Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1694
Barcode 822576
CHAMBER ACTION
Senate House
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04/12/2005 07:52 AM .
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11 The Committee on Regulated Industries (Haridopolos)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 3, line 16, through
16 page 9, line 6, delete those lines
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18 and insert: existing equipment;, any cleaning or equipment
19 sanitizing which requires at least a partial disassembling,
20 excluding filter changes, and the installation of new pool/spa
21 equipment, interior finishes, the installation of package pool
22 heaters, and the installation of all perimeter piping and
23 filter piping;, and the construction of equipment rooms or
24 housing for pool/spa equipment, and also includes the scope of
25 work of a swimming pool/spa servicing contractor. The scope of
26 such work does not include direct connections to a sanitary
27 sewer system or to potable water lines. The installation,
28 construction, modification, or replacement of equipment
29 permanently attached to and associated with the pool or spa
30 for the purpose of water treatment or cleaning of the pool or
31 spa requires licensure and the usage of such equipment for the
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1694
Barcode 822576
1 purposes of water treatment or cleaning on commercial or
2 public pools or spas requires licensure; however, the usage of
3 such equipment for the purposes of water treatment or cleaning
4 residential pools or spas shall not require licensure unless
5 the usage involves construction, modification, or replacement
6 of such equipment. Water treatment that does not require such
7 equipment does not require a license. In addition, a license
8 shall not be required for the cleaning of the pool or spa in
9 any way that does not affect the structural integrity of the
10 residential pool or spa or its associated equipment.
11 (l) "Swimming pool/spa servicing contractor" means a
12 contractor whose scope of work involves, but is not limited
13 to, the repair and servicing of any swimming pool, or hot tub
14 or spa, whether public, or private, or otherwise, regardless
15 of use. The scope of work includes the repair or replacement
16 of existing equipment;, any cleaning or equipment sanitizing;
17 which requires at least a partial disassembling, excluding
18 filter changes, and the installation of new pool/spa
19 equipment;, interior refinishing;, the reinstallation or
20 addition of pool heaters;, the repair or replacement of all
21 perimeter piping and filter piping;, the repair of equipment
22 rooms or housing for pool/spa equipment;, and the substantial
23 or complete draining of a swimming pool, or hot tub or spa,
24 for the purpose of any repair or renovation. The scope of such
25 work does not include direct connections to a sanitary sewer
26 system or to potable water lines. The installation,
27 construction, modification, substantial or complete
28 disassembly, or replacement of equipment permanently attached
29 to and associated with the pool or spa for the purpose of
30 water treatment or cleaning of the pool or spa and the usage
31 of such equipment for the purposes of water treatment or
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1694
Barcode 822576
1 cleaning on commercial or public pools or spas requires
2 licensure; however, the usage of such equipment for the
3 purposes of water treatment or cleaning on residential pools
4 or spas shall not require licensure unless the usage involves
5 construction, modification, substantial or complete
6 disassembly, or replacement of such equipment. Water treatment
7 that does not require such equipment does not require a
8 license. In addition, a license shall not be required for the
9 cleaning of the pool or spa in any way that does not affect
10 the structural integrity of the pool or spa or its associated
11 equipment.
12 (20) "Provisional license" means a license granted to
13 a swimming pool/spa servicing contractor who has met all
14 qualifications for licensure but has no proven work experience
15 related to the scope of work of such a contractor. A
16 provisional license shall be effective for a period of 1 year
17 from the date of issuance, at which time a license will be
18 granted to the individual or business organization qualified
19 by that individual. During the term of provisional licensure,
20 the contractor shall be prohibited from performing any work
21 involving public swimming pools, or hot tubs or spas, interior
22 refinishing of private swimming pools, or hot tubs or spas,
23 and any draining of a private swimming pool, or hot tub or
24 spa, for the purpose of any repair or renovation. During the
25 term of provisional licensure, the contractor may partially
26 drain up to 75 percent of a private swimming pool, or hot tub
27 or spa, for the purposes of water treatment.
28 Section 2. Paragraph (c) of subsection (2) of section
29 489.111, Florida Statutes, is amended to read:
30 489.111 Licensure by examination.--
31 (2) A person shall be eligible for licensure by
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1694
Barcode 822576
1 examination if the person:
2 (c) Meets eligibility requirements according to one of
3 the following criteria:
4 1. Has received a baccalaureate degree from an
5 accredited 4-year college in the appropriate field of
6 engineering, architecture, or building construction and has 1
7 year of proven experience in the category in which the person
8 seeks to qualify. For the purpose of this part, a minimum of
9 2,000 person-hours shall be used in determining full-time
10 equivalency.
11 2. Has a total of at least 4 years of active
12 experience as a worker who has learned the trade by serving an
13 apprenticeship as a skilled worker who is able to command the
14 rate of a mechanic in the particular trade or as a foreman who
15 is in charge of a group of workers and usually is responsible
16 to a superintendent or a contractor or his or her equivalent,
17 provided, however, that at least 1 year of active experience
18 shall be as a foreman.
19 3. Has a combination of not less than 1 year of
20 experience as a foreman and not less than 3 years of credits
21 for any accredited college-level courses; has a combination of
22 not less than 1 year of experience as a skilled worker, 1 year
23 of experience as a foreman, and not less than 2 years of
24 credits for any accredited college-level courses; or has a
25 combination of not less than 2 years of experience as a
26 skilled worker, 1 year of experience as a foreman, and not
27 less than 1 year of credits for any accredited college-level
28 courses. All junior college or community college-level courses
29 shall be considered accredited college-level courses.
30 4.a. An active certified residential contractor is
31 eligible to take the building contractors' examination if he
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1694
Barcode 822576
1 or she possesses a minimum of 3 years of proven experience in
2 the classification in which he or she is certified.
3 b. An active certified residential contractor is
4 eligible to take the general contractors' examination if he or
5 she possesses a minimum of 4 years of proven experience in the
6 classification in which he or she is certified.
7 c. An active certified building contractor is eligible
8 to take the general contractors' examination if he or she
9 possesses a minimum of 4 years of proven experience in the
10 classification in which he or she is certified.
11 5.a. An active certified air-conditioning Class C
12 contractor is eligible to take the air-conditioning Class B
13 contractors' examination if he or she possesses a minimum of 3
14 years of proven experience in the classification in which he
15 or she is certified.
16 b. An active certified air-conditioning Class C
17 contractor is eligible to take the air-conditioning Class A
18 contractors' examination if he or she possesses a minimum of 4
19 years of proven experience in the classification in which he
20 or she is certified.
21 c. An active certified air-conditioning Class B
22 contractor is eligible to take the air-conditioning Class A
23 contractors' examination if he or she possesses a minimum of 1
24 year of proven experience in the classification in which he or
25 she is certified.
26 6.a. An active certified swimming pool servicing
27 contractor is eligible to take the residential swimming pool
28 contractors' examination if he or she possesses a minimum of 3
29 years of proven experience in the classification in which he
30 or she is certified.
31 b. An active certified swimming pool servicing
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1694
Barcode 822576
1 contractor is eligible to take the swimming pool commercial
2 contractors' examination if he or she possesses a minimum of 4
3 years of proven experience in the classification in which he
4 or she is certified.
5 c. An active certified residential swimming pool
6 contractor is eligible to take the commercial swimming pool
7 contractors' examination if he or she possesses a minimum of 1
8 year of proven experience in the classification in which he or
9 she is certified.
10 d. An applicant is eligible to take the swimming
11 pool/spa servicing contractors' examination if he or she has
12 satisfactorily completed 60 hours of instruction in courses
13 related to the scope of work covered by that license and
14 approved by the Construction Industry Licensing Board by rule
15 and has at least 1 year of proven experience related to the
16 scope of work of such a contractor.
17 Section 3. Section 514.075, Florida Statutes, is
18 amended to read:
19 514.075 Public pool service technician;
20 certification.--Any person who cleans, sanitizes, or uses
21 chemicals in residential, commercial, or public pools or spas
22 for the purpose of water treatment or cleaning must complete a
23 course of at least 14 hours, but no more than 16 hours,
24 approved by the Department of Health which has national
25 recognition, such as the National Swimming Pool Foundation's
26 Certified Pool-Spa Operator training program. This section
27 applies to any nonlicensed service company, commercial pool or
28 spa service contractor, residential pool or spa service
29 contractor, swimming pool or spa service contractor, or person
30 permitted as a public pool operator as defined in s. 514.011
31 or direct employee of such a person permitted as a public pool
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1694
Barcode 822576
1 operator who cleans, sanitizes, or uses chemicals for the
2 purpose of water treatment. The department shall establish by
3 rule which courses satisfy this requirement. The department
4 may require that a public pool, as defined in s. 514.011, be
5 serviced by a person certified as a pool service technician.
6 To be certified, an individual must demonstrate knowledge of
7 public pools which includes, but is not limited to: pool
8 cleaning; general pool maintenance; source of the water
9 supply; bacteriological, chemical, and physical quality of
10 water; and water purification, testing, treatment, and
11 disinfection procedures. The department may, by rule,
12 establish the requirement for the certification course and
13 course approval. The department shall deem certified any
14 individual who is certified by a course of national
15 recognition or any person licensed under s. 489.105(3)(j),
16 (k), or (l). This requirement does not apply to a person, or
17 the direct employee of a person, permitted as a public pool
18 operator under s. 514.031.
19 Section 4. Section 515.39, Florida Statutes, is
20 created to read:
21 515.39 Training requirement.--Any person who cleans,
22 sanitizes, or uses chemicals in residential, commercial, or
23 public pools or spas for the purpose of water treatment or
24 cleaning must complete a course of at least 14 hours, but no
25 more than 16 hours, approved by the Department of Health which
26 has national recognition, such as the National Swimming Pool
27 Foundation's Certified Pool-Spa Operator training program.
28 This section applies to any nonlicensed service company,
29 commercial pool or spa service contractor, residential pool or
30 spa service contractor, swimming pool or spa service
31 contractor, or person permitted as a public pool operator as
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1694
Barcode 822576
1 defined in s. 514.011 or direct employee of such a person
2 permitted as a public pool operator who cleans, sanitizes, or
3 uses chemicals for the purpose of water treatment. The
4 department shall establish by rule which courses satisfy this
5 requirement.
6 Section 5. This act shall take effect July 1, 2006.
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9 ================ T I T L E A M E N D M E N T ===============
10 And the title is amended as follows:
11 On page 1, line 18, following the semicolon
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13 insert:
14 creating s. 515.39, F.S.; prescribing training
15 requirements for persons who use chemicals in,
16 clean, or sanitize pools and spas;
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