The changes affects plan requirements for window, door, and garage door replacements; make changes to the sections governing private providers; impose new deadlines for permit application approvals and penalties for failing to meet them; and new standards for certain unvented spaces.
Read moreNew Statute Would Update Regulations on Low Voltage Electric Fences and Low Voltage Alarm System Projects
The new statute would affect low voltage electric fence installations and limits municipalities from imposing requirements on low voltage alarm system projects that exceed those set forth in 553.793, Florida Statutes.
Read moreTwo 4th Circuit Orders Grant Summary Judgment Finding that General Contractors Have Non-Delegable Duty to Ensure Construction Complies with Florida Building Code
The orders found that, as a matter of law, the two general contractors in those cases had a duty to supervise, direct, manage, and control the work to ensure compliance with the Florida Building Code, and that such duty could not be delegated to subcontractors or other parties working on the project. The impact of the decisions appears to limit the relevant general contractors’ ability to require liability to be apportioned between various subcontractors.
Read moreGovernor Signs Bill Extending Local Licensing to 2024; Adding New State License Categories
The new law goes into effect July 1, 2024, and (1) keeps local licensing in place through July 1, 2024, (2) clarifies when permits can be required, (3) and requires the creation of 12 new state specialty contracting licenses.
Read moreMany 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 A new section of the statute is also created, and another section is also repealed.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.
Read moreNew 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.
Read moreNew 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.
Read moreNew 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.
Read moreFlorida 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.
Read more2023 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:
Read moreFlorida Enacts Statute Streamlining Punch Lists Process and Requiring Faster Payments on Public Projects
The new law modifies portions of Chapter 218, Florida Statutes, and Chapter 255, Florida Statutes, to spell out specific punch list processes and to require faster payments to contractors of amounts that are undisputedly due on projects, despite the existence of a punch list. These changes take effect July 1, 2023.
Read moreFlorida Enacts Statute Requiring Building Code Violations to be "Material" to Support Civil Claims
The new statute amends section 553.84, Florida Statutes, to require violations of the Florida Building Code to be “material violations” to trigger civil liability under the statute, and adds a definition of what constitutes a material violation.
Read moreFlorida Passes New Law Shortening Statute of Repose for Construction Defect Claims
The law, which went into effect in April 2023, shortens the statute of repose from 10 years to seven years, based on several triggering events, and modifies the events that trigger the applicable four year statute of limitations. The new law also adds language specifically claims relating to model homes and multi-building developments.
Read moreFlorida Court Applies Statute of Repose to Bar Defective Work Claims Brought Against Contractor 10 Years After Issuance of Certificate of Occupancy
The court concluded that the homeowners’ association brought the claims after the expiration of the 10 year statute of repose applicable to construction defects. The decision turned, at least in part, on the fact that the general contractor was also the owner of the townhomes at the time the certificates of occupancy were issued.
Read moreFlorida's New Immigration Statute's Impacts Private Employers and Public Contractors and Subcontractors
The new statute, which generally takes effect July 1, 2023 imposes new requirements on private employers with more than 25 employees, and contractors and subcontractors engaged in public construction projects. Penalties for non-compliance can include losing your contractor’s license. The statute also restricts the use of certain types of driver’s licenses issued by other states, requires certain reporting by hospitals, and increases criminal penalties for human trafficking.
Read moreFlorida Passes Bill to Reduce Licensing Fees for 2023-2025
The law, scheduled to take effect on July 1, 2023 and expire July 1, 2025, reduces licensing application fees and renewal fees by 50% for Florida’s 2023-2024 and 2024-2025 fiscal years, up to $200.00.
Read moreProposed 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.
Read moreProposed 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.
Read moreFlorida 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.
Read moreRecently Signed HB 837 ("Tort Reform Bill") Has Impacts on the Construction Industry
While the focus of news coverage has been on personal injury claims, the new law, effective today, impacts attorneys’ fee awards in actions involving payment and performance bonds for construction projects and statutes of limitation for negligence claims.
Read more