In the construction industry, a declaratory statement is the only method a Florida licensed contractor can use to obtain a legal and binding opinion from the Florida Construction Industry Licensing Board (CILB) about the suitability of statutory provisions that the CILB controls.
Do Contractors Have Limitations When Requesting a Declaratory Statement?
Yes, there are limitations on what a declaratory statement can be about. As Jacksonville construction attorneys, we are aware that when a contractor is petitioning for a declaratory statement, it must only be used to find a solution to any questions or uncertainties the contractor has about how the statutes, rules, or regulations apply to their specific situation. Because a declaratory statement is not the solution for discovering the conduct of another party, your petition must include the probable impact of statutes or rules and regulations according to your situation for your request to be approved.
After the CILB makes their decision regarding a contractor’s declaratory statement petition, they will provide an Order that discusses their findings of the facts and conclusions of law. A copy of the Order will be mailed to the Petitioner’s address.
When filing a declaratory petition, a contractor must follow the requirements that are listed in Section 120.565, Florida Statutes. Contractors are required to file a petition for declaratory statement with the Department of Business and Professional Regulation’s Agency Clerk’s Office, which is located at 1940 North Monroe Street, Suite 92 Tallahassee, Florida 32399-2202. Contractors have a few different options to choose from when filing their declaratory statement petition, such as hand delivery, regular mail, email or by fax. Contractors should keep in mind that filings are only accepted during regular business hours. If a contractor sends in their request after business hours ( 5:00 p.m. or later) it will be filed on the next regular business day.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.