Kellogg & Kimsey, Inc.,; The Notice of Petition for Declaratory Statement was published in Volume 42, No. 246, of the December 21, 2016, Florida Administrative Register. Petitioner asks the Board if Licensure as an “underground utility and ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Construction Industry Licensing Board

NOTICE IS HEREBY GIVEN that Construction Industry Licensing Board has issued an order disposing of the petition for declaratory statement filed by Kellogg & Kimsey, Inc., on December 13, 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. 246, of the December 21, 2016, Florida Administrative Register. Petitioner asks the Board if Licensure as an “underground utility and excavation contractor’ as defined in s. 489.105(3)(n), Fla. Stat., is required for a Subcontractor hired by Petitioner. The Board considered the Petition at its meeting held on February 10, 2017, in Jacksonville, Florida. The Board’s Order, filed on March 7, 2017, declines to issue a declaratory statement for the following reasons: (a) Petitioner’s petition appears to apply to the conduct of another, i.e. a subcontractor. (b) Petitioner’s request for clarification appears to apply to past practice. (c) Petitioner’s petition does not apply only to petitioner’s particular set of circumstances, but rather is a matter of general applicability; (d) It appears that there is ongoing litigation related to the facts enumerated in the Petition; (e) That ss. 489.113(2) and 489.105(3)(n), Fla. Stat. are not ambiguous.

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