Monday February 8, 2022
Today is the 29th day of the scheduled 60 Day Session
As of yesterday, 51 Bills have been passed by the Senate and 4 Bills have passed through the House
HB 751 would alter the way heavy equipment is taxed by local municipalities, reclassifying construction equipment available for short-term rental as inventory, which is exempt from an ad valorem tax.
Currently, such equipment is assessed as tangible property, which allows it to be taxed annually via the state’s ad valorem tax. Rep. Chuck Clemons said this legislation will fix the “glitch” presented by current law, with the government already seeing revenue from sales tax each time the item is rented or sold.
Clemons argues the way heavy equipment is currently taxed has led to shortages and delays in those items, which are crucial after natural disasters, because large companies move rental equipment out of state in order to avoid the annual ad valorem tax.
This past week the House and Senate signed off on their redistricting maps. The Senate voted unanimously Thursday to approve a plan (SJR 100) that sets new boundaries for the 40 Senate seats and 120 state House seats. As a joint resolution, it will go into effect without the involvement of the Governor, however it has been sent to the Supreme Court for their ruling on whether they are lawful. The House map passed currently places 19 incumbent representatives in the same districts as colleagues within the chamber. This includes Republican Rep. Daniel Perez and Democratic Rep. Fentrice Driskell. Either could become House Speaker in 2024, depending on which party holds a majority.
This week the House and Senate signed off on their redistricting maps. The Senate voted unanimously Thursday to approve a plan (SJR 100) that sets new boundaries for the 40 Senate seats and 120 state House seats. As a joint resolution, it will go into effect without the involvement of the Governor, however it has been sent to the Supreme Court for their ruling on whether they are lawful. The House map passed currently places 19 incumbent representatives in the same districts as colleagues within the chamber. This includes Republican Rep. Daniel Perez and Democratic Rep. Fentrice Driskell. Either could become House Speaker in 2024, depending on which party holds a majority.
HB 0263 Notice of Commencement Requirements by Bell
Notice of Commencement Requirements: Requires applicant to file NOC with issuing authority, if direct contract is greater than $5000; exempts specified direct contracts from HVAC change outs, if less $12,500. Effective Date: July 1, 2022
Awaits Floor Vote in the House. Will probably be reconciled with SB 352 (Hooper) by legislative leaders.
HB 0345 Liens and Bonds by Overdorf
Liens and Bonds: Revises liens and bonds laws, including provisions relating to when notices must be served; notarizing forms; alternative forms of security; direct contracts; computation of time; priority of liens; requirements for notice of commencement, notice of termination, & notice of contest of lien; transferring lien to security; service of documents; immunity to issuing authority; release of liens; & authorizes attorney fees in certain actions.
Has passed two House Committees. It is now in House Judiciary. This bill initiated by the ICPC of Florida impacts many vested parties. The legislators do not like controversy on so many items in their committee hearings. Our lobbyist has been in constant negotiations with the bill sponsors and other industry trade groups looking for a consensus that the legislative leaders will let proceed.
SB 1272 Liens and Bonds by Bradley
Liens and Bonds: Revising when a notice of contest of claim against a payment bond and a notice of nonpayment must be served; requiring that a copy of a notice of nonpayment be served on the surety; providing for the computation of time for recording a document or filing an action when certain time periods fall on specified days or during a declared state of emergency; defining the term “copy of the notice of commencement”; requiring service of documents relating to construction bonds to be made in a specified manner, etc.
Has passed one committee to date and due to a technical glitch missed being heard in Senate Judiciary this week.
SB 0352 Construction Liens by Hooper
Construction Liens: Revising the threshold for determining whether certain direct contracts to repair or replace an existing heating or air-conditioning system are exempt from specified notice of commencement and applicability of lien requirements
This Bill has passed the full Senate. It only changes the HVAC change out NOC requirement to $15,000. It will probably be reconciled by leadership to HB 263 (Bell).
SB 0732 Heat Illness Prevention by Rodriguez (A)
Heat Illness Prevention: Providing responsibilities for certain employers and employees; providing an exception; requiring employers to provide annual training for employees and supervisors; requiring the Department of Agriculture and Consumer Services, in conjunction with the Department of Health, to adopt specified rules, etc. Effective Date: 10/1/2022
Moving slowly in the Senate and dead in the House
SB 0736 Construction Defect Claims by Hutson
Construction Defect Claims: Revising the limitations period for certain actions founded on the design, planning, or construction of an improvement on real property; requiring a claimant to include the reasons for rejecting an offer in a notice rejecting a settlement offer to remedy a construction defect; requiring the court to stay an action if a claimant initiates an action without first accepting or rejecting a supplemental offer; requiring a court to appoint an expert to examine certain alleged construction defects and to prepare an examination report, under certain circumstances; requiring a claimant to repair a construction defect if the claimant receives compensation for an alleged construction defect from specified persons, etc.
Passed all committees.
Headed for Senate Floor Vote
HB 0751 Ad Valorem Taxation of Construction Equipment by Clemons
Ad Valorem Taxation of Construction Equipment: Revises definition of term “inventory” to include construction equipment owned by heavy equipment rental dealers for certain ad valorem tax purposes. Effective Date: July 1, 2022
Headed for a House Floor Vote
HB 0267 Swimming Pool Specialty Contracting Services by McClure
Swimming Pool Specialty Contracting Services: Authorizes certain persons under supervision of specified licensed contractors to perform certain specialty contracting services for commercial or residential swimming pools, interactive water features, hot tubs, & spas; provides that such supervision does not require direct contract between those persons. Effective Date: July 1, 2022
SB 0222 Swimming Pool Specialty Contracting Services by Gruters
HB 0589 Sales Tax Exemptions For Public Works by Harding
Sales Tax Exemptions For Public Works: Revises provisions specifying instances when sales to contractors are not exempt from sales & use tax; prohibits certain nonprofit entities that used sales tax exemption illegally from transferring liability; requires Department of Revenue to adopt rules prohibiting certain parties who receive sales tax exemption from assigning responsibility related to tangible personal property to other parties; requires department to establish by rule process to suspend public entity’s ability to use tax exemption if certain conditions are met; revises provision specifying when taxes that are imposed are considered state funds. Effective Date: July 1, 2022
SB 0930🚩 Sales Tax Exemptions for Public Works by Hooper
These bills seek to curtail Owner Direct Purchases. Both are dead for this year but have spurred some dialogue with other vested parties.
SB 1016 Mortgage Payoff Letters by Burgess
Mortgage Payoff Letters; Revising the timeframe in which mortgagees must send an estoppel letter after receiving a written request; prohibiting mortgagees or servicers of mortgages from taking certain actions relating to reliance on information in estoppel letters; prohibiting mortgagees or servicers of mortgages from denying the accuracy of information in estoppel letters if a person reasonably and detrimentally relied upon such information; requiring mortgagees and servicers of mortgages to execute and record a specified instrument after certain payments are received; revising the definition of the term “estoppel letter”, etc. Effective Date: 10/1/2022
11/19/21 SENATE Filed
12/13/21 SENATE Referred to Banking and Insurance; Judiciary; Rules
02/03/22 SENATE On Committee agenda – Banking and Insurance, 02/08/22, 3:00 pm, 412 K
HB 0335 Satisfaction of Mortgages by Fabricio
B 0353 Mortgage Payoff Letters by Fabricio
HB 1171 Notices of Termination and Commencement by Diamond
Notices of Termination and Commencement: Revising requirements for notice of termination. Effective Date: July 1, 2022
01/04/22 HOUSE Filed
01/10/22 HOUSE Referred to Civil Justice & Property Rights Subcommittee; Regulatory Reform Subcommittee; Judiciary Committee
01/10/22 HOUSE Now in Civil Justice & Property Rights Subcommittee
HB 0345🚩 Liens and Bonds by Overdorf
SB 1272🚩 Liens and Bonds by Bradley