Florida Homeowners’ Construction Recovery Fund Receives Additional Funding

Picture-28Pursuant to House Bill 57 (2013), the Department of Business and Professional Regulation will be permitted to transfer additional funds in the to Florida Homeowners’ Construction Recovery Fund (Recovery Fund) to pay outstanding recovery claims during the 2013-2014 fiscal year. Based on the additional funding, Governor Rick Scott and the Florida Legislature have approved an $8 million dollar annual appropriation for payment of Recovery Fund claims.

Due to the previous economic downturn in the construction industry, the Recovery Fund received insufficient funds to pay all Florida Homeowners’ Construction Recovery Fund claims in the same years that they were received. The Department is diligently working to resolve the resulting backlog of recovery fund claims and will make payments as funds become available. The Recovery Fund has a total of 589 completed claims awaiting review by the Construction Industry Licensing Board (CILB) with a total approximate value of $13,153,267.45. DBPR anticipates that the additional appropriation will permit 364 outstanding claims to be presented to the CILB for approval and payment.

YA…We can pay 61% of the claims! Why?  I’m not sure but it’s GREAT!

Refusing to hire smokers

cigarettesjustice180_0The Florida Supreme Court has ruled that a public employer can legitimately refuse to hire smokers. The City of North Miami implemented a policy in 1990 that required job applicants to sign a sworn statement that they had not smoked for at least a year prior to their application for employment with the city. One job applicant challenged the policy in court after she was not hired by the city as a clerk-typist because she had refused to sign the statement. The applicant claimed that the policy violated her Florida constitutional rights by prohibiting her from smoking in the privacy of her own home. The Supreme Court held that the policy could be enforced because the applicant did not have a legitimate expectation of privacy concerning smoking given the variety of ways in which smoking is prohibited in public. The Court reasoned that the multitude of existing smoking regulations had essentially reduced an individual’s expectation of privacy on the issue of smoking when applying for a government job. The Court was not willing to expand the decision to private employment. However, to date, smokers in Florida have no statutory protection. Employers can refuse to hire applicants who smoke. Likewise, most employers, subject to a few exceptions, can ban smoking on their premises if they choose, including outdoor areas.

Thank You Gov. Rick Scott!

Portrait of evil - Gov Rick Scott“TALLAHASSEE, Fla. – Governor Rick Scott and the Department of Business and Professional Regulation’s (DBPR) Division of Certified Public Accounting today announced it awarded nearly $200,000 in scholarships to minority students studying to become certified public accountants at colleges and universities throughout Florida.”

Now you could have given the scholarships to the MOST deserving students huh? Let’s discriminate and give it to certain individuals that MAY deserve it less than others. Please tell me I’ll have another chance of NOT voting for you? You’re a republican and have been screwing minorities forever…oh… wait… election is coming up. That always explains so much.

Updated Home Inspectors Information – Nov. 2013

On October 22, 2013, Rule Chapter 61-30, Florida Administrative Code (F.A.C.), became effective. These rules, along with Chapter 468, Part XV, Florida Statutes, are the result of many coordinated efforts between the Department and industry stakeholders and are now final. Some parts of the pre-licensing and continuing education programs for home inspectors have changed as a result of these new rules. Some key changes are detailed below:

  • 1. Per Rule 61-30.501, F.A.C., the fee to renew or obtain a new provider license was reduced from $500 to $250.
  • 2. Per Rule 61-30.503(5)(b) and (5)(c), F.A.C., the 14 hours of continuing education required for licensed home inspectors must include 12 hours based on the components of a home as described in the rule, as well as 2 hours of instruction regarding hurricane mitigation training. Courses approved prior to October 22, 2013, will meet the existing education requirements for the 2014 license renewal cycle, but will not be renewed after the course’s expiration date. If a provider desires to continue offering the continuing education course after it expires, the provider will be required to submit a new course application that complies with the new requirements.
  • 3. Per Rule 61-30.503(6), F.A.C., the course topics included in the initial 120-hour pre-licensure education course must be based on the components of a home as described in the rule, and no longer include a live, field-based component. Courses approved prior to October 22, 2013, will continue to be accepted but will not be renewed after the course’s expiration date. If a provider desires to continue offering the pre-licensure education course after it expires, the provider will be required to submit a new course application that complies with the new requirements.
  • 4. Per Rule 61-30.503(9)(a), F.A.C., all instructors must hold active or inactive licenses as home inspectors. Unlicensed individuals may not serve as instructors for any approved course.

PASSED The First Attempt!

Rich I just wanted to drop you a note letting you know I passed both Builder exams Saturday. I spoke to yourself and Jeff a couple times early in the game. I was down to 5 weeks out and never cracked the books. You said 5 hours a day and 8 on the weekends should get the job done. I walked into the exam with 150 hours crammed into 5 weeks after working my job. Thank you for your passion of teaching. Next I will tackle the Business portion after a short time of catching up with household chores and reintroducing myself to my Wife after a long 5 weeks. Could not have done it without you guys.

I love the online options

Curt MCcluckie

Unlicensed Activities

Here in Florida, after a storm or natural disaster strikes, unlicensed construction activity may increase as clean-up begins. Consumers should always ask to see the State of Florida professional license, which can be verified online at www.myfloridalicense.com or by calling 850-487-1395. Consumers should also avoid paying cash or writing checks to an individual, especially when the work is being done through a company.

If unlicensed activity is suspected, consumers within Florida should call 1-866-532-1440 or email ULA@myfloridalicense.com to report it. Any person who acts as an unlicensed contractor during a state of emergency as declared by executive order of the Governor is committing a third-degree felony.

Grandfathering of Registered Electrical Contractor’s Licenses

eclbHouse Bill 269, which passed during the 2013 legislative session, was approved by Governor Rick Scott on June 14, 2013. This bill will re-open and extend the time period for electrical, alarm, and specialty electrical contractors to request that their registered contractor’s license be grandfathered to a state wide certified contractor’s license. The time period requesting grandfathering of registered licenses has been extended until November 1, 2015. The re-opening of the grandfathering time period will take effect on July 1, 2013. Registered contractors may submit their application for grandfathering of their licenses beginning July 1, 2013.

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