Division of Florida Condominiums, Timeshares, and Mobile Homes

What Is A Declaratory Statement and How to Request One

Declaratory statements are formal written positions taken by the Division of Florida Condominiums, Timeshares, and Mobile Homes (division). These statements are binding upon the parties who join in the proceeding. The purpose of declaratory statements is outlined in Rule 28-4.005, Florida Administrative Code, which states:

A declaratory statement is a means for resolving a controversy or
answering questions or doubts concerning the applicability of any
statutory provision, rule or order as it does, or may, apply to petitioner in
his particular circumstances only. The potential impact upon petitioner’s
interests must be alleged in order for petitioner to show the existence of a
controversy, question, or doubt.

Therefore, any person affected by specific provisions of the laws or administrative rules subject to division jurisdiction or final orders issued by the division with regard to that person’s rights, duties, or obligations may petition for a declaratory statement from the division. Requests for declaratory statements must show an actual and practical need for a declaratory statement.

The division receives numerous requests for declaratory statements that are denied for various reasons. Declaratory statements are not meant to address hypothetical situations. Questions should not be asked merely for curiosity’s sake. When drafting a petition for declaratory statement, ask yourself the following questions. If all of your answers are yes, there is a greater possibility that the division will issue a declaratory statement.

• Do you have an actual and practical need for a statement?
• Does your situation deal with a present set of facts?
• Has a controversy arisen over the question(s) that you are asking?
• Are you depending on the law to clarify or correct your problem?
• Are you or your association directly involved in this problem?

Any party requesting a declaratory statement who is dissatisfied with the statement after it has been rendered may appeal within 30 days of the date that the statement is rendered. Appeals are governed by Chapter 120, Florida Statutes, and the Florida Rules of Appellate Procedure.

If you are requesting a declaratory statement, please follow the suggested format for drafting a petition for a declaratory statement. All petitions vary to some degree, but must follow as closely as possible to this format in order to expedite your petition.

It is important to remember that declaratory statements deal only with a specific set of circumstances. The holding of the declaratory statement may or may not be applicable to other condominiums or cooperatives, depending on the circumstances involved.

TO DETERMINE THE APPLICATION OF A PREVIOUSLY ISSUED STATEMENT TO YOUR OWN CONDOMINIUM OR COOPERATIVE ASSOCIATION, IT IS SUGGESTED THAT YOU CONTACT AN ATTORNEY OF YOUR CHOICE FOR CLARIFICATION.

A petition for declaratory statement is a method by which a person or an entity may request the division to declare the rights of parties when a controversy has arisen, or to clarify the applicability of any statutory provision, rule or order as it applies to the petitioner in his/her particular set of circumstances. A declaratory statement, if issued, must be limited to an application of the statutes or rules subject to division jurisdiction, or orders of the division in relation to the petitioner’s specific set of facts. The respondent is notified when the division is considering issuance of a declaratory statement involving that respondent. Respondents may file a response to a petition.

Instructions for Requesting A Declaratory Statement