The “Jim Walters” Exemption

Posted on May 10, 2012 by bloren

Florida law provides a very limited exemption to the requirement of obtaining local registration or certification to perform contracting services, known as the Jim Walters Exemption.  To qualify for the Exemption, the person or entity must: (1) perform specialty contracting services that do not require a separate certification or registration; (2) be supervised by a certified or registered contractor; and (3) perform the services on a single-family residence or a townhouse.

The Exemption is contained in Florida Statutes §489.117(4)(d):

 “Any person who is not required to obtain registration or certification pursuant to s. 489.105(3)(d)-(o) may perform contracting services for the construction, remodeling, repair, or improvement of single-family residences, including a townhouse as defined in the Florida Building Code, without obtaining a local license if such person is under the supervision of a certified or registered general, building, or residential contractor.”

A specialty contractor is a contractor whose scope of work is limited to a particular phase of construction and is a part of the work being performed by the certified or registered contractor. Some contractors must be registered or certified and therefore cannot rely upon the Exemption, such as: (1) sheet metal contractors; (2) class A, B, and C air conditioning contractors; (3) mechanical contractors; (4) commercial, residential, and swimming pool/spa contractors; (5) plumbing contractors; (6) underground utility and excavation contractors; and (7) solar contractors.

For the unlicensed specialty contractor to lawfully work under the Exemption, the specialty contractor must be supervised by a certified or registered general, building or residential contractor. Supervision has not been specifically defined by the Legislature, but generally includes directing, inspecting, and evaluating the work being performed. Under the Exemption, supervision does not require a direct contract between the specialty contractor and supervising contractor.

The third requirement is straightforward:  the work being performed by the specialty contractor must be on single-family residences or townhouses. Despite common understanding, the Exemption does not apply to commercial projects or multi-family homes.

There are many incentives for an owner and the unlicensed contractor to take advantage of the Jim Walters Exemption.  For homeowners, price often outweighs quality concerns before the work is performed.  For the unlicensed contractor, there are many incentives: avoiding the hassle of dealing with government and regulatory requirement, less overhead, and often no insurance and no worker’s compensation insurance.  Bottom line, unlicensed contractors generally perform the work for a lower price, but with less protection to the homeowner.

However, there are numerous problems caused by allowing unlicensed contractors.  For owners, there is the unprotected liability if the contractor does not have proper insurance or workers’ compensation.  There is less accountability for improper or incomplete work because there is no government oversight of unlicensed contractors.

 The real burden, however, falls on the licensed contractors who have to compete. Trying to operate a successful business in compliance with all legal requirements is difficult in the face of the unfair competitive advantages that unlicensed contractors have. Greater overhead and costs equals higher bids, less and work and less profit.

 Before subcontracting work to an unlicensed specialty contractor you should consult with your legal counsel to ensure that the Exemption applies. If the Exemption does not apply, any violations or penalties will likely be imposed against the supervising contractor.

The Loren Law Firm, based in West Palm Beach, specializes in the representation of businesses and management in the construction industry. Bruce E. Loren is Florida Bar Board Certified in Construction Law and Jocelyne A. Tholl, Esq. focuses her practice on issues affecting the construction industry.

Posted in Construction, General Contractors, Licensing, Local Government Issues, Subcontractors | Leave a comment

New Laws Affecting the Construction Industry 2012

Posted on May 9, 2012 by bloren

In its recent session, the Florida Legislature passed laws addressing contractor certification, public construction bidding, construction bonds and liens, and workers’ compensation that specifically apply to the construction industry. Here are summaries of the most important changes.

Certification of Registered Contractors

On April 8, 2012, the Governor signed into law important changes in the way the Florida Construction Industry Licensing Board certifies contractors.  Specifically, the new law renews the “grandfathering” statute and extends the deadline to apply for certification. Beginning on October 1, 2012, certain contractors (such as general, building and roofing contractors) that hold a valid registered local license may obtain a contractor certification from the Construction Industry Licensing Board.  This means that registered contractors, which are contractors who may only work in the municipality they are registered in, may obtain a state certification permitting them to work anywhere in the state simply by being a locally registered contractor.  The legislature has extended the deadline for licensed contractors to apply for certification to November 1, 2014.

Public Bids

On March 23, 2012, the Governor signed into law a bill that requires all state and local governmental entities to open sealed bids (submitted pursuant to a competitive solicitation) and announce the name of each bidder and the price of each bid at a public meeting.  This means that all bids for public construction projects will be opened and announced on the record at a duly noticed public meeting of the local governmental entity that requested the bids.  As such, the name of each bidder and the price of each bid shall be made public and will become a public record.  Consequently, the name of each bidder and the price submitted will now be made available to the public upon request and subject to the provisions of Florida’s public records act.  

Bonds for Construction of Public Buildings

Currently any person who enters into a contract for $100,000.00 or more with a state or local governmental entity to construct or repair a public building must obtain a payment and performance bond.

Beginning on October 1, 2012, the new law requires the front page of the bond to show the bond number assigned by the surety and the name, address and phone number of the contractor, surety, and the contracting public entity; the contract number assigned by the contracting public entity; and a description of the project.

For contracts entered into after October 1, 2012, contractors will be required to provide the state or local governmental entity with a certified copy of the recorded bond before commencing work.  If the contractor does not provide the state or local governmental entity with the required certified copy of the bond, then the contractor cannot be paid until the certified copy of the bond is provided.

Payment bonds on public projects issued on or after October 1, 2012, will be unenforceable if they limit the duration of the bond or place any conditions precedent to enforcement of a claim against the bond beyond those allowed for by law. 

The Notice of Contest of Claim Against a Payment Bond for a public project shall no longer be mailed by the clerk to the claimant but must now be served by the contractor or contractor’s attorney on the claimant.  Furthermore, service of the Notice is now deemed complete upon actual receipt, rather than upon mailing.          

For contracts entered into on or after October 1, 2012, public entities cannot condition payment to a contractor on the production of a release, waiver, or like document from a claimant demonstrating that the claimant does not have an outstanding claim related to the project. However, the surety may, in a writing served on the public entity, revoke its consent or direct the public entity to withhold a specified amount from a payment. 

Changes to Construction Lien Law Regarding Leases

Beginning on October 1, 2012, where a lessor has a clause in a lease that states that the property is not subject to liens for improvements made by the lessee and the lessor records the lease or notice of the clause, then the property cannot be subject to liens for improvements made by the lessee even if other leases for premises on the parcel do not expressly prohibit liens or do not have identical clauses.  The old law did not prohibit a lienor from arguing that its lien was valid on the basis that other leases on the parcel did not prohibit liens.  However, the new law expressly prohibits this argument thereby further protecting the lessor.        

Demand for a Copy of Contract and Statements of Account

Beginning on October 1, 2012, the new law requires additional information be included in a demand to a lienor or owner when requesting a copy of a contract or a statement of the amount due. Such demands must include a description of the property, the name(s) of the owner, the contractor, and the lienor’s customer, as provided in the lienor’s notice to owner (or notice to contractor).

Notice of Commencement and Notice of Nonpayment

The law used to provide that a Notice of Commencement could not expire before the completion of the construction and final payment to the contractor. Beginning on October 1, 2012, the new law has eliminated this limitation and provides that a Notice of Commencement expires one year from the date of recording unless a different date is specified in the notice.

Additionally, the new law also clarifies the requirement that if a payment bond is not recorded before construction commences, the lienor has options to calculate the time period in which it has to serve a Notice of Nonpayment to the contractor and surety. The lienor has the option to serve the notice 90 days after the final furnishing of labor, services, or materials, or 90 days after the date the lienor is served with a copy of the bond.

Notice of Contest

Current law permits a contractor who receives a Notice of Nonpayment to elect to shorten the time in which an action may be brought to enforce the payment bond (or lien). The contractor does so by filing a Notice of Contest of Claim with the clerk’s office specifying the amount of time.

Beginning on October 1, 2012, it is no longer sufficient for the contractor to mail the Notice of Contest to the person seeking to enforce the bond (or lien). The contractor must serve the person with a copy of the Notice.

Notice of Termination

Under existing law, an owner may terminate the period of effectiveness of a notice of commencement by serving a Notice of Termination. The new law requires the owner to serve a copy of the Notice on the contractor as well as on each lienor who has a contract directly with the owner or who has served a Notice to Owner.

Delivery of Notices, Generally

The legislature has updated the manner in which contracting-related notices, claims of liens, or other instruments may be served by adding service via common carrier delivery and Global Express Guaranteed.

Workers’ Compensation 

Under the current law, corporate officers (or members of limited liability companies with a minimum of 10% ownership) in the construction industry may elect to be exempt from workers’ compensation coverage requirements. An individual who makes such an election is not considered an employee for purposes of premium calculations and is not eligible to receive workers’ compensation benefits.

Beginning on January 1, 2013, requirements for corporate officers to apply for an exemption have been eased. Corporate officers are no longer required to submit their applications in writing. The new law allows for the electronic submission of exemption applications. In addition, the applicant is no longer required to notarize the application or to file copies of stock certificates with the application. Rather, the applicant need only submit their date of birth, Florida driver’s license number or identification card number, and a statement of their ownership interest in the business.

The new law also expands the exemption to all industries, not just the construction industry.  

The Loren Law Firm, based in West Palm Beach, specializes in the representation of businesses and management in the construction industry. Bruce E. Loren is Florida Bar Board Certified in Construction Law.

Posted in Construction, General Contractors, Local Government Issues, Subcontractors | Leave a comment

New Bill Passed by Florida Legislature Limits Builder’s Liability

Posted on March 12, 2012 by bloren

In its recent session, the Florida Legislature passed a law which will limit the ability of a purchaser of a new home (or a homeowners association) to sue a builder.

 A builder may be liable to a purchaser of a newly constructed home if it fails to complete a home that is fit for human habitation or that has major structural defects. Prior to 2010, the builder’s liability extended only to defects or damages to the home itself or to the improvements which immediately support the home, such as a septic tank or water well. In 2010 a Florida State appellate court decision extended the builder’s liability to include defects or damages to the services that support the home, including roads, drainage systems, underground pipes, and retention ponds.

The Legislature found that the 2010 appellate court decision was in direct conflict with other court decisions and that it extended the liability of builders beyond what is necessary to protect the purchaser. The new law will again limit the builder’s liability to defects or damages to the home itself or to the improvements which immediately support the home.

If signed by the Governor, the new law will take effect on July 1, 2012. The law will apply retroactively to all cases accruing before, filed after, or pending on July 1, 2012.

Note, however, that the new law does not change the liability of builders against claims from condominium or cooperative associations otherwise provided for by law.

The Loren Law Firm, based in West Palm Beach, specializes in the representation of businesses and management in the construction industry. Bruce E. Loren is Florida Bar Board Certified in Construction Law and Jocelyne A. Tholl, Esq. focuses her practice on issues affecting the construction industry.

Posted in Construction, General Contractors, Subcontractors | Leave a comment

New Family Medical Leave Act Forms Valid Until 2015

Posted on March 6, 2012 by bloren

The U.S. Department of Labor has updated the expiration date on its model Family Medical Leave Act (“FMLA”) forms to February 28, 2015 .  The forms are otherwise unchanged, but the prior versions of the forms expired on December 31, 2011.

The forms are free and you may obtain copies by visiting http://www.dol.gov/whd/fmla.  You may also contact our office and we will be glad to email them to you in PDF format.

Remember that, in very short summary, the FMLA requires employers with 50 or more employees to provide up to 12 weeks of unpaid leave during a one-year period for eligible employees. Among other things, this law generally requires that employers: reinstate eligible employees to the same or an equivalent position when they return to work; maintain benefits in a specific way during the leave; and give specific notices to employees. For those employers who are subject to the FMLA, there are penalties for failure to comply. (To be eligible, among other things, employees must have worked for the employer for one year, must have worked 1,250 hours during the year before the leave begins, and must work at a location within 75 miles of a site where the employer employs at least 50 people.)

Bruce E. Loren, Esq. is board-certified by the Florida Bar in construction law.  Cara F. Barrick, Esq. focuses her practice on employment issues that are unique to the construction industry. You may reach Cara by email at cbarrick@lorenlawfirm.com.


Posted in Employment, Labor Law | Leave a comment

New Rule Bans Hand-Held Cell Phone Use

Posted on February 16, 2012 by bloren

In an effort to end distracted driving, the Federal Motor Carrier Safety Administration has imposed a new rule banning the use of hand-held telephones by drivers of interstate commercial motor vehicles. The rule also prohibits employers from allowing or requiring their drivers to use hand-held mobile phones.

The new rule prohibits drivers of commercial motor vehicles from holding a mobile telephone in their hand while driving, including while the vehicle is temporarily stopped in traffic. Drivers of commercial motor vehicles are only permitted to use hand-held phones if they are pulled off on the side of the road and out of traffic, and they may only dial, initiate, answer, or terminate a call by touching a single button.

The rule imposes penalties on both the driver and their employer. A driver who violates this rule will face a penalty of up to $2,750 for each offense. Two violations within a 3-year period will result in the driver’s disqualification from operating a commercial motor vehicle for 60 days.  Three violations within a 3-year period will result in the driver’s disqualification from operating a commercial motor vehicle for 120 days. A holder of a CDL may also have their license suspended by a state if they are convicted of two or more serious traffic violations, (such as the violation of this rule) within a 3-year period.  

An employer of a commercial motor vehicle driver can be held liable for the driver’s actions and will face a maximum penalty of $11,000 for allowing their driver to use a hand-held cell phone while driving.

To avoid violating this rule, employers must require drivers of commercial motor vehicles to use wired or wireless earpieces, speakerphone, or the hands-free operation that may be provided by the vehicle. Employers may also want to consider switching to a “push-to-talk” mobile communication device, such as a CB Radio or walkie-talkie-type of device. (The rule is very specific on this point and employers should consult the language of the rule for a better understanding of what qualifies as an acceptable “push-to-talk” device).

Protect your business by immediately amending your company policies in your employee handbook to include a ban on the use of hand-held phones by commercial motor vehicle drivers. Make your employees aware of the new federal rule and the penalties for violating the rule. Require your drivers to acknowledge in writing that they are aware of both the rule and the change to your company policy. Finally, provide your drivers with the equipment that they need, such as hands-free devices, in order for both the drivers and your company to comply with the law.

Employee policies are not “one size fits all” and the below sample is not legal advice, but is one example of a company policy that can be incorporated into an employee manual. Due to the ever-changing nature of mobile phone technology and the resulting changes in laws regarding the use of phones and texting while driving, you should consult with your legal counsel regarding the specific needs of your business. 

It is the Company’s intent to comply with all applicable laws and regulations, as well as safe practices.  In accordance with laws and regulations in effect at the time of the issuance of this policy, including the Federal Motor Carrier Safety Administration’s regulation “Driver’s of CMVs:  Restricting the Use of Cellular Phones”, the Company prohibits drivers who operate commercial motor vehicles from using a hand-held cellular phone while driving, including while stopped at a traffic signal, stop sign, and while stopped in traffic. Drivers may only use a hand-held cellular phone in strict accordance with applicable laws and regulations, which presently permit such use if they are completely stopped and pulled over on the side of the road in a location where they can safely remain stationary, or in the instance of an emergency to contact law enforcement or emergency personnel.  Violation of this rule may result in disciplinary action, up to and including termination.

While outfitting your fleet of CMVs and your drivers to comply with this regulation may cost you in the short term, the cost should be considered relative to the penalties for violating this rule or, worse yet, a distracted driving accident.

The Loren Law Firm, based in West Palm Beach, specializes in the representation of businesses and management in the construction industry.  The firm assists businesses of all sizes in complying with laws such as the one discussed in this article, to reduce the risk of claims and litigation, often for a flat fee.   

Bruce E. Loren, Esq. is board-certified by the Florida Bar in construction law.  Cara F. Barrick, Esq. focuses her practice on employment issues that are unique to the construction industry.  The firm proudly welcomes Jocelyne Tholl, Esq., who authored this article.

Posted in Employment, General Contractors, Labor Law, Subcontractors | Leave a comment

NOTICES TO OWNER: MORE ADVANCED ISSUES

Posted on January 2, 2012 by bloren

A recent case from the Florida appellate court in Miami highlights a number of more advanced rules that should be part of the contractor’s arsenal.  In that case, a material supplier provided materials on a project under two separate contracts: one with the general contractor and one with subcontractor.  The supplier’s system correctly recognized this as two separate contracts (even though on the same project) and generated two Notices to Owner.  The Project was suspended and the supplier recorded two liens on the Property.  The owner paid off both liens, terminated the original Notice of Commencement, and received two Final Lien Waivers and Release from the supplier.

The Project started again with a new Notice of Commencement, but this time, with a Payment Bond, posted by the general contractor to protect the property from all liens.  Again, the supplier recognized that it was providing materials on two separate contracts on the same Project.  But, unlike the original scenario, the supplier’s Notice Company only sent one Notice to Owner/Notice of Intent to Rely Upon Bond based upon the contract with the general contractor.  The Notice Company did not send a second notice based upon the supplier’s larger contract with the subcontractor.  (Note that the general contractor knew that the supplier was also providing materials to the Project under order of the subcontractor.)  No surprise, the payments were not made to the supplier.  However, in a very strategic move, the general contractor paid the supplier for the small amount owed on its contract, but refused to pay the supplier the $270,000 owed under the supplier’s contract with the subcontractor.  In court, the supplier sought payment of the money owed under its contract with the subcontractor.

The trial court ruled against the supplier and the appellate court agreed.  The court ruled that the final waiver and release signed by the supplier under the first Notice of Commencement was final and “wiped the slate clean.”  Further, the supplier’s failure to send new Notices to Owner to the same general contractor under both of the supplier’s contracts was a fatal error.   The supplier was required to send new notices under the Construction Lien Law to perfect its lien rights relating to materials furnished after the Project recommenced.  The fact that the general contractor had actual notice that the supplier was also providing materials under a separate contract with the subcontractor was irrelevant and did not excuse the supplier from strict compliance.

This result seems unfair to the supplier and hyper-technical.  Ensure that this type of scenario does not happen to you.  Key points are:

  • Every contractor needs a clear and consistent system to track new contracts and order Notices to Owner immediately.  Remember, you have 45 days from the date you start work for the Notice to be received, but you can send the Notice at any time.
  • Every contractor should have a reliable Notice to Owner company that stands behind their work and is willing to take the risk for their errors.  Read the disclaimers and limitations of liability in your agreement with your notice company.  The Loren Law Firm performs Notices to Owner services for many clients, many on a flat fee basis.
  • After a Notice of Termination of the Notice of Commencement is recorded, start all over again.  This is a new project and your system should recognize that.
  • Actual notice that you are working on a project does not replace satisfying the technical requirements of Florida Construction Law.  In the case discussed above, the general contractor clearly had advice of counsel in its strategy.  The general contractor knew that it was only obligated to pay the supplier for only one contract because it recognized the supplier’s error of sending only one notice to owner after recommencement.  While unfair, the general contractor used knowledge of the law to its advantage. Be prepared, have the knowledge, and have the advantage, too.

The Loren Law Firm of West Palm Beach specializes in the representation of businesses and management in the construction industry. The firm also focuses on employment issues that are unique to the construction industry. Bruce E. Loren is Florida Bar Board Certified in Construction Law and accredited as a Leadership in Energy and Environmental Design Accredited Professional (LEED™ AP) by the U.S. Green Building Council (USGBC). If you have any questions about this article, contact Bruce Loren at bloren@lorenlawfirm.com.

Posted in Breach of Contract, Construction, General Contractors, Subcontractors | Leave a comment

ATTORNEYS AT BRUCE LOREN & ASSOCIATES GATHER AWARDS

Posted on June 30, 2011 by bloren

The boutique law firm of Bruce Loren & Associates is once again proud to announce numerous awards and recognitions from its peers.

Bruce Loren was recently recognized by:

AV Rating by Martindale-Hubbell, which is the highest rating for lawyers showing exemplary skills and ethics;

Super Lawyers in Construction Law for 2011; and

South Florida Legal Guide list of Elite Lawyers for Construction-Litigation for 2011.

Cara Barrick was recognized by Super Lawyers as a “Rising Star” in Employment and Labor Law for 2011.

The West Palm Beach law firm of Bruce Loren & Associates specializes in the representation of businesses and management in the construction industry.  Bruce E. Loren, Esq. is board-certified by the Florida Bar in construction law and is a LEED AP.  Cara F. Barrick, Esq. focuses her practice on employment issues that are unique to the construction industry and is certified by the Human Resources Certification Institute as a Senior Professional in Human Resources.

Posted in Uncategorized | Leave a comment

Employers Face Legal Action for Trying to Control Online Conduct During Off-Hours

Posted on June 23, 2011 by bloren

Many employers have been stunned to learn that their efforts to control employees’ online conduct may be illegal.  This revelation follows a slew of cases recently brought against employers by the National Labor Relations Board.

The cases across the country have followed a similar pattern: Employees turned to social media (such as Facebook and Twitter, for example) to vent their frustrations about an issue at work.  The employer learned of the comments and disciplined or fired the employee.  The employee then turned to the government – the National Labor Relations Board – and the Board charged the employer with committing an “unfair labor practice.”  The illegal “unfair labor practice” could be the decision to discipline or fire the employee, or it could be the maintenance of a company policy against discussing work on social media. 

Employers must realize that, even though your workforce may not be unionized, some aspects of the National Labor Relations Act may still apply to your business.  Generally, under this law:

     it is unlawful to discipline employees for making negative comments about working conditions;

  • it is unlawful to maintain policies that restrict discussions about working conditions;
  • activity is protected when it is taken by or on behalf of a group (“concerted activity”) but the protected activity can also be conduct by a single employee if the goal is to enlist support; and
  • insulting, obscene, or personal attacks are not protected conduct.

What should a “social media policy” say?

Each social networking policy should be customized, but all should consider: 

Confidentiality.  Repeat the confidentiality policy that you already have.  You can’t say it enough.  Imagine how quickly an employee could cause damage by posting your secret recipe.

Specificity.  A company that is itself involved with technological innovation may want to have a detailed social networking policy that specifically encourages certain online activities.  This level of detail and tone may not work for every workplace culture or every type of business, such as a doctor’s office.   

Parameters.  This is a moving target.  Today’s popular online hangouts (such as Facebook and  LinkedIn) are sure to be supplemented by some new format or technology that we can’t even envision.  The scope of the policy should at least include blogs, chats, web sites, social networks (such as Facebook, LinkedIn, MySpace, Path, and Twitter) and even online dating web sites (such as Match and eHarmony).  Include online tools that people in your specific industry may use.

Identification.  If and when employees are discussing their employer, employees should identify their role with respect to the employer. 

Disclaimer. If and when employees are discussing their employer, employees should state that any comments are their own positions and opinions, and they are not the positions or opinions of the employer.

Remember, an employer who tries to restrict employees from talking about work online – or anywhere else – can be subject to legal action and penalties under the labor law. 

The West Palm Beach law firm of Bruce Loren & Associates specializes in the representation of businesses and management in the construction industry.  The firm assists businesses of all sizes in complying with employment laws.   Bruce E. Loren, Esq. is board-certified by the Florida Bar in construction law and is a LEED AP.  Cara F. Barrick, Esq. focuses her practice on employment issues that are unique to the construction industry and is certified by the Human Resources Certification Institute as a Senior Professional in Human Resources.

Posted in Construction, Employment, Labor Law, Subcontractors, Wage and Hour | Leave a comment

New Laws Affecting the Construction Industry

Posted on June 11, 2011 by bloren

In its recent session, the Florida Legislature passed laws addressing growth management, building construction codes, and residential building permits.  Here are summaries of the most important changes in the law for those in the construction industry:

Growth Management

Important changes in Florida’s growth management laws went into immediate effect after the Governor signed them into law on April 27, 2011.

State requirements for developers to pay concurrency fees for new infrastructure required by their developments have been eased under the new law in hopes of reducing urban sprawl.  Previously, developers had to pay specific concurrency fees to provide infrastructure for new developments as mandated by the State of Florida.  Local governments will now have more authority in deciding what concurrency fees to charge developers for required new infrastructure.  By giving local governments this increased authority to determine concurrency fees, it is hoped that urban infill and redevelopment projects that were often previously cost-prohibitive due to state-mandated concurrency fees will now be undertaken.

Land use planning requirements have also changed.  Local governments will have more authority to approve changes to comprehensive land use plans and plan amendments because exemptions and partial exemptions from state review have been created for developments of regional impact.

New standards for urban areas within Florida have been established.  Whether or not a municipality or county falls within the new standards for urban areas often determines the applicability of the provisions put in force by this law.

Building Construction Codes

As of July 1, 2011, significant changes regarding building construction codes will take effect.

This new law affects the construction of new public buildings and renovations to current public buildings within Florida.  Buildings constructed and financed by the state, state agencies, local governments, and the courts will now be required to adopt a “sustainable building rating” system or use a national model green building code for all new construction and renovations of buildings.  Examples of such ratings systems are those established by the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED), the International Green Construction Code, and the Green Building Initiative.

The requirements for the building codes and standards used as basis of the Florida Building Code have been changed.  Previously, the Florida Building Commission could use any available building code or standard that was recognized by state law as the basis for the Florida Building Code.  Under this new law, only international and nationally adopted model codes and standards can be used to form the foundation of the Florida Building Code.

The ability to make Florida-specific amendments to the Florida Building Code has also been limited.  Previously, the Florida Building Commission could modify the foundation model codes and standards as needed to accommodate the specific needs of Florida.  Now, when an amendment not found in an international code is either proposed or resubmitted after it has expired, evidence and data must be submitted to show why the geographic location of Florida requires going beyond the provisions in the foundation code.

Residential Building Permits

As of July 1, 2012, significant changes regarding residential building permits will become effective.

The inspection requirements for residential building permits for single-family and two-family residences have been relaxed.  Under this new law, local enforcing agencies, building code administrators, inspectors, and other officials are prohibited from requiring the inspection of any part of a building, structure, or property that is not directly impacted by the proposed construction before a building permit is issued.  However, this exemption does not apply to building permits sought for:  a substantial improvement, a change of occupancy, a conversion from residential use to either nonresidential or mixed use, or a historic building.

The West Palm Beach law firm of Bruce Loren & Associates specializes in the representation of businesses and management in the construction industry.  The firm also focuses on employment issues that are unique to the construction industry.  Bruce E. Loren is Florida Bar Board Certified in Construction Law and accredited as a Leadership in Energy and Environmental Design Accredited Professional (LEED™ AP) by the U.S. Green Building Council (USGBC). If you have any questions about this article, contact Bruce Loren at bloren@lorenlawfirm.com.

Posted in Construction, General Contractors | Leave a comment

Florida Increases Minimum Wage

Posted on June 11, 2011 by bloren
Effective June 1, 2011, the minimum wage in Florida increased to $7.31 per hour, from $7.25 per hour.  The minimum wage for tipped employees is $4.29 per hour, in addition to tips, also effective June 1, 2011.  Attached is the updated poster provided by the Florida Agency for Workforce Innovation, which employers are required to post under Florida law.
 
For more on how we can help your business effectively hire and manage quality employees, contact the West Palm Beach employment attorneys of Bruce Loren & Associates today
 
Posted in Employment, Wage and Hour | Leave a comment