 Government Affairs
Government Action Updates
New Building Marking Requirements
By Jeff Rogo, BAAA Government Affairs Director
In December, the State of Florida Fire Marshal’s Office adopted a new requirement for most buildings. The new rule requires the placement of a sign to warn firefighters upon entering a building that the roof and/or floors of a structure incorporate light-frame truss-type construction. Most every garden-style apartment building features this type of construction – “the primary structural elements are formed by a system of repetitive wood or light gauge steel framing members”.
The rule states – “Any commercial, industrial, or multiunit residential structure of three units or more, which uses horizontal or vertical light-frame, truss-type construction in any portion shall be marked with an approved symbol.” Townhouses are not considered subject to this rule.
The “approved symbol” is a Maltese Cross” measuring 8 inches horizontally and 8 inches vertically, of a bright red reflective color.” See the three symbols below. Structures with light-frame truss roofs should be marked with the letter “R.” Structures with light-frame truss floor systems should be marked with the letter “F.” Structures with both a light-frame truss roof and floor system should be marked “RF.” I recommend that you confirm the structural components of your building(s) by reviewing the architectural or engineering drawings.
The symbols must be placed within two feet, to the left, of the main entry door. The typical apartment building might be considered to have several “main entry doors” and therefore would require multiple signs.
I recommend that you contact your local fire department and ask for the fire marshal or building inspector. Ask your local fire official to confirm that your building structure meets the definition of “light-frame truss-type construction.” Also, confirm the proper placement and number of the required signs/ symbols.
Existing buildings must comply with this new rule before March 13, 2010.
Government Action Update (June 2009)
The Money You Will Save
by Jeff Rogo, Government Affairs Director
The extended 2009 Florida Legislative Session ended on May 8. The outcomes were very positive for the apartment industry.
$12.4 Million Eviction Filing Fee Reduction
On July 1, the eviction filing fee will be reduced from the current charge of $265.00 to $180.00. So, the court clerk cost for an eviction will be $85.00 less next month, almost a third less. The State of Florida estimates this fee reduction will result in a statewide, annual savings of $12.4 million.
BAAA leaders – Lori Krull, Marc Rosenwasser, and Dave Watkins – started the ball rolling last September when they met with Senator Victor Crist (R-Tampa), Chairman of the Criminal & Civil Justice Appropriations Committee. Senator Crist acknowledged that the 2008 fee increase was unjustified and a reduction was in order. He remained the apartment association’s “champion” throughout the session, sponsoring the legislation that was approved on the session’s final day.
Remarkably, the eviction filing fee is the only court fee to be reduced. With the State mired in an ongoing budget crisis, the Legislature was forced to raise fees and cut costs in order to present a balanced budget to the Governor.
Domestic Violence Victim Protections
Again this year, the Florida Coalition Against Domestic Violence proposed legislation providing rental housing protections for the victims of domestic violence. Again this year, the Florida Apartment Association lobbying team of Ron Book and Kelly Mallette found themselves in the difficult position of having to work against the initiative. The House bill was never heard in a committee. The Senate bill was heard in only one and never reached the Senate floor.
The legislation was problematic for the apartment industry because it created a new “protected class” at application for a lease. The bill’s other provisions allowed a victim to terminate a lease early and enabled the victim to change locks.
The Florida Apartment Association will continue to explain to the domestic violence victim advocates the industry’s concerns with the initiative, if the advocates choose to try again to pass legislation.
Mortgage Foreclosure Action
Several bills were introduced this year providing protections for renters of single-family homes where the owners are facing foreclosure. Legislators heard many stories of renters who were evicted on short notice when the bank or new owner chose to take possession of the home. The bills created notice requirements, early termination provisions, and security deposit assurances. The well-intentioned legislation had several negative consequences for the owners and managers of multi-family apartment communities.
Apartment industry representatives were “at the table” during discussions of these bills hosted by the Senate Judiciary Committee staff. The legislative aides heard the industry’s concerns and amended the legislation to FAA’s satisfaction. However, time ran out and the bills did not advance and were not enacted this year.
Other Legislation Approved This Session
Senate Joint Resolution 532 passed on May 1. It will place a proposed constitutional amendment on the November 2010 ballot for consideration by the voters. The amendment would reduce the non-homestead property assessment cap from 10% to 5% in 2011.
House Bill 521 addresses the presumption of correctness of the property appraiser. It makes it easier for rental property owners and other businesses to challenge property tax assessments.
I take this opportunity to thank the many leaders of the Bay Area Apartment Association who took the time to travel to Tallahassee in March and “lobby” for the apartment industry’s priority issues. The successes listed in this column are the result.
Requirements (January 2009)
At last month’s Florida Apartment Association Legislative Committee meeting, attendees benefited from a discussion of fire and life safety codes with the Fire Marshals from Orange County and the City of Altamonte Springs. Orange County Fire Marshal Dan Kucik shared a memo he had distributed to apartment owners and management within his jurisdiction. He asked the owners and managers to evaluate their structures to make sure they comply with requirements in the Florida Fire Prevention Code.
Smoke-Free Apartments (February 2009)
Early last month, I received a phone call from a courteous resident of an apartment community in St. Lucie County (on Florida’s east coast). He was disturbed because the manager of his community was unwilling to designate any building on the property to be smoke-free. The property manager told him that was impossible because she was fearful of violating the Fair Housing Act. She believed that creating smoke-free buildings would somehow be construed as discrimination against smokers.
Reasons To Get On the Bus (March 2009)
If you are looking for reasons to “get on the bus” and participate in the FAA Legislative Conference in Tallahassee, March 24-25 ... read on. FAA has identified its priority issues for the 2009 legislative session which gets underway on March 3. Your involvement is needed to explain to legislators the impact of the increased eviction filing fees, the apartment industry’s desire to protect domestic violence victims and their neighbors, and the unintended consequences of legislation addressing foreclosure actions. The February 5 FAA Legislative Committee meeting featured discussion, deliberation, debate, and decisions on these issues and more.
Government Affairs Articles 2008
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