NOTICE IS HEREBY GIVEN that Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation, State of Florida has declined to rule on the petition for declaratory statement filed by Regency Centers, L.P., DS 2011-020, on March 09, 2011. The following is a summary of the agency's declination of the petition:
Based upon the facts set out in the submitted Petition for Declaratory Statement, Petitioner is currently operating the proposed business model specified in the Statement. According to Florida Case Law, the purpose of a declaratory statement is to allow a petitioner to select a proper course of action in advance, and a petition for declaratory statement which seeks approval or disapproval of conduct which has already occurred is properly denied. Therefore, this Petition for Declaratory Statement is denied. Accordingly, this conclusion has no application in the event that the factual circumstances and/or relationships among the entities described herein are incorrect or change.
A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Agency Clerk, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-2217.
Please refer all comments to: Michael Ross, Chief Attorney, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-2202.