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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Court Reverses Homeowners Construction Recovery Fund Award Where Homeowners Did Not Diligently Pursue Other Avenues of Recovery First

The decision makes clear that homeowners seeking to recover from the fund must take reasonable, and diligent steps to recover on a judgment or award, even if those efforts seem like they will be fruitless, before the Construction Industry Licensing Board can disburse an award from the Homeowners Construction Recovery Fund.

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Florida Court Confirms Estimate Attached to Assignment of Benefits Must be Job Specific

A recent Third District Court of Appeal decision reiterates the level of detail required in a written, itemized, per-unit cost estimate that must be provided when using an assignment of benefits. While the use of assignments of benefits for disaster recovery work has essentially been eliminated for future policies, there are still many claims out there arising under previously issued policies and many assignments of benefits still in place.

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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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Contractor Fined Over $8,500.00 and Placed on Probation for Two Years for Assisting Unlicensed Contractor

The fine and penalties from a complaint filed against a certified general contractor by Florida’s Department of Business and Professional Regulation for (1) performing and act which assisted a person or entity engaging in the prohibited uncertified and unregistered practice of contracting, and (2) obtaining a permit without having entered into a contract to perform the work specified in the permit.

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Recent Court Order Discharges $253,584.00 Lien That Was Prepared by Third-Party Rather Than Employee or Attorney

The trial court order entered late last year discharged a $253,584.00 lien because it failed to meet several requirements of Florida’s Construction Lien law, including being prepared by either the lienor or its attorney. The case is a cautionary tale of the risks of using third-party services to prepare construction liens.

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Recent Case Highlights the Risks to Rental Equipment Companies for Improper Use of Equipment By Renters

The decision arose from the misuse of a Bobcat skid-steer loader the resulted in the amputation of two toes of a worker on the jobsite and subsequent lawsuits against the contractors involved and the company that supplied the rental equipment. The case illustrates the application of the dangerous instrumentality doctrine to rental equipment companies and application of the joint adventurer exception to that doctrine where multiple people are using the equipment.

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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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