FHBA NewsThe Rinker School of Construction Management of the University of Florida prepared a study on the potential fiscal impact of “Prescriptive Code Changes.” Click here to review the study. February 2017-FHBA HIGHLIGHTSFlorida
Legislative UpdatesMay 2017 Legislative Update-FHBA Legislative Session Update February 2017 Legislative Update-FHBA Legislative Affairs Update
Bills to FollowFlorida House of Representatives: https://www.myfloridahouse.gov/ Florida Senate: https://www.flsenate.gov/
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
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 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 email@example.com/850.402.1852 or Rusty Payton, CEO/Chief Lobbyist, at firstname.lastname@example.org/850.402.1841.
Click here to read more.
The Florida Department of Business & Professional Regulation will be hosting a free webinar/conference call for the 2017 FBC code change cycle (which started July 1, 2015).
The webinar will take place March 18, 2016 at 2:00 PM and will go over the process of reviewing the reports (Detailed Reports and Tracking Charts) published on proposed code modifications to the 6th Edition (2017) update to the Florida Building Code (FBC). This is to give everyone the opportunity to address any issues you may be having in any of the steps of proposed code modification and any questions regarding the code module including “The TAC’s Code modification process”.
Topic: 2017 Code Modification Cycle Chat
Date: Friday March 18, 2016
Time: 2:00 pm, Eastern Daylight Time (New York, GMT-04:00)
1.Please join my meeting.
2. Join the conference call:
United States (toll-free): 1 866 899 4679
Access Code: 282-035-733
Audio PIN: Shown after joining the meeting
Meeting ID: 282-035-733
-Mediation will be required below 3 and above 7
-HV contractors will have ability to do blower testing…they may need specialized certification
-All fire separation language issues addressed by FHBa are in the bill*Once the bill has passed, members will receive a line item review of those items passed within this bill.Sadowski Funding: Florida Senate and House of Representatives have reached a compromise on affordable housing, recommending that $214.1 million be appropriated from Florida’s housing trust funds toward affordable housing.
The deadline for public comment on the plan is today, Jan. 20. To comment: go online to read the plan at MyFWC.com/Imperiled and offer feedback by email, using Imperiled@myfwc.com. Staff will review public comments to see how they could be used to improve the plan, and the Commission is scheduled to make a final decision on the plan at its April meeting.
Go to www.FHBA.com and gain access to:
* Building Code Assistance
* Up-to-date relevant news
* and more!
To access members only content you will need to login using the following:Username: Your NAHB PIN
Password: FHBA (case-sensitive)Important Dates
SEBC is scheduled for July 27-29 in Kissimmee Florida. For more information go to www.sebc.com.The 2016 FHBA Fall Conference is booked for November 3-5, 2016 at the Hilton Sandestin Beach and Golf Resort. More information to follow as it becomes available.
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.
• 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
06/23/15: 90-Day Delay Successfully Secured for Blower Door Testing and Mechanical Ventilation: Click here for FHBA message
06/19/15: After a revote and some tense moments, the Building Commission voted to adopt the emergency rule delaying the blower door and the mechanical ventilation portions of the upcoming building code. This delay is only for 90 days. We will still make a push for the Governor to support the year-long delay in the budget bills. Bottom line: at least a 90 day delay is official.
The Petition for the emergency rule to delay the secondary fire elevator failed 16-9 (it takes 75% to pass an emergency rule). However, the Building Commission unanimously agreed to proceed with normal rule making for the secondary fire elevator.
Bottom line, given the adoption of the emergency rule for the blower door and the mechanical ventilation standards and the unanimous vote to approve regular rule making for the secondary fire elevator, the building commission’s actions strongly suggest that the legislature’s study and one year delay is appropriate. Clearly potential issues with these provisions exist.
06/17/15: FHBA “hot-off-the-presses”… what we can immediately ascertain about our major legislative priorities. Click here for Memorandum.
06/15/15: You may hear the House and Senate have agreed to delaying the blower door testing, mechanical ventilation, and secondary fire elevator for high-rises. The rumor is true—a proposed legislative delay is in the works and has been agreed to by both the House and Senate during last night’s budget conference negotiations. This is potentially a huge victory for you and the building industry.
This action is not final. The education portion of the budget is still under discussion. Once all items have been agreed to, the budget will be presented at least 72 hours prior to final action by the legislature. Lastly, a gubernatorial review is required.
The bottom line: this is great news, and resulted from a great deal of work, but there is still work to be done. Later this week, expect a call to action from FHBA, asking you to e-mail Governor Scott and let him know how important the delay is to your business and the industry.
Keep in mind, this is a proposed one-year delay of the three issues and a corresponding study of those issues. It does not propose a delay to the entire code. Therefore, it is imperative that you continue seeking educational opportunities to fully understand the code as it will exist effective June 30, 2015. SEBC offers you those educational opportunities. Click here to view SEBC educational opportunities.
Stay tuned for future developments.
06/09/15: Governor Rick Scott signed into law HB 791, the FHBA supported condominium bulk buyer legislation. HB 791, by Rep. George Moraitis (R-Ft. Lauderdale) and Sen. Jeremy Ring (D-Margate), extends the bulk buyer liability protections for an additional two years. This extension of liability protections is important to our vertical building members.
Construction Industry Recalls: Builders, remodelers and their clients learn about product recalls when federal officials or the producers themselves determine there may be a health or safety issue associated with it.
NAHB follows notices of product recalls and when that product is associated with the construction or renovation of a home, it is listed here with a link to the Web pages that explain whether the end user should return the product for repair or seek another solution. Click here
Fortunately, the FHBA had already accomplished many of our other issues such as: extension of bulk buyer, private property rights (Koontz decision), growth management, construction defects and local government contracting preferences. In addition, several bills that FHBA opposed, such as home owners associations and changes in the lien law (not filed), were not heard by the Legislature. Yet to be dealt with are budget issues such as: Future Builders of America, septic tank study, grant funding and additional funding for unlicensed activity. These issues will be addressed in a special session that has yet to be set although the Legislature must be done by July 1st (the start of the next state fiscal year).
Click here to find a tracking chart of the issues on FHBA list and their outcome.
FEMA ISSUES AFFECTING OUR MEMBERS:
CBIA has been working diligently with our lobbyists at NAHB researching the effects of proposed FEMA changes relative to floodplain management over the past several months. While this is a complicated issue, if the suggested language becomes federal law, they will have dire consequences on land development and building throughout the southeast coastal areas and, in particular, Collier County.
Basically, we find confusion with one agency defining the floodplain according to “climate-informed science,” another using the “freeboard” approach, and yet a third adopting the 500-year floodplain. Builders, developers, loan officers are left wondering where the requirements apply and where they do not.
Additionally, there are no maps for regulators or the regulated community to review that show the extent of the floodplain according to the climate-informed science and freeboard approaches. And, in many locations, the 500-year floodplain is not mapped. Our members have been asked to send the attached letter of support for the work NAHB is doing on our behalf.
CBIA will keep members updated on this issue.
Kathy Curatolo, Executive Vice President
Click here for letter template
FHBA Legislative Update: Proposed Bills: State
Sine Die and Implications
The House on very short notice adjourned sine die at 1:16 yesterday 4/28/15. The action sets up a special session, not extended session, some time before July 1st, to deal with budget and federal healthcare funding. Here’s some key points:
• Prior to adjournment, Speaker Steve Crisafulli read a prepared statement, citing lack of progress between the House and Senate over healthcare and said a “reset” is needed; House Democratic Leader Mark Pafford said his caucus remains ready to work.
• At this point, any Senate bill in the House awaiting action is dead; Any Senate bill in the Senate that requires action by the House is dead; any amendments the Senate may want to make to a bill already acted upon by the House will kill the bill as the House is not around to agree;
• What remains in play are House or Senate bills passed by the House and are on Senate 3rd reading or Special Order calendar waiting for Senate concurrence. To pass the Legislature, the Senate must pass the House version;
• House adjournment halts any talk of session extension. A special session will be required and must be convened by either the Governor or a joint resolution of the Speaker and Senate President;
• Governor Scott yesterday followed through on his threat and filed suit against the federal government to force separation of Low Income Pool (LIP) insurance and expansion of Medicaid services as two separate issues for federal approval;
• Senators are meeting today, at least, to work through an agenda of third reading and Special Order bills and some House bills in returning messages;
As for a special session (there could be more than one), some substantive bills can be brought into play only if they would pertain to the General Appropriations Act (GAA).
In the meantime, all budget bills and actions this session are dead. The House and Senate will have to go through the process, again, of introducing, developing, hearing, debating, amending and passing their respective Appropriations Act (GAA), conforming bills, implementing bills. In past years, they usually got quickly to where they left off, but the 72-hour wait rule still holds from time of joint budget agreement until both chambers can pass the GAA.
This special session will not be called until there’s some kind of agreement over healthcare and how much of the state’s reserves will be used. Then the session will be healthcare, budget, probably tax cuts and any issue that is included in the “call” or gets 2/3 vote in both chambers for introduction and consideration. Initial timeframe would likely be 10 days, plus.
This does look like we will not be seeing many bills passed this year.
FHBA 2015 LEGISLATIVE GUIDE – Click here to view guide
March 10, 2015 Update:
|Click links to County Floodplain Management Committee information: FMPC 9-30-14 Mintues Final, FMPC 10/23/14 Minutes, FMC 11/19/14 minutes, FMC 12/16/14 Minutes and Progress Report for 2015 Action Items 01/15/15
Click link to G.A. Liaison, Patrick Neale memo: Click here
Click here for NAHB G.A. Correspondence
Click here for NAHB – EO 13690 – A New Federal Flood Risk Management Standard
*Updated information is ongoing
The House Civil Justice Subcommittee passed two FHBA priorities. HB 87, the construction defect bill by Rep. Passidomo (R-Naples), requires specificity regarding the notice of defects. It requires the notice of claim to specify the alleged building code being violated and the specific location of each alleged construction defect. Please see link below in blue and send a note of thanks to Representative Passidomo.
Click the link below to log in and send your message:
Updates Week of 2/9-2/13/15
HB 7003 relating to Water Resources (the major house water bill of the session): The full House Appropriations Committee, amended and then passed HB 7003. The next stop will be consideration by the full House of Representatives The bill remains a process bill instead of a regulatory bill. The House bill was supported by the FHBA.
HB 501 by Rep. Jay Fant (R-Jacksonville) relating to the statute of repose or limitation of civil actions: HB 501 reduces the time period from the current 10 years to 7 years for which action may be brought for latent construction defects relating to planning, design or construction of improvement to real property. HB 501 passed on a 7-6 vote and moves next to House Judiciary Committee. To date, a companion bill has not been filed. Obvious opposition comes from condo association.
President Jerry Linder
If there is one aspect of what we do as an association that impacts every member, it’s our work with building codes. Long ago, the Florida Home Builders Association championed the concept of a single uniform building code for Florida and the results have been positive. Of course, having a single code still has its challenges and monitoring proposed changes to the code and its interpretations remains a top priority. Many of you remember that Jack Glenn was our longtime codes expert on staff prior to his passing in June of this year. To fill the void Jack left, FHBA has established a contractual relationship with an experienced code professional (John Farinelli) to watch over code issues and answer our members’ code-related questions. John’s technical expertise will be important in our ongoing dialogue with the Florida Building Commission on code issues and he’ll also replace Jack as our primary instructor on code-education classes. Governmental Affairs Director Doug Buck will continue to provide overall oversight on codes and he takes the lead when code issues are dealt with by the Florida Legislature. We are also reinstituting our FHBA Codes Committee as a means for members to give us insight and direction on code matters. Looking broader at codes, we received good news recently when our National Association of Home Builders (NAHB) helped convince the International Code Council (ICC) to take a significant step forward in ensuring that code change proposals come with price tags. As the code begins to come under review for possible changes between now and 2017, the ICC announced it will require that all advocates include the costs associated with any proposals introduced along with the paybacks, where appropriate. By acknowledging that costs are an important factor in determining the merit of code change proposals, this will make the building codes process more cost-effective and affordable. In addition to the work of NAHB and FHBA, it’s incumbent on local builders associations to maintain an ongoing dialogue with their building officials. It’s an important relationship and one that all members expect their HBA to maintain as one of the many values of membership.
By Patty Wedge-Ludwig
Second VP FHBA
Imig, Bonaquist Finalists
For FHBA’s Top Honors
I have just returned from the Florida Home Builders Association’s Fall Leadership Conference in Daytona Beach and I am pleased to announce that builder Jerry Linder of St. Augustine is our new FHBA President and financial planner Paul Iandoli of Orlando is our new Second Vice President (highest rank for an associate member). I believe Jerry and Paul will do excellent jobs.
During the conference, we welcomed our new CEO/Chief Lobbyist Rusty Payton and said good-bye to our longtime State EO Paul Thompson, who has worked for FHBA for 36 years and is now becoming the EO of the Tallahassee Builders Association. I wish both Rusty and Paul the best.
National Association of Home Builders (NAHB) President Kevin Kelly of Delaware was a special guest at the conference and he spoke about the many federal-level issues that impact our industry, including mortgage finance reform, EPA stormwater rules, and flood insurance.
I was pleased to present the FHBA 2014 Builder of the Year Award, selected by the FHBA Past Second Vice Presidents Council, to Dave Carter of Lakeland. The award was well-deserved but I have to give a shout-out to our own Bob Imig of Stock Development, who was among the finalists for the honor.
Another prestigious award – Associate of the Year – went to one of my colleagues in the insurance business, FHBA Past Second VP Bud Swindell of the Lori Swindell Insurance Agency in Sarasota. Congratulations to Bud. Again, I would note that Robyn Bonaquist of B-Squared Advertising was a finalist for her work as Co-Chair of the Associates/Trades Council at FHBA this year. In 2014-2015, Robyn will chair the state Sales and Marketing Council which will give her yet another opportunity to showcase her talents.
Collier BIA Past President Al Zichella, now with the Miami-based Related Group, attended the Fall Conference and presented the 2014 Mike Davis Affordable Housing Award to FHBA President Ron Lieberman of Citrus County. Ron did yeoman’s work this year persuading the Florida Legislature to restore $167 million in funding to the Sadowski Affordable Housing Trust Fund after six years of the dollars being swept into general revenue. Many of you will remember the now-deceased Mike Davis as a CBIA Hall of Fame member and a champion for affordable housing during his time in the Legislature.
Finally, I was pleased to see that the Paul Joyal Pinnacle Builder of the Year Award went to a builder in Daytona Beach – Jamie Adley – who does almost 100 percent of his business with associate members. He serves as a sterling model for “Doing Business with Members.”
I enjoyed my time as an FHBA Senior Officer and look forward to being involved in our state association for many years to come… and I hope to see more and more CBIA members at our FHBA meetings. As a reminder to all… “Think Membership!”
Longtime CBIA member Patty Wedge-Ludwig of Merchant Insurance Solutions, Inc. just completed her service on the Senior Officers team of the Florida Home Builders Association where she was the 2013 Second Vice President. Her column will appear monthly in 2014.
Payton Named FHBA CEO/Chief Lobbyist
Rusty Payton, CAE, currently the Chief Operating Officer of the Florida Dental Association (FDA), has been named the CEO/Chief Lobbyist for the Florida Home Builders Association (FHBA), according to an announcement by FHBA President Ron Lieberman. Payton will join the staff of the Tallahassee-based association on October 1, 2014 and begin his official duties January 1, 2015 when he succeeds retiring CEO/Executive Vice President Paul Thompson.
Payton, who was recently honored as the Florida Society of Association Executives (FSAE) Executive Member of the Year for his professionalism and leadership, won a nationwide search for the top job at the 7,000-corporate-member statewide building industry association. “We’re excited about the experience and skill set Rusty brings to FHBA,” said Lieberman, a Citrus County builder. “Not only is he an exceptional association manager but he’s also a highly-respected lobbyist with a proven track record of getting things done in Tallahassee.”
Payton relishes the opportunity to lead an association that represents the state’s third-largest industry and a bellwether for the Florida economy. “I see a huge upside for FHBA, its members, and their customers and clients,” said Payton. “Through grass-roots organization, political action, and face-to-face lobbying efforts, I believe we can achieve an economic and regulatory environment where jobs are created, builders are successful, and housing consumers are well-served. It’s exciting to be part of an industry that’s so vital to Florida and its citizens.”
HB 269 Building Construction
Requires counties to attach certain disclaimers & include certain permit conditions when issuing development permits; revises notice requirements in Local Government Code Enforcement Boards Act; requires governmental entities to specify certain products associated with public works projects; requires state agencies to use certain building rating systems & building codes for each new construction and renovation project; specifies that certain actions relating to onsite sewage treatment & removal are not required if bedroom is not added during remodeling addition or modification to single-family home; authorizes local building department to retain 75 percent of certain fines collected if it transmits 25 percent to Department of Business & Professional Regulation; prohibits any provision of International Residential Code relating to mandated fire sprinklers from incorporation into Florida Building Code; requires Florida Building Commission to adopt Florida Building Code-Energy Conservation; revises purpose of Florida Building Energy-Efficiency Rating Act.
Effective Date: July 1, 2013
Also note: $250,000 in budget for additions enforcement actions by DBPR in sweeps and stings.
- Increases the maximum civil penalty that may be levied by a local governing body from the current $500 to $2000 against unlicensed contractors for both state and local certification and registration;
- If a violation exists, increases the civil penalty that may be charged per day by the local enforcement or licensing board or designated special magistrate from $1000-$1500;
- Authorizes local building departments to retain 75 percent of the outstanding fines against certified or registered contractors and requires them to transmit 25 percent of the fines they collect to the state;
- Strengthens the applicability of the law with respect to the enforcement and collection of fines and penalties for unlicensed activity;
- Updates statutory references to reflect the correct title of the Florida Building Code-Energy Conservation Code;
- Expands the definition of “building energy rating system” to recognize several state and national programs, eliminates the current monopoly held by the Florida Solar Energy Center and provides definitions for energy audit and energy rater;
- Adds products that are approved utilizing an evaluation entity such as ICC, and Miami-Dade to the expedited review process that is already in place for products approved through the certification agency and adds “impact protective systems” to the list of products that may achieve statewide product approval;
- Clarifies that when changing out an existing air conditioning system, the new system must only comply with the manufacturers installation instructions;
- Clarifies the notice procedures for local code enforcement officials;
- Removes the specific fire sprinkler code citation –R13—and simply references the International Residential Code to specify that the Florida Building Commission may not mandate fire sprinklers in single-family homes; (this change is necessary to ensure the prohibition put into Florida law in 2010 remains even if the IRC citation changes).
To view the Duncan Associates Impact Fee Study click here.
What has FHBA done for our members in 2012…plenty!
Click Here to View
More about the FHBA…
Affiliated with the National Association of Home Builders (NAHB) and Florida’s local/regional home builder associations, the Florida Home Builders Association (FHBA) enjoys a legacy of success. At its core, FHBA is about advocacy and its legislative, legal and political initiatives have worked together to create the best possible economic and regulatory environment for our members to succeed. In addition to advocacy, FHBA provides members with timely news and information, high-quality education and a wide array of competitively priced products and services.