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What is a Declaratory Statement?
A declaratory statement is the administrative process by which the Commission resolves controversy or answers questions concerning the applicability of a statute, rule, or order, to the petitioner's particular situation.
Florida Administrative Code –Chapter 28-105 |
Steps for submitting and reviewing a request for Declaratory Statement:
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| The request for a declaratory statement is a legal process: |
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Declaratory Statement Submittal – A request for declaratory statement is initiated by filing a petition with the department. The petition must follow some basic form and content requirements, which are noted in Rule 28-105.002, for your information (see link above). A sample petition for declaratory statement is also attached (below) as a guide. |
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To summarize Rule 28-105.002, the following is required of a petition for declaratory statement: |
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a. |
Send your petition, to Mo Madani, (see below for contact information) at the Department of Business and Professional Regulation. (This is important because the commission has 90 days to respond to your petition from the date it is filed with the agency clerk.) |
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b. |
Title your request, "Petition for Declaratory Statement before the Florida Building Commission." Include your name, address, telephone and fax
numbers, and the same information for your attorney, if you have one. |
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c. |
Include the statutory provision, Florida Building Code (the Code) provision, commission rule or order on which you are seeking an interpretation.
Describe how the statute, rule or order may potentially affect you in your particular set of circumstances.
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d. |
Sign and date your petition. |
Sample of petition for Declaratory Statement
| What is the Commission’s Declaratory Process? |
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Upon receipt of your petition, commission staff will review it for completeness and cause it to be published in the Florida Administrative Register (FAR). |
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TAC/POC Review of Petition – Once the request for Declaratory Statement is received and properly clerked through the system, the request for
declaratory statement is assigned to the appropriate Technical Advisory Committee (TAC) or Program Oversight Committee (POC) for review which has expertise in the matter being brought before the Commission. During the scheduled meeting the TAC or POC will hear staff analysis and consider all public comment. The TAC/POC will then discuss the request for declaratory statement and provide the recommendation on the request for consideration to the Florida Building Commission. |
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Commission Review and Proposed Action – The Florida Building Commission (The Commission), during its next scheduled meeting, will receive the recommendation of the TAC/POC regarding the request for declaratory statement after considering public comments. A vote by the Commission will determine the final outcome to the request for the declaratory statement. Rule 28-105.002 FAC |
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Final answer to the request for Declaratory Statement – a written Declaratory Statement or an order denying the petition for declaratory statement will be filed, and mailed to the petitioner. The issuance of a declaratory statement is a final agency action by the Commission. It will then be posted on the Commission webpage for public view. Rule 28-105.003 FAC |
Please submit an electronic copy of the Declaratory Statement and associated documents in addition to a hard copy. Although not currently required by the rule, electronic filing will facilitate the Commission in the review of the request at the meetings. Failure to submit electronically will NOT have any bearing on whether the petition is heard by the Commission.
Requests for Declaratory Statement (hard copy) may be mailed to:
Mr. Mo Madani
Office of Codes and Standards
Department of Business and Professional Regulation
2601 Blair Stone Road
Tallahassee, Florida 32399-
(850) 487-1824
or send electronically to:
Mo.Madani@myfloridalicense.com
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