John Nicholas Datesh, Jr., In Re: Botanical Place Condominium Association, Inc., Docket No. 2015024955,; The Division declined to issue a Declaratory Statement because it does not have authority to issue a statement when the record contains no ...

 

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 declined to rule on the petition for declaratory statement filed by John Nicholas Datesh, Jr., In Re: Botanical Place Condominium Association, Inc., Docket No. 2015024955, on June 1, 2015. The following is a summary of the agency’s declination of the petition:

The Division declined to issue a Declaratory Statement because it does not have authority to issue a statement when the record contains no competent, substantial evidence to support the declaration; and because it may not interpret a condominium declaration or an insurance contract in a declaratory statement proceeding; and because the petition raises a hypothetical question that does not relate to the particular circumstances in the petition. The order was filed with the Agency Clerk on July 24, 2015.

A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Rikki Anderson, 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].