Chris Dawson, Attorney, GrayRobinson
The 2024 Legislation Session saw the introduction of almost 3,000 proposed bills, the highest number in any previous session. For FRSA, it meant reviewing and tracking a few bills that were outside our normal scope.
The Legislature finally agreed on Rep. Cyndi Stevenson’s (R-St. Augustine) insurance package (HB 1611) in the final days of Session. After the bill passed in the House, the Senate took up the bill and amended it twice and sent it back to the House for final passage. After a series of behind-the-scenes negotiations, the House accepted the Senate’s amendments and passed the proposal, sending it to the Governor’s desk. In the version that passed, the bill provides that a licensed roofing contractor is considered an “authorized inspector” for purposes of section 672.7011(5), Florida Statutes, to provide roof inspections to determine if an insurer may require the replacement of a roof that is at least 15 years old as a condition of continuing to provide homeowner’s property insurance for a risk.
On the last day of Session, the House and Senate bounced the bill back and forth between the rotunda before reaching an agreement. The proposal (HB 433 by Republican Rep. Tiffany Esposito of Ft. Myers) preempts cities and counties from enforcing their own heat regulations. Specifically, it prohibits a political subdivision (e.g., a city, county, etc.) from requiring an employer or contractor to meet or provide heat exposure requirements that are not required under state or federal law, giving preference in solicitations based upon employer heat exposure requirements and considering or seeking information relating to an employer’s heat exposure requirements. The bill does not limit the authority of a political subdivision to provide heat exposure requirements not otherwise required under state or federal law for direct employees of the political subdivision. These heat exposure provisions do not apply if compliance will prevent the political subdivision from receiving federal funds. The bill also preempts local government regulation of contractor wage and benefits, usurping “living wage” ordinances adopted across the state.
FRSA successfully fended off legislation that would have been crippling to the industry in terms of compliance and cash flow for business operations. The bill, HB 1563 Construction Contracting by Representative (and
Majority Leader) Michael Grant (R-Pt. Charlotte), would have required contractors to adhere to strict
regulations regarding payments for construction or repair services on residential properties. Most notably, the bill would require contractors receiving $10,000 or more for their services to hold such payment in escrow or, in the alternative, secure a performance bond. It would also have required a performance bond on all residential projects exceeding $100,000 regardless of the utilization of escrow. The legislation would require strict performance guidelines in order for funds to be released to the contractor, crippling cash flow. Working with a team of industry allies, FRSA led the charge in preventing this legislation from passing.
The Legislature advanced a teen work bill (HB 49 by Republican Rep. Linda Chaney of St. Petersburg) that was scaled back from its earliest version over the course of session. The bill as passed by the Senate and sent to the House, keeps a current law restriction which says that 16- and 17-year-olds may not work before 6:30 a.m. or after 11 p.m. on a school night and leaves in place the current restriction on kids working more than 30 hours a week. However, with the weekly limit, the bill adds an opt-out provision that allows students to work more hours in a week if they have permission from their parents or a school official. The legislation also would exempt homeschooled and virtual school students from restrictions on working hours.
In the final week of Session, lawmakers unanimously passed a proposal (HB 293 by Republican Rep. Tyler
Sirois of Merritt Island) that would require homeowners’ associations (HOAs) to adopt plans for the deployment of specified hurricane protections. All specifications adopted by the homeowner's association must comply with the applicable building code. The bill allows the homeowners’ association or committee to require parcel owners to adhere to an existing unified building scheme regarding the external appearance of the structure or other improvement on the parcel. Moreover, regardless of any other provision in association governing documents, the bill prohibits HOAs from denying applications for hurricane protection-related installments, enhancements or replacements that adhere to certain external appearance guidelines. Lastly, the bill defines the term “hurricane protection” to include, but not be limited to, roof systems recognized by the Florida Building Code
that meet ASCE 7-22 standards, which are standards adopted by the American Society of Civil Engineers;
permanent fixed storm shutters; roll-down track storm shutters; impact-resistant windows and doors; polycarbonate panels; reinforced garage doors; erosion controls; exterior fixed generators; fuel storage tanks
and other hurricane protection products used to preserve and protect the structures or improvements on a parcel governed by the association.
A bill introduced by Republican Senator Keith Perry of Gainesville (SB 1658) died in the Senate Banking and
Insurance Committee again this year due to pressure from some Senators. If passed, the bill would have
amended the provisions governing workers’ compensation insurance for employee leasing companies by clarifying and adjusting obligations and definitions to ensure coverage compliance. Specifically, the bill would authorize insurer audits on employee leasing and client companies and mandates providing workers’ compensation coverage to all employees of the client company under certain conditions. Moreover, the bill would have specified that a client company’s failure to report a leased employee’s hiring cannot be used to deny workers’ compensation benefits or prevent additional premium charges.
However, there was some movement on the employee leasing company issue this year. Another piece of legislation, HB 1335 by Republican Rep. Randy Maggard of Zephyrhills, allows the Department of Business and Professional Regulation (DBPR) to have greater oversight of employee leasing companies. Further, the bill allows DBPR to act in the capacity of the Board of Employee Leasing Companies if the board is unable to act upon its own authority.
A consumer protection proposal (HB 939 by Republican Rep. Griff Griffitts of Panama City) championed by Florida Chief Financial Officer Jimmy Patronis passed the Legislature after ping-ponging between the chambers late in Session. While the back-and-forth was for other reasons, the bill creates a right for a residential property owner to cancel a contract to replace or repair a roof without penalty or obligation within 10 days following the execution of the contract or the official start date, whichever comes first, if the contract was entered into based on events that are the subject of a declaration of a state of emergency by the Governor. Under the right, the residential property owner must send the notice of cancellation to the contractor by certified mail, return receipt requested or by another form of mailing that provides proof thereof, to the address specified in the contract.
The cancellation standard was heavily negotiated by FRSA. In final form, it reads:
“A residential property owner may cancel a
contract to replace or repair a roof without
penalty or obligation within 10 days after the
execution of the contract or by the official
start date, whichever comes first, if the
contract was entered into based on events
that are subject of a declaration of a state of
emergency by the Governor. For the purposes
of this subsection, the official start date
is the date on which work that includes the
installation of materials that will be included in
the final work on the roof commences, a final
permit has been issued, or a temporary repair
to the roof covering or roof has been made in
compliance with the Florida Building Code.”
The bill requires a notice to be included in the contract signed by the homeowner for repair or replacement work during a state of emergency. The required language is as follows:
“You, the residential property owner, may
cancel this contract without penalty or obligation
within 10 days after the execution of the
contract or by the official start date, whichever
comes first, because this contract was
entered into during a state of emergency by
the Governor. The official start date is the date
on which work that includes the installation
of materials that will be included in the final
work on the roof commences, a final permit
has been issued, or a temporary repair to the
roof covering or roof system has been made in
compliance with the Florida Building Code.”
Tarping does not qualify as the official start date. For more information on what is required, please view Mike Silvers’ article in the September issue of FRM or available on FRSA’s website, www.floridaroof.com.
The Legislature nearly unanimously approved a bill that would allow 16- and 17-year-olds to work on some
construction sites. Under the bill, HB 917 by Rep. John Snyder (R-Palm City), a 16- or 17-year-old can work on a residential construction site with scaffolding or roofing that is less than six feet high if he or she have been certified by the Occupational Safety and Health Administration and is under direct supervision of someone at least 21 years old with at least two years of experience. Opposition to the bill was vocal from a small group of legislators, centered on concerns about the safety of young workers.
A bill (HB 1185 by Panama City Republican Griff Griffitts) that worked its way through the legislative process ultimately died in committee but was amended onto HB 267 Building Regulations by Ft. Myers Republican Tiffany Esposito before its final passage near the end of Session. Among other changes, the bill creates a new section of law to provide thermal efficiency standards for unvented attics and unvented enclosed rafter assemblies. The Florida Building Com-mission must review these provisions and consider any technical changes to it and report such findings to the Legislature by December 31, 2024.
A proposal (HB 623 by Republican Kevin Steele) dealing with warranty agreements for new homes passed the Legislature and was sent to the Governor’s desk on April 2. The bill defines newly constructed homes and requires a one-year warranty against construction defects from either the date of title conveyance or initial occupancy. It obligates the warranty to cover defects resulting in material violations of the Florida Building Code, excluding certain circumstances like normal wear and tear or damage from natural disasters and allows builders to purchase warranty coverage from home warranty associations instead of directly providing the statutory warranty. Moreover, the bill requires the warranty to cover the newly constructed home for a minimum one-year period, even if the home is sold or transferred. An express written warranty provided by the builder to the initial homeowner may satisfy the statutory warranty requirement under certain conditions.
In direct response to the $2 million fraud scheme perpetrated by one of Florida’s biggest HOAs in the greater Miami area, the Legislature unanimously passed HB 1203 by Ft. Myers Republican Tiffany Esposito. The bill enacts a series of significant reforms intended to crack down on HOA abuse. Specifically, the bill provides criminal penalties if an HOA officer, director or manager accepts a kickback and it makes certain voting activities relating to HOA elections a first-degree misdemeanor. The bill prohibits an HOA or its architectural, construction improvement or other similar committee (ARC) from limiting or placing requirements on the interior of a structure that cannot be viewed from the frontage of the property, adjacent property, the adjacent common area or community golf course. The bill further prohibits an HOA or ARC from requiring the review and approval of plans and specifications for a central air-conditioning, refrigeration, heating or ventilating system by the HOA or any ARC or other such similar committee of an HOA, if such system is not visible from the property’s frontage, adjacent property, adjacent common area or a community golf course and is substantially similar to a system that is approved or recommended by the HOA or a committee. Notably, FRSA negotiated to
keep language in the bill neutral as it relates to roofing systems.
The Florida Legislature unanimously approved a proposal (SB 1142 by Clearwater Republican Ed Hooper) that amends Florida law relating to the registration of specialty contractors to authorize registered contractors in good standing who have been registered with a local jurisdiction during calendar years 2021, 2022 or 2023 to qualify for a state specialty registration when the local jurisdiction has determined not to continue issuing local licenses or exercising disciplinary oversight over such licensees. The bill requires the Construction Industry Licensing Board to issue licenses to eligible applicants in the circumstances specified in the bill. To be eligible, an applicant must provide: (1) evidence of the prior local registration during 2021, 2022 or 2023; (2) evidence that the local jurisdiction does not have a license type available for the category of work for which the applicant was issued a certificate of registration or local license during 2021, 2022 or 2023, which may include a notification on the website of the local jurisdiction or an email or letter from the local building department; (3) the required application fee; and (4) compliance with the insurance and financial responsibility requirements for contractors under current law.
■ Removed prevailing party attorney fee language for determinations under the Florida Building Code (HB 481; SB 612)
■ Continued efforts to ensure fair competition for public works projects and to prevent discrimination in public bid processes of Florida-licensed contractors based upon geography or other factors (HB 705; SB 742)
■ Continued Florida’s Tool Time Sales Tax Holiday for skilled workers and students, saving taxpayers approximately $20 million annually (HB 1001; SB 1030).
(all require 60 percent for passage)
Amendment 1: Partisan Election of School Board Members Sponsor – The Florida Legislature/House
(H.J.R. 31). Department of State Summary: Proposing amendments to the State Constitution to require members of a district school board to be elected in a partisan election rather than a nonpartisan election and to specify that the amendment only applies to elections held on or after the November 2026 general election. However, partisan primary elections may occur before the 2026 general election for purposes of nominating political party candidates to that office for placement on the 2026 general election ballot.
Amendment 2: Right to Fish and Hunt Sponsor – The Florida Legislature/House (H.J.R. 1157). Department of State Summary: Proposing an amendment to the State Constitution to preserve forever fishing and hunting, including by the use of traditional methods, as a public right and preferred means of responsibly managing and controlling fish and wildlife. Specifies that the amendment does not limit the authority granted to
the Fish and Wildlife Conservation Commission under Section of Article IV of the State Constitution.
Amendment 3: Adult Use of Personal Marijuana Sponsor – Citizen Initiative; Smart & Safe Florida
Department of State Summary: Allows adults 21 years or older to possess, purchase or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion or otherwise. Allows medical marijuana treatment centers and other state licensed entities, to acquire, cultivate, process, manufacture, sell and distribute such products and accessories. Applies to Florida law and does not change or immunize violations of federal law. Establishes possession limits for personal use. Allows consistent legislation. Defines terms. Provides effective date.
Amendment 4: Amendment to Limit Government Interference with Abortion Sponsor – Citizen
Initiative; Floridians Protecting Freedom, Inc. Department of State Summary: No law shall prohibit,
penalize, delay or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.
Amendment 5: Annual Adjustments to the Value of Certain Homestead Exemptions Sponsor – The
Florida Legislature/House (H.J.R. 7017). Department of State Summary: Proposing an amendment to the
State Constitution to require an annual adjustment for inflation to the value of current or future homestead
exemptions that apply solely to levies other than school district levies and for which every person who has legal or equitable title to real estate and maintains thereon the permanent residence of the owner or another person legally or naturally dependent upon the owner is eligible. This amendment takes effect January 1, 2025.
Amendment 6: Repeal of Public Campaign Financing Requirement Sponsor – The Florida Legislature/ Senate (S.J.R. 1114). Department of State Summary: Proposing the repeal of the provision in the State Constitution which requires public financing for campaigns of candidates for elective statewide office who agree to campaign spending limits.
Chris Dawson is an Attorney and professional Lobbyist for GrayRobinson’s Orlando office and is licensed to
practice law in both Florida and Alabama. He primarily focuses on lobbying and government relations for public and private sector clients at the executive and legislative levels of state government. Chris also holds two degrees in Civil Engineering and has experience in construction litigation and design professional malpractice
defense.
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