Michael Fernando Sierra Miranda; The petitioner sought a declaratory statement as to the applicability of Part VII of Ch. 468, F.S. as to whether Part VII of Ch. 468, F.S. rendered the contract between Petitioner and another party void ab initio ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

NOTICE IS HEREBY GIVEN that the Department of Business and Professional Regulation, Talent Agencies has declined to rule on the petition for declaratory statement filed by Michael Fernando Sierra Miranda on November 4, 2016. The following is a summary of the agency’s declination of the petition:

The petitioner sought a declaratory statement as to the applicability of Part VII of Ch. 468, F.S. as to whether Part VII of Ch. 468, F.S. rendered the contract between Petitioner and another party void ab initio based on allegations that the other party engaged in unlicensed activity. The Department declines to issue a declaratory statement regarding conduct by someone other than the Petitioner as a declaratory statement is not the appropriate means for determining the conduct of another person. The Department also declines to issue a declaratory statement regarding conduct that has already occurred as the purpose of a declaratory statement is to allow the petitioner to select a proper course of action in advance. The Department also declines to issue a declaratory statement regarding whether the contract is void ab initio as a declaratory statement is not the proper vehicle for contract disputes and the Department does not have the authority to declare the contract void ab initio.

A copy of the Order Declining the Petition for Declaratory Statement may be obtained by contacting: Department of Business and Professional Regulation, Agency Clerk’s Office, 2601 Blair Stone Rd., Tallahassee, Florida 32399-2202, [phone], [e-mail].