DS 2018-002 by WRS DEVELOPMENT LLC - Analysis

Section 120.565(1), Florida Statutes, states that “[a]ny substantially affected person may seek a declaratory statement regarding an agency’s opinion as to the applicability of a statutory provision, or of any rule or order of the agency, as it applies to the petitioner’s particular set of circumstances.

None of the Petitioner’s questions ask for an interpretation of any specific statutory or code provision and how it would apply to their circumstances. As such, the Petitioner’s questions cannot be answered via the declaratory statement process, and the petition for a declaratory statement should be denied.