Florida Roofers – new laws

A proposed statute, House Bill 939, is set to modify Florida Statute 489.147, which governs roofing and contractor practices, particularly in areas affected by emergencies or insurance-funded projects. If enacted, homeowners will have the right to cancel roofing repair or replacement contracts within 10 days of signing without penalty, under certain conditions, such as during a state of emergency declared by the Governor.

The bill introduces the definition of a “residential property owner” and specifies that cancellation rights apply if the contract was signed during an emergency. Contractors will be required to include a clear disclosure in the contract, notifying homeowners of their right to cancel. Cancellations must be in writing and sent by certified mail or equivalent.

If signed by the Governor, the statute will take effect on July 1, 2024.

Financially Responsible Officers (FRO) F.S. 489

Typically, when a licensed contractor qualifies a construction business entity, they are responsible for both the construction operations and the financial aspects of the business. However, employing a Financially Responsible Officer (FRO) can separate these duties. This arrangement allows the qualifier to focus solely on construction activities, while the FRO handles the financial responsibilities of the company. If the qualifier is not an owner or shareholder but merely an employee or independent contractor focused on construction tasks, the construction company will appoint a separate FRO to manage financial obligations.

form

Florida Statute. 489.1195

A qualifying agent is a primary qualifying agent unless he or she is a secondary qualifying agent under this section.

A financially responsible officer shall be responsible for all financial aspects of the business organization and may not be designated as the primary qualifying agent. The designated financially responsible officer shall furnish evidence of the financial responsibility, credit, and business reputation of either himself or herself, or the business organization he or she desires to qualify, as determined appropriate by the board.

Where a business organization has a certified or registered financially responsible officer, the primary qualifying agent shall be responsible for all construction activities of the business organization, both in general and for each specific job.

Crimes relating to Florida contracting

In Florida, the Construction Industry Licensing Board (CILB) oversees licensing and regulation for various construction professionals. For the purpose of maintaining a license, certain crimes may be considered irrelevant to contracting, meaning they may not directly impact a contractor’s ability to hold or maintain a license.

Here are examples of crimes that generally do not relate to contracting:

  1. Traffic Violations: Minor offenses such as speeding tickets or parking violations typically do not affect licensing status.
  2. Theft of Non-Construction Related Items: Crimes like shoplifting or petty theft that don’t pertain to construction materials or tools may not be relevant.
  3. Drug Offenses (Non-Related to the Construction Site): Drug offenses that do not involve construction sites or business operations may not be directly relevant. However, drug-related crimes can sometimes impact licensing depending on the specifics.
  4. Public Disorder Crimes: Offenses such as disorderly conduct or public intoxication that are unrelated to the professional conduct of contracting are usually not considered.
  5. Certain White-Collar Crimes: Some financial crimes like embezzlement or fraud, unless they directly relate to contracting activities or involve construction funds, may not directly impact licensing.

However, it’s essential to note that even if a crime doesn’t directly relate to contracting, the CILB can still consider the nature and circumstances of the crime when evaluating an applicant’s or licensee’s fitness for holding a license. Major offenses or patterns of criminal behavior may raise concerns about the individual’s suitability for a professional license, even if the crimes are not directly related to contracting activities. For the most accurate and specific guidance, reviewing the Florida statutes or consulting with a legal expert or licensing authority would be advisable.

Home Inspectors / Mold Services NO MORE FL CONT. ED.

– Effective July 1, 2024 – IF our Mold, Home Inspector or Building Code Official licensees have held their licenses active for the past 10 (TEN) years, they are NOT required to complete CE…

On May 17, 2024, Governor Ron DeSantis signed SB 382 into law, which exempts certain licensees from continuing education requirements.

Effective July 1, 2024, all Florida Department of Business and Professional Regulation (DBPR) licensees who meet the below requirements will be exempted from their current continuing education requirements:

  1. The licensee is licensed by one of the following Department of Business and Professional Regulation Boards, Councils, or Licensing Programs:  
  • Asbestos Licensing Unit
  • Barbers’ Board
  • Building Code Administrators and Inspectors Board
  • Board of Cosmetology
  • Home Inspectors Licensing Program
  • Mold-Related Services Licensing Program
  • Board of Pilot Commissioners
  • Regulatory Council of Community Association Managers
  • Board of Veterinary Medicine
  1. The licensee holds an active license.
  2. The licensee has held their license continuously for at least 10 years.
  3.  No discipline has been imposed against the license. 

Beginning July 1, licensees can verify their exemption status through their online account or by searching the Department’s online licensing portal, at: https://www.myfloridalicense.com/wl11.asp?mode=0&SID.  Licensees will remain exempt from future continuing education requirements if they continue to meet all the requirements for the exemption. 

Grandfather to Certified Status

61G4-15.100 Certified Specialty Contractorscall 727-862-8862 Contractors Business Service for more info

(1) The purpose of this rule is to provide for the certification of the following specialty contractors licensure types:

(a) A “structural aluminum or screen enclosures contractor” is qualified and certified by the board to perform any work involving aluminum screened porches, screened enclosures, pool enclosures, pre-formed panel-post and beam roofs, mobile home panel roof-overs, residential glass and window door enclosures, vinyl panel window enclosures and single-story self-contained aluminum utility storage structures not exceeding seven hundred twenty (720) square feet.  The scope of the work shall include woodwork incidental to the aluminum and allied materials construction work.  It shall be limited to the construction of wood framing for walls of uninhabitable utility storage structures, raised wood decks for enclosures, and the rescreening, repair and/or replacement of wood incidental to the installation of glass windows and doors, installation of siding, soffit, fascia, gutters, and preformed panel-post and beam roofs.  The scope of such work shall include masonry concrete work and be limited to foundations, slabs and block knee walls incidental to the aluminum and allied materials construction work.  The aluminum contractor, whose services are limited, shall not perform any work that alters the structural integrity of the building including but not limited to roof trusses, lintels, load bearing walls and foundations.  The aluminum contractor shall subcontract, with a licensed qualified contractor in the field concerned, all work incidental to that which is defined herein but which is the work of a trade other than that of an aluminum contractor.  The scope of licensure for an aluminum contractor includes and is limited to the execution of contracts requiring the experience, financial means, knowledge and skill necessary for the fabrication, assembling, handling, erection, installation, dismantling, adjustment, alteration, repair, servicing and design work when not prohibited by law, in accordance with accepted engineering data and/or according to manufacturer’s specification in the aluminum metal, vinyl and fiberglass screening and allied construction materials.

(b) A “marine specialty contractor” is qualified and certified by the board to perform any work involving the construction, repair, alteration, extension and excavation for fixed docks, floating docks, boathouses, mooring devices, mooring fields, seawalls, bulkheads, piers, wharfs, boatlifts, boat ramps, revetments, cofferdams, wave attenuators, dune crossovers and other marine structures and activities, including pile driving, framing, concrete, masonry, dredge and fill, and wood shingle, wood shakes, or asphalt or fiberglass shingle roofing on a new structure of his or her own construction.

(c) A “marine seawall work contractor” is qualified and certified by the board to install, alter, repair, maintain, relocate, and replace supporting members of piers and docks, e.g., piles or pilings, columns, posts, stanchions.  The scope of work of such contractor shall include all construction below, above, or beyond, the mean low water line, for the sole purpose of constructing, erecting or dismantling of piers, docks and seawalls.

(d) A “marine bulkhead work contractor” is qualified and certified by the board to install, alter, repair, maintain, relocate, and replace bulkheads and its supporting members.  The scope of work of such contractor shall include all construction below, above or beyond, the mean low water line, for the sole purpose of constructing, erecting, or dismantling of bulkheads.

(e) A “marine dock work contractor” is qualified and certified by the board to install, repair, maintain, or alter docks, piers, and decks of marine nature, and may perform pile driving as well as other operations necessary for the safe construction of these structures.

(f) A “marine pile driving contractor” is qualified and certified by the board to drive concrete, wood, or steel piles in a marine environment to provide the foundations for fixed docks, floating docks, boathouses, mooring devices, mooring fields, seawalls, bulkheads, piers, wharfs, boatlifts, boat ramps, revetments, cofferdams, wave attenuators, dune crossovers and other marine structures.

(g) A “structural masonry specialty contractor” is qualified and certified by the board to form, place, finish, install, repair, maintain, and replace any concrete or masonry products including: batching and mixing of aggregates, cement, and water to specifications, laying of block, brick, and other masonry units, the construction of forms and framework for the casting and shaping of concrete, the placing and erection of reinforcing steel and the pouring, placement, injecting and finishing of concrete.  The scope of such work shall include all types of foundations, slabs, footers, curbs, walls, columns, beams and other structures, and terrazzo and other finishes.

(h) A “structural pre-stressed, precast concrete work specialty contractor” is qualified and certified to erect structural precast concrete units such as decks, beams, girders, walls, columns and stairs that are or may be used as structural members for buildings and structures, including welding and rigging in connection therewith and to erect precast concrete units for guard rails and decorative panels above the ground floor, including such minor field fabrication as may be necessary.

(i) A “structural steel work contractor” is qualified and certified by the board to install, repair, maintain, and replace steel framework, columns, sheathing, beams, and fabrication of metal buildings.

(j) A “window and door installation contractor” is qualified and certified by the board to install, replace, adjust, repair, and service, when not prohibited by law, in accordance with accepted engineering data and or according to manufacturers’ specification of exterior windows and doors, hurricane protection devices, shutters, and hardware in connection therewith which do not affect structural changes, except the replacement of window bucks in retrofit.

(k) A “garage door installation contractor” is qualified and certified by the board to fabricate, assemble, handle, erect, install, dismantle, adjust, alter, repair, and service garage doors.  The scope of such work shall include all types of garage doors, including the related hardware and operating devices.  Such contractor shall be allowed to install low voltage wiring for safety features and cord and cap connected to the devices, motors, and equipment; any other electrical work related to the installation of a garage door shall be subcontracted to a licensed electrical contractor, including wire removal and/or rewiring, installation of receptacles, lights, and switches.  Such contractor shall be allowed to subcontract with other licensed contractors for work directly related to the installation of the garage door.

(l) A “plaster and lath specialty contractor” is qualified and certified by the board to coat surfaces with a mixture of sand or other aggregate gypsum plaster, Portland cement or quicklime and water, or any combination of such material as to create a permanent coating.  The contractor may perform lathing work.

(m) A “structural carpentry specialty contractor” is qualified and certified by the board to install any wood products or metal framing in a structure of a building including rough framing, door, window (including metal), and structural trusses.

(n) A “residential swimming pool/spa servicing specialty contractor” means a contractor whose scope of work involves the repair and servicing of residential swimming pools, hot tubs or spas. The scope of work includes the repair or replacement of existing equipment, any cleaning or equipment sanitizing that requires at least a partial disassembling, filter changes, and the installation of new pool/spa equipment, interior refinishing, the reinstallation or addition of pool heaters, the repair or replacement of all perimeter piping and filter piping, the repair of equipment rooms or housing for pool/spa equipment, and the substantial or complete draining, for the purpose of repair or renovation of residential swimming pools, hot tubs, and spas. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines.

(o) An “industrial facility specialty contractor” is a contractor who is qualified and certified by the board to perform any work involving the construction, repair, demolition, modification, and alteration of uninhabitable industrial structures housing manufactured industrial equipment being installed therein by the contractor of specialized equipment used to produce or move goods or materials including but not limited to energy production, gas production, chemical production, installation of fixed equipment, above ground storage tanks and related accessory piping; and construction of habitable or uninhabitable attached accessory use structures not exceeding 1,500 square feet used solely to house related operating and controlling equipment. An industrial facility specialty contractor shall be unlimited in his or her ability to enter contracts for the scopes of work described herein and who may perform such work permitted under this rule, except as otherwise expressly provided in section 489.113, F.S.  An industrial facility specialty contractor shall be required to subcontract all work above that falls within the scopes of work set forth in sections 489.105(3)(b)-(p) or 489.505, F.S., or for fire protection systems under section 633.318, F.S., to a licensee who holds a state certification or registration in the respective category of work.

(p) A “building demolition specialty contractor” is a contractor whose contracting business consists of the execution of contracts requiring the experience, financial means, knowledge, and skill to demolish, if not prohibited by law, steel tanks 50 feet or less in height; towers 50 feet or less in height; other structures 50 feet or less in height, other than buildings or residences over three stories tall; and buildings or residences three stories or less in height. Nothing in this rule shall be deemed to restrict or limit in any manner the scope of work authorized by law of other contractor classifications.

(q) An “irrigation specialty contractor” is a contractor whose contracting business consists of the execution of contracts requiring the experience, financial means, knowledge, and skill to install, maintain, repair, alter, extend, manage, monitor, audit, or, if not prohibited by law, design irrigation systems. An irrigation specialty contractor may install, maintain, repair, alter, extend, manage, monitor, audit, or, if not prohibited by law, design irrigation systems, including any excavation work incidental thereto. An irrigation system includes all: piping; fittings; sprinklers; drip irrigation products; valves; irrigation controllers; control wiring; rain sensors; water pumps, water conservation devices; water harvesting systems; irrigation main lines downstream of a utility potable water meter or utility alternative water supply distribution line and dedicated backflow prevention device; and associated components installed for the delivery and application of water for the purpose of irrigation.  Irrigation systems used for agricultural purposes shall not be included within the scope of this rule.  An irrigation specialty contractor is precluded from conducting work on water wells or pumps per Florida Plumbing Code and Section 373.323(10), Florida Statutes.

(r) A “tower specialty contractor” is qualified and certified by the board to perform any work involving the construction, repair and alteration of uninhabitable towers for purposes of communications, energy, water, or utilities; including construction of accessory use structures not exceeding three stories in height which house related equipment. An applicant for a tower specialty contractor certification shall pass the general contractor examination and shall demonstrate experience in the construction, repair and alteration of towers and accessory use structures.

(s) A “glass and glazing contractor” is a specialty contractor whose scope of work is limited to the installation and attachment of all types of windows and glass, on residential and commercial applications without any height restriction, whether fixed or movable; the installation of swinging or sliding glass doors to existing walls, floors, columns or other structural members of the building; the installation of glass holding or supporting mullions or horizontal bars; the installation of structurally anchored impact-resistant opening protection attached to existing building walls, floors, columns or other structural members of the building; and the cutting and installation of glass and mirrors. A glass and glazing specialty contractor may also install prefabricated glass, metal or plastic curtain walls, storefront frames or panels, caulking incidental to such work and assembly, and installation of shower & tub enclosures and metal fascias.

(t) A “gypsum drywall contractor” is a specialty contractor whose scope of work is limited to the installation of all necessary and incidental metal accessories, including non-load bearing metal studs, runners, hangers, channels, drywall metal suspension accessories and prefabricated ceiling materials; and the preparation of the surface over which drywall product is to be applied. This includes the application of base and finish coats specifically designed for the gypsum drywall products of their own erection. This category shall not include plastering, block, or wood partitions.

(u) A “gas line specialty contractor” is a contractor whose scope of work is limited to installation, modification, alteration, testing, repair and maintenance of natural gas transmission systems and natural gas distribution systems with all appurtenances within rights-of-way, easements, or terminating at meter.

(2) Certification procedures and fees for certified specialty contractors shall be the same as those provided for the certification of other contractors as required by and set forth in sections 489.109, 489.111, 489.113, 489.114, 489.115, 489.116, F.S., and related rules.

(3) Nothing in this rule shall be deemed to restrict or limit in any manner the scope of work authorized by law of other contractor classifications.

(4) Certified specialty contractors must maintain applicable worker’s compensation and general liability insurance as required by state and federal laws, including but not limited to the provisions of the Longshoremen’s and Harbor Worker’s Compensation Act, 33 U.S.C.A. §901 et seq. and Title 46 U.S.C.A. for marine specialty contractors.

Rulemaking Authority 455.213, 489.108, 489.113(6) FS. Law Implemented 489.105(3)(q), 489.113(6) FS. History‒New 5-5-24.

Florida’s CILB to Issue Registered Licenses to Some Phased Out Local License Holders. Maybe?

The proposed statute is a response to the discontinuation of specific contractor licenses issued by cities and counties. It mandates the Florida Construction Industry Licensing Board to grant registered licenses to contractors who held particular local licenses between 2021 and 2023 in areas where those local licenses are no longer valid.

House Bill 1579 establishes a route for contractors with a local contractor’s license that corresponds to an existing state-issued license but is being phased out by the local government, to obtain that license for use within a specific county. This process doesn’t necessitate an exam as long as the contractor fulfills certain criteria. This addition to 489.117, Florida Statutes, facilitates the aforementioned provision.

1. The applicant held, in any local jurisdiction in this state during 2021, 2022, or 2023, a certificate of registration issued by the state or a local license issued by a local jurisdiction to perform work in a category of contractor defined in s. 489.105(3)(a)-(o).

2. The applicant submits all of the following to the board:

(b) The board shall issue a registration to an eligible applicant to engage in the business of a contractor in a specified local jurisdiction, provided each of the following conditions are satisfied:

a. Evidence of the certificate of registration or local license held by the applicant as required by subparagraph 1.

b. Evidence that the specified local jurisdiction does not have a license type available for the category of work for which the applicant was issued a certification of registration or local license during 2021, 2022, or 2023, such as a notification on the website of the local jurisdiction or an email or letter from the office of the local building official or local building department stating that such license type is not available in that local jurisdiction.

c. Evidence that the applicant has submitted the required fee.

d. Evidence of compliance with the insurance and financial responsibility requirements of s. 489.115(5).

(c) The board is responsible for disciplining licensees issued a registration under paragraph (b). The board shall make such licensure and disciplinary information available through the automated information system provided under s. 455.2286.

(d) The fees for an applicant seeking a registration under paragraph (b) and renewal of such registration every 2 years are the same as the fees established by the board for applications, registration and renewal, and record making and recordkeeping, as outlined in s. 489.109. The department shall provide license, renewal, and cancelation notices under ss. 455.273 and 455.275.

Red Flags when buying a home

During a home viewing, it is essential to watch out for specific red flags that may indicate potential problems with the property. Some key red flags to be aware of include:

  1. Water Damage: Look for water stains on ceilings, walls, or floors, as well as musty odors that could indicate past or ongoing water damage issues.
  2. Foundation Cracks: Significant cracks in the foundation walls or floors can be a sign of structural issues that may be costly to repair.
  3. Mold and Mildew: Visible mold or mildew growth, especially in damp areas like basements or bathrooms, can indicate moisture problems that need to be addressed.
  4. Pest Infestations: Look for signs of pest infestations such as droppings, gnaw marks, or insect activity, which may require professional pest control services.
  5. Faulty Wiring: Outdated or faulty electrical wiring can pose a safety hazard. Look for exposed wires, flickering lights, or frequently tripped circuit breakers.
  6. Poor Maintenance: Neglected maintenance issues such as peeling paint, rotting wood, or overgrown landscaping may indicate a lack of care and potential hidden problems.
  7. Structural Issues: Sagging ceilings, uneven floors, or doors that do not close properly can be signs of underlying structural issues that may need attention.
  8. Odors: Strong odors such as smoke, pet smells, or mustiness can be difficult to eliminate and may indicate underlying issues within the home.
  9. Recent Renovations: Be cautious of recent renovations that may be covering up underlying problems. Look for signs of rushed or poor-quality workmanship.
  10. Location Concerns: Consider factors such as noise levels, proximity to busy roads or industrial areas, and the overall safety and desirability of the neighborhood.

By being vigilant for these red flags during a home viewing, you can identify potential issues early on and make an informed decision about whether the property is the right fit for you

Inspecting Older Homes

When inspecting older homes, it is crucial to look out for common issues that may arise due to the age of the property. Some key issues to watch for include:

  1. Foundation Problems: Check for cracks in the foundation walls or floors, as well as any signs of unevenness or sloping floors.
  2. Roof Condition: Inspect the roof for missing or damaged shingles, signs of water damage, and the overall age and condition of the roof.
  3. Electrical Wiring: Older homes may have outdated electrical systems that are not up to current safety standards. Look for exposed wiring, outdated outlets, and signs of electrical problems.
  4. Plumbing Issues: Check for leaks, water stains, low water pressure, and signs of outdated plumbing systems that may need to be replaced.
  5. HVAC System: Assess the age and condition of the heating, ventilation, and air conditioning system. Older systems may be less efficient and in need of replacement.
  6. Insulation and Energy Efficiency: Older homes may lack proper insulation, leading to energy inefficiency and higher utility bills. Check for drafts, inadequate insulation, and outdated windows.
  7. Lead Paint and Asbestos: Older homes may contain lead paint or asbestos, which can be hazardous to your health. Ensure proper testing and remediation if necessary.
  8. Structural Integrity: Look for signs of sagging ceilings, walls, or floors, which could indicate structural issues that need to be addressed.

By being aware of these common issues and conducting a thorough inspection, you can make an informed decision when considering an older home for purchase.

Essential Pool Accessory: The Fence

In the U.S., countless homeowners boast pools in their backyards. A significant number of these households have at least one child. Depending on the child’s age, a pool can be potentially dangerous, even life-threatening. If you’re a pool owner with children, consider investing in a pool fence. A fence is more than just a desirable pool accessory; it’s a lifesaving measure.

In various regions of the U.S., pool fences are not merely suggestions but mandatory. Numerous local and state governments enforce rules concerning backyard pools, including the imperative fence installation. If you’re contemplating adding a pool to your backyard, it’s wise to acquaint yourself with these regulations. Even if a fence wasn’t in your original plan, you might discover it’s necessary.

Pool fences offer a broad spectrum of choices in terms of size, shape, design, and style. This variety can be both a benefit for those keen on aesthetics and a relief to those undecided about installing one. A wealth of options means every pool owner can find a fence that aligns with their preference, often making the decision to install one easier.

As highlighted earlier, pool fences exhibit various styles and sizes. To explore the full range, consider visiting a local pool supply store or shopping online. If diversity of choice is paramount to you, online shopping might be the best route. It generally offers a wider selection and the convenience of easy price comparison.

While exploring pool fence options, you’ll likely encounter metal, mesh, wood, and plastic variations. A metal fence might be your top pick if you prioritize durability, attractiveness, and dependability. Its longevity stands out, whereas wooden fences, despite their aesthetic appeal, often require maintenance every few years. Mesh fences, a relatively new innovation, are quickly gaining traction, largely because of their removable feature.

The allure of mesh fences largely stems from their removability, distinguishing them as perhaps the only fences that can be easily taken down. Some plastic fences might also be designed for easy removal, but the more robust versions are less flexible. If you foresee only a temporary need for a pool fence or anticipate relocating soon, a fence that can be swiftly dismantled might be ideal for you.

Beyond fences, there are other safety tools available, notably pool covers. Traditional pool covers were fashioned from light plastic, adequate for cleanliness but not safety. Contemporary designs, however, emphasize safety. The market now offers pool covers with features like netting, heavy-duty mesh, and sturdy vinyl.

Whether you opt for a protective fence or a robust safety cover, the safety of your household and visitors is enhanced. Not only are you ensuring the well-being of your loved ones, but you’re also safeguarding against potential liabilities in the unfortunate event of an accident.

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