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The post below was published on Saturday, January 22nd, 2011 at 10:50 PM.

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First District: Declaratory Statements

The appellant in this case petitioned the Department of Agriculture and Consumer Services for a declaratory statement regarding Florida’s price gouging law. The department declined to address the issue and dismissed the petition. On appeal, the First District reversed.

The case offers some insight into the tension between a system of government that, on the whole, does not like providing the public with legal advice outside a traditional dispute with a winner and loser, and citizens’ occasional need for clarification of how the laws will be enforced, particularly in the regulatory context. After all, the best way to avoid breaking the law is to understand what it prohibits or requires.

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