Florida Construction Law

Florida's Association of Roofing Professionals cautions that Florida residents could face property insurance rate hikes if existing building codes are replaced by a generic "International Building Code". Florida Building Commission committees are considering requests to preserve existing code this week. Winter Park, FL (PRWEB) October 03, 2012 Florida Building Commission (FBC) committees begin meeting this week to consider requests to preserve Florida-specific building regulations for the 2013 code cycle. Without approval by the Commission, the codes will disappear in favor of a generic, international code that will likely result in less protection and higher property insurance rates for Florida residents. Mark Zehnal, CPRC, the Director of Technical Services for FRSA, submitted more than 200 requests this summer hoping to preserve the current code on behalf of Floridians. “FRSA is taking a stand, not just for the contractors but for the people of the State,” Zehna...

  To Take Effect January 1, 2014 The Polyisocyanurate Insulation Manufacturers Association (PIMA) recently reported changes in determining  the R-Value for polyiso. An update to ASTM C 1289-11 has revised the certification of Long Term Thermal Resistance (LTTR) values that will go into effect January 1, 2014. These changes shouldn’t impact the 2010 Florida Energy Conservation Code since the code is based on prescribed performance requirements (resistance values) of the insulation. With that said, these changes may impact the cost of and the amount of material used to achieve the required thermal resistance. In the case of existing roofs the 2010 Florida Existing Building Code is clear in section 601.2 Conformance. An existing building or portion thereof shall not be altered such that the building becomes less safe or energy efficient than its existing condition. Be aware that because the R-value per inch will be reduced by these changes, using the same thickness o...

The FRSA’s Convention and trade show will be here before you know it.  The trade show is a two-day event with 11.5 hours of floor time.  Visit exhibitors, see what new products and services are available and watch live exhibitor demonstrations in two places on the show floor.  The focus this year is on education, training, and technology and the FRSA has incorporated them into the convention and trade show.  There are 19 continuing education courses available for a total of 34 credit hours – their largest selection of courses ever!  They have also scheduled business essential courses that don’t have continuing education credit, but focus on new technology through various products and services. The convention will be held from July 18 th -20 th , 2013. Click Here to register (From FRSA) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.com

Other Issues – Here is information on some other bills that are in play this session. Design Professionals – After two or more years of trying, this legislation (CS/SB 286 by Joe Negron, R-Palm City) has passed the legislature, and the effort to have Governor Scott veto the bill (just as Governor Crist did a few years back) is underway. This legislation exempts architects, interior designers, landscape architects, engineers, and geologists from individual liability for damages from negligence within the course and scope of a professional services contract under certain circumstances. It does not exempt such business entities – only the individual licensees. The primary opponents of this legislation were general contractors, trial lawyers, and property owners. Jessica Lunsford – This bill is almost passed the Legislature. HB 21 by Keith Perry (R-Gainesville) has passed the House and is expected to pass the Senate, possibly this week. The legislation requires the Department of Ed...

Workers’ Compensation – There are four workers’ compensation related bills making progress this year. Right now, it looks like they will all pass. Here they are with a little description and status report. Drug Repackaging – HB 605 by Matt Hudson (R-Naples) and SB 662 by Alan Hays (R-Umatilla) are this year’s companion bills. The legislation moved very well until their last committee stops and that signaled negotiation hour – we all knew that would be the case. While we have the strongest case for closing the existing loophole, the other side, having given a truckload of cash for campaign contributions, has the attention of political leaders. Because of that, they not only have the leverage to stop the entire business community, but they may even have what it takes to make things worse. The risk of that puts us in a position of needing (more than wanting) to find a compromise to get something on the books to protect us from unacceptable rate increases. The “compromise” is thi...

Unlicensed Activity – In addition to the increased penalties proposed in the building codes / construction legislation above, there will be $250,000 of unlicensed activity funds (at DBPR) dedicated to additional construction sweeps and stings for the coming fiscal year. This money is part of the $5 taken from each licensure fee. I will try to keep this background short. The $5 taken from licensure fees applies to all licensure categories (not just construction) and the money is thrown into one big pot. Last year, the realtors and the CPAs asked that a certain amount of the money in this pot be dedicated to unlicensed activity for their respective professions. The amounts were roughly proportionate to the number of realtor licensees but not so for CPAs (they took more). This year, they both asked for even more, so it was thought to be a good idea to make a grab for dedicated funding for construction before realtors and CPAs drain all the money (especially since neither profession ha...

Florida Building Code – A mildly interesting wild ride this session has been the annual building codes bill. As usual, it was intended to be for non-controversial codes/construction changes. Because of that, we could not get traction for our effort to pull back on the ICC takeover of Florida. The starting point was HB 1245 by Daniel Davis (R-Jacksonville) and SB 1252 by Wilton Simpson (R-New Port Richey). Of interest to us, the bills contain the following changes: - Increases the maximum civil penalty a local government may impose against an unlicensed contractor from $500 to $2,000 - Increases the per day civil penalty that may be imposed by a local enforcement or licensing board (or designated special magistrate) from $1,000 to $1,500 - Allows local building departments to keep 75% of fines imposed against licensed contractors (registered or state-certified) - Eliminates the monopoly on things energy held by Florida Solar Energy Center (FSEC) All was moving as expecte...

General Information – The regular legislative session will end in a little less than two weeks. Both the House and Senate will be in session almost all day every day between now and Friday, May 3, 2013. This is the most intense time of session. One of the major topics for any session is the budget, and, if controversial, it can often throw everything else off track. This year is not one of those years. The budget conference process is proceeding well and most all issues have been resolved. To date, of the 1,833 bills filed, 38 have passed. This is not unusual. Predictions (or intention) coming from the Senate president are that no more than about 300 bills pass this session. This would be a relatively low number (but a total of 1,833 bills filed is also a relatively low number).  (From FRSA Legislative Report prepared by FRSA Lobbyist Cam Fentriss) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 336...

FRSA continues to offer its members a variety of services and has now reinstated the Unlicensed Contractor Taskforce.  For more information, contact FRSA at www.floridaroof.com . Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.com

FRSA Credit Union Launches New Members’ Only Benefit The FRSA Credit Union Board of Directors approved a new member’s only benefit to assist contractors in helping consumers finance a new roof or repair job. And the best part is that you, the contractor, don’t have to be involved in the process. All you need to do is give the consumer the contact information for the Credit Union and they do all the work! You do need to be a member of the Credit Union (you can open an account for $7), there are no fees to you, and the Credit Union will work with your customer to arrange financing. Rates vary and are based on the customer’s credit score. To become a member of the Credit Union, you may set up a personal account or a business account (download form you wish to use). Or you can contact Marissa or Adrienne at 877-657-7212 or visit their website at www.frsacu.org .  (from FRSA Roof Flash).  

Florida's Association of Roofing Professionals cautions that Florida residents could face property insurance rate hikes if existing building codes are replaced by a generic "International Building Code". Florida Building Commission committees are considering requests to preserve existing code this week. Florida Building Commission (FBC) committees begin meeting this week to consider requests to preserve Florida-specific building regulations for the 2013 code cycle. Without approval by the Commission, the codes will disappear in favor of a generic, international code that will likely result in less protection and higher property insurance rates for Florida residents. Mark Zehnal, CPRC, the Director of Technical Services for FRSA, submitted more than 200 requests this summer hoping to preserve the current code on behalf of Floridians. “FRSA is taking a stand, not just for the contractors but for the people of the State,” Zehnal says. Legislation introduced since th...

The quarterly Florida Roofing, Sheet Metal & Air Conditioning Association Board Meetings will be held at the Crowne Plaza in Melbourne today and tomorrow. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com  

The Florida Roofing, Sheet Metal & Air Conditioning Contractors Association (FRSA) quarterly board meetings will be in St. Augustine from February 2-4, 2012 at the World Golf Village Renaissance. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

Short video regarding the FRSA Public Relations Committee Meeting at the Westin in Lake Mary, FL.  Here is the direct link: http://www.youtube.com/user/FLConstructionLaw#p/u/10/kVnTD4zQLFI Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

I will present two seminars at the Florida Roofing, Sheet Metal and Air Conditioning Contractors Association (FRSA) Annual Convention June 22-25 in Orlando, Florida:  "Contractor Licensing Issues and Construction Contracts" and "The Basics of Construction Lien Law and How to Collect Payment on Construction Projects."   The seminars will each provide attendees with 2.0 CILB continuing education credit hours. Additional details about the conference and seminars can be found at www.floridaroof.com . Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

This year's FRSA Convention and Florida Roofing & Sheet Metal Expo will be held at The Peabody Hotel and the Orange County Convention Center in Orlando, FL from June 22 - 25, 2011. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

FRSA is having its quarterly board and committee meetings in Melbourne, Florida from April 28 through April 30, 2011.  For more information, please go to www.floridaroof.com . Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com