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Infolawyer
Infolawyer, Attorney
Category: Business Law
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What is the precise legal interpretation under Florida law

Customer Question

What is the precise legal interpretation under Florida law of the words fun in F.S.718.112(l) that state: "must initiate an application for a building permit... "
Before any application for building permit can be submitted the following must happen:
1. An Engineer must be hired and paid to do a plan.
2. The plan must be submitted to the appropriate fire prevention authority for approval, prior to applying for building permit.
Only after that approval can the "initiation for the application of the building permit begin".
On the other hand, some say, merely inviting an engineer to discuss the matter (at no cost or perhaps a few hundred dollars) , constitutes sufficient action to satisfy the law.
How say you?
Submitted: 3 months ago.
Category: Business Law
Expert:  Attorney2 replied 3 months ago.

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

Expert:  Attorney2 replied 3 months ago.

I am pulling up the statute. One moment please.

Expert:  Attorney2 replied 3 months ago.

I am trying find the actual amended language to the statute because it is confusing http://www.myfloridacfo.com/Division/sfm/BFP/Documents/2013FFPCFloridaSpecificAmendmentStaffRecommendations.pdf

Customer: replied 3 months ago.
You apparently have no opinion on the subject. If so, pleas allow another person to respond.
Expert:  Attorney2 replied 3 months ago.

My apologies I had a computer issue yesterday. Must means that an action is legally required. Shall is also something that is required, may is not.

Customer: replied 3 months ago.
If you will review the question, you will see that I am well aware of what MUST means. The issue is the interpretation, not of the word MUST, but rather what the words initiate an application for a building permit. There are 2 possibilities.
1. Merely hiring an engineer to prepare a plan- (which I don't believe is sufficient)
2. An actual submission for an actual building permit must be made.
Do you care to opine?
Expert:  Attorney2 replied 3 months ago.

We have discussed this question in the past. Let me review the discussion and see if my opinion remains the same.

Expert:  Attorney2 replied 3 months ago.

"1. An Engineer must be hired and paid to do a plan.
2. The plan must be submitted to the appropriate fire prevention authority for approval, prior to applying for building permit."

It would need be sufficient just to discuss the plan as the plan MUST be submitted.

What is going on that you object to?