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Sunshine State Legislative Updates

February 7, 2020

Session 2020: Construction Legislation Update for the Week Ending 2/7/20

By Anne Corcoran

What happened this week?  Bills requiring sea-level impact studies for state-financed construction advanced in both the House and Senate, as well as bills deregulating certain industries though there is not complete agreement between the chambers on the extent to deregulate and specific jobs to deregulate.  A bill which reduces the amount a state or local governmental entity can withhold from payment to a construction contractor from 10% to 5% advanced in the Senate and has already passed the House.  A bill prohibiting local governments from requiring certain design elements for one- and two-story buildings unless certain conditions are met passed its final House committee.  Read on for more details.

Building Design

SB 954/HB 459

Provides “building design element” regulations may not be applied to one- and two-story structures by local governments unless specific conditions are met; provides an affected party may submit certain local government regulations to the Florida Building Commission for review.

SB 954 status

  • Referred to: Community Affairs; Innovation, Industry, and Technology
  • Additional committees:  Rules

HB 459 status

  • Passed: Business and Professions (13-0); Gov Operations & Technology Appropriations (9-2); Commerce (22-0)

Public Construction

SB 246 /HB 101

Revises amounts of retainage local governmental entities, public entities, and contractors may withhold from progress payments for construction services contracts; revises requirements for Departments of Management Services rules governing certain contracts.

SB 246 status

  • Passed: Governmental Oversight & Accountability (5-0); Community Affairs (4-0); Appropriations (20-0)
  • Next stop: Senate Floor

HB 101 status

  • Passed: House Floor 1/22/20 (118-1)

Construction Defects

SB 948/HB 1381

Revises when a person has a cause of action relating to the Florida Building Code; revises requirements relating to notice of claim; provides that claimant does not have a claim for damages that could have been avoided or mitigated.

SB 948 status

  • Referred to: Civil Justice Subcommittee
  • Additional committees: Business and Professions Subcommittee; Judiciary

HB 1381 status

  • Referred to: Community Affairs
  • Additional Committees: Judiciary, Rules

Deregulation of Certain Industries; Revising Membership on Florida Building Commission

SB 473/HB 1193

SB 474:  Provides additional ways to get a license for the following out-of-state licensed professionals:  building code administrators and inspectors, home inspectors, engineers, construction and electrical and alarm contractors, landscape architects; revises membership of the Florida Building Commission.

HB 1193:  Provides additional ways to get a license for the following out-of-state professionals: construction and electrical contractors, landscape architects, geologists, engineers, home inspectors, building design professionals. Eliminates additional business license requirements for architects, landscape architects, and geologists.  Reduces number of members on the Florida Building Commission.

SB 474 status

  • Passed: Innovation, Industry, & Tech (8-0); Commerce & Tourism (4-0)
  • Additional committees: Appropriations

HB 1193 status

  • Passed: Business and Professions Subcommittee (12-3); Government Operations and Technology Appropriations Subcommittee (10-2)
  • Referred to: Commerce

Public Financing of Construction: Sea-Level Impact Studies

SB 178/HB 579

Prohibits state-financed constructors from commencing construction of certain structures in coastal areas after a certain date without first taking certain steps regarding a sea level impact projection study.

SB 178 status

  • Passed: Environmental and Natural Resources Comm. (5-0); Infrastructure and Security Comm. (7-0); Appropriations Subcommittee on Agriculture, Environment, and General Government (11-0)
  • Referred to: Appropriations

HB 579 status

  • Passed: Agriculture and Consumer Services Committee (11-0)
  • Referred to: Appropriations
  • Additional committee: State Services Committee