Senate Bill sb1838

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 1838

    By Senator Constantine





    22-748-05

  1                      A bill to be entitled

  2         An act relating to construction contracting;

  3         amending s. 489.117, F.S.; specifying when a

  4         person may perform specialty contracting

  5         services for the construction, remodeling,

  6         repair, or improvement of a swimming pool or

  7         spa without obtaining a local professional

  8         license; requiring certain local authorities to

  9         allow local registration, as specified, as an

10         alternative to other local licenses;

11         authorizing a fee; requiring workers'

12         compensation coverage or an exemption

13         therefrom; providing applicability to certain

14         other local licensing exemption provisions;

15         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 are 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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    Florida Senate - 2005                                  SB 1838
    22-748-05




 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 does

 6  not require 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 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  $150. The local authority may not require proof of competency

16  for local registration and shall require documentation that a

17  registrant is covered by workers' compensation coverage or a

18  valid exemption from such coverage.  Local registration shall

19  require the registrant to contract with a certified or

20  registered commercial pool/spa contractor, residential

21  pool/spa contractor, or swimming pool/spa servicing

22  contractor. This paragraph does not supersede or affect the

23  provisions of paragraph (e).

24         Section 2.  This act shall take effect July 1, 2005.

25  

26            *****************************************

27                          SENATE SUMMARY

28    Permits unlicensed persons to perform specialty
      contracting for constructing, remodeling, or repairing
29    pools or spas if they are under the supervision of a
      certified or registered pool/spa contractor under certain
30    circumstances. Requires local governments that do not
      require local licenses for such services to issue local
31    registrations. Sets fee limits for registration.

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