A declaratory statement is a means for resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, codes, or orders over which the Florida Building Commission has authority. A petition for declaratory statement may be used to resolve questions or doubts as to how the statutes, rules, codes, or orders may apply to a particular set of circumstances
- To request a declaratory statement from the Florida Building Commission you must complete a petition for declaratory statement that meets the requirements of Florida Administrative Code R. 28-105.002.
- Petition Format and Content
- Petition for Declaratory Statement Before the Florida Building Commission.
- Include your name, address, telephone number, fax number, and your attorney’s contact information, if you have one.
- Content of Petition:
- 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, code provision, rule, or order substantially affects you in your particular set of circumstances.
- Sign and date the petition.
- Example: http://www.floridabuilding.org/fbc/dec_statements/2012_DEC/DS2012-038-Pinch-A-Penny.pdf
- Petition Format and Content
- After your petition is complete, you must submit your petition for declaratory statement to the Florida Building Commission for review
After your petition is complete, you must submit your petition for declaratory statement to the Florida Building Commission for review.
To submit a petition via mail please send to the following address:
Mr. Mo Madani
Office of Codes and Standards
Department of Business and Professional Regulation
2601 Blair stone Rd
Tallahassee, Florida 32399
If sending by mail please send an additional electronic copy to Mo.Madani@myfloridalicense.com
To submit a petition electronically please email the petition to the following email address: Mo.Madani@myfloridalicense.com
- After submittal of the petition for declaratory statement
- The petition is reviewed by staff for completeness. If the petition is deemed complete it will be filed with the Department of Business and Professional Regulation’s Agency Clerk and noticed in the Florida Administrative Register.
- Initial substantive review of the petition for declaratory statement and recommendation to the Florida Building Commission.
- The Commission’s staff will prepare a staff analysis on the issues raised by the petition for declaratory statement.
- A public meeting will be scheduled where the appropriate Technical Advisory Committees (TAC) and Program Oversight Committees (POC) will review the petition for declaratory statement and staff analysis.
- During the public meeting the members of the TACs, POCS, and other interested parties will discuss the petition for declaratory statement and provide a recommendation to the Florida Building Commission on how to answer the petition for declaratory statement.
- Florida Building Commission review and final decision
- The Florida Building Commission will take up the petition for declaratory statement during its next scheduled meeting.
- The Florida Building Commission will review the staff analysis, public comment, and the recommendations from all TACs/POCs.
- The Florida Building Commission will vote to determine the final decision on the petition for declaratory statement.
- After the final decision by the Florida Building Commission
- Within 90 days of the filing of the petition, the Florida Building Commission will issue a declaratory statement or an order denying the petition for declaratory statement.
All requests for publications, documents, forms, applications for licenses, permits and other similar certifications can be obtained by contacting the Customer Contact Center.
Florida Building Codes and Standards
2601 Blair Stone Road
Tallahassee, FL 32399