Anthony C. Apfelbeck; The Construction Industry Licensing Board hereby gives notice of the issuance of an Order regarding the Petition for Declaratory Statement for Anthony C. Apfelbeck. The Notice of Petition for Declaratory Statement was published ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Construction Industry Licensing Board

The Construction Industry Licensing Board hereby gives notice of the issuance of an Order regarding the Petition for Declaratory Statement for Anthony C. Apfelbeck. The Notice of Petition for Declaratory Statement was published in Vol. 34, No. 5, of the February 1, 2008, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on February 15, 2008. The petition requested the Board’s interpretation of Chapter 489, Part I, Section 489.117, Florida Statutes, and whether the statutes prohibits a state registered contractor from contracting in a local jurisdiction if the municipality or county has not established local licensing requirements or has not entered into a reciprocity/interlocal agreement with the other licensing jurisdictions; whether the issuance of a certificate of competency for registration purposes includes a mandatory component that a municipality or county must establish or have access to via reciprocity/interlocal agreement, a local licensing board that exercises disciplinary control and oversight over registered contractors; and whether the Department of Business and Professional Regulation/Construction Industry Licensing Board exercises disciplinary control and oversight over registered contractors where no local licensing boards exists.

The Board’s Order, filed on June 20, 2008, answers the Petition for Declaratory Statement for question 1) of the Petition is no. According to Section 489.117(2), Florida Statutes, the contractor is required to comply with all local licensing requirements. The answer to 2) of the Petition is yes. According to Section 489.117(2), Florida Statutes, in order for the local jurisdiction to issue new certificates of competency there must be a local disciplinary control, which can be provided by local agreement. The answer to 3) of the Petition is yes. The Department may pursue a complaint on behalf of the Board where local enforcement body does not have jurisdiction, pursuant to Setion 489.131, Florida Statutes

A copy of the Board’s Order may be obtained by contacting: G. W. Harrell, Executive Director, Construction Industry Licensing Board, P. O. Box 5257, Tallahassee, Florida 32314-5257.