In the midst of all the government action taken to combat COVID-19, it is easy to forget the major policy initiatives that dominated the 2020 regular session of the Florida Legislature. This year, a host of policy bills whirred around Tallahassee, ranging from deregulation of professions to construction defect reform. Let’s take a brief look back at some of the top bills FRSA tracked and do a government affairs edition of “Where are they now?”
HB 1193 was a top priority for the DeSantis administration heading into the 2020 regular session. Florida Department of Business and Professional Regulation (DBPR) Secretary Halsey Beshears and his team took the lead on this major reform bill aimed at cutting governmental red tape and streamlining processes for professional licensure. FRSA engaged with the Governor’s team, DBPR legislative affairs and the bill sponsors to make sure that industry licensure was protected in the bill, particularly requirements for competence in Florida codes and standards.
So where is it now? HB 1193 passed the legislature on March 12 and was signed into law by the Governor on June 30. The bill took effect on July 1.
Retainage reform returned to the legislature in 2020 following a very narrow miss during the 2019 session. HB 101 streamlines retainage on public construction projects in Florida to a flat 5 percent rate for the duration of the project life cycle. The bill sailed through the legislature, where it received unanimous support in every committee and during floor votes in the House and Senate. It passed on February 26.
So where is it now? Due to the disruption of COVID-19, HB 101 has yet to be transmitted from the legislature to the Governor for executive action. (With an effective date of October 1, 2020, the bill still has time and other bills with earlier effective dates have
been prioritized.) It is widely expected that Governor DeSantis will sign the bill.
For the last several years, the legislature has attempted to pass construction defect reform legislation – without success. This year’s iteration of that effort saw several bills filed, but it was HB 295 that made its way through the committee process. The bill took on many forms and was heavily amended during session, but it ultimately fell short before reaching the House floor. Companion efforts in the Senate failed to garner a committee hearing, likely due to the lack of clear direction on the effort and
sparring interests within the industry.
So where is it now? For 2020, the bill and related efforts are dead and the House sponsor, Rep. David Santiago, will not return to Tallahassee next year due to term limits. However, it is likely that we will see a construction defects reform effort percolate yet again in the coming months as we head towards the 2021 regular session. With the legislature eyeing potential tort reform in 2021, it is possible that some of the effort for construction defect reform may wind up in a larger legislative package next year.
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