Firesafety Standards F.S. 633.208 Minimum firesafety standards. This bill added the following to this statute: (2) (b) If a municipality, county, or special district determines that the building plans for a building permit application do not comply with the Florida Fire Prevention Code or the Life Safety Code, or local amendments thereto, the local fire official must identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the determination is based, and provide this information to the permit applicant. (c) After a municipality, county, or special district issues a building permit, it may not make or require any substantive changes to the building plans except those required for compliance with the Florida Fire Prevention Code or the Life Safety Code, or local amendments thereto. If a municipality, county, or special district makes or requires substantive changes to building plans after a permit is issued, the local fire official must identify the specific plan features that do not comply with the Florida Fire Prevention Code or the Life Safety Code, or local amendments thereto; identify the sp ecific code chapters and sections upon which the finding is based; and provide this information to the permitholder. (d) A local fire official who is also a certified firesafety inspector and who fails to comply with paragraph (b) or paragraph (c) is subject to disciplinary action against his or her certificate under s. 633.216(5)(f). ● Expands application of an assignment of rents to apply to a successor landowner and adds that regular association fees (e.g., homeowner association, condominium, or cooperative association) may be paid from the rent collected. An assignment of rents (if authorized by the mortgage terms) is a temporary relief allowing a foreclosing lienholder to collect rents from the property during the pendency of the foreclosure case and use those rents for upkeep of the property. ● Expands application of an order to show cause procedure in foreclosure law to allow use of the procedure when a successor landowner is being foreclosed. The current order to show cause procedure compels the defendant to either resume making regular payments or vacate the premises but is only applicable when the mortgagor still holds title to the property. Reference : F.S. 702, Foreclosure of Mortgages and Statutory Liens. ● The time is reduced for an insurance company to begin investigation of a claim from 14 days to seven days. ● The time for an insurance company to conduct a physical inspection is reduced from 45 days to 30 days and this applies to hurricane claims as well. ● Insurance companies may use electronic methods to investigate damage and allow policyholders to participate in the use of such methods. ● Insurance companies are required to send any adjuster report estimating the damage to the policy holder within seven days after it is created. ● All undisputed amounts of benefits must be paid out to the policyholder within 60 days rather than the previously existing 90 days.
codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the local enforcing agency. If the building code administrator, plans examiner, or inspector requests another local enforcing agency employee or a person contracted by the local enforcing agency to review the plans and that employee or person identifies specific plan features that do not comply with the applicable codes, the building code administrator, plans examiner, or inspector must provide this information to the local enforcing agency. (2)(a)4. (b) After the local enforcing agency issues a permit, the local enforcing agency may not make or require any substantive changes to the plans or specifications except changes required for compliance with the Florida Building Code, the Florida Fire Prevention Code, or the Life Safety Code, or local amendments thereto. If a local enforcing agency makes or requires substantive changes to the plans or sp ecifications after a permit is issued, the local enforcing agency must identify the sp ecific plan features that do not comply with the applicable codes, identify the sp ecific code chapters and sections upon which the finding is based, and provide the information to the permitholder in writing. (c) 1. A plans examiner or inspector who fails to provide the building code administrator with the reasons for making or requiring substantive changes to the plans or sp ecifications is subject to disciplinary action against his or her certificate under s. 468.621 (1)(i). This bill makes a technical change to the statute authorizing electronic signatures. Clarifies the term “ witness ” to mean an individual whose electronic signature is affixed to an electronic record to attest or subscribe to a principal’s signature on such record. This definition applies retroactively to January 1, 2020, the effective date for most of the statutory provisions for online notarization. Regarding statutes governing foreclosures on mortgages and liens, the bill: Legal Instruments [Chapter 2023-215, SB 286, Effective July 1, 2023] Summary ● Expands the scope of existing law on the finality of a clerk’s deed following foreclosure sale to apply to any form of lien. ● Requires the foreclosure court to award attorney fees to a senior lienholder when a junior lienholder wrongfully tries to foreclose a senior lien. Reaffirms the common law rule that a superior lien may not be foreclosed by a junior lienholder. Insurance: Property Insurance [Chapter 2022-271, SB 2-A, Effective March 1, 2023] Summary Portions of act approved December 22, 2022; March 1, 2023 Reinsurance. The state of Florida provided for an optional hurricane reinsurance that insurance companies can purchase at reasonable near market rates with the goal being to stave off additional premium increases. Timeline Reductions ● The claim filing deadline is reduced from two years to one year for a newly reopened claim and from three years to 18 months for a supplemental claim. ● The time is reduced for insurance companies to pay or deny claims from 90 to 60 days. The time is reduced for insurance companies to review and acknowledge a claim communication from 14 days to seven days.
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Book Code: CAMFL1524
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