Ditchmen • NUCA of Florida Ditchmen - March 2020

NUCA LEGISLATIVE UPDATE 2020 ★ ★ ★ Bills that Failed to Pass Lien Law—HB 283 by Toledo/SB 868 by Albritton The bill was intended to simplify the construction payment process by standardizing the statutory lien and bond release language. Specifically, the final version of the bill sought to: ▪ Correct a “glitch” in legislation passed last year; ▪ Update notary acknowledgments on statutory forms to comply with the electronic notary legislation passed last year. ▪ Make updates to the Notice of Commencement form; ▪ Amend service provisions to address a recent appellate court decision and bring the statute into the 21 st century; ▪ Define construction management services for purposes of the lien law; ▪ Add language to clarify that mobile home park owners are not responsible for improvements contracted for by tenants of the park, and to clarify that leasehold improvements are real property for purposes of the lien law. ▪ Provide that a single claim of lien can be recorded for one improvement under a single direct contract or multiple direct contracts; ▪ Create an improved process for terminating a notice of commencement and recommencing, allowing construction to continue uninterrupted while still ensuring everyone gets paid. HB 283 passed all three of its committee references and the full House. SB 868 passed one of its three committee references. Direct Privity Lien Law—HB 897 by Rep. A. Rodriguez/SB 1422 by Sen. Flores This bill requires material suppliers, subcontractors and contractors to be in direct privity with the owner. We met with Rep. Rodriguez to explain our concerns. Thanks to lobbying efforts by NUCA of Florida members, neither bill received a hearing. Deregulation— Preemption of Local Licensing--HB 3 by Grant/SB 1336 by Perry HB 3 preempts the licensing of occupations to the state and supersedes any local government licensing of occupations. However, any licensing of occupations adopted prior to July 1, 2020, will continue to be effective until July 1, 2022, at which time it will expire. Any licensing of occupations authorized by general law is exempt from the preemption. HB 3 specifically prohibits local governments from requiring a license for a person whose job scope does not substantially correspond to that of a contractor or journeyman type licensed by the Construction Industry Licensing Board, within the Department of Business and Professional Regulation, and specifically precludes local governments from requiring a license for: painting, flooring, cabinetry, interior remodeling, driveway or tennis court installation, decorative stone, tile, marble, granite, or terrazzo installation, plastering, stuccoing, caulking, canvas awning installation, and ornamental iron installation. The bill also expressly authorizes local governments to issue journeyman licenses in the plumping, pipe fitting, mechanical and HVAC trades, as well as, the electrical and alarm system trades, which is the current practice by counties and municipalities. 24 DITCHMEN • MARCH 2020

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