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Monday, March 18, 2019

LEGISLATIVE UPDATE 3.18.19

Events and Meetings:

2019 Legislative Days
FSPA’s 2019 Legislative Days will be taking place at the State Capitol this week from March 20 to March 21.  FSPA members from around the state will be engaging with legislators and state agency officials about our legislative and regulatory priorities this year. We are looking forward to a successful two days, stay tuned for updates!

Florida Building Commission
The Florida Building Commission will be meeting this Friday March 22nd in Orlando to hear the proposed code modifications for the 2020 Building code update. FSPA staff will be at the FBC meeting representing you. Please look out for our update on the FBC Meeting next Monday.  

Legislation:

Professional Deregulation: SB 1640, HB 27

FSPA Position: OPPOSE

Summary: SB 1640 and HB 27 are omnibus professional deregulation bills covering licensure of professions from interior designers to contractors. FSPA is concerned with to provisions that deal with contractors licensing: 1) the bills would allow an applicant with a 4-year degree in Construction Management to apply for ANY Division I or II license without taking an exam. 2) The bills would allow for applicants holding out of state license for 10 or more years to apply for any Division I or II license without taking an exam.  Neither bill will alter the number of continuing education that is required for swimming pool contractors.

Status:  HB 27 is scheduled to be heard tomorrow March 19th at 11:30am in the Business & Professions Committee. SB 1640 has not been scheduled for hearing yet.

Manmade Lakes and Lagoons: SB 1614, HB 757

FSPA Position: OPPOSE

Summary: These bills are attempting to remove manmade lakes or lagoons with a surface area of 43,000 square feet or more from the definition of a public pool as defined in s. 514.011 F.S. and s. 515.25 F.S and would limit Department of Health regulation of these large swimming pools. FSPA is opposed to these bills due the potential for public health risks if these large swimming pools were to operate without Department of Health oversight.

Status: SB 1614 is being heard today, March 18th, in the Senate Health Policy Committee. HB 757 has not been set for committee hearing in the House.

Local Water Quality: SB 1758, HB1395

FSPA Position: OPPOSE

Summary: This set of bills aims to ensure ground water quality and mandates that local governments produce and implement a ground water quality plan.  If a County or City fails to implement a water quality plan, these bills would allow the State to suspend that jurisdictions authority to issue ANY building permits until the jurisdiction is in compliance. FSPA is opposed to these bills in their current form due to the heavy handed and arbitrary penalty that it imposes.

Status: SB 1758 is set to be heard in the Environment and Natural Resources Committee on March 20th. HB 1395 has not been set for any hearings yet.

Permit Fee Transparency: SB 142, HB 127       

FSPA Position: SUPPORT

Summary:  These bills would require governing bodies of counties and municipalities to post their permit and inspection fee schedules and building permit and inspection utilization reports on their websites; requiring certain governing bodies of local governments to create a building permit and inspection utilization report containing certain information and to post such report on their websites by a specified date, etc.

Status:  Both SB 142 and HB 127 have passed through their assigned committees and are being placed on the 2nd Reading Calendar in the Senate and House.

Impact Fees: SB 144, HB 207

FSPA Position: SUPPORT

Summary: These bills more clearly define how local governments must calculate and collect building impact fees. Changes the code to require rational nexus between the impact fees collected and the need to for increased infrastructure.

Status: HB 207 has passed through all assigned committees. SB 144 is pending hearing in the Tax and Finance Committee.

Residential Swimming Pool Safety: SB 724, HB 805

FSPA Position: OPPOSE

Summary: These bills would require two (2) safety features (i.e. fence and door alarms) to be installed on all new pool construction. The bills also mandate that currently complaint residential pools with one (1) safety feature would have to be fitted with an additional safety feature when the property is sold or transferred.  The bills would make failure to comply with the new standards a misdemeanor.  FSPA is concerned with retroactive provisions of this bill and the potential for criminal prosecution for non-compliance.

Status: HB 805 has not been scheduled for hearing since being assigned to committee. SB 724 has passed the Industry, Innovation, and Technology Committee and is scheduled to be heard in the Community Affairs Committee on Wednesday March 20th.