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 moreHVAC Contractor has Permitting Privileges Suspended for 18 Months for Pulling Wrong Type of Permit
The contractor pulled an “express change out permit” for work that included the installation a new HVAC unit, new electrical, and new ductwork. While the contractor asserted five challenges to the suspension, it was ultimately upheld by the court that found competent evidence supported the suspension and the length of the suspension.
Read moreCourt Determines County Entitled to Dismissal of Claims by General Contractor Where Contractor Failed to Comply with Pre-Suit Dispute Resolution Procedures
Florida’s Fifth District Court of Appeal found that the contract between the parties required the general contractor to exhaust county administrative dispute resolution procedures prior to filing a lawsuit and could potentially result in a waiver of claims not presented through the administrative dispute resolution process.
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 moreCourt Affirms Ruling that Electrical Contractor Cannot Increase Lien Transfer Bond Amount After Judgment is Entered
The court reversed a trial court order granting a motion to increase the amount of the bond entered after the final judgment, finding that the plain language of 713.24, Florida Statutes, only applied to pending actions.
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 moreCourt 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.
Read moreFlorida 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.
Read moreNew Decision Shows Risks of Performing Disaster Recovery Work Under a Builder's Risk Policy
The court granted summary judgment and declined to find coverage under the specific terms of a builders’ risk policy for vandalism and water damage to a building where the policy was in effect, but work had not begun.
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
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