Whether it is a right to compensation, change order, time extension, or otherwise, it cannot be relegated just to legal professionals or litigation proceedings. By the time construction professionals reach a lawyer, a substantial portion of claims preservation requirements have already been triggered. Construction professionals who overlook these requirements can lose their rights.
This seminar covers:
In his first Inaugural Address, President Thomas Jefferson said that “a wise and frugal government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government.” If 2023’s Legislative Session had a theme, perhaps this was it. Florida’s representative government listened to the will of its people who sought freedom of thought, speech and religion, freedom from oppressive taxes and fees, and freedom for their commercial enterprises. No government perfectly answers the call of all its constituents, yet the calls are near perfectly answered when those elected to serve us choose these themes over all others. Having spent a month in our state capital during this year’s session, as I do every year advocating for the construction industry, I observed this very sentiment at work. It was our government’s dedication to this high purpose that made this session so much different than many others. I hope this legislative briefing will enlighten you as I remain humbly at your service.
Sincerely,
Justin Zinzow
By: Karen Leonardo, Real Estate & Closing Attorney at Zinzow Law.
In Yesteryears, it was sweat and back-breaking hard work that allowed your name to be put on the deed to the 160 acres you could call a homestead, but those days are many decades in the past. Today, however, the homestead has a slightly different meaning. You may not be working the land in the traditional sense; you may be raising a family on a quiet cul-de-sac or living out your golden years in a condo near the beach; in Florida, your homestead is where you lay your head at night and live out your life. It is the American Dream. So, it is vital as a realtor or mortgage broker that you remind or educate your clients about Florida’s Homestead benefit and its deadlines.
The following is a take and paste reminder to share with your new Floridian Homesteader Clients, Neighbors, and Friends! Those who take advantage will thank you for the tax savings for years to come! Out-of-staters or first-time homebuyers are often unaware of the ability to file for a homestead tax exemption in the Sunshine State. This reminder may prove useful to anyone who established a new permanent home in Florida as of January 1, 2022 – including those Floridians who relocated to a new home within the State and are unaware that homestead exemptions do not automatically carry over to a new property.
Beat the rush and start the process to apply for your homestead tax exemption now! The deadline is March 1, 2022, but do not delay. Every county in Florida has its own property appraiser. Each office can have varying requirements to prove your new permanent residency, potentially creating additional steps that must be completed before submitting your application.
The best place to start gathering information is your County’s Property Appraiser’s Office and not the tax collector’s office. You can do this on their website or in person. Access to the recorded deed will be necessary to gather some of the required application information. If your title company has not mailed the original deed yet, or if it has been misplaced, you can access a copy by searching for your property through the property appraiser’s website or searching your name in the county’s official records online.
Commonly requested proof of residence includes your Driver’s license with the updated address, evidence of relinquishing your out-of-state Driver’s license, Florida vehicle tag number, Florida voter registration number, proof of payment of utilities, and bank account mailing address.
Closer to the deadline, lines can get hours long if filing in person, and the online registration process can get bogged down – and after last year’s surge in residents, who knows what to expect! So beat the rush and save some time and money by filing online or taking a trip down to your county’s government center to get ahead of the curve.
America’s Founders in 1776 desired change – change in their government and the laws affecting them and their businesses. They used the power of the pen to craft a representative government where positive change could be made by those willing to serve at the forefront of issues facing their community.
Construction is our community, and we have always served at the forefront of positive change, particularly legislative change. Our legal professionals serve on and participate in legislative committees of the Florida Bar and the major construction trade associations, such as Florida Homebuilders Association and Associated Builders and Contractors.
We are a part of the bill drafting process and speak with legislators and their staff about important issues affecting the construction industry. We do not sit on the sidelines, complain about the process, and wait for a response; we go on the offensive to take action.
On November 2, 2021, Senator Hutson from District 7 filed a Senate bill known as SB 736. This bill can bring much needed change to the Construction industry as follows:
Amends the Florida Construction Defects Statute, specifically § 558.004 Fla. Stat., by adding the following provisions:
Requires a claimant who rejects a settlement offer to include the reasons for rejecting the offer within the notice rejecting the offer. The claimant must identify any items that were omitted from the offer and state in detail all known reasons why the claimant believes the settlement offer is unreasonable.
Allows the person served with a notice of rejection of a settlement offer 15 days to make a supplemental offer and requires the claimant to serve a notice of rejection of this supplemental offer, including reasons for the rejection.
If passed by the legislature, it is important to note these amendments are effective for any action commenced on or after July 1, 2022. However, with respect to any action that would not have been barred under § 95.11(3)(c) Fla. Stat., which is the discovery rule statute of limitations for latent construction defects or 10-year statute of repose, such an action must begin on or before July 1, 2023.
We are encouraged at Team Z, as we see the potential for positive change for our clients. SB 736 is a piece of that potential change, despite being only in its earliest form of a pre-filed bill. Every year, there are competing, and complimentary bills filed. This bill has to make it through the legislative process, as bills advance, modify, negotiate, or die in committee, on its journey to make it to the governor’s desk to be signed into law. Team Z will do all we can to stand for our clients and for their pursuit of happiness.
If you would like more information about the pending legislation, or what you can do to protect your construction company from construction defect claims, Zinzow Law is here to help. We protect those who Build America.