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 moreProposed Statute Would Streamline Process for Creating Punch Lists and Require Faster Payment of Undisputed Amounts on Public Projects
The statute makes modifications to several prompt payment statutes relating to public projects and requires the parties to develop detailed punch lists, and then promptly pay for any amounts due under the contract that are not the subject of the punch lists.
Read moreFour 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
Read moreProposed Statute Would Make It Easier for Out of State Contractors to Get Mold Assessor and Mold Remediation Licenses
The proposed statute would allow applicants who have had a mold assessor or mold remediator license for at least 10 years in another state to apply for the same type of license in Florida without taking an examination.
Read moreProposed Statute Would Require DBPR to Provide Uniform Notice of Commencement Form
The proposed revisions to 713.13, Florida Statute, would require the DBPR to provide a uniform notice of commencement and require an owner or the owner’s agent to use this form to comply with Florida’s notice of commencement requirements.
Read moreProposed Statute Would Exempt Certain Contractors on Public Projects Under $200,000.00 from Bond Requirements
The proposed statute would allow state and local agencies to exempt any contractor entering into a contract of more than $100,000.00 but less than $200,000.00 from obtaining a payment and performance bond if the contractor meets certain criteria.
Read moreProposed 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.
Read moreProposed Statutes Would Alter Notice of Nonpayment and Notice of Contest of Nonpayment Requirements for Public Projects
Proposed House Bill 331 contains 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 moreProposed 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.
Read moreProposed Statute Would Require Building Code Violations to be "Material" to Trigger Liability
While Florida law creates liability for a person who damages or injures another as a result of a violation of the Florida Building Code, a proposed statute would require building code violations to be “material” before liability could be imposed under the statute.
Read moreProposed Statute Would Change Statutes of Limitations and Repose for Construction Defect Claims
A proposed statute would start the running of the statute of limitations for construction defect claims earlier, shorten the statute of repose to 7 years, and require each unit in a multi-dwelling building to be treated as its own dwelling for statute of limitations and repose purposes.
Read moreProposed Statute Would Expand the Amount of Electrical Work That Can be Performed by Class A HVAC Contractors
Florida House Bill 89 would bring more HVAC-related electrical work within the permissible scope of work for a Class A HVAC Contractor in Florida, including replacing, disconnecting, or reconnecting breakers and fuses on the line side of the circuit.
Read moreWhat Florida's New Insurance Statute (SB-2A) Means for Contractors
Earlier today, Florida’s legislators approved Senate Bill 2A and sent it to Governor Desantis for signature. The statute makes dramatic changes to Florida’s property insurance statutes, and, for contractors, signals the end of an era and a need for immediate changes in how those that perform work where insurance proceeds are involved run their business.
Read moreTwo Proposed Florida Statutes Would Remove Fire Marshal or Building Official Discretion to Change Building Plans During Permit Review
Proposed Senate Bills 976 and 1020 both would add language to Chapter 553, Florida Statutes, that limits the ability of fire marshals or building officials to make discretionary changes to plans as part of the permitting process.
Read moreProposed Florida Statute Would Change Notice to Contract and Notice of Non-Payment Requirements for Public Works Contracts
Proposed House Bill 345, in addition to make sweeping changes to Florida’s Construction Lien law, would also make changes to portions of Chapter 255 and 337, Florida Statutes, which govern public projects and construction or maintenance contracts, and Chapter 95, Florida Statutes, which sets forth the statutes of limitations for lawsuits in Florida.
Read moreProposed Statute Would Make Significant Changes to Florida's Construction Lien Law
Florida House Bill 345, would make changes to 16 different sections of Part I, Chapter 713, Florida Statutes, including alterations of the definitions of contractor and final furnishing, changes to who is required to be listed on a notice of commencement, and changes to the statute governing service of notices to owner, liens, and other documents.
Read moreProposed Florida Statute Would Eliminate 10-Year Bar on Construction Defect Claims and Impose New Pre-Suit Requirements for Defect Claims
Proposed Florida Senate Bill 736 would eliminate the 10-year statute of repose for latent construction defects and make significant changes to Chapter 558, Florida Statutes, including awarding attorneys’ fees for rejecting settlement offers and requiring courts to appoint construction experts to inspect defects.
Read moreFlorida Legislature Again Considering Removing Licensing Requirement for Certain Supervised Pool Construction
Under proposed House Bill 267, unlicensed contractors would be allowed to perform the work of a commercial or residential pool/spa contractor, or a swimming pool/spa servicing contractor, so long as he or she is supervised by a contractor holding one of those licenses. A similar statute proposed last year did not make it out of the Community Affairs Committee.
Read moreProposed Florida Statute Would Eliminate Notice of Commencement Requirement for Certain HVAC Jobs Under $15,000.00
Proposed Florida Senate Bill 352 would remove the requirement for a notice of commencement to be recorded on HVAC contracts directly with homeowners that total less than $15,000.00. The current statute eliminates the need for a notice of commencement on direct HVAC contract of less than $7,500.00.
Read more