Walter L. Gauntt; Notice of the Petition for Declaratory Statement was published on June 6, 2014, in Vol. 40, No. 110, of the Florida Administrative Register. The Petition seeks a declaration regarding Sections 493.6101(20) and (21), Florida ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Licensing (Formerly 1C)

NOTICE IS HEREBY GIVEN that DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Division of Licensing has declined to rule on the petition for declaratory statement filed by Walter L. Gauntt on June 02, 2014. The following is a summary of the agency's declination of the petition:

Notice of the Petition for Declaratory Statement was published on June 6, 2014, in Vol. 40, No. 110, of the Florida Administrative Register. The Petition seeks a declaration regarding Sections 493.6101(20) and (21), Florida Statutes, defining “recovery agency” and “recovery agent.” The Petition asserts that public safety is adversely affected should unlicensed individuals, specifically “forwarders,” or “brokers,” issue and supervise self-help repossession assignments. The question posed in the petition was whether the Department intended to enforce Sections 493.6101(20) and (21), Florida Statutes, as they were written. The Department’s Order, filed on June 25, 2014, declined to answer the petition as Petitioner failed to establish that he was affected by the referenced statutes as they apply to his particular circumstances. Additionally, the question asked regarding the Department’s enforcement of Chapter 493, Florida Statutes, related to the conduct of other parties, and was not the proper subject for a declaratory statement.

A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Whitney Shiver, Government Analyst I, Post Office Box 5647, Tallahassee, Florida 32314, or by e-mail: [e-mail], or by telephone [phone].