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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

NOTICE IS HEREBY GIVEN that the Florida Department of Business and Professional Regulation has declined to grant the petition for declaratory statement filed by Steven Jarrett Palmer on November 14, 2016. The following is a summary of the agency’s declination of the petition:

The petition sought the agency’s opinion as to the applicability of Chapter 489, Part I, F.S.; Sections 455.2277, 455.228, 455.225, F.S.; and Rules 61-5.007, 61G4-12.010, F.A.C. as they apply to the subject of a complaint involving alleged unlicensed contracting. The Department declines to issue a declaratory statement because the Petitioner has not presented a particular set of circumstances that apply to him. The Department also declines to issue a declaratory statement that would amount to a broad policy statement or informal rulemaking. The Department also declines to issue a declaratory statement regarding conduct by someone other than the Petitioner as a declaratory statement is not the appropriate means for determining the conduct of another person. The Department also declines to issue a declaratory statement regarding conduct that has already occurred as the purpose of a declaratory statement is to allow the petitioner to select a proper course of action in advance.

A copy of the Final Order Denying Petition for Declaratory Statement may be obtained by contacting: Agency Clerk’s Office, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, [phone], [e-mail].