Northeast Florida Builders Association invited Rep. Frank Artiles to a luncheon in North Florida to meet industry leaders. Artiles sponsored House Bill 1013, which protects homebuyers and home builders from frivoulus lawsuits and inflated prices as a result of “implied warranties”. Trial lawyers were trying to sue home builders for amenities outside their homes such as damaged roads.
Despite heavy lobbying by special interest groups the bill passed both the Florida Senate and House with bipartisan support, and was signed by Gov. Rick Scott.
Artiles led the way with his bill — HB 1013 — and Bradenton Sen. Mike Bennett pushed through its companion, SB 1196.
“This bill was crucial to us,” said Barbara Moore of Lennar, the NEFBA president. “It might come up again next year and we need to support Rep. Artiles.”
NEFBA executive director Daniel Davis, who serves in the legislature with Artiles, said, “This guy stood up for our industry when a lot of people were fighting his bill. If he thinks something is the right this to do, he’s going to stand up for it.”
Moore and Artiles both said the opposition was actually led by trial lawyers who, they said, would exploit home builders.
The battle may not be over as there is an an ongoing court case in which a Central Florida homeowners’ association is suing a developer for the neighborhood’s poorly built drainage pipes and pothole-ridden roads.
According to the Miami Herald, the case is before the Florida Supreme Court, and the homeowners are trying to recover more than $600,000 for repairs. The decision is expected to have a major impact on homeowners, developers and neighborhood associations.
The case centers on the concept of “implied warranty,” which protects homeowners who buy a property and later find out that it was poorly constructed.
Lower courts disagreed about whether the concept of “implied warranty” extends beyond the four walls of a structure.
Artiles cited case law and said attorneys want to “obscure the law to have builders be on the hook for offsite improvements. The bill doesn't take away any rights of the consumer.”
“Rep. Artiles stood up for our industry and it was our pleasure to introduce him to our members,” said NEFBA’s governmental affairs director, Chris Hagan. “He is a good person to have on your side.”
Hagan brought Artiles to a luncheon hosted by Marty Fiorentino and Joe Mobley of The Fiorentino Group, a major lobbying company. They visited with prominent builders and lobbyists there, then went to several offices in the area to introduce the Miami Republican to other builders.
“Frank serves with me in the legislature and it’s an honor to have him here,” said Davis. “He’s an advocate for the homeowner, just as we are.”