Senate Bill sb1586c1

    Florida Senate - 2004                           CS for SB 1586

    By the Committee on Regulated Industries; and Senator
    Constantine




    315-2216-04

  1                      A bill to be entitled

  2         An act relating to swimming pool and spa

  3         contracting; amending s. 489.117, F.S.;

  4         specifying when a person may perform specialty

  5         contracting services for the construction,

  6         remodeling, repair, or improvement of a

  7         swimming pool or spa without obtaining a local

  8         professional license; requiring local authority

  9         to permit local registration, as specified, as

10         an alternative to other local licenses;

11         creating s. 553.8414, F.S.; creating the

12         Swimming Pool and Solar Technical Advisory

13         Committee of the Florida Building Commission;

14         providing for appointment and duties of

15         committee members; providing an effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Paragraph (f) is added to subsection (4) of

20  section 489.117, Florida Statutes, to read:

21         489.117  Registration; specialty contractors.--

22         (4)

23         (f)  Portions of work related to the construction of a

24  swimming pool or spa require the use of specialized skill and

25  equipment that is frequently available only through specialty

26  contracting services.  Due to these unique needs for specialty

27  services, any person who is not required to obtain

28  registration or certification pursuant to s. 489.105(3)(a)-(i)

29  or (m)-(o) may perform specialty contracting services for the

30  construction, remodeling, repair, or improvement of a swimming

31  pool or spa as specified in s. 489.105(3)(j)-(l) without

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1586
    315-2216-04




 1  obtaining a local professional license if such person is

 2  supervised by a certified or registered commercial pool/spa

 3  contractor, residential pool/spa contractor, or swimming

 4  pool/spa servicing contractor acting within the scope of the

 5  supervising contractor's license. A local authority that

 6  requires a local specialty contractor license or local

 7  certificate of competency for any service provided by a

 8  certified or registered commercial pool/spa contractor,

 9  residential pool/spa contractor, or swimming pool/spa

10  servicing contractor must also allow, as an alternative to the

11  local license or certificate, local registration of the person

12  contracting with a supervising contractor to perform a

13  specialty service under this paragraph.  The local authority

14  may charge a fee for local registration which does not exceed

15  the fee for the local specialty contractor license or the

16  local certificate of competency.  The local authority may not

17  require proof of competency for local registration and shall

18  require documentation that a registrant is covered by workers'

19  compensation coverage or a valid exemption from such coverage.

20  Local registration shall require the registrant to contract

21  with a certified or registered commercial pool/spa contractor,

22  residential pool/spa contractor, or swimming pool/spa

23  servicing contractor.

24         Section 2.  Section 553.8414, Florida Statutes, is

25  created to read:

26         553.8414  Swimming Pool and Solar Technical Advisory

27  Committee.--

28         (1)  The Florida Building Commission shall, on or

29  before July 1, 2004, establish the Swimming Pool and Solar

30  Technical Advisory Committee of the Florida Building

31  Commission and appoint members of the committee in the same

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    Florida Senate - 2004                           CS for SB 1586
    315-2216-04




 1  manner as members are appointed to the commission's other

 2  technical advisory committees.  The Swimming Pool and Solar

 3  Technical Advisory Committee must consist of no fewer than ten

 4  persons who represent the swimming pool and solar construction

 5  industry.  The chairperson of the commission shall annually

 6  designate a commission member to serve as chairperson of the

 7  committee.  A committee member must be appointed for a 2-year

 8  term and may be reappointed at the discretion of the

 9  commission.

10         (2)  The Swimming Pool and Solar Technical Advisory

11  Committee shall advise the commission on any matters relating

12  to Building Code standards for swimming pools and spas and

13  solar equipment.

14         Section 3.  This act shall take effect July 1, 2004.

15  

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                         Senate Bill 1586

18                                 

19  The committee substitute deletes the provision requiring the
    appointment of a swimming pool contractor to the Florida
20  Building Commission.  The committee substitute provides an
    exemption from local licensing requirements for swimming pool
21  and spa specialty contracting services, and provides for
    creation of the Swimming Pool and Solar Technical Advisory
22  Committee of the Florida Building Commission.

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CODING: Words stricken are deletions; words underlined are additions.