| 1 | A bill to be entitled |
| 2 | An act relating to construction contracting; amending s. |
| 3 | 489.117, F.S.; specifying when a person may perform |
| 4 | specialty contracting services for the construction, |
| 5 | remodeling, repair, or improvement of a swimming pool or |
| 6 | spa without obtaining a local professional license; |
| 7 | requiring certain local authorities to allow local |
| 8 | registration, as specified, as an alternative to other |
| 9 | local licenses; authorizing a fee; requiring workers' |
| 10 | compensation coverage or exemption therefrom; providing |
| 11 | applicability to certain other local licensing exemption |
| 12 | provisions; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Paragraph (f) is added to subsection (4) of |
| 17 | section 489.117, Florida Statutes, to read: |
| 18 | 489.117 Registration; specialty contractors.-- |
| 19 | (4) |
| 20 | (f) Portions of work related to the construction of a |
| 21 | swimming pool or spa require the use of specialized skill and |
| 22 | equipment that are frequently available only through specialty |
| 23 | contracting services. Due to these unique needs for specialty |
| 24 | services, any person who is not required to obtain registration |
| 25 | or certification pursuant to s. 489.105(3)(a)-(i) or (m)-(o) may |
| 26 | perform specialty contracting services for the construction, |
| 27 | remodeling, repair, or improvement of a swimming pool or spa as |
| 28 | specified in s. 489.105(3)(j)-(l) without obtaining a local |
| 29 | professional license if such person is supervised by a certified |
| 30 | or registered commercial pool/spa contractor, residential |
| 31 | pool/spa contractor, or swimming pool/spa servicing contractor |
| 32 | acting within the scope of the supervising contractor's license. |
| 33 | A local authority that does not require a local specialty |
| 34 | contractor license or local certificate of competency for any |
| 35 | service provided by a certified or registered commercial |
| 36 | pool/spa contractor, residential pool/spa contractor, or |
| 37 | swimming pool/spa servicing contractor must allow, as an |
| 38 | alternative to the local license or certificate, local |
| 39 | registration of the person contracting with a supervising |
| 40 | contractor to perform a specialty service under this paragraph. |
| 41 | The local authority may charge a fee for local registration |
| 42 | which does not exceed $150. The local authority may not require |
| 43 | proof of competency for local registration and shall require |
| 44 | documentation that a registrant is covered by workers' |
| 45 | compensation coverage or a valid exemption from such coverage. |
| 46 | Local registration shall require the registrant to contract with |
| 47 | a certified or registered commercial pool/spa contractor, |
| 48 | residential pool/spa contractor, or swimming pool/spa servicing |
| 49 | contractor. Nothing in this paragraph shall be construed to |
| 50 | supersede or affect the provisions of paragraph (e). |
| 51 | Section 2. This act shall take effect July 1, 2005. |