House Bill 1047 regarding Construction Materials Mining Activities by Rep. Avila passed the legislature this year. The bill creates a monitoring and reporting pilot program for the use of explosives (pilot program) within the division to monitor and report each blast resulting from the use of explosives for construction materials mining activities in Miami-Dade County. The bill requires the State Fire Marshal to hire or contract with seismologists to monitor and report each blast and provides restrictions on who may be hired. The bill requires a person or entity that engages in construction materials mining activities to provide written notice to the State Fire Marshal of the use of an explosive for such activities in Miami-Dade County before the detonation of the explosive.
One of the most significant bills that died was the Build Strong bill, SB 710. The bill, sponsored by Sen. Albritton, died in the Community Affairs committee. If enacted, the bill would have changed the Florida Building Code to require that the entire envelope of certain buildings being constructed or rebuilt be impact resistant and constructed with high wind- resistant construction materials; require that all parts or systems of a building or structure envelope meet impact test criteria or be protected with an external protection device that meets such criteria.
SB 868, regarding Construction Lien Law, died in the Innovation, Industry, and Technology Committee. If passed, the bill would have required that a copy of a notice of nonpayment be served on the surety; provided that certain waivers apply to certain contracts; authorized a lienor to record one claim of lien for multiple direct contracts; provided that the interest of a lessor is not subject to liens for certain improvements made by certain lessees who are mobile home owners; and specified the way documents relating to certain construction bonds must be served.
Another bill concerning Construction Lien Law, SB 1422 sponsored by Sen. Flores, died in the Judiciary Committee. The bill sought to revise the notice to owner in certain direct contracts; delete a provision establishing the right of certain persons who are not in privity with an owner to have a lien on certain real property; delete provisions authorizing an owner and a contractor to agree upon the contractor furnishing a payment bond; and revise provisions relating to payments due under a direct contract.
TRACKED BILLS THAT PASSED:
HB 0101 Public Construction by Andrade
Public Construction: Revises amounts of retainage that local governmental entities & contractors may withhold from progress payments for construction services contract; revises requirements for DMS rules governing certain contracts; revises amounts of retainage that public entities & contractors may withhold from progress payments for construction services contract.
Effective Date: October 1, 2020
Actions: 03/03/2020 HOUSE Enrolled Text (ER) Filed
SB 0178 Public Financing of Construction Projects by Rodriguez (J)
Public Financing of Construction Projects; Prohibiting state-financed constructors from commencing construction of certain structures in coastal areas after a specified date without first taking certain steps regarding a sea level impact projection study; requiring the Department of Environmental Protection to develop by rule a standard for such studies; providing that such rule operates prospectively on projects that have not yet commenced as of the finalization of the rule, etc.
Effective Date: Except as otherwise expressly provided in this act, this act shall take effect July 1, 2020
Actions: 03/11/2020 SENATE Enrolled Text (ER) Filed
HB 1047 Construction Materials Mining Activities by Avila
Construction Materials Mining Activities: Creates monitoring & reporting pilot program for use of explosives for construction materials mining activities in Miami-Dade County within Division of State Fire Marshal; requires marshal to hire or contract for such monitoring & reporting, post reports, & adopt rules; requires persons who use such explosives to submit certain written notice to State Fire Marshal; provides appropriation.
Effective Date: October 1, 2020
Actions: 03/07/2020 HOUSE Enrolled Text (ER) Filed
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HMR1 Recovery Care Center Fees by Health Market Reform Subcommittee PCB HMR 20-01 – Recovery Care Center Fees
Actions: 01/16/2020 HOUSE Committee Bill Text Filed as H 7021
TRACKED BILLS THAT FAILED:
HB 0003 Preemption of Local Occupational Licensing by Grant (M)
Preemption of Local Occupational Licensing: Preempts licensing of occupations to state; prohibits local governments from imposing or modifying certain licensing requirements; specifies certain local licensing may not be enforced; specifies certain specialty contractors are not required to register with Construction Industry Licensing Board; prohibits local governments from requiring certain specialty contractors to obtain license; specifies job scopes for which local government may not require license; authorizes counties & municipalities to issue journeyman licenses.
Effective Date: July 1, 2020
Actions: 03/14/2020 SENATE Indefinitely postponed and withdrawn from consideration
HB 0283 Liens and Bonds by Toledo
Liens and Bonds: Requires copy of notice of nonpayment be served on surety; prohibits person from requiring claimant or lienor to furnish waiver in exchange for or to induce payments; provides specified provisions in waivers or releases are unenforceable; revises process for notarizing forms; provides waivers apply to certain contracts; authorizes, lienor to record one claim of lien for multiple direct contracts; revises requirements for notice of commencement & notice of termination; requires service of documents to be made in specified manner; authorizes attorney fees in certain actions.
Effective Date: July 1, 2020
Actions: 03/14/2020 SENATE Indefinitely postponed and withdrawn from consideration
HB 0395 Transportation by Andrade
Transportation: Revises & provides requirements relating to organization & responsibilities of DOT; rail enterprise & high-speed rail system; transportation funding; insurance & liability; motor vehicle & vessel operation; airport zoning regulations & contractors; utilities within rights-of-way; emergency response staging areas; M.P.O. projects; economic development transportation projects; & Jacksonville Transportation Authority leases; requires reports to Governor & Legislature.
Effective Date: July 1, 2020
Actions: 03/14/2020 SENATE Indefinitely postponed and withdrawn from consideration
SB 0418 Workforce Education by Diaz
Workforce Education; Revising the workforce education programs that school district career centers are authorized to conduct, etc.
Effective Date: 7/1/2020
Actions: 03/14/2020 SENATE Indefinitely postponed and withdrawn from consideration
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SB 0474 Deregulation of Professions and Occupations by Albritton
Deregulation of Professions and Occupations; Citing this act as the “Occupational Freedom and Opportunity Act”; requiring the Department of Highway Safety and Motor Vehicles to waive the requirement to pass the Commercial Driver License Skills Tests for certain servicemembers and veterans; deleting the requirement that a yacht broker maintain a separate license for each branch office; specifying that the failure to repay certain student loans is not considered a failure to perform a statutory or legal obligation for which certain disciplinary action can be taken; revising licensure requirements for engineers who hold specified licenses in another state, etc.
Effective Date: Except as otherwise expressly provided in this act, this act shall take effect July 1, 2020
Actions: 03/12/2020 SENATE Read Second Time; Substituted for HB 1193; Laid on Table, Refer to HB 1193
HB 0513 Heat Illness Prevention by Smith (C)
Heat Illness Prevention: Requires certain employers to provide drinking water, shade, & annual training to employees & supervisors; requires DACS & DOH to adopt specified rules. Effective Date: October 1, 2020
Actions: 03/14/2020 HOUSE Indefinitely postponed and withdrawn from consideration
HB 0579 Public Financing of Construction Projects by Aloupis
Public Financing of Construction Projects: Requires sea level impact projection study of state- financed coastal structures before construction begins; requires DEP to develop study standards, publish studies on its website, enforce requirements, & adopt rules.
Effective Date: July 1, 2020
Actions: 03/10/2020 HOUSE Laid on Table
HB 0683 Use of Industrial Hemp for Construction by Fernández
Use of Industrial Hemp for Construction: Directs DACS to conduct comprehensive study on use of industrial hemp to build structures & submit report to Governor & Legislature.
Effective Date: July 1, 2020
Actions: 03/14/2020 HOUSE Indefinitely postponed and withdrawn from consideration
SB 0710 Florida Building Code by Albritton
Florida Building Code; Requiring that the Florida Building Code require that the entire envelope of certain buildings being constructed or rebuilt be impact resistant and constructed with high wind-resistant construction materials; requiring that all parts or systems of a building or structure envelope meet impact test criteria or be protected with an external protection device that meets such criteria; providing exceptions, etc.
Effective Date: 10/1/2020
Actions: 03/14/2020 SENATE Indefinitely postponed and withdrawn from consideration
SB 0868 Liens and Bonds by Albritton
Liens and Bonds; Requiring that a copy of a notice of nonpayment be served on the surety; providing that certain waivers apply to certain contracts; authorizing a lienor to record one claim of lien for multiple direct contracts; providing that the interest of a lessor is not subject to liens for certain improvements made by certain lessees who are mobile home owners; specifying the manner in which documents relating to certain construction bonds must be served, etc. Effective Date: 7/1/2020
Actions: 03/14/2020 SENATE Indefinitely postponed and withdrawn from consideration
SB 0882 Heat Illness Prevention by Torres, Jr.
Heat Illness Prevention; Providing responsibilities of certain employers and employees; requiring certain employers to provide annual training for employees and supervisors; requiring the Department of Agriculture and Consumer Services, in conjunction with the Department of Health, to adopt specified rules, etc.
Effective Date: 10/1/2020
Actions: 03/14/2020 SENATE Indefinitely postponed and withdrawn from consideration
HB 0897 Construction Liens by Rodriguez (Ant)
Construction Liens: Revises provisions related to construction lien law to prohibit persons not in privity with owner from being lienors & to remove payment bonds; revises requirements for final payment affidavits, priority of liens, notice of commencement, & claim of lien; removes provisions relating to payment bonds, waivers of right to claim against payment bonds, & conditional payment bonds.
Effective Date: July 1, 2020
Actions: 03/14/2020 HOUSE Indefinitely postponed and withdrawn from consideration
HB 0913 Florida Climate and Resiliency Research Program by Diamond
Florida Climate and Resiliency Research Program: Establishes program within DEP; provides for program purpose & participants; requires program to submit Florida Resiliency Plan to Governor & Legislature at specified intervals; provides plan requirements; directs DEP to coordinate & oversee program & provide staff support.
Effective Date: July 1, 2020
Actions: 03/14/2020 HOUSE Indefinitely postponed and withdrawn from consideration
HB 1073 Statewide Office of Resiliency by Stevenson
Statewide Office of Resiliency: Establishes office within EOG; provides for appointment of Chief Resilience Officer by Governor; creates Statewide Sea-Level Rise Task Force within office; requires DEP to serve as task force’s contract administrator; requires Environmental Regulation Commission to take certain action on task force’s recommendations; provides for task force repeal; provides appropriation.
Effective Date: July 1, 2020
Actions: 03/14/2020 HOUSE Indefinitely postponed and withdrawn from consideration
SB 1232 Florida Climate and Resiliency Research Program by Rouson
Florida Climate and Resiliency Research Program; Establishing the program within the Department of Environmental Protection; providing for program purpose and participants; requiring the program to submit the Florida Resiliency Plan to the Governor and Legislature at specified intervals; providing plan requirements; directing the department to coordinate and oversee the program and provide staff support, etc.
Effective Date: 7/1/2020
Actions: 03/14/2020 SENATE Indefinitely postponed and withdrawn from consideration
SB 1422 Construction Liens by Flores
Construction Liens; Revising the notice to owner in certain direct contracts; deleting a provision establishing the right of certain persons who are not in privity with an owner to have a lien on certain real property; deleting provisions authorizing an owner and a contractor to agree upon the contractor furnishing a payment bond; revising provisions relating to payments due under a direct contract, etc.
Effective Date: 7/1/2020
Actions: 03/14/2020 SENATE Indefinitely postponed and withdrawn from consideration
HB 1431 Construction Materials Mining Activities by Polo
Construction Materials Mining Activities: Provides requirements for blasting limits in areas with low depth to water table; requires that blasting reports be submitted to Chief Financial Officer & State Fire Marshal; requires division to make such reports publicly available on its webpage; provides report requirements; provides for civil actions to recover certain damages.
Effective Date: July 1, 2020
Actions: 03/14/2020 HOUSE Indefinitely postponed and withdrawn from consideration
SB 1560 Construction Materials Mining Activities by Braynon II
Construction Materials Mining Activities; Requiring that blasting reports be submitted to the Chief Financial Officer and the State Fire Marshal; requiring the Division of State Fire Marshal to make such reports publicly available on its webpage, etc.
Effective Date: 7/1/2020
Actions: 03/14/2020 SENATE Indefinitely postponed and withdrawn from consideration
SB 1618 Construction Materials Mining Activities by Diaz
Construction Materials Mining Activities; Creating a pilot program within the Division of State Fire Marshal to monitor and report on the use of explosives in construction materials mining activities in Miami-Dade County; requiring the State Fire Marshal to hire or contract with seismologists to monitor and report blasts occurring in connection with construction materials mining activities in Miami-Dade County and to post the reports of the seismologists on the division’s website; requiring a person who engages in construction materials mining activities in Miami-Dade County to submit certain written notice relating to the use of an explosive to the State Fire Marshal, etc.
Effective Date: 10/1/2020
Actions: 03/05/2020 SENATE Read Second Time; Substituted for HB 1047; Laid on Table, Refer to HB 1047
SB 7016 Statewide Office of Resiliency by Infrastructure and Security
Statewide Office of Resiliency; Establishing the office within the Executive Office of the Governor; creating the Statewide Sea-Level Rise Task Force within the office; authorizing the Department of Environmental Protection to contract for specified services, upon request of the task force; requiring the Environmental Regulation Commission to take certain action on the task force’s recommendations, etc.
APPROPRIATION: $500,000
Effective Date: 7/1/2020
Actions: 03/14/2020 HOUSE Indefinitely postponed and withdrawn from consideration
