Frank Herrada; The Notice of Petition for Declaratory Statement was published in Volume 42, No. 171, of the September 1, 2016, Florida Administrative Register. The Petitioner seeks a declaratory statement as to the applicability of 489.113(3)(c), F....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Construction Industry Licensing Board

NOTICE IS HEREBY GIVEN that the Construction Industry Licensing Board has issued an order disposing of the petition for declaratory statement filed by Frank Herrada on August 09, 2016. The following is a summary of the agency's disposition of the petition:

The Notice of Petition for Declaratory Statement was published in Volume 42, No. 171, of the September 1, 2016, Florida Administrative Register. The Petitioner seeks a declaratory statement as to the applicability of 489.113(3)(c), F.S., as it applies to building a concrete swimming pool provided that the required electrical work is subcontracted out. The Board considered the Petition at its meeting held on October 14, 2016, in Melbourne, Florida. The Board’s Order, filed on December 6, 2016, declines to issue a declaratory statement in this matter because the Petitioner’s petition is vague and does not state a particular set of circumstances to which the statute in question would apply as required by 120.565, F.S. The Petitioner’s request for clarification appears to apply to past practice as well as future practice and also appears to apply to all general contractors. The Petitioner’s petition appears to apply to the conduct of a third party for which potential litigation may ensue and the Board does not have jurisdiction over individual counties. It is the Board’s opinion that s. 489113(3)(c), F.S., is not ambiguous, and declines to clarify the statute.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Dan Biggins, Executive Director, Construction Industry Licensing Board, 2601 Blair Stone Road, Tallahassee, FL 32399-1039, telephone: [phone] or by electronic mail: [e-mail].