State

2016

October

House Votes to Delay Overtime Rule; More Comprehensive Relief Needed. Filed in Capitol Hill, Codes and Regulations, Labor, Safety and Health by NAHB on September 29, 2016 – Click here to read more

Revised Worker’s Compensation Rates which will be raised to 14.5% as of December 1, 2016- Click here to read  complete order

September

Florida Opinion Research- “Florida Impact Fee Survey Results” – Click here for report.

The  Florida Department of Environmental Protection is offering FREE workshops to assist you and your company in navigating the State of Florida’s procurement system.  Click here for details.

July

July 1 – Official Effective Date for New Florida Building Code Provisions
July 1 was the official effective date for new Florida Building Code provisions (HB 535). We anticipated an effective date of July 8th, however we are pleased that the staff of the Florida Building Commission (FBC) was able to achieve an earlier effective date. Click here to view the document that will be sent out from the FBC to interested parties and local Building Departments. THIS DOCUMENT WILL GOVERN ALL PERMITS ISSUED.
The document may be difficult to follow. To help, each section of HB 535 that included change is framed in a BOX, with the final changes referenced in RED. The items that may be of importance to you and are now effective are:
• Clarification that certain swimming pools used for specific purposes are not subject to regulation;
• The Florida Building Code (code) requires two fire service elevators for buildings in certain circumstances;
• The location of standpipes in high-rise buildings are subject only to specified requirements;
• Requirement of fire sprinklers in restaurants with a fire area occupancy load of 200 patrons or more
• Additions of provisions to the code regarding fire separation distance and roof overhang projections
• Authorization of local building officials to issue phased construction permits
• Requirement completed building permit applications to be submitted electronically
• Exemption of Wi-Fi smoke alarms and those that contain multiple sensors, such as those combined with carbon monoxide alarms, from the 10-year, no removable, nonreplaceable battery provision and provides requirements regarding alarm monitoring system registration
• Authorization of mandatory blower door/air infiltration testing, effective July 1, 2017, and provides air change and infiltration rates
• Creation of the Calder Sloan Swimming Pool Electrical-Safety Task Force and the Construction Industry Workforce Task Force
• Allows a specific energy rating index as an option for compliance with the energy conservation code and directs the Florida Building Commission to study and determine if on-site renewable energy generation can be counted toward energy conservation goals under the code.
Should you have questions regarding the effective date or FBC provisions, please contact Douglas Buck, Director of Governmental Affairs, at dbuck@fhba.com/850.402.1852 or Rusty Payton, CEO/Chief Lobbyist, at rpayton@fhba.com/850.402.1841.

June

FHBA State Legislative Session Update
• HB 297, Statute of Repose: Passed the Committee on Civil Justice with an amendment clarifying effective date issues. The bill addresses a court case which, for the purposes of tolling the clock for the statute of repose, declared a construction contract complete when both parties met their contractual obligations (the contractor completed the work and final payment received). This bill provides that a construction contract is considered complete on the last day that the contractor, architect, or engineer performs services related to the contract. The practical effect is to start the statute of repose clock sooner.

• SB 582, Public Corruption: A vote on this bill was temporarily postponed by the Committee on General Government Oversight and Accountability. Members of the committee expressed concerns that potential unintended consequences could interfere with normal business activity. We expect the bill to return with more language to address these concerns.

• HB 535, Building Code Bill: After a series of amendments, the bill passed out of the Business and Professions Subcommittee with one “No” vote. That no vote by Rep. Geller (D-Dania Beach) was based on his opposition to the provision exempting employees of apartment communities with 100 or more units from contractor licensing requirements if making minor repairs to existing electric water heaters or existing electric HVAC systems, if they meet certain training and experience criteria and the repair involves parts costing under $500. Testimony provided by a lobbyist representing SkyeTec spoke in opposition to the provisions prohibiting mandatory blower door testing and mechanical ventilation.
Included in the adopted amendments were:
o Revising the definition of fire separation distance for zero lot line, consistent with the Florida Specific Amendment that was inadvertently left out of the Florida Building Code;
o Fire-resistive construction exception that was included in the previous building code that exempts the 1-hour fire rating on overhangs; and
o Allowing the Alternative Performance Path, Energy Rating Index, of the 2015 IECC, energy efficiency issue that allows solar and appliances to be included in efficiency calculations;
o A provision that that a local government may not require the payment of any additional fees, charges, or expenses associated with: providing proof of licensure, recording or filing of a license, providing evidence of workers’ compensation coverage or recording or filing evidence of workers’ compensation coverage.
At its next committee stop, additional amendments to be considered will include language to begin moving towards a 6 year building code cycle.

Upcoming Meetings
• FBC – The Florida Building Commission will be meeting in Gainesville on December 14 and 15. This is a routine meeting in preparation for the upcoming code cycle. Revisions to the process will be incorporated in the FHBA work plan. FHBA staff will be in attendance.

• RRAC – The Research Review & Advisory Committee will be meeting on December 10th in Orlando. The purpose of the meeting is to review the final report to the Legislature of the Nitrogen Reduction Study. FHBA staff will be in attendance.

2016 Legislative Session Dates
• Begins Tuesday, January 12, 2016
• Ends Friday, March 11, 2016