Construction Law

A Primer On Declaratory Statements

What Is The Definition Of A Declaratory Statement?

A declaratory statement is the solitary method for a licensed contractor in Florida or their construction attorney in Jacksonville to procure a binding opinion from the Florida Construction Industry Licensing Board (CILB) regarding the suitability of statutory provisions or rules and regulations that the CILB controls.

Are There Limitations To n To Requesting A Declaratory Statement?

As construction attorneys in Jacksonville, we know that there are limitations on what a declaratory statement can be about. When petitioning for a declaratory statement, it must only be used to find a solution to any questions or uncertainty about how the statutes, rules, or regulations apply to your distinct situation. A declaratory statement is not the solution for discovering the conduct of another party. For your request to be approved, your petition must include the probable impact of statutes or rules and regulations according to your situation.

After A Request Is Made, What’s Next?

Once the CILB makes a determination, 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.

How Can I Petition For A Declaratory Statement?

You must follow the requirements in Section 120.565, Florida Statutes for filing a petition for declaratory statement from the CILB. It’s required to file a petition for declaratory statement with the Department of Business and Professional Regulation’s Agency Clerk’s Office located at 1940 North Monroe Street, Suite 92 Tallahassee, Florida 32399-2202. You can file your request by hand delivery, regular mail, email or by fax. Filings will only be taken during business hours, and requests that come in after 5:00 p.m. will be filed on the next regular business day.

Is It Required To Appear In Front Of The CILB When They Review My Petition for Declaratory Statement?

While it’s not required to appear at the CILB’s meeting, appearance is recommended in case the Board has questions about your petition.

To speak with one of our construction lawyers in Jacksonville, or for more information on our construction law services, please contact us today.

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.