FHBA Legislative Updates – Week 3

FHBA Legislative Updates – Week of January 22, 2018

Special Thanks:
A special thanks to the following FHBA leaders who made the time and effort to be in Tallahassee and attend various meetings pushing FHBA’s legislative agenda.
• Greg Matovina, FHBA President
• Frank Severino, FHBA Governmental Affairs Chair
• Dave Carter, Former FHBA President
• Douglas Barton, Tallahassee BA President
• Rob Watson, Tallahassee BA Governmental Affairs Chair

Statute of Repose:
SB 536 by Sen. Passidomo received unanimous approval by the Senate Judiciary Committee. The bill was amended in accordance to an agreement reached between the FHBA, the Florida Justice Association and other interested parties. The amendment ensures that repairs and warranty services do not delay start of starting the repose time clock.

Construction Defects:
The presentation and eventual vote of the House Judiciary Committee on HB 759 by Rep. Trumbull was postponed. FHBA continues working with non-homebuilding groups to address their concerns.

State Assumption of 404 Federal Permit Authority:
SB 1402 by Simmons will be heard and approved by Senate Environmental Recourses’ and Conservation Committee. The bill requires the State DEP to enter into negotiations with the Army Corps of Engineers to assume their 404 permitting authority.

Condominium Bulk Buyer:
HB 841, by Rep. Moraitis received approval by the Careers and Competition Sub-committee. This bill deletes the sunset provisions relating to the assumption of liability by bulk-buyers. Making permanent that condo bulk buyers do not assume developer liability better positions potential investments into distressed condos.

Developments of Reginal Impact:
SB 1244 by Senator Lee was heard this week and passed. The bill provides for a removal of obsolete language along with a few changes to the DRI structure based on the changes over the last few years.

Onsite Sewage Systems:
SB 1664 by Sen. Simmons was heard and passed by the Senate Committee on Environmental Preservation and Conservation Committee. SB 1664 applies the spring shed/BMAP provisions of onsite sewage systems to all areas of the state undergoing the total maximum daily load process and adds municipal water and sewage systems to the remediation plans.

Constitution Revision Commission:
CRC Prop 69 was withdrawn from consideration. If adopted by the voters, this proposal could have made it difficult for Community Development Districts and other jurisdictions to enter into long-term bonding obligations for the construction of roads and other infrastructure needs.

Expected Actions for Week of January 29:
(Note: Agendas for many committees have not been released)

Impact Fee:
SB 324 by Sen. Young, the FHBA Impact Fee Bill is on the Senate Appropriations Finance and Taxation Sub-committee.

Condominium Bulk Buyer:
SB 1274 by Sen. Passidomo is scheduled to be heard by the Senate Regulated Industries Committee. HB 841 by Moraitis is on the Civil Justice Sub-committee agenda. This bill deletes the sunset provisions relating to the assumption of liability by bulk-buyers. Making permanent that condo bulk buyers do not assume developer liability better positions potential investments into distressed condos

Developments of Regional Impacts:
HB 1151 by Rep. LaRosa has been placed on agenda for the Committee on Local, Federal and Veterans affairs committee. This is the companion to SB 1244 mentioned above.

Pinellas County Construction Licensing Board:
A local bill, HB 1137 by Rep. Kathleen Peters will be heard by the Careers and Competition Sub-Committee. The Senate version, SB 402 by Rouson is awaiting Senate Action on Local Bills.