NOTICE IS HEREBY GIVEN THAT the Construction Industry Licensing Board has issued an order disposing of the petition for declaratory statement filed by Devon B. Higginbotham on July 30, 2010. The following is a summary of the agency's disposition of the petition:
The Notice of Petition for Declaratory Statement was published in Vol. 36, No. 42, of the October 22, 2010, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on September 10, 2010. The petition requested the Board’s interpretation of Section 489.105(3)(c), Florida Statutes, and whether the Petitioner is properly licensed, according to construction industry licensing requirements pursuant to Section 489.105, Florida Statutes, to construct an accessory use structure on a lot that does not have, and will not have a residential structure on it. The Board’s Order, filed on December 2, 2010, answers the Petition for Declaratory Statement in the negative. Residential contractors may not construct an accessory use structure unless it is in connection with a residence as listed in Section 489.105(3)(c), Florida Statutes.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: G. W. Harrell, Executive Director, Construction Industry Licensing Board, Post Office Box 5257, Tallahassee, Florida 32314-5257.
Please refer all comments to: G. W. Harrell, Executive Director, Construction Industry Licensing Board, P. O. Box 5257, Tallahassee, Florida 32314-5257.