Mike Silvers, CPRC, Silvers Systems Inc. and FRSA Director of Technical Services
Senate Bill 76, Now Florida Statute 489.147
As we prepared for this year’s Convention, we received word that a preliminary injunction had been granted dealing with specific language from SB 76. The injunction basically states: The Department of Business and Professional Regulation (DBPR) must take no steps to enforce Florida Statutes §§ 489.147, (2)(a), (3), and 4(b) as they pertain to “prohibited advertisements,” until otherwise ordered. The arguments against the new law were primarily based on freedom of speech concerns.
Those currently unenforceable sections of the statute state:
(2) A contractor may not directly or indirectly engage in any of the following practices: (a) Soliciting a residential property owner by means of prohibited advertisement. (3) A contractor who violates this section is subject disciplinary proceedings as set forth in s. 489.129. A contractor may receive up to a $10,000 fine for each violation of this section. (4) For the purpose of this section: (b) An unlicensed person who engages in an act prohibited by this section is guilty of unlicensed contracting and is subject to the penalties set forth in section 489.13(3), an unlicensed person who violates this section may be fined up to $10,000 for each violation.
(1) As used in this section, the term: (a) “Prohibited advertisement” means any written or electronic communication by a contractor that encourages, instructs, or induces a consumer to contact a contractor or public adjuster for the purpose of making an insurance claim for roof damage. The term includes, but is not limited to, door hangers, business cards, magnets, flyers, pamphlets, and e-mails. (b) “ Soliciting” means contacting: 1. In person; 2. By electronic means, including, but not limited to, e-mail, telephone, and any other real-time communication directed to a specific person; or 3. By delivery to a specific person.
As far as soliciting goes, the injunction basically places conditions back to where they were prior to SB 76 adoption. This issue of excessive roofing claims isn’t going away. If the injunction is not overturned, expect to see new legislative fixes on the horizon. These new proposals could be far more harmful to our industry than just having to refrain from offering insurance advice. Time will tell.
As I stated in my previous article titled “ SB 76 Misinformation Causes Roofing Contractors Anxiety” in the August edition of Florida Roofing, this article does not offer legal advice; rather, I am attempting to clarify the changes that the injunction has caused
and have provided some of the actual language in the injunction and the bill to help. Please seek legal advice when establishing your company’s specific policies.
Like many of you, I have been attending FRSA’s Convention and Expo’s since I was a young man. Safe to say, for me that was several years ago. Aside from my very early attendance when everything was new and exciting, I can’t recall when I have ever seen more new faces or sensed as much excitement. During the period when so many group functions were not being held, I had the opportunity to communicate with many contractors seeking code or other technical support. When COVID restrictions eased and the chance became available to attend Affiliate meetings and to present seminars in person again, I was thrilled. All these interactions allowed me to not only share information and answer those technical questions, it also allows me to sing the Association’s praises. That’s something I’ve been doing long before I became FRSA’s Technical Director. I saw many of these new (and now becoming more familiar) faces during the Convention, seminars and the Expo as well. Not to diverge too far, but keep in mind that I am available, as my schedule allows, to speak to your Affiliate or other industry group meetings about code and technical issues. And yes, while I’m there I will also tell everyone I can about the career building benefits of FRSA membership
and involvement.
We have received many positive comments about the slate of seminars that were presented at Convention. Developing these seminars, getting them approved, in some cases by several state agencies, preparing for and presenting them is not easy. We are very fortunate to have so many dedicated volunteers and staff members to help pull these seminars off. There were many technical courses offered. Hopefully, these seminars helped attendees grasp the multitude of new code requirements in addition to other interesting and required subjects. The attendance at the seminars was outstanding throughout the event. Our thanks to
all the 17 instructors who so graciously volunteered their valuable time to make it work so well. Our focus now shifts to – what’s next? When our 100th Annual Convention takes place next year, we will be in the middle of our three-year code cycle, so we do not plan on presenting as many code change seminars. If you have any seminar suggestions, please share them with Educational Foundation Director, John Hellein, (john@floridaroof.com) or with me. One seminar that we are considering would walk attendees through the Building Code Information System (BCIS), a website that has the entire Florida Building Codes and Florida Product approvals. Any feedback on this or other seminars is welcome.
We are already deep into the development of the 8th Edition (2023) Florida Building Code (FBC) with many meetings planned over the next several months. The Commission will have just completed its first “errata” cycle when this article is printed. This is similar to the old “glitch” cycle; both were meant to allow minor corrections to the current code between cycles. During the August 10 Building Commission meeting, the approval of two new appointments to the FBC Roofing Technical Advisory Committee (TAC) took
place. I am happy to inform you that Riku Ylipelkonen, ICP Building Solutions Group, in the manufacturing seat and Joe Williams, A/R/C Associates, in the architect seat, have been appointed to the TAC. Both received the full support of FRSA. They will be great
industry representatives that will add years of experience and well-founded reason to the group. Congratulations to both. Get ready to roll up your sleeves as there is lots of work to be done. FRSA’s Codes Committee and Codes Subcommittee will be
hard at work guiding us through this next code cycle.
We look forward to the work and the challenges that lay ahead. As we begin our 100th year, the Association will continue to represent and promote our industry well. The 2022 theme is “Celebrating 100 Years of FRSA and the American Roofer.”
Mike Silvers, CPRC is owner of Silvers Systems Inc. and is consulting with FRSA as Director of Technical Services. Mike is an FRSA Past President, Life Member and Campanella Award recipient and brings over 40 years of industry knowledge and experience to FRSA’s team.
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