Florida Swimming Pool Association 
Springboard - Regulatory and Legislative Information 
Pool and Spa Regulatory & Legislative Information
Taking action to protect your industry
 
January 15, 2010
In This Issue
ALERT! Healthcare Legislation Targets Construction Industry
Support PIPAC Silent Auction
CILB Update
Upcoming FBC Meetings & the 2010 Code Cycle
Workers' Compensation Report Released
Kurt Kelly Running for Congress
Baxley Wants His House Seat Back
GOP Chairman Greer Resigns
Alert!
Federal Healthcare Legislation Unfairly Targets Only Construction Industry with Harmful Mandate
 
The latest healthcare bill to pass Congress kicked small business in the teeth to line the pockets of their union allies, Wall Street, trial attorneys and insurance companies. Despite the promises and rhetoric about helping small business, the needs of small employers was largely discarded and forgotten - but this back room deal to target small construction companies and contractors as a payoff to the unions is by far the worst part of Washington's healthcare reform plan.  This destructive new mandate was only made public now. It was slipped in under union pressures during late-night deal making by Oregon Senator Jeff Merkley and Majority Leader Harry Reid.  The narrowly-focused mandate is an unprecedented assault on the construction industry, and especially to the men and women who own and operate small construction firms.
 
Under the revised bill, construction companies are forced to provide expensive health coverage or pay penalties if they have more than five (5) employees and a payroll that exceeds $250,000.  All other industries have a firm size exemption of 50 employees or less. The construction industry is specifically targeted by having their exemption taken away. In an industry where the unemployment rate is exceeding 22%, and struggling to overcome historic job losses, this is NOT the reform our state's construction industry needs or can afford. In fact, from the latest Jan 8 job report: 53,000 of the 85,000 jobs lost in December were in construction.  If our construction industry continues to have high double digit unemployment, Florida's economy will suffer. Targeting the construction industry puts our entire economy at risk. And, make no mistake, if they do it to construction, they'll come after another industry next. 
 
The Florida Swimming Pool Association has joined with the National Federation of Independent Business/Florida (NFIB), Associated Builders and Contractors of Florida (ABC), the Independent Electrical Contractors (IEC) and others in an effort to call on Florida's Senators and Congressmen to strip this provision from healthcare reform. We are working to be sure Senator Nelson knows about this outrageous provision and how harmful this is to Florida's construction industry. This was a back room deal that will harm small businesses and we need our U.S. Senators to help us stop it.
 
Click on the links for a copy of the press release and the letter that the coalition is sending to the Florida Congressional Delegation.  Recent press conferences in Tallahassee, Tampa, and Orlando have also been held to highlight the need to remove this harmful provision from the bill. 
We Need Your Help - Support PIPAC Silent Auction
Donate items to be auctioned off! 
 
At the Orlando Pool & Spa Show we are holding a silent auction to support our Pool Industry Political Action Committee (PIPAC).  As many of you know, PIPAC is one of the Florida pool and spa industry's most important vehicles when it comes to making a difference in how legislative decisions affect our industry.  PIPAC provides us an opportunity to contribute to state and local campaigns, helping candidates that we think will be proponents for small business owners and the construction industry.
 
It will be imperative that the pool industry, through PIPAC, take an active part in the 2010 election cycle that is currently underway.  Not only is this a historic year where all cabinet positions will see newly elected officials (Governor, Attorney General, CFO, and Department of Ag), but all 120 house seats are up for re-election, as well as 20 of the 40 State Senate seats.  Further, 24 of those House seats and 9 of the Senate seats are being vacated by the incumbent due to term limits - this means there will be at least 33 new faces in the state legislature come November 2010.  These new faces need to know who we are and we need to support those we think will be effective legislators.  There are even some candidates running this year with direct ties to the pool industry!
 
In order for PIPAC to continue to be an active presence in the 2010 election cycle, we need your help!  We must continue to find ways to raise money for PIPAC and with your help we hope that this silent auction can be a success.  Please consider doing one or more of the following: 
  • Consider donating an item to the Silent Auction - sporting or concert event tickets, pool/spa products, sports memorabilia, golf/hunting/fishing equipment, weekend trips, wine/spa baskets, jewelry, artwork, NASCAR items, restaurant gift cards
  • Pass this email on to your chapter and anyone you know that would consider donating an item to the Silent Auction - they don't have to be a member of FSPA to donate.
  • Make a monetary contribution to PIPAC - make checks payable to PIPAC.
 
Those interested in donating items please let us know as soon as possible.  You can send these items directly to the FSPA office.
CILB Update
Declaratory statement response, CILB newsletter, CILB meeting 
 
As reported in November, the Construction Industry Licensing Board responded to a declaratory statement request asking for clarification on a service contractor's scope of work.  The official response has now been made available and can be viewed here.  
  
The most recent issue of the CILB newsletter has been published!  View it online at www.myfloridalicense.com/dbpr/os/CILB_News.html.
 
The CILB met this week in Cocoa Beach, the next meeting will be held February 10-12 in Tampa at the Crowne Plaza Tampa Westshore, 5305 West Kennedy Boulevard.
Upcoming FBC Meetings & the 2010 Code Cycle
The Florida Building Commission will be holding various meetings in the coming weeks for those interested in participating 
 
A Teleconference will be held January 26, 2010 at 11:00 A.M.  This meeting will be held concurrently with the Fire TAC and Special Occupancy Technical Advisory Committee.  The main objectives for this teleconference are to review and make recommendations to the Commission regarding Declaratory Statement DCA09-DEC-419 and Amendment 1 submitted by Robert Deatherage, Osceola County Building Official and Kenneth Gregory of Holland Pools along with other business on behalf of the Commission.  The agenda, along with the supporting documentation, is available at: http://www.floridabuilding.org  For those interested in listening, the number to dial for this teleconference is:  (888) 808-6959.  Code # 1967168.
 
The FBC and relevant committees will meet February 1, 2, and 3 at the Embassy Suites Hotel, 3705 Spectrum Blvd., Tampa, Florida 33612. The Swimming Pool Efficiency Subcommittee to the Energy Code Workgroup will meet at 10:00am Monday, February 1, followed by the full Energy Code Workgroup meeting at 8:00am Wednesday, February 3.  These meetings will include recommendations for pool efficiency language for the 2010 code.  FSPA is working with the Association of Pool & Spa Professionals to provide the FBC with Model Energy Code language.  Tuesday, February 2, the Commission Plenary Session will be held beginning at 8:30am - the agenda includes determination of the declaratory statement petition being discussed via teleconference January 26.
 
All code proposals for the 2010 Florida Building Code must be submitted no later than April 2, 2010.  The Builders and Service Councils have put together a Task Force to work with Jennifer Hatfield on any pool/spa related proposals that FSPA will submit, this may include proposals for existing pools/spas.  If you have any suggestions or would like to be a part of this Task Force please contact Jennifer Hatfield at Jennifer@floridapoolpro.com  The Task Force will be meeting at the Orlando Show and proposals will be finalized no later than the March 23-25 FSPA Board meeting.  FSPA encourages members who have a code change for consideration to please submit these to Jennifer as soon as possible for the Task Force to review.
Workers' Compensation Report Released 
December 31, 2009 - Annual Report
 
On December 31, 2009, the Florida Office of Insurance Regulation (OIR) released to the Florida Legislature its 2009 Workers' Compensation Annual Report on the state of the workers' compensation insurance market in Florida as statutorily required to assist the OIR in the review of workers' compensation rate filings. The report analyzed the availability and affordability of coverage for workers' compensation insurance in Florida for the calendar year 2008 and concluded Florida's market is competitive.   Interestingly, the report shows there are 251 entities writing workers' compensation insurance in Florida -- 246 private insurers, four self-insurance funds, and the Florida Workers' Compensation Joint Underwriting Association (FWCJUA). The residual market, the FWCJUA, had 826 policies as of November 2009 with corresponding premiums of $5.7 million. Florida's overall workers' compensation premium, a total of $2.3 billion in 2008, ranks Florida fifth nationally. 

"The 2009 report clearly demonstrates that Florida's 2003 legislative reforms, combined with the Legislature's passage of House Bill 903 that restored caps on attorney's fees, have continued to lead to declines in workers' compensation rates and stability in the marketplace," said Insurance Commissioner Kevin McCarty. "This is especially important for Florida businesses given the current economic environment."
 
On Oct.26, 2009, Commissioner McCarty issued a final order approving the National Council on Compensation Insurance's (NCCI) amended rate filing for workers' compensation insurance rates to become effective Jan. 1. The 6.8 percent rate decrease marked the seventh annual consecutive drop in workers' compensation rates - a cumulative 63.2 percent decline since the Florida Legislature passed sweeping reforms in 2003.
 
Kurt Kelly Running for Congress 
State Rep. Kelly filed to run against US Rep Grayson 
 
State Rep. Kurt Kelly filed Tuesday, January 5 to run for Congress against U.S. Rep. Alan Grayson. "The people of Central Florida deserve a Congressman with a business background who knows that money spent by the federal government in Washington isn't play money, but rather hard-earned money taken out of each of our paychecks," Kelly, R-Ocala, said in a news release. "A Congressman must make policy decisions that help solve our economic problems, not aggravate them with more government spending." Kelly is the first candidate who has held elected office to emerge to challenge the controversial Democrat Grayson. Kelly will face several little-known Republicans in the primary: Bruce O'Donoghue, Michael Butler, Peg Dunmire, Armando Gutierrez, Todd Long, John Miller and Patricia Sullivan. Elected to the Florida House of Representatives in 2007, Kelly is president and CEO of a background screening company.
Baxley Wants His House Seat Back
Seeking re-election of House District 24 
 
Within 24 hours of Rep. Kurt Kelly's announcement that he will vacate his House seat to run for Congress, former House member Dennis Baxley (R-Ocala) announced he would seek re-election of House District 24.  Baxley served from 2000-2007 after which time the ultra-conservative took a job with the Christian Coalition; however, Baxley resigned from his post with the Coalition earlier last year to assist Marco Rubio in his run for U.S. Senate.  Baxley wishes to return to the House to help find solutions to Florida's struggling economy.  Baxley commented that the state should be immediately looking at ways to spur investment in new businesses.  "You start by reviewing current tax policies and see if there are any incentives," such as a moratorium on impact fees, he said.  A friend to the construction industry, Baxley owns several funeral homes and considers himself a small businessman. 
 
GOP Chairman Greer Resigns
Effective February 20 
 
After several months of fellow Republicans expressing dissatisfaction with GOP Chairman Jim Greer, Greer announced Tuesday that he would resign effective February 20, having served for three years.  "There has been a group - in my opinion, a small group - but a very vocal group seeking my resignation," Greer said Tuesday in a 20-minute conference call with county chairmen and state committee members. "If that failed, they were intent on burning the house down and destroying the Republican Party."

Greer said these dissidents were willing to distort facts, embarrass him and "made it very clear they will not stop." Saying he feared for the party's future if the bitter fight continued, the former Oviedo city councilman said he was resigning as party chief.  "I'm putting the future of the party first, as I always have done," he added.
To fulfill the remainder of Greer's term, former House Speaker and recently-elected senator, Sen. John Thrasher(R-Jacksonville) is being promoted by many high-ranking Republican officials to be interim chairman.  Senate President Jeff Atwater appointed Thrasher to the Republican Executive Committee late Monday to replace former senator Ken Pruitt, hence making Thrasher eligible to be elected chairman.  Not all within the party leadership are endorsing Thrasher, concerned that a "sitting" elected official should not serve as chairman.
 

Florida Swimming Pool Association
2555 Porter Lake Drive
Sarasota, Florida 34240
941-952-9293