Miguel A. Brizuela on behalf of Gonzalo Navarro and Andrea Karina Conrad Leon, filed on April 17, 2019 as an amended petition.; Petitioner asks the following questions: (1) Pursuant to section 489.113(2), F.S., does a person who is certified or ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Construction Industry Licensing Board

NOTICE IS HEREBY GIVEN that the Construction Industry Licensing Board has received the petition for declaratory statement from Miguel A. Brizuela on behalf of Gonzalo Navarro and Andrea Karina Conrad Leon, filed on April 17, 2019 as an amended petition.The petition seeks the agency's opinion as to the applicability of subsections 489.103(16), 489.113(2), and Section 489.128, F.S., as it applies to the petitioner.

Petitioner asks the following questions: (1) Pursuant to subsection 489.113(2), F.S., does a person who is certified or registered, “supervise” a subcontractor who is not certified or registered, when the person who is certified or registered never performs construction work other than procuring a building permit? (2) Pursuant to subsection 489.113(2), F.S., is a “supervising contractor” “responsible for the work” when the “supervising contractor” has no contract to perform work at the property? (3) Pursuant to subsection 489.103(16), F.S., if a certified or registered general contractor only obtains a building permit but does no construction work, were the contractor services to be performed under the terms of the design-build contract “rendered” by a certified or registered general contractor? (4) Pursuant to section 489.128, F.S., is SAI “unlicensed” to perform the construction work “rendered” by it? (5) Did subsection 489.103(16), F.S., exempt SAI from being licensed as a contractor, when the construction work was not rendered by the licensed contractor that procured the building permit? (6) Did subsection 489.103(16), F.S., when read together with subsection 481.229(3), F.S., exempt SAI from being licensed as a contractor, when the construction work was not negotiated by the licensed contractor that procured the building permit? (7) Did subsection 489.103(16), F.S., when read together with subsection 481.229(3), F.S., exempt SAI from being licensed as a contractor, when the construction work was not negotiated by any licensed contractor. Except for good cause shown, motions for leave to intervene must be filed within 21 days after publication of this notice.

A copy 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, or telephone: [phone], or by electronic mail at [e-mail].