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FSPA Legislative Days
In March, 40 FSPA members from all over Florida participated
The FSPA group with Governor Crist
March 24 began with a presentation and discussion with Rep. Dave Murzin (R-2) followed by Rep. Ron Saunders (D-120), Minority Leader Designate; Rep. Anitere Flores (R-114); Rep. Mike Horner (R-79); and Speaker Designate Dean Cannon (R-35). Representatives from the Department of Health met with the group for open discussion, Senator Mike Bennett (R-21) joined the group for lunch and following lunch we gathered for a photo with Governor Charlie Crist. After observing the Senate Regulated Industries Committee Meeting and being publically recognized by the Committee Chairman Dennis Jones (R-13), members broke up by chapter to visit their area legislators.
The Broward Chapter members met with Rep. Evan Jenne (D-100), Rep. Jim Waldman (D-95), Rep. Kelly Skidmore (D-90), Rep. Martin Kiar (D-97) as well as Joshua Swartz, aide to Rep. Joe Abruzzo (D-85).
The Central Florida Chapter met with Rep. Chris Dorworth (R-34), Rep. Bryan Nelson (R-38), Rep. Scott Plakon (R-37) and Rep. Scott Randolph (D-36). They also met with aides for Senator Cary Baker (R-20), Senator Lee Constantine (R-22), Senator Andy Gardiner (R-9), and Senator Gary Siplin (D-19).
The East Central Florida Chapter met with Rep. Charles Van Zant (R-21) and Rep. Pat Patterson (R-26).
The Florida West Coast Chapter met with Rep. Jim Frishe (R-54), Rep. Bill Heller (D-52), Rep. Rachel Burgin (R-56), Rep. Peter Nehr (R-48), Senator Mike Fasano (R-11) and Senator Cary Baker (R-20).
The Manasota & Charlotte Harbor Chapter members met with Rep. Paige Kreegle (R-72), Rep. Ron Reagan (R-67), Rep. Ken Roberson (R-71) and Senator Mike Bennett (R-21).
The Northeast Florida Chapter met with Rep. Charles McBurney (R-16), Rep. Charles Van Zant (R-21) and Rep. Lake Ray (R-17).
The Northwest Chapter met with aides from Senator Durell Peadon (R-2) and Rep. Jimmy Patronis (R-6).
The North Central Florida Chapter members met with Rep. Marlene O'Toole (R-42) and Rep. Charles Chesnut (D-23) and spoke with aides for Senator Steve Oelrich (R-14), Senator Charles Dean (R-3), Rep. Leonard Bembry (D-10) and Rep. Debbie Boyd (D-11).
The Space Coast Chapter met with Rep. Ritch Worman (R-30), Rep. Steve Crisafulli (R-32), Rep. John Tobia (R-31) and with aides for Senator Mike Haridopolous (R-26), Rep. Debbie Mayfield (R-80) and Senator Thad Altman (R-24).
The Tampa Bay Chapter met with Rep. Rick Kriseman (D-53), Rep. Peter Nehr (R-48), Rep. Faye Culp (R-57), Rep. Rachel Burgin(R-56), Rep. Bill Heller (D-52) and Senator Mike Fasano (R-11).
The Treasure Coast Chapter met with Rep. William "Bill" Snyder (R-82). Thursday, DBPR Secretary Charlie Liem, along with Director of Professions Jerry Wilson and CILB Executive Director GW Harrell spoke to the Board about what the department has accomplished and its current initiatives. They took questions and listened to concerns from members regarding unlicensed activity and other pool/spa related topics.
The annual legislative days event is a great way to let legislators know who FSPA is, that we are watching what happens in Tallahassee, and we continue to be an active participant in the process. If you are interested in how you can get more involved please contact your local chapter or the FSPA for additional information.
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FSPA Member Runs for State Legislature
Larry Ahern running for House District 51
Larry Ahern, Larry Ahern Pool Remodeling Inc., is a member of the FSPA Florida West Coast Chapter and is running for House District 51. He was recently featured in the March 12 issue of Pool & Spa News and the article can be seen here. To learn more about Larry you can visit his Web site at www.LarryAhern.com . |
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Hometown Democracy - Vote NO on Amendment 4
Watch and share a video on what Amendment 4 would mean for Florida
No issue on the November 2010 ballot is more important to the construction industry than Amendment 4. This amendment to the Florida Constitution would require voter approval of development proposals that conflict with already-established local growth management plans. In this tough economy, the last thing Florida needs is an irresponsible amendment that will cost jobs, raise taxes and make it more expensive to live in our state. Share this message with your employees, business associates and friends - ask voters to vote NO on Amendment 4 in November.
View the video by clicking on this link www.florida2010.org/ |
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2010 Florida Building Code Cycle
FSPA code proposals submitted
By Jennifer Hatfield, FSPA Director of Government & Public Affairs
The deadline to submit code proposals is today, April 2. FSPA has made its submissions which you can view by going to www.floridabuilding.org , then clicking on the Proposed Code Modifications Box, followed by Find a Proposed Code Modification, and under Search Criteria putting in Jennifer Hatfield. A total of 12 code proposals should come up and by clicking on each one you can read the entire submitted proposal. A summary of what was submitted follows:
- 4 Proposals were submitted relating to the UL 2017 pool alarm standard. Two removed inconsistencies between the Florida Building Code and UL 2017 standard, and two referenced the updated revision of the UL 2017 alarm standard.
- 2 Proposals were submitted to clean up references to the ANSI/APSP standards and revised the ANSI/APSP-5 standard, which should be completed in time for the TAC hearings.
- 4 pool/spa energy related proposals were submitted; they revised the 2009 IECC language to include the Florida legislative pool/spa requirements, inserted the draft APSP-15 residential pool energy efficiency standard and the draft APSP-14 portable spa energy efficiency standard as compliance documents to meet the new legislative requirements, and made changes to the pool cover requirements currently in the code.
FSPA determined they would not be submitting any existing pool and spa code proposals to the Florida Building Commission (FBC) during this revision cycle; another task force will be established later in 2010 to consider this for the future. The next steps in the code cycle will be an open comment period that starts May 1 on any of the proposals submitted, followed by the review of submitted proposals and comments by the Technical Advisory Committees of the FBC beginning in August, with the Commission reviewing TAC recommendations in December.
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FSPA in the DBPR Newsletter
Secretary Liem's opening talks about how he met with FSPA and the importance of hiring licensed pool professionals. This is just another example of how our efforts are making a difference. See the newsletter by following this link.
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Governor Crist Appoints Four to the Construction Industry Licensing Board
March 29, 2010
Governor's Press Office (850) 488-5394
TALLAHASSEE - Governor Charlie Crist today announced the following reappointment and appointments: Construction Industry Licensing Board (Senate confirmation required)
- James Flaherty, 56, of Port Orange, construction division manager of Ferran Services & Construction Inc., reappointed for a term beginning March 29, 2010, and ending October 31, 2012.
- William "Brian" Cathey, 32, of Port Saint Joe, owner and president of Cathey Construction, succeeding Frank Bonuso, appointed for a term beginning March 29, 2010, and ending October 31, 2010.
- Scott Paul Greenberg, 49, of Davie, president of Temperature Systems Inc., succeeding Jacqueline Watts, appointed for a term beginning March 29, 2010, and ending October 31, 2012.
- Albert Korelishn, 72, of Pompano Beach, owner of Dixie Plumbing Service Inc., succeeding Raymond Holloway, appointed for a term beginning March 29, 2010, and ending October 31, 2013.
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| Building Safety
S.B. 648 by Bennett / H.B. 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;
- 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: On March 23, SB 648 was supposed to be heard in S. Community Affairs, but time ran out before it could be heard; SB 648 is now on the agenda for April 7. HB 663 passed House General Government Policy Council on March 25 by a vote of 12-1, with Rep. Taylor casting the dissenting vote. FSPA amended HB 663 to specify "filtration" pool pumps and pool motors. HB 663 was also amended to prohibit resort rentals from having to install sprinkler systems. |
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| Fire Sprinklers - Residential Facilities
H.B. 7095 (formerly GAP 10-22) by H. Governmental Accountability Policy Committee and Rep. Schenck / S.B. 846 by Sen. Bennett
By Kari Hebrank, FSPA Lobbyist
HB 7095 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: HB 7095 is awaiting action in the H. Economic Development & Community Affairs Committee. SB 846 unanimously passed S. Regulated Industries on March 24 and will be heard in S. Community Affairs on April 7. HB 663 was also amended to prohibit resort rentals from having to install sprinkler systems |
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Lien Law H.B. 693 by Plakon / S.B. 1043 by Baker
By Kari Hebrank, FSPA Lobbyist
These bills purport to streamline the lien law notification process on residential construction projects to better inform consumers of their obligations to protect their lien rights while ensuring that payment bond information is recorded and available to the general public. The bills are currently being "massaged" to satisfy concerns expressed by both material suppliers and contractors. Specifically, the bills:
- Allow permitting officials to reject notices of commencement (NOC) that are incomplete and/or illegible in order to reduce the number of NOC's filed improperly by parties other than the owner which can negatively impact the owner and other parties to a construction project.
- Raise thresholds for small projects that do not require notices of commencement, thus streamlining the process for owners, contractors and permit authorities when projects are small one-day projects or repairs that fall under these thresholds.
- Revise service provisions to be up-to-date with current USPS methods of mailing oversees, and allow lienors to complete incomplete address information in order to insure owners receive notices that are served.
- Require complete project information on all demands for information so that lienors, owners and contractors can respond to requests in a timely manner.
- Creates a statutory "General Statement of Owner's Rights and Responsibilities" that explains in plain language four steps owners should take to protect themselves from payment problems during the construction process. This information must be delivered to the owner and receipt acknowledged before a building permit can be applied for. This insures that owners actually receive the information and that they receive it before they commence a construction project.
STATUS: SB 1048 passed S. Judiciary on March 26 by a vote of 8-0 and moves to General Government Appropriations. The House companion has not yet been heard in committee which means this issue could be dead. |
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Automatic Service Renewal S.B. 1332 by Justice / H.B. 751 by McBurney
By Kari Hebrank, FSPA Lobbyist
Once again, legislation has been filed to address the automatic renewal of service contracts, an issue FSPA has successfully defeated the past two years. The bills require clear and conspicuous disclosure of automatic renewal provisions in service contracts if the provision renews the contract for longer than one month and if the provision extends the contract beyond 6 months from the date of the initial contract.
STATUS: SB 1332 is awaiting action in S. Banking & Insurance. HB 751 passed H. Civil Justice & Courts on March 22 by a vote of 8-0, passed H. General Government Policy Council on March 25 by a vote of 13-0 and is now on Second Reading on the House Calendar.
CALL TO ACTION: FSPA members should contact their local legislators and express concerns with H.B. 751.
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Renewable Energy / Wind-Resistance H.B. 7179 (formerly EUP 10-03) by H. Energy & Utilities Policy Committee / S.B. 2322 by Sen. Bennett
By Kari Hebrank, FSPA Lobbyist
These bills, referred to as "PACE" --which stands for Property Assessment Clean Energy--authorize local governments to finance renewable energy property improvements with non-ad valorem tax assessments and create energy improvement districts funded by non-ad valorem tax assessments or bonds. Local governments are authorized through local ordinance or resolution to create a program to provide up-front financing for energy conservation and efficiency, renewable energy, or wind-resistance improvements. A property owner may apply to the local government for funding to finance the improvements and voluntarily enter into a financial agreement with the local government. The qualifying improvement must be affixed to an existing building or facility that is part of the property and if the work requires a license, it must be performed by a properly licensed or certified contractor.
STATUS: HB 7179 is awaiting action in the H. Finance & Tax Council. SB 2322 passed S. Communications, Energy & Public Utilities Committee on March 23 and will be heard in S. Finance & Tax on April 6.
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Design Professionals - Liability S.B. 1964 by Negron / H.B. 701 by Precourt
By Kari Hebrank, FSPA Lobbyist
These bills provide that malpractice or negligence for which licensed engineers, architects, surveyors and mappers, interior designers and landscape architects must cause personal injury or damage to property other than property that is subject to professional services. FSPA is concerned that these proposals shift the liability burden from the design professionals to the contractors on construction projects. FSPA is working with the Construction Coalition and the bill sponsors to arrive at a compromise solution that is workable for all parties.
STATUS: SB 1964 passed S. Regulated Industries on March 24 and travels to S. Judiciary on April 7. The companion, HB 701 passed H. Civil Justice & Courts Policy Committee and H. Insurance, Business & Financial Affairs Committee and is awaiting action in Criminal Justice & Courts Policy Council. FSPA continues to work with the Construction Coalition to amend this legislation to lessen the potential impact. |
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Economic Development - Jobs Bill S.B. 1752 by Gaetz / H.B. 1509 by Weatherford
By Kari Hebrank, FSPA Lobbyist
This legislation is aimed at creating jobs for Floridians. Specifically, the bills amend several business tax exemptions, tax credits, the Qualified Target Industry incentive program and several other economic development statutes in order to stimulate the state's economy. They provide tax credits for employers who hire unemployed Floridians; a matching grant program for new research and development companies to draw down federal funds to assist with commercializing their discoveries; and, reduce regulatory impediments on businesses seeking permits or extensions of development orders, including extending building permits for another year.
STATUS: SB 1752 passed the Senate on March 25 and is now in H. Messages. HB 1509 is now in H. Finance & Tax Council.
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Solid Waste Recycling PCS / S.B. 570 by Constantine
By Jacob Farmer, Intern for 4th Floor Advocacy
This lengthy bill proposes numerous solutions to put Florida on par with other states when it comes to recycling efficiency by increasing commercial recycling and recycling of construction and demolition debris. The bill requires all cities, county, state entities, public schools and businesses that employ more than 25 people, to report to their county their recycling rates on all recyclable materials. It also directs the Department of Environmental Protection (DEP) and Enterprise Florida, Inc. to create the RecyclingBusinessAssistanceCenter to coordinate between state agencies and the private sector to develop new markets for recyclable materials. Benchmarks have been placed to incrementally increase each county's recycling rate to 75% by Dec. 31, 2020. Incentives will be given to those businesses that comply with the bill, including preference when pursuing state contracts. However, should recycling rates not be reported, no preference will be granted. Local governments may enact ordinances to require multi-family dwellings and apartment complexes to establish programs for the separation of recyclable materials. Liners and leachate collection systems will be required for landfills that accept construction and demolition materials and are constructed after July, 2010. Also, all construction and demolition debris must be processed prior to disposal. STATUS: SB 570 is in S. Community Affairs. HB 1559 was temporarily postponed in the H. Agriculture & Natural Resources Policy Committee on March 25.
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Florida Swimming Pool Association
2555 Porter Lake Drive
Sarasota, Florida 34240
941-952-9293 |
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