Choice Plus LLC; The petitioner requested the Department issue a declaration describing what form of judicial process and documentation the Department deems is necessary for a creditor to be considered an "owner" under chapter 717, Florida Statutes (...

 

DEPARTMENT OF FINANCIAL SERVICES

NOTICE IS HEREBY GIVEN that Department of Financial Services has declined to rule on the petition for declaratory statement filed by Choice Plus, LLC on March 7, 2017. The following is a summary of the agency’s declination of the petition:

The petitioner requested the Department issue a declaration describing what form of judicial process and documentation the Department deems is necessary for a creditor to be considered an “owner” under chapter 717, Florida Statutes (2016), and as articulated in Martin Young Private Investigative Agency, Inc. v. Department of Banking and Finance, 659 So.2d 410 (Fla. 1st DCA 1995). The Department’s Final Order entered on May 31, 2017, declined to issue a declaratory statement because the petition asks for the Department’s interpretation of an appellate court decision and, therefore, cannot support the rendition of a declaratory statement, requires a response of such a general and consistent nature as to meet the definition of a rule, and makes allegations that are not a “particular set of circumstances” necessary to requesting a declaratory statement.

A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Candace Tibbetts, Deputy Agency Clerk, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-4247, [phone], [e-mail].