Governor signs Unemployment Compensation Relief Bill which passes Legislature first day of session
By Kari Hebrank, FSPA Lobbyist
A top legislative priority for FSPA has been to find immediate relief from the huge increases in the unemployment compensation tax. Responding to our concerns, the House and Senate passed and Governor Crist signed legislation on the opening day of Session to provide relief for Florida's employers. HB 7033 by Rep. Murzin and Rep. Carroll (SB 1666 by Sen. Garcia) provides short-term relief from the increased unemployment compensation tax by:
- Reducing the taxable wage base from $7000 to $8500 for the next two years. In 2012, the wage base returns to $8500 for 3 years, reverting back to $7000 in the year 2015.
- Suspending the positive adjustment factor until 2012, regardless of the balance in the Unemployment Compensation Trust Fund, thus no rate increase will be triggered for the next two years. . On Jan. 1, 2012, the positive adjustment factor is triggered for a period of three years to replenish the fund, and on Jan. 1, 2015, it reverts to a four-year recoupment period.
- Authorizes quarterly tax payments for 2010 and 2011 without interest or penalties.
- Provides for payment of interest on federal advances through an employee assessment.
- Extends unemployment compensation benefits for an additional 8 weeks for eligible claimants; approximately 20,000 Floridians would be eligible to receive extended benefits.
For employers paying the Minimum Rate at the $7,000 wage base, unemployment compensation tax rates will rise from the current $8.40 to $25.30 per employee, whereas at the $8500 rate, the increase would have meant a cost of $100.30 per employee. The Maximum Rate at $7,000 wage base remains at the current $378 per employee. STATUS: On March 2, with overwhelming bi-partisan support, HB 7033 passed the House by a vote of 117-0 and was immediately certified to the Senate where the bill was substituted for SB 1666 and passed the Senate by a vote of 39-0. The bill was quickly signed by the presiding officers and presented to the Governor who signed the bill into law. Many thanks to Rep. Murzin, Rep. Carroll and Sen. Garcia as well as Senate President Atwater, Speaker Cretul and Governor Crist for supporting Florida's employers with swift passage and approval of HB 7033.
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CPSC adopts APSP language on unblockable drains
The U.S. Consumer Product Safety Commission approved a final Technical Guidance document on the implementation of the Virginia Graeme Baker Pool and Spa Safety Act, with a vote on March 1. The Technical Guidance includes the APSP-advocated interpretive rule on unblockable drains. The unblockable definition was based on the testimony from APSP's Carvin DiGiovanni and public comments submitted by APSP and supported by FSPA. This is a critical issue because the VGB states that public pools and spas that have properly designed multiple drains or an unblockable drain are not required to install additional devices or systems such as an SVRS or shut-off switch. As a result of the CPSC vote, drains with covers that meet this criteria will be recognized as unblockable, even if the sump or pipe size is considerably smaller. "This vote represents a significant victory for safety and the pool and spa industry," said DiGiovanni, APSP's senior director, technical and standards. "This will make more options - and more cost-effective options - available to manufacturers, builders, owners and operators, while ensuring that suction fittings or cover assemblies certified as unblockable are safe for use on a single outlet. "This decision, which adheres to the language in the ANSI/APSP-7 Entrapment Avoidance Standard and the ASME/ANSI A112.19.8 Standard for Suction Fittings, is another endorsement of APSP standards," added DiGiovanni. "It represents the viewpoints of many experts on the standards committees who wanted to raise the awareness that if you decide to install an unblockable drain that it requires a systems approach to doing it correctly rather than just swapping out to a VGB compliant cover. And on the other hand let's not forget that the VGB Act does allow for the option for pools to be built without drains." The approved CSPC Staff definition follows: "Unblockable Drain: A suction outlet defined as all components, including the sump and/or body, cover/grate, and hardware such that its perforated (open) area cannot be shadowed by the area of the 18 x 23 Body Blocking Element of ASME/ANSI A112.19.8 2007 and that the rated flow through the remaining open area cannot create a suction force in excess of the removal force values in Table 1 of that Standard. All suction outlet covers, manufactured or field-fabricated, shall be certified as meeting the applicable requirements of the ASME/ANSI A112.19.8 standard." The Commission also approved a rule interpreting what was considered a "public accommodations facility" for purposes of VGB. The approved CPSC Staff definition states that: Public accommodations facility means an inn, hotel, motel, or other place of lodging except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor. The Commission has yet to announce its decision on 1406 of VGB, which deals with grants to states. Follow these links to view the announcement from CPSC and statements made by the Commissioners. |
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FSPA Legislative Days are March 23 - 25
All members are welcome to participate
This year Legislative Days are being held in conjunction with the March Board of Directors meeting. All FSPA members are invited and encouraged to be a part of Legislative Days.
This is a great time to show Legislators the faces of the pool industry and inform them of the industry's concerns. Wednesday, March 24 will be dedicated to Legislative Days and participants will meet with Legislators at the Capitol.
A full schedule is available HERE.
Please contact the state office (800-548-6774) if you would like to be a part of this great event.
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SB 648 by Bennett / HB 663 by Aubuchon
By Kari Hebrank, FSPA Lobbyist
SB 648 by Sen. Bennett (R-Bradenton) and companion HB 663 by Rep. Aubuchon (R-Cape Coral) are intended to streamline building code and product approval functions, eliminate duplicative regulations, and bring "common sense" to various building safety regulations. Importantly for FSPA members, the bills include revisions to the energy efficiency requirements for swimming pool appliances. Specifically, the bills include FSPA's legislative initiatives to:
- Amend the temporary period that a pool pump motor's default circulation speed is allowed to be on high speed override from the current 120 minutes to a 24-hour standard;
- Clarify the energy efficiency provisions that apply to commercial and residential swimming pool heaters, and residential pool pumps and pool pump motors;
- Add "manufactured on or after July 1, 2011," rather than the current "sold after July 1, 2011" as to the effective date for the new efficiency standards.
Other highlights of the proposal are:
- Creates a streamlined product approval process, reducing the timeline from 4 months to 10 business days;
- Provides an expedited process for fire code interpretations;
- Provides for equivalency code standards to be incorporated expeditiously rather than delayed for the 3 -year code cycle;
- Provides that heat sensors and electronic sensor updates for existing elevators may not be enforced on elevators in condominiums until such time as the elevator is replaced;
- Allows for uniform lock box that contains the keys to all elevators in a building which allow public access in lieu of re-keying the elevators;
- Adds specific needs of public education and state facilities when agency rules must be updated to reflect federal requirements to acceptable criteria for "glitch" building code amendments;
- Grants rule authority for commission relative to establishing voting requirements, such as super majority, for commission actions;
- Provides for alternative plan review and inspection process for certain inspections;
- Allows for payment of fees for product approval to be made directly to the program administrator and specifies that fees paid by product manufacturers only fund product approval system;
- Adds the International Association of Plumbing & Mechanical Officials to the statutory list of approved evaluation services;
- Clarifies the carbon monoxide alarm requirements;
- Eliminates the 5-year inspection by engineers of condominium improvements;
- Authorizes the commission to charge a fee for accessibility waivers, non-binding interpretations and declaratory statements;
- Includes additional options for energy efficiency of buildings and swimming pool appliances;
- Includes provisions relating to the regulation of home inspectors, mold assessors and mold remediators;
- Specifies the Code does not apply to temporary housing for prisoners; and,
- Authorizes local governments to implement flood resistance regulations.
STATUS: SB 648 passed S. Regulated Industries on Feb. 2 by a vote of 7-0. The bill travels next to S. Banking & Insurance. On March 3, HB 663 was approved by the H. Insurance, Business & Financial Affairs Committee by a vote of 11-1, with Rep. Dwayne Taylor casting the dissenting vote. HB 663 moves to H. Military & Local Affairs next.
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Fire Sprinklers - Residential Facilities
GAP 10-22 by H. Governmental Accountability Policy Committee / SB 846 by Sen. Bennett
By Kari Hebrank, FSPA Lobbyist
Proposed committee bill GAP 10-22 and SB 846 would ban the Florida Building Commission from adopting code provisions mandating the installation of fire sprinklers in all one and two-family dwellings. Recently, the International Code Council adopted a fire sprinkler mandate for newly constructed homes as part of the International Residential Code (IRC), and since Florida uses the IRC as the base model code, the Florida Building Code would incorporate those same sprinkler mandates unless the Florida Building Commission by a required 75% majority of the 25- member body voted to overturn the code provision.
STATUS: GAP 10-22 was unanimously approved by the H. Governmental Accountability Policy Committee on March 3. SB 846 will be heard in S. Regulated Industries first.
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Florida Swimming Pool Association
2555 Porter Lake Drive
Sarasota, Florida 34240
941-952-9293 |
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