Declaratory Statements

There are several ways the Office of Financial Regulation (OFR) can assist businesses with ensuring that they are operating legally.  Businesses can request a declaratory statement. This allows you to provide information about how you would like to operate to the agency and have the agency tell you if operating that way would be legal.

Any substantially affected person (i.e. a licensee or applicant) can seek a legally binding opinion as to how a statutory provision or administrative rule applies to their operations.  A declaratory statement is not the appropriate means for determining the conduct of another person or for obtaining a policy statement of general applicability.

A declaratory statement MUST contain all the following information:

  1. A caption that reads, “Petition for Declaratory Statement Before the Office of Financial Regulation.”
  2. Your name, address, telephone number, and e-mail address if available.
  3. If you are represented by an attorney, their name, address, telephone number, and e-mail address.
  4. The statute and administrative rules that are the subject your request.
  5. A description of how the statutes, rules, or orders substantially affect the petitioner in the petitioner's particular set of circumstances.
  6. The signature of the petitioner or of the petitioner's attorney or qualified representative.
  7. The date.

 

You should file your request with the OFR’s Agency Clerk. 

 

 

 

 

Applicable Statute and Rule

Chapter 120.565, Florida Statutes

Rule 28-105.002, Florida Administrative Code