Issue
Current and forthcoming labor shortages in the construction industry.
Proposal
Streamline processes for Apprenticeship Education providers to receive funding and academic acceptance.
Issue
Historically, the statute of limitations for construction defects with condominiums have not been triggered until the board of directors of a condominium association is elected by a majority of the unit owners (instead of the developer). However, recently, the statute of repose has been modified to also not be triggered until such election. This could leave an open-ended liability for ABC members.
Proposal
Correct the triggering mechanism to relate only to statute of limitations.
Issue
Florida’s statute of limitation for condominiums is tied to a board election, which is not required to be documented or recorded.
This lack of documentation could prevent contractors from utilizing statute of limitations defenses.
Proposal
Require that the unit owner’s election of the majority of the board is documented and recorded in public records.
Issue
Florida Statute 558.004 allows contractors to offer repairs but gives no absolute right to perform them, leading to lawsuits.
Proposal
Revise the statute to provide contractors the right to complete repairs, limiting financial exposure if the right is denied.
Note
Access, insurance and liability will need to be addressed via “commercially reasonable” standard.
Issue
Attempts to eliminate competitive solicitation in favor of hard-bid low-bid determining factors.
Proposal
Keep competitive selection and negotiation so qualified firms are awarded work at a competitive price.
Issue
Some AHJs do not accept multidimensional (3D) models despite recognition by the Board of Professional Engineers.
Proposal
Require AHJs to accept 3D drawings signed and sealed by a licensed professional to satisfy submittal requirements.
Issue
Some jurisdictions have an unreasonable timeline for permitting caused by lengthy processes.
Proposal
Require objective timelines for permitting and create incentives for AHJs to meet these timelines.
Note
A caveat may be required for bona-fide permit concerns or inaccurate information.
Issue
Local interpretations of fire codes lead to confusion, delays, and additional costs through scope gaps.
Proposal
Require Fire Marshalls to follow a uniform standard for the interpretation of fire requirements.
Note
An “Appeals” process may be required.
Issue
In 2021, a law was passed largely eliminating local contracting licenses in response to widespread inconsistency across counties and cities. Some municipalities have expanded local license scopes that go beyond the state’s definitions.
Proposal
Propose legislation clarifying local jurisdiction limits.
Issue
The $2,500 threshold for Notices of Commencement creates an unnecessary administrative burden for residential and small-scale commercial projects.
Proposal
Raise the threshold to match the HVAC exemption (≈ $15,000) and tie increases to the Consumer Price Index.
Issue
Some local jurisdictions attempt to create safety guidelines that exceed reasonable requirements and OSHA Standards.
Proposal
Require local ordinances to follow OSHA guidelines when OSHA has promulgated requirements in such subject matter.
Issue
The current complicated process of "ODP" leads to higher project costs and discourages participation from Tax-Exempt Owners and General Contractors.
Proposal
Allow tax-exempt entities to assign their tax-free purchasing privileges to the General Contractor for the duration of the project.
Issue
Private Providers cannot independently issue Temporary Certificates of Occupancy for phased construction, delaying turnover.
Proposal
Allow Private Providers to independently perform inspections and issue Temporary Certificates of Occupancy.
Issue
Florida engineers are not legally required by the DBPR or Florida Statutes to carry professional liability insurance. While not mandated by the state, it is often required by client contracts, commercial projects, or for business operations.
Proposal
Require licensed Florida engineers to carry professional liability insurance.
Issue
When a Developer works for a public entity, there is no bonding requirement, leaving contractors with no recourse or lien rights.
Proposal
Require any person/entity contracting with a public owner to satisfy the statutory bonding obligation.
Issue
Public properties are not subject to liens, leaving contractors exposed if obligations are subject to appropriated funding.
Proposal
Require Public Owners to prove dedicated funding prior to engaging contractors or issuing change orders.
Issue
Some Notices of Commencement are recorded prior to Bonds being procured, risking the "conditional" status of the bonds.
Proposal
Revise Florida Statute 713.13(1)(e) to clearly permit recording Bonds after the Notice of Commencement.
Issue
Unlicensed subcontractors, often lower-tier, perform specialized construction work with general liability insurance but without the required professional licenses, creating an unfair competitive disadvantage for licensed contractors.
Proposal
Mandate that commercial general liability insurers verify licensure through DBPR prior to binding or renewing coverage, and require all licensed contractors to verify the licensure of downstream subcontractors.
Issue
The Jessica Lunsford Act requires background searches for most contractors performing work on school property. FDLE offers a uniform system (Florida Shared School Results), but not all school districts recognize these results.
Proposal
Mandate acceptance of statewide background searches performed by the FDLE.
Issue
Florida taxes off-site pre-fabrication but not on-site, which discourages quality-controlled off-site work.
Proposal
Create a consistent tax system where both on-site and off-site pre-fabrication are taxed the same way.
Issue
Worker’s Compensation claims in a "Wrap" Insurance Programs (e.g. OCIP/CCIP) exclude contractors from managing claims, negatively impacting their Experience Modification Ratings.
Proposal
Adopt rules to insulate Worker’s Compensation ratings in "Wrap" programs from the Contractor's EMR.
Note
General Liability claims are already insulated in this manner.