Steven Jushchyshyn, In Re: G.B.S. Condominium Association, Inc., Docket No. 2014006021, filed on February 12, 2014.; Whether a declaratory statement can be made by the Division to help resolve a controversy if the controversy arises from the conduct ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Florida Condominiums, Timeshares and Mobile Homes

NOTICE IS HEREBY GIVEN that the Division of Florida Condominiums, Timeshares, and Mobile Homes, Department of Business and Professional Regulation, State of Florida, has received the petition for declaratory statement from Steven Jushchyshyn, In Re: G.B.S. Condominium Association, Inc., Docket No. 2014006021, filed on February 12, 2014. The petition seeks the agency's opinion as to the applicability of Rule 28-105.001, Florida Administrative Code, as it applies to the petitioner.

Whether a declaratory statement can be made by the Division to help resolve a controversy if the controversy arises from the conduct of another person; whether a declaratory statement can be made by the Division to help resolve a controversy if the controversy arises due to an action that has already taken place; whether the definition of “controversy” within the context of Rule 28-105.001, Florida Administrative Code, is substantially the same as the dictionary definition; whether “the conduct of another person” within the context of Rule 28-105.001, Florida Administrative Code, also applies to the conduct of an association where the association is not the petitioner; and whether the petitioner for a declaratory statement has sole responsibility for determining if the declaratory statement sought is to help resolve a controversy.

A copy of the Petition for Declaratory Statement may be obtained by contacting: Danny Brown, Administrative Assistant II, at Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-2217; [phone]; [e-mail].

Please refer all comments to: Brittany Finkbeiner, Chief Assistant General Counsel, Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-2202. Responses, motions to intervene, or requests for an agency hearing, Section 120.57(2), Florida Statutes, must be filed within 21 days of this notice.