Many Changes to Florida's Construction Lien Law Take Effect October 1, 2023.

Earlier this week, Florida’s Governor signed House Bill 331, which included many changes to Chapter 713, Florida Statutes, better known as Florida’s Construction Lien Law. The changes include new definitions, clarification of time period calculations, changes to notices of commencement and notices of termination, and changes to lien transfer bond calculations. A new section of the statute is also created, and another section is also repealed. All people in the construction industry need to be up to date on the new statutory provisions.

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New Statute Makes Many Changes to Notice of Nonpayment and Notice of Contest of Nonpayment Requirements for Public Projects

The new statutes, which go into effect October 1, 2023, contain multiple changes to 255.05 Florida Statutes, and 337.18 Florida Statutes, both of which apply to public construction projects. Most of the changes relate to notices of non-payment, notices of contest, bonds, and attorneys’ fees.

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New Law Prevents Fire Safety Official from Requiring Changes to Plans Without Specific Code Section Requiring Change

The new statute requires local fire officials to identify specific code violations when rejecting permits, and prohibits them from requiring substantive changes to plans after a permit is issued without providing a specific code section violation described in writing. The failure to do this would subject the relevant, local fire official to state discipline.

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New Statute Requires Building Officials to Provide Code Sections When Requiring Changes to Plans or Work

The new law, effective July 1, 2023 requires building departments to identify specific code violations when rejecting permits, and prohibits them from requiring substantive changes to plans after a permit is issued without providing a specific code section violation described in writing. The failure to do this would subject the relevant, local building code administrator to state discipline. The apparent intent behind the new law is to prevent building officials from arbitrarily rejecting or requiring changes to plans.

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Florida Governor Signs HB 869 Making it Easier for Mold Assessor and Remediators and Asbestos Consultants and Contractors to Obtain Licenses in Florida

The new law allows mold assessors and remediators and asbestos consultants and contractors who have been licensed in another state for at least 10 years to obtain similar Florida licenses without some of the examination requirements. The statute also removes a deadline for electrical contractor “grandfathering” licensing applications.

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2023 Legislative Update - So Far!

Over the course of the 2023 Florida legislative session, 18 bills were introduced that proposed changes to multiple statutes that directly impact contractors and the construction industry in Florida. Of those 18, five have been signed into law, and four more passed through the legislature and need to be sent to Florida’s governor for signature or veto. Here’s where we stand so far:

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Proposed Statute Would Prevent Fire Safety Official from Requiring Changes to Plans Without Specific Code Section Requiring Change

Proposed changes to minimum fire safety standards statute would require local fire officials to identify specific code violations when rejecting permits, and prohibit them from requiring substantive changes to plans after a permit is issued without providing a specific code section violation described in writing. The failure to do this would subject the relevant, local fire official to state discipline.

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Proposed Statute Would Prevent Building Departments from Requiring Changes to Plans Without Specific Code Section Requiring Change

Proposed changes to Florida’s Building Codes Act would require building departments to identify specific code violations when rejecting permits, and prohibit them from requiring substantive changes to plans after a permit is issued without providing a specific code section violation described in writing. The failure to do this would subject the relevant, local building code administrator to state discipline.

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Florida Legislature Appears Ready to Push Local Licensing Cancellation Deadline to 2024

While four proposed statutes this Florida legislative session sought to clarify and resolve problems with the original 2021 statute cancelling local licensing by July 2023, only one of those has significantly advanced through committees and last week it was amended to simply extend the deadline for cancellation to July 2024.

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Four Proposed Statutes Attempt to Clarify Local Licensing Issues Before July 2023

HB 1625, SB 1584, SB 1570, and HB 1383 are all attempts to modify the portions of Florida’s contractor licensing statute that were enacted to largely eliminate local licensing. Most of the statutes seek to add back in some requirements for local licenses, or equivalent specialty licenses at the state level. All four statutes clarify that local governments cannot make the issuance of a building permit contingent on having a license

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Proposed Statute Would Make Many Changes to Florida's Construction Lien Law - Chapter 713, Florida Statutes

Proposed House Bill 331 contains multiple changes to Chapter 713 Florida Statutes. The changes include new definitions, clarification of time period calculations, changes to notices of commencement and notices of termination, and changes to lien transfer bond calculations. A new section is also created, and another section is also repealed. If passed, this would be one of the most substantial changes to Florida’s lien law in some time.

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Proposed Statute Would Impose Tight Timelines and Strict Penalties for Home Improvement Work Performed By Anyone Not Licensed Under Chapter 489, Florida Statutes

A proposed statute would modify Florida’s home solicitation sales statute to establish firm deadlines for permitting, starting, and completing home improvements performed by anyone not licensed under Chapter 489, Florida Statutes. The proposed statute also establishes criminal penalties for failure to comply. Florida defines “home solicitation sales” very broadly, so any person involved in selling home improvements where the contract is signed outside of a normal office setting should pay attention to this statute.

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