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LEGISLATIVE UPDATE

Writ of Possession/Expedited Evictions

SB 426/HB 291

FAA's top legislative priority was allowed to die in committee due to strong opposition from the Florida Sheriff's Association.  The legislation would have allowed professional process servers to deliver the writ of possession. 

 

Manual Fire Alarm System Retrofits

HB 1195

FAA attached an amendment to a bill addressing the Florida Fire Prevention Code.  The amendment confirms an action by the 2010 Legislature exempting multi-family residential buildings that are less than four stories and have an exterior corridor from installing a manual fire alarm system.  The bill passed on May 3 and awaits the Governor's signature.

 

Property Tax Assessment Cap

HJR 381

This proposed constitutional amendment lowers the annual cap on assessment increases for non-homestead properties to 5%, more in line with the 3% cap provided to single-family homeowners through the "Save Our Homes" homestead exemption.  The constitutional amendment will appear on the November 2012 ballot.  The proposed amendment also extends to first-time homebuyers a temporary, bonus homestead exemption.  It would also modify the "Save Our Homes" provision by allowing tax assessors to adjust their tax rates downward when market values decrease.

 

Funding for Affordable Housing Projects

HB 639

Once enacted, this legislation would "scrap the cap" on the amount of revenue that can go into the Sadowski Affordable Housing Trust Fund.  FAA has advocated for this legislative action for several years.  However, what the Legislature gives, it also takes away.  In order to balance the budget, the Affordable Housing Trust Fund revenues were swept into General Revenue for the third year in a row.  In addition, beginning in 2012, the first $75 million in Affordable Housing Trust Fund revenues will be diverted to SEED, the Governor's new economic development and job creation fund. 

 

Light-frame Truss-type Construction Signage

SB 1308/HB 957

This legislation also died in committee.  It would have allowed apartment communities with this type of construction to alert firefighters with signage at community entrances.  Current law requires signs to be affixed near every unit doorway.

 

Illegal Immigration

SB 2040

Legislation did not pass which would have required employers to utilize the federal e-Verify program to determine employment eligibility.  The e-Verify program has been proven to be unreliable, expensive, and inaccurate.  The apartment industry is concerned the next step would be to require property managers/owners to verify the immigration status of prospective residents.   


NEW FIRE CODE REQUIREMENTS

69A-60.008 Notice Required for Structures With Light-frame Truss-type Construction.

(1) Purpose: The purpose of this rule is to require the placement of an identifying symbol on structures constructed with a lightframe

truss component in a manner sufficient to warn persons conducting fire control and other emergency operations of the

existence of light-frame truss-type construction in the structure.

(2) Definitions.

(a) “Light-frame truss-type construction” means a type of construction whose primary structural elements are formed by a

system of repetitive wood or light gauge steel framing members.

(b) “Approved symbol” means a Maltese Cross measuring 8 inches horizontally and 8 inches vertically, of a bright red

reflective color, designed in accordance with Figure 1.

(3) Any commercial, industrial, or multiunit residential structure of three units or more, which uses horizontal or vertical lightframe

truss-type construction in any portion shall be marked with an approved symbol. Townhouses are not multiunit residential

structures and therefore not subject to this rule. Each approved symbol shall include within the center circle one of the following

designations:

(a) Structures with light-frame truss roofs shall be marked with the letter “R”.

(b) Structures with light-frame truss floor systems shall be marked with the letter “F”.

(c) Structures with light-frame truss floor and roof systems shall be marked with the letters “RF.”

(4) The approved symbol shall be placed within 24 inches to the left of the main entry door and:

(a) Be permanently attached to the face of the structure on a contrasting background, or

(b) Be mounted on a contrasting base material which is then permanently attached to the face of the structure.

(5) The distance above the grade, walking surface or the finished floor to the bottom of the symbol shall be not less than 4 feet

(48 in.).

(6) The distance above the grade, walking surface or the finished floor to the top of the symbol shall be not more than 6 feet (72

in.).

(7) In single tenant structures with multiple main entry doors, such as big box retail stores, department stores and grocery stores,

the authority having jurisdiction is authorized to require that other main entry doors of the structure be marked with an approved

symbol to carry out the purpose in subsection (1) above.

(8) In Multiple tenant structures and covered mall structures with multiple main entry doors, the authority having jurisdiction is

authorized to require that other main entry doors of the structure be marked with an approved symbol to carry out the purpose in

subsection (1) above.

(9) In multiple tenant structures and covered malls with multiple main entry doors, the authority having jurisdiction is

authorized to require that other main entry doors be marked with an approved symbol to carry out the purpose in subsection (1)

above. In such structures, approved symbols shall be marked on one side of the structure only and spaced not closer than 100 feet or

at each end of the structure when such structure is less than 100 feet in length.

(10) The owner of each new structure required to comply with this section shall mark the structure with the approved symbol

prior to receiving a certificate of occupancy.

(11) The owner of each existing structure required to comply with this section shall mark the structure with the approved

symbol within 90 days of the effective date of this rule.

(12) Where the owner of the structure and the authority having jurisdiction disagree as to the use of light-frame truss-type

construction within the structure, the owner shall be granted not more than 45 days to provide written verification from a licensed

engineer or licensed architect; otherwise, the owner shall comply with the rule.

Figure 1:

Light-frame “Roof” only

Light-frame “Floor” only

Light-frame “Floor & Roof”

Rulemaking Authority 633.01(1), 633.022, 633.0215, 633.027(2) FS. Law Implemented 633.01, 633.022, 633.021,

633.027 FS. History–New 12-13-09.


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