Charles K. Bortell, Jr.; It is well established that declaratory statements issued pursuant to section 120.565, Fla. Stat., can be applicable only to the specific petitioner and question that is not so limited and would require a response that is ...

 

DEPARTMENT OF FINANCIAL SERVICES
Division of Insurance Agents and Agency Services

NOTICE IS HEREBY GIVEN THAT Florida Department of Financial Services has declined to rule on the petition for declaratory statement filed by Charles K. Bortell, Jr. on April 11, 2008. The following is a summary of the agency’s declination of the petition:

It is well established that declaratory statements issued pursuant to Section 120.565, Florida Statutes, can be applicable only to the specific petitioner and question that is not so limited and would require a response that is the equivalent of a rule. Therefore, the instant petition, which by its own terms, is not limited in its application to the specific petitioner, but to all similarly licensed insurance agents, must be denied. Also the Petition asks for a declaratory statement relative to ongoing conduct, which circumstance also militates for denial of the petition. Novick v. Department of Health, 816 So.2d 1237 (Fla. 5th DCA 2002).

A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Douglas Shropshire, Staff Counsel, Department of Financial Services, Division of Legal Services, Larson Building, 6th Floor, 200 East Gaines Street, Tallahassee, Florida 32399-0333, or by email at [e-mail].