FHBA Legislative Updates – Week 2

FHBA Legislative Updates – Week of January 15, 2018

Impact Fees:
HB 697 by Rep. Miller received approval from the House Ways and Means Committee. The bill prohibits a local government from requiring impact fee collection prior to the issuance of permits. It also prohibits impact fees from being used to pay for refinancing of existing debts.

Affordable Housing Trust Funds:
SB 874 by Sen. Passidomo received unanimous approval from the Senate Community Affairs Committee. SB 874 prohibits the legislature from using said funds (Sadwoski Funds) for anything other than their original purpose, affordable housing. Its House companion, HB 191 by Rep. Sean Shaw has yet to receive a hearing.

Statute of Repose:
HB 875 by Rep. Leek was amended then approved by the Civil Justice Sub-committee. The amendment adopted was an attempt to forge an agreement amongst the interested parties. Thanks to the help of VBC member Todd Merrill of Taylor Morrison Homes, a meeting following the bill hearing produced a product closer to our original intent; to ensure that punch list items and warranty services do not delay the “start” of the repose time clock.

State Assumption of 404 Federal Permit Authority:
The House Natural Resources and Public Lands Committee, Chaired by Rep. Raschein, voted to introduce a committee bill which requires the State DEP to enter into negotiations with the Army Corps of Engineers to assume their 404 permitting authority. If the assumption of 404 permitting authority is assumed by the state, permitting should be streamlined and quicker.

Constitution Revision Commission:
In a blow to the business commission, CRC Proposition 29 passed out of its second committee. CRC Proposition 29 requires virtually all businesses, including construction contractors, to use a state e-verification system to verify citizenship of all employees. The proposal is more of an implementing bill than a constitutional amendment. It gives broad power to DBPR for inspections and enforcement to ensure compliance.

Pinellas County Construction Licensing Board:
A local bill, HB 1137 by Rep. Peters was approved by its first committee of reference. The local bill modifies the composition of the Pinellas County Construction Industry Licensing Board and provides the board is a dependent agency of the Board of County Commissioners. The Senate version, SB 402 by Sen. Rouson is awaiting Senate action on Local Bills.

Assignment of Benefits:
The Senate Banking and Insurance Committee scheduled Sen. Steube’s SB 1168 version of AOB. While containing many of the House provisions it also contains provisions opposed by the Insurance industry. Unfortunately, time ran out in the committee. The bill has been rescheduled for a hearing next week.

Expected Actions for Week of January 22:
(Note: Agendas for many committees have not been released)

Building Commission Make Up:
HB 299, by Rep. McClain, seeks to modify the makeup of the Florida Building Commission. It is expected to be on the calendar for the Commerce Committee.

Expediting Local Permits and Inspection:
The Committee on Local, Federal and Veteran Affairs is expected to workshop legislation requiring local governments to create an expedited permitting and inspection program for construction projects. FHBA leaders plan to be in attendance at the workshop.

Onsite Sewage Systems:
SB 1664 by Sen. Simmons will be heard by the Senate Committee on Environmental Preservation and Conservation. SB 1664 applies the springshed/BMAP provisions of onsite sewage systems to municipal water and sewage systems.

State Assumption of 404 Federal Permit Authority:
SB 1402 by Sen. Simmons, will be heard by the Senate Environmental Resources and Conservation Committee. This is the Senate’s version of legislation requiring the State DEP to enter into negotiations with the Army Corps of Engineers to assume their 404 permitting authority. If the assumption of 404 permitting authority is assumed by the state, permitting should be streamlined and quicker.

Development of Regional Impacts:
SB 1244 by Sen. Lee will be heard in Senate Committee Affairs. The main objectives is to clean up and remove current obsolete language and then to successfully transition existing DRI’s so that they are not placed at a disadvantage to their developments. Its House companion, HB 1151 by Rep. LaRosa, is on the Agriculture and Property Rights Subcommittee.

Statute of Repose:
SB 536 by Sen. Passidomo is expected be heard by the Senate Judiciary Committee. The bill provides that completion of punch lists and warranty services do not delay the start of the repose time clock.

Construction Workforce Taskforce:
HB 1251 by Rep. Porter requires the Department of Education to submit plans to implement prior recommendations of the Florida’s Workforce Taskforce. The bill is on the agenda of the Careers and Competition Subcommittee.

Condo Developer Liability:
Rep. Moraitis is once again sponsoring FHBA priority legislation to make permanent provisions of law granting condominium bulk buyers immunity from developer liability. HB 841 is scheduled to be heard by the Careers and Competition Subcommittee.