NUCA OF FLORIDA |
1 . Pay employees a predetermined amount of wages or prescribe any wage rate ;
2 . Provide employees a specified type , amount , or rate of employee benefits ;
3 . Control , limit , or expand staffing ; or
4 . Recruit , train , or hire employees from a designated , restricted , or single source .
Additionally , the state or any political subdivision that contracts for a public works project may not prohibit any contractor , subcontractor , or material supplier or carrier able to perform such work who is qualified , licensed , or certified as required by state law to perform such work from submitting a bid on the public works project or being awarded any contract , subcontract , material order , or carrying order .
D . Lien Law : SB 734 by Powell / HB 685 by Leek This legislation revises the recording of a notice of termination of an improvement to real property by clarifying that an owner may record a notice of termination at any time whether or not construction ceases before completion . However , if the notice is recorded before completion of construction , the notice may be recorded only after the owner has served notice on the contractor and all lienors and the contractor and
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all lienors giving notice have been paid in full or pro rata in accordance with s . 713.06 ( 4 ) for all labor , services , and materials provided through the effective date of the notice of termination .
E . Statute of Repose Start Time : SB 2014 by Passidomo / HB 377 by Leek Brought forward by Associated Builders & Contractors ( ABC ), SB 2014 and HB 377 clearly define what the trigger is for the statute of repose . HB 377 was amended in H . Civil Justice & Claims Subcommittee to clarify completion of the contract for purposes of the statutes of limitations and repose is the latter of the date of completion of services contracted for or the date final payment for services becomes due . The amendment also provides that the change applies to causes of action that accrue on or after July 1 , 2017 .
F . Construction Defects : SB 1164 by Passidomo / HB ( TBD ) by Trumbull A top priority for the Florida Home Builders Association ( FHBA ), these bills tweak Chapter 558 , F . S ., relating to Notice and Right to Repair for construction defects . Specifically , the intent of the legislation is for all parties ( homeowner , building owner , contractor , subcontractor , supplier and insurance carrier ) to be fully aware of his or her remedies under the law by :
1 . Requiring mandatory notice
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to and acknowledgment from the homeowner of the risk and benefits of accepting or rejecting repair offers and for the owner to sign the notice to contractor and rejection of offer to repair ;
2 . Require the claimant or his or her agent to attend the inspection to identify the location of the alleged construction defects ;
3 . Require the contractor to notify the subcontractors that a notice from the owner has been served ; and ,
4 . Add mandatory , nonbinding pre-suit mediation to the Chapter 558 , F . S . process .
G . Pollution Spill Legislation : SB 532 by Galvano / HB ( TBD ) by Peters SB 532 and its companion are in direct response to the pollution spills this past year with the Mosaic Company site and the City of St . Pete ’ s wastewater discharge in Pinellas County and attempt to create a more sensible approach for notification when bad things happen . Last fall , Governor Scott issued an emergency rule via Executive Order changing the manner in which the property owners , neighbors and the media are notified in cases of reportable spills . The Department of Environmental Protection likewise issued a rule that would have required mass communication notice to the media within 24 hours along with risk assessment and further notification with 48 hours from the
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