Opinion

Johnson v. State, Department of Business & Professional Regulation, Construction Industry Licensing Board

  • 212 So. 3d 382
  • 2017 Fla. App. LEXIS 1168
Court
District Court of Appeal of Florida
Filed
Feb 1, 2017
Status
Published
On the bench
Ciklin, Kuntz
Cited by
0 cases

The opinion

Per Curiam.

We affirm the order of the Construction Industry Licensing Board (“CILB”) denying Christopher Nathanial Johnson’s application to be a qualifying agent for his employer, Fort Pierce Utility Authority, a municipal corporation. Pursuant to section 489.119(2), Florida Statutes (2016), an individual who seeks “to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, ... must apply for registration or certification as the qualifying agent of the business organization.” However, employees of municipalities such as Mr. Johnson are expressly excluded from the requirements of part I of Chapter 489, Florida Statutes (2015), which encompasses section 489.119. See § 489.103(3), Fla. Stat. (2015) (providing that the part does not apply to “[a]n authorized employee of *383 ... any municipality ... or any other municipal or political subdivision .... ”). Consequently, the CILB did not abuse its discretion in interpreting the term “legal entity,” as it is used in section 489.119, to exclude municipalities and in denying Mr. Johnson’s application.

Affirmed.

Ciklin, C.J., May and Kuntz, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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