The Florida Legislature will go into its annual sixty day session on Tuesday, March 5. This may be a more “normal” session as compared to the previous few years when budget issues dominated the sessions. As usual there are a number of bills filed that touch on the construction industry. The information we have is based on bills that have been filed. This does not mean that other issues won’t pop up as amendments to existing bills. Also while we have identified specific bill numbers, the bills discussed often have companion bills in the other chamber that deal with the same or similar issues.

The Florida Legislature will go into its annual sixty day session on Tuesday, March 5. This may be a more “normal” session as compared to the previous few years when budget issues dominated the sessions. As usual there are a number of bills filed that touch on the construction industry. The information we have is based on bills that have been filed. This does not mean that other issues won’t pop up as amendments to existing bills. Also while we have identified specific bill numbers, the bills discussed often have companion bills in the other chamber that deal with the same or similar issues.

The 2012 Florida Legislature was surprisingly active on construction related issues considering the twin problems of reapportionment and a budget shortfall. Highlights include the passage of the crane regulation bill after years of trying. For registered contractors the ability to ...

SB 1964

The Governor has vetoed SB 1964 which would have granted architects, landscape architects, interior designers, engineers and surveyors special protections from claims for malpractice which would not be available to other professions.

SB 7157

Our initial enthusiasm for HB 7157 relating to the sales tax exemption for materials used in public projects has been tempered by a closer review of the bill language. It had appeared that this bill would allow for the purchase of tax exempt materials by the contractors and subcontractors in place of the cumbersome owner purchase process now in place.  This is not correct. However, the good news is that where an owner direct purchase is used, the contractor is protected from a later claim by the Department of Revenue that the process did not meet the requirements for the tax exemption. If this is the case, the owner not the contractor will now be liable for the sales tax. To get this protection, it is important that a tax exemption certificate be obtained.

We are pleased to present our annual review of the legislation impacting the construction industry. It is not intended to be an exhaustive review of all of the changes brought about by these pieces of legislation, but to highlight what appears to us to be the significant changes. The full text of the bills can be found on our website.