James Martin; The Construction Industry Licensing Board hereby gives notice that it has issued an Order on the Petition for Declaratory Statement, which was filed on September 9, 2007 on behalf of James Martin. The Notice of Petition for ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Construction Industry Licensing Board

NOTICE IS HEREBY GIVEN THAT the Construction Industry Licensing Board has declined to rule on the petition for declaratory statement filed by James Martin on September 9, 2007. The following is a summary of the agency’s declination of the petition:

The Construction Industry Licensing Board hereby gives notice that it has issued an Order on the Petition for Declaratory Statement, which was filed on September 9, 2007 on behalf of James Martin. The Notice of Petition for Declaratory Statement was published in Vol. 33, No. 41, of the October 12, 2007, Florida Administrative Weekly. The Petitioner sought the Board’s interpretation of Section 489.128, F.S., entitled “Contracts entered into by unlicensed contractors unenforceable,” as it applies to the installation of kitchen and bathroom cabinets in residential buildings. Specifically, the Petitioner requests that the Board issue a declaratory statement as to (1) whether the State of Florida requires that the installation of kitchen and bathroom cabinets in residential buildings must be performed only by licensed contractors and (2) whether a State certified contractor who installs such cabinets in a Florida city or county would be considered an unlicensed contractor under Section 489.128, F.S., if such a contractor does not obtain a local Certificate of Competency or register their state license with the local authorities. The Construction Industry Licensing Board considered the Petition at its meeting held on November 15, 2007, in Orlando, Florida and issued an order, filed on March 26, 2008, denying the Petition, finding that Petitioner was seeking to obtain a policy statement of general applicability and a declaratory statement is not the appropriate means to accomplish such a purpose.

A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: G. W. Harrell, Executive Director, Construction Industry Licensing Board, 1940 North Monroe Street, Tallahassee, FL 32399-0750.