March 6, 2008 Issue No. 7

 

Administered by the
Florida Department of
Financial Services

IN THIS ISSUE:

Contractor Requirements

Protecting Openings

Participating Contractors

County Registration

Reminder

Newsletter Index

MSFH Home Page

CONTACT:
1-800-363-5852
contractorinfo@fldfs.com

 
CONTRACTOR REQUIREMENTS UNDER FLORIDA STATUTE

Section 489.126, Florida Statutes, requires that any contractor who “receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must:

(a) Apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances, and

(b) Start the work within 90 days after the date all necessary permits for work, if any, are issued, unless the person who made the payment agreed, in writing, to a longer period to apply for the necessary permits or start the work or to longer periods for both. “

A complete version of Section 489.126, Florida Statutes can be found on the MSFH web site by clicking here.

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TWO WAYS TO PROTECT OPENINGS FROM DEBRIS IMPACT

As a result of continued questions over garage doors and what is reimbursable under the My Safe Florida Home program, please pay special attention to the following information:

There are two ways to protect openings from debris impact. One is to install window and door products designed and tested to meet wind pressure, pressure cycle test, and impact requirements. The other way is to cover the windows or doors with shutters that meet those same requirements.

The MSFH program recommends the installation of impact resistant garage doors and shutters for openings and doors for maximum protection of the home, regardless the home's location in Florida. However, for reimbursement purposes, the shutters or garage door must meet the requirements under the Florida Building Code (FBC) for the wind-borne debris region in the jurisdiction where the home is located. FBC-approved bracing for an FBC-approved wind-rated garage door is also reimbursable under the MSFH program. Homes in Miami-Dade or Broward counties must install impact resistant products approved with a Miami-Dade Notice of Acceptance.

Prior to reimbursement, MSFH reimbursement staff will review the approval on the FBC website and will look for the following responses under "Limits of Use":

  • Approved for use in HVHZ: (yes where applicable)
  • Approved for use outside of HVHZ: Yes
  • Impact Resistance: (yes where applicable)
To learn whether a product has received approval by the Florida Building Code or the Miami-Dade Building Code, visit the organizations' respective websites at:

Florida Building Commission: http://www.floridabuilding.org/c/default.aspx -- Click on “Product Approval” and choose among your menu options.

Miami-Dade Building Code: www.miamidade.gov/buildingcode/ -- Look for the Search Approved Products tab under Product Control on the site’s menu.

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PARTICIPATING CONTRACTORS AGREEMENT – NEW LANGUAGE

The MSFH program has added some additional language to the participating contractors agreement regarding payment schedules and rebates/discounts that the homeowner may receive.

B. The Overall Process; Reimbursement Requests and Payments

9) The Homeowner and the contractor may agree to a price for the work that is mutually agreeable to both parties.

The Participating Contractor and Homeowner may agree to any schedule for payment; however, grant funds will not be paid by the Department until all work for that improvement item (i.e. all windows or all doors) under the grant has been completed.

The amount charged by the Contractor to the Homeowner must include any rebates, discounts or other reduced fee arrangements in which the Homeowner may recoup funds after any payment is made.

http://www.mysafefloridahome.com/images/PARTICIPATIONAGREEMENT_121007.pdf

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LICENSES – PARTICPATING CONTRACTORS MUST REGISTER IN THE COUNTIES THAT THEY ARE PROVIDING SERVICES

Please note that in some counties even contractors who hold a state license are required to register with a county to pull permits. Contractors should be registered in all counties where services are provided as required by the participation agreement.

C. Licenses & Permits

1) Participating Contractor understands that they are not in any way released or exempted from the usual limitations as to the scope of work they may contract or perform under their contractor license(s). Participating Contractor agrees to contract and perform only such work in the Program as is properly within the scope, both geographically and by type of work, of Participating Contractor’s existing contracting license(s).

2) Participating Contractor understands that work done under Program grants is subject to all local building department permit and inspection requirements. Participating Contractor will comply with all applicable building department permit and inspection requirements.

http://www.mysafefloridahome.com/images/PARTICIPATIONAGREEMENT_121007.pdf

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IMPORTANT NOTICE: PUBLIC RECORDS REQUESTS

Homeowners continue to contact the My Safe Florida Home program with complaints about solicitations from participating contractors. The program would like to remind contractors that unwanted solicitations, especially emails and phone calls are not well received by homeowners. Furthermore, the program does not condone these types of solicitations and exploitation of homeowners’ personal information.

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REMINDER

If you would like to be removed as a participating contractor from our list, please email Barbara Williams at Barbara.williams@fldfs.com

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GLOSSARY
OF TERMS:

Application number - is the My Safe Florida Home application number

SF - Square feet

Material Cost - is the cost you charge the homeowner for the materials used

Participating Contractor # - is the number assigned to you by DFS. You can find this number on your entry on our List of Participating Contractors.

Permanently Deployed – A type of replacement unit that is hurricane impact rated such as hurricane impact windows, impact garage doors and exterior impact rated doors that are always in place on the structure.