTY, v. DADE COUNTY EMPLOYEES, LOCAL AFSCME, 376 So. 2d 1206 (Fla. Dist. Ct. App. 1979)

. . . authority to render a declaratory statement except “as to the applicability of” chapter 447, see section 120.565 . . .

GENERAL WHOLESALE COMPANY OF FLORIDA, v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Co., 375 So. 2d 581 (Fla. Dist. Ct. App. 1979)

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

FLORIDA ROCK AND TANK LINES, INC. v. F. HAWKINS, T. T., 372 So. 2d 447 (Fla. 1979)

. . . 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 . . .