[CLC-Discussion] SB 674

Jeffrey Price jeff at npw-law.com
Thu Feb 21 11:30:51 PST 2019


  1.  Good job everyone on rejecting HB911. A comment was made that we might offer some other things we would be against, but that was rightly dismissed. I believe our group possesses the most power by exercising the least power. If we propose, uninvited, opinions on laws, I fear we will not be asked our opinions in the future. Our value lies in being "above the fray." Much like a court refusing to answer advisory questions. Advocacy can be left to individuals or the Bar itself.



While I am sure that all my ideas for laws, rules and regulations are sane and for the good of all and should be emphatically endorsed by this committee - I'm just not sure about your ideas.



  1.  I believe Pete should track SB674 and any other proposal that affects the substantive issues of contracting, construction and licensure as we commonly understand it.
Pete's a smart guy and can weed the wheat from the chaff. Let Pete be Pete.


  1.  As for SB 674: Since this came from a Panhandle Senator, being charitable, I suppose the change in the law to allow a GC to use unlicensed trades is an effort to address the hurricane emergency in the Panhandle. There is lots of work and companies are spread thin - so let out-of-state subs work under a GC's license.



But this means we codify an emergency licensing exception throughout the state.

If passed it would clearly become an end run around licensing by GC's looking to get an edge on project costs.

Bubba' Unlimited General Contracting, LLC (BUG) holds a Florida CGC license.
BUG wants to bid a job that involves a roofing line item but can't find a Florida licensed roofer for a low price.
So, BUG gets the idea to use Alabama Poultry and Excavating Inc., (APE) as the roofing subcontractor.
APE became licensed in Alabama through reciprocity with Ark, Miss, LA or TN (not sure which, but there was no test and limited scrutiny as to history)
Or, BUG created APE as a subsidiary in 'Bama and that means absolutely no test for roofing due to Alabama licensing laws.
Either way, BUG now gets to undercut every Florida GC using Florida licensed subs under this change via SB674.
How long until that Alabama sub is just a shell? Or the BUGs add Plumbers, HVAC and Electricians?
The loser is every Florida Subcontractor who did the right thing by following our rules and every consumer that is infected with the BUG/APE model.

I ask you, how does this bill promote Fl. Stat. 489.101:
"Purpose.-The Legislature deems it necessary in the interest of the public health, safety, and welfare to regulate the construction industry."


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