UUCF/Andrew Scott Johnson Memorial Scholarship Foundation
 
 

Governor Crist signs three construction related bills into law
 
Governor Charlie Crist has recently signed three construction related bills into law.  SB 982 makes changes to the Underground Facility Damage Prevention and Safety Act, Chapter 556, Florida Statutes.  HB 1157 makes several changes to the Local Government Prompt Pay Act, Chapter 218 Florida Statutes.  HB 7157, which includes the rewrite of the direct purchase provisions for construction materials on public projects found in Chapter 212 Florida Statutes.  The changes to “One Call” and the Local Government Prompt Payment Act were priorities for UUCF this session.  The rewrite of the direct purchase of construction materials culminates a ten year effort by UUCF and other construction industry groups to streamline the current antiquated and burdensome tax exempt system.  See additional information on these bills below.
 
Governor Charlie Crist also has taken final action on the state’s $70 billion budget.  In doing so he has vetoed $371 million in projects that he says did not receive “adequate open and transparent review” in the state budget. Among the vetoes was a $160-million sweep of the state Transportation Trust Fund which UUCF had joined in with the Florida Transportation Builders Association (FTBA) and other business groups in calling for the veto.  Thanks to all who contacted the Governor, it was through your effort that the construction industry was able to secure this VETO and removing this jobs roadblock.  Also included in the budget:
  • $6.3 million for water quality programs vital to the preservation of Florida's springs, rivers, lakes and wetlands
  • $13.6 million for Small Disadvantaged Wastewater Treatment Facilities Grant Program
  • $99.7 million for Drinking Water Facility Construction Revolving Loan Program
  • $171.6 million for Wastewater/Stormwater Treatment Facility Construction Revolving Loan Program
SB 982 Relating to Underground Facility Damage Prevention & Safety          Bennett Underground Facility Damage Prevention & Safety Act:  Prohibits municipalities, counties, districts, and other local governments from enacting ordinances or rules that conflict with Chapter 556, F.S.  Provides that if an excavation is proposed within 15 feet of a high-priority subsurface installation and is identified as such by the facility operator, the facility operator must notify the excavator of such installation and mark its location before excavation may begin, adopts low impact marking provisions to minimize the amount and duration of paint on the ground and must develop a voluntary alternative dispute resolution process for disputes resulting from excavation activities, etc. 
Effective Date: 10/01/2010.
Approved by Governor: 5/26/2010
Chapter No. 2010-100
 
HB 1157
Relating to Local Government Prompt Payment Act           Eisnaugle
Local Government Prompt Payment Act:  Revises definitions; revises provisions relating to timely payment for purchases of construction services; requires that dispute be resolved according to procedures in contract; prohibits assessment of damages against contractor if list of items remaining to complete is not timely provided to contractor; revises provisions relating to resolution of disputes concerning improper payment request or invoice; provides that local governmental entity waives its objection in payment dispute if it fails to commence dispute resolution procedure within time required.
Effective Date: October 1, 2010    
Approved by Governor: 5/26/2010
Chapter No. 2010-111


 
HB 7157
Relating to Taxation Finance & Tax Council


Taxation: Revises & creates various provisions of law relating to DOR's authority & duty to collect state taxes & administer & enforce state's tax laws; revises provisions excluding certain sales of tangible personal property to contractors from application of exemption for sales made to governmental entities under certain circumstances; repeals provisions relating to monitoring & reporting on use of tax deduction claimed by international banking institutions.
Effective Date: upon becoming a law.
Approved by Governor: 5/27/2010
Chapter No. 2010-138