Template Petition for Declaratory Statement
Section 120.565 of Florida’s Administrative Procedure Act is one of the most important and underutilized tools available to registrants.
In simple terms, it allows a person who is affected by an agency’s regulation (ie: sex offender restrictions) to ask the agency for a formal written determination about how a law, rule, or agency order applies to their specific situation. The request is called a “Petition for Declaratory Statement”. The agency must either issue a written answer or deny the petition within 90 days. The agency’s response can generally be relied upon by the petitioner.
For FAC members, this can be particularly useful because many Florida registration restrictions depend on questions that are often unclear, such as: Does this facility qualify as a “park”? Is this location a “public swimming pool” under SB 212? Does this property qualify as a place where children congregate? Is this residence within a prohibited zone? Does a particular exception apply to my circumstances?
Rather than waiting to be arrested and then arguing later, a person can ask the agency charged with enforcing the law to state its position beforehand. The petition must describe the person’s specific circumstances and identify the statute or rule in question.
One important caveat: a declaratory statement request should generally be directed to the agency that administers the statute or rule. In some situations, a county sheriff may not be considered the “agency” for purposes of issuing a declaratory statement under Chapter 120. Depending on the issue, the proper agency could be the Florida Department of Law Enforcement, the Florida Commission on Offender Review, or another state agency with jurisdiction.
A practical first step is often to submit a written request for interpretation to the local sheriff’s office or registration unit. If the response is unclear or conflicting, a formal declaratory statement may be appropriate.
Below is a template that FAC members can use. Be sure to replace the bracketed text and modify it if you are inquiring about a residence or to know whether a place you visit is within 500 feet of a prohibited location.
[DATE]
[AGENCY NAME]
[ADDRESS]
Re: Request for Written Determination Regarding Compliance with Florida Sexual Offender/Predator Residency and Proximity Restrictions Pursuant to Section 120.565 of Florida’s Administrative Procedure Act
Dear Sir or Madam:
I am writing to request a written determination regarding whether a specific location falls with the residency and/or proximity restrictions applicable to me under Florida law.
My information is as follows:
Name: [YOUR NAME]
Date of Birth: [YOUR DOB]
County of Registration: [COUNTY OF PERMANENT, TEMPORARY, OR TRANSIENT RESIDENCE]
The location for which I seek guidance is:
Property Address: [FULL PROPERTY ADDRESS YOU ARE INQUIRING ABOUT]
I am requesting a determination regarding whether this location is compliant with the State, County and/or Local Sexual Offender Residency Restriction (SORR) and whether it falls within the 500 feet Proximity Ordinance.
Specifically, I request that the agency identify:
1. Whether the location is compliant with applicable residency restrictions.
2. Any schools, parks, playgrounds, child care facilities, public swimming pools, or other restricted locations that the agency contends affect the property.
3. The method used to calculate any applicable distance.
4. The specific statute, ordinance, rule, or policy relied upon.
5. Whether the agency considers the location compliant as of the date of its response.
My understanding is that your agency enforces compliance with the applicable Florida Laws and therefore compliance will depend on your agency’s determination. I am requesting this guidance so that I may ensure full compliance with all applicable requirements.
Please provide your response in writing and thank you, in advance, for your assistance.
Respectfully submitted,
[YOUR NAME]
[YOUR ADDRESS]
[YOUR TELEPHONE NUMBER]
[YOUR EMAIL]
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
There is no “footage” for the proximity ordinance in Brevard County. It is simply not allowed in those areas.
That is completely incorrect. The Ordinance in Brevard reads, “No sexual offender or sexual predator shall enter into or remain within the 1,000-foot buffer zone surrounding any school, daycare center, park or playground except to:”
You can find the language of the ordinance here: https://library.municode.com/fl/brevard_county/codes/code_of_ordinances?nodeId=PTIICOOR_CH74OFMIPR_ARTVISEOFSEPR_S74-102SEOFSEPR
Businesses can self-declare themselves an off limit location also.
Please forgive me for my question, but I thought the 200′ proximity rule was now null and void, not 500′.
Probably referr8ng to the purnam county ordinance that say no two person required to register can have residence within 500ft of each other.
No – Under the new law that will go into effect on July 1, 2026 the “loitering and prowling” statute was increased from 300 feet to 500 feet and it was made illegal to “knowingly approach, contact, or communicate with, or approach with the intent to contact or communicate with a person younger than 18”
Given these changes, should we submit our questions and requests for clarification before the law takes effect, or wait until after July 1? We have several concerns about how these provisions will be interpreted, enforced, and implemented in practice, and we would like official guidance on their application.
Submit them now. Watch for this week’s Weekly Update for more guidance.
Great, I do have the locations of my VA medical facilities, private doctors’ offices, and the stores where I shop for sustainable items. Are those the types of locations you’re referring to?
Also, when you mention the agency, would that be the sheriff’s office or other law enforcement agency that has jurisdiction over the address where each location is situated?
So this is wild.
Say im within that 500 ft of said local.
And I speak to my children the cops could just arrest me without a warrant.
Oh yea this should be fun dealing with more and more law enforcement that dont care about anyone’s civil liberties or rights.
No, your children are an exclusion.