Chiles v. Department of State, Division of Elections

In Chiles v. Department of State, Division of Elections, 711 So. 2d 151, 154 (Fla. 1st DCA 1998), the court concluded that pursuant to the 1996 revisions to section 120.565(1), Florida Statutes, there is no longer a requirement that issues raised in a petition for declaratory statement apply only to the petitioner. In Chiles v. Department of State, Division of Elections, the Court explained: The purpose of a declaratory statement is to address the applicability of a statutory provision or an order or rule of the agency in particular circumstances. See 120.565, Florida Statutes (1996). A party who obtains a statement of the agency's position may avoid costly administrative litigation by selecting the proper course of action in advance. Moreover, the reasoning employed by the agency in support of a declaratory statement may offer useful guidance to others who are likely to interact with the agency in similar circumstances. . . .See Chiles, 711 So. 2d at 154-155. The court further explained that the notice provision in section 120.565(3) "accounts for the possibility that a declaratory statement may, in a practical sense, affect the rights of other parties." See id. at 155.