Florida Senate - 2024 SB 922
By Senator Perry
9-00879-24 2024922__
1 A bill to be entitled
2 An act relating to swimming pool and spa contractors;
3 amending s. 489.105, F.S.; revising definitions;
4 amending s. 489.143, F.S.; specifying a maximum
5 recovery amount for certain claims relating to certain
6 contracts; specifying a total aggregate cap for
7 certain licensees relating to certain contracts;
8 providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraphs (j), (k), and (l) of subsection (3)
13 of section 489.105, Florida Statutes, are amended to read:
14 489.105 Definitions.—As used in this part:
15 (3) “Contractor” means the person who is qualified for, and
16 is only responsible for, the project contracted for and means,
17 except as exempted in this part, the person who, for
18 compensation, undertakes to, submits a bid to, or does himself
19 or herself or by others construct, repair, alter, remodel, add
20 to, demolish, subtract from, or improve any building or
21 structure, including related improvements to real estate, for
22 others or for resale to others; and whose job scope is
23 substantially similar to the job scope described in one of the
24 paragraphs of this subsection. For the purposes of regulation
25 under this part, the term “demolish” applies only to demolition
26 of steel tanks more than 50 feet in height; towers more than 50
27 feet in height; other structures more than 50 feet in height;
28 and all buildings or residences. Contractors are subdivided into
29 two divisions, Division I, consisting of those contractors
30 defined in paragraphs (a)-(c), and Division II, consisting of
31 those contractors defined in paragraphs (d)-(q):
32 (j) “Commercial pool/spa contractor” means a contractor
33 whose scope of work involves, but is not limited to, all phases
34 of the construction, repair, renovation, remodel,
35 deconstruction, and servicing of any swimming pool, or hot tub,
36 or spa, splash pad or other interactive water feature,
37 decorative water feature, public bathing place, or swimming pool
38 or spa appurtenance, whether public, private, or otherwise,
39 regardless of use.
40 1. The scope of such work includes, but is not limited to,
41 all of the following:
42 a. The scope of work of a swimming pool/spa servicing
43 contractor.
44 b. The connection, replacement, disconnection, or
45 reconnection of power wiring on the load side of the dedicated
46 existing electrical circuit disconnect means for swimming pool,
47 spa, hot tub, or water feature equipment.
48 c. The installation of equipotential bonding; swimming
49 pool, spa, or hot tub lighting; light transformers; light
50 conduit; and any cleaning or sanitizing equipment that requires
51 at least partial disassembling.
52 d. The construction of equipment rooms or housing for
53 swimming pool, spa, hot tub, or water feature equipment.
54 e. Excavation and earthmoving required for the installation
55 of swimming pools, spas, hot tubs, or water features and the
56 operation of construction pumps for dewatering purposes for
57 swimming pool, spa, hot tub, or water feature excavation sites
58 and drained swimming pools, spas, hot tubs, or water features.
59 f. The installation of rebar or similar support materials
60 for swimming pool, spa, hot tub, or water feature structures,
61 and the shaping and shooting of gunite dry mix and wet mix,
62 concrete, or similar product mix used in the construction of
63 swimming pools, spas, hot tubs, or water features.
64 g. The installation of fiberglass swimming pool, spa, or
65 hot tub shells and vinyl swimming pool, spa, or hot tub liners.
66 h. The application and removal of all interior swimming
67 pool, spa, hot tub, or water feature finishes.
68 i. The construction, maintenance, or remodel of decorative
69 or interactive water features, displays, or areas that use
70 recirculated water, including fountains, waterfalls, and spray
71 nozzles.
72 j. The installation of all swimming pool, spa, hot tub, or
73 water feature piping, including, but not limited to, drain
74 piping, perimeter piping, and circulation or filter piping, used
75 in the construction of swimming pools, spas, hot tubs, or
76 decorative or interactive water feature displays or areas.
77 k. The construction and installation of retaining walls,
78 concrete flatwork, pavers and bricks, and footings associated
79 with the construction of swimming pools, spas, hot tubs, or
80 water features, whether newly constructed or additions to or
81 remodels of existing swimming pools, spas, hot tubs, or water
82 features The installation, repair, or replacement of existing
83 equipment, any cleaning or equipment sanitizing that requires at
84 least a partial disassembling, excluding filter changes, and the
85 installation of new pool/spa equipment, interior finishes, the
86 installation of package pool heaters, the installation of all
87 perimeter piping and filter piping, and the construction of
88 equipment rooms or housing for pool/spa equipment, and also
89 includes the scope of work of a swimming pool/spa servicing
90 contractor.
91 2. The scope of such work does not include direct
92 connections to a sanitary sewer system or to potable water
93 lines, the installation or upgrade of dedicated electrical
94 disconnect or electrical circuits, or any work inside a main
95 electrical panel. The installation, construction, modification,
96 or replacement of equipment permanently attached to and
97 associated with the pool or spa for the purpose of water
98 treatment or cleaning of the pool or spa requires licensure;
99 however,
100 3. The usage of swimming pool, spa, hot tub, or water
101 feature such equipment for the purposes of water treatment or
102 cleaning does not require licensure unless the usage involves
103 installation construction, modification, or replacement of such
104 equipment. Water treatment that does not require such equipment;
105 filter media changes; or the cleaning of a swimming pool, spa,
106 hot tub, or water feature, or its associated equipment, which
107 does not affect the structural integrity of the swimming pool,
108 spa, hot tub, or water feature, does not require a license. In
109 addition, a license is not required for the cleaning of the pool
110 or spa in a way that does not affect the structural integrity of
111 the pool or spa or its associated equipment.
112 (k) “Residential pool/spa contractor” has the same meaning
113 as a commercial pool/spa contractor under paragraph (j), except
114 a residential pool/spa contractor may not construct any new
115 commercial swimming pool, spa, hot tub, or public bathing place.
116 means a contractor whose scope of work involves, but is not
117 limited to, the construction, repair, and servicing of a
118 residential swimming pool, or hot tub or spa, regardless of use.
119 The scope of work includes the installation, repair, or
120 replacement of existing equipment, any cleaning or equipment
121 sanitizing that requires at least a partial disassembling,
122 excluding filter changes, and the installation of new pool/spa
123 equipment, interior finishes, the installation of package pool
124 heaters, the installation of all perimeter piping and filter
125 piping, and the construction of equipment rooms or housing for
126 pool/spa equipment, and also includes the scope of work of a
127 swimming pool/spa servicing contractor. The scope of such work
128 does not include direct connections to a sanitary sewer system
129 or to potable water lines. The installation, construction,
130 modification, or replacement of equipment permanently attached
131 to and associated with the pool or spa for the purpose of water
132 treatment or cleaning of the pool or spa requires licensure;
133 however, the usage of such equipment for the purposes of water
134 treatment or cleaning does not require licensure unless the
135 usage involves construction, modification, or replacement of
136 such equipment. Water treatment that does not require such
137 equipment does not require a license. In addition, a license is
138 not required for the cleaning of the pool or spa in a way that
139 does not affect the structural integrity of the pool or spa or
140 its associated equipment.
141 (l) “Swimming pool/spa servicing contractor” means a
142 contractor whose scope of work includes involves, but is not
143 limited to, all aspects of the repair, renovation, remodeling,
144 or and servicing of a swimming pool, or hot tub, or spa, splash
145 pad or other interactive water feature, decorative water
146 feature, public bathing place, or swimming pool or spa
147 appurtenance, whether public or private, or otherwise,
148 regardless of use.
149 1. The scope of work includes, but is not limited to, all
150 of the following:
151 a. The installation, repair, or replacement of all swimming
152 pool, spa, hot tub, or water feature equipment, including, but
153 not limited to, pool pumps; filters; feeders; controllers; and
154 swimming pool, spa, or hot tub heaters, whether electric, gas,
155 or solar.
156 b. The connection, replacement, disconnection, or
157 reconnection of power wiring on the load side of the dedicated
158 existing electrical circuit disconnect means for swimming pool,
159 spa, hot tub, or water feature equipment.
160 c. The repair or replacement of equipotential bonding;
161 swimming pool, spa, or hot tub lighting; light transformers;
162 light conduit; and any cleaning or sanitizing equipment that
163 requires at least partial disassembling.
164 d. The repair of equipment rooms or housing for swimming
165 pool, spa, hot tub, or water feature equipment.
166 e. The repair or replacement of all perimeter piping and
167 filter piping.
168 f. The substantial or complete draining of a swimming pool,
169 spa, or hot tub for the purpose of a repair or renovation and
170 the operation of construction pumps for dewatering purposes for
171 drained swimming pools, spas, hot tubs, or water features.
172 g. The removal and reapplication of all interior swimming
173 pool, spa, hot tub, or water feature finishes.
174 h. The installation, repair, or replacement of all tile and
175 coping for swimming pools, spas, hot tubs, or water features the
176 repair or replacement of existing equipment, any cleaning or
177 equipment sanitizing that requires at least a partial
178 disassembling, excluding filter changes, and the installation of
179 new pool/spa equipment, interior refinishing, the reinstallation
180 or addition of pool heaters, the repair or replacement of all
181 perimeter piping and filter piping, the repair of equipment
182 rooms or housing for pool/spa equipment, and the substantial or
183 complete draining of a swimming pool, or hot tub or spa, for the
184 purpose of repair or renovation.
185 2. The scope of such work does not include direct
186 connections to a sanitary sewer system or to potable water
187 lines, the installation or upgrade of dedicated electrical
188 disconnect or electrical circuits, or any work inside a main
189 electrical panel. The installation, construction, modification,
190 substantial or complete disassembly, or replacement of equipment
191 permanently attached to and associated with the pool or spa for
192 the purpose of water treatment or cleaning of the pool or spa
193 requires licensure; however,
194 3. The usage of swimming pool, spa, hot tub, or water
195 feature such equipment for the purposes of water treatment or
196 cleaning does not require licensure unless the usage involves
197 installation construction, modification, substantial or complete
198 disassembly, or replacement of such equipment. Water treatment
199 that does not require such equipment; filter media changes; or
200 the cleaning of a swimming pool, spa, hot tub, or water feature,
201 or its associated equipment, which does not affect the
202 structural integrity of the swimming pool, spa, hot tub, or
203 water feature does not require a license. In addition, a license
204 is not required for the cleaning of the pool or spa in a way
205 that does not affect the structural integrity of the pool or spa
206 or its associated equipment.
207 Section 2. Subsections (3) and (6) of section 489.143,
208 Florida Statutes, are amended to read:
209 489.143 Payment from the fund.—
210 (3)(a) Beginning January 1, 2005, for each Division I
211 contract entered into after July 1, 2004, payment from the
212 recovery fund is subject to a $50,000 maximum payment for each
213 Division I claim.
214 (b) Beginning January 1, 2017, for each Division II
215 contract entered into on or after July 1, 2016, payment from the
216 recovery fund is subject to a $15,000 maximum payment for each
217 Division II claim.
218 (c) Beginning January 1, 2025, for each contract entered
219 into on or after July 1, 2024, with a Division II contractor
220 certified or registered to perform the scope of work described
221 in s. 489.105(3)(j), (k), or (l), payment from the recovery fund
222 is subject to a $50,000 maximum payment for each Division II
223 claim.
224 (6)(a) For contracts entered into before July 1, 2004,
225 payments for claims against any one licensee may not exceed, in
226 the aggregate, $100,000 annually, up to a total aggregate of
227 $250,000. For any claim approved by the board which is in excess
228 of the annual cap, the amount in excess of $100,000 up to the
229 total aggregate cap of $250,000 is eligible for payment in the
230 next and succeeding fiscal years, but only after all claims for
231 the then-current calendar year have been paid. Payments may not
232 exceed the aggregate annual or per claimant limits under law.
233 (b) Beginning January 1, 2005, for each Division I contract
234 entered into after July 1, 2004, payment from the recovery fund
235 is subject only to a total aggregate cap of $500,000 for each
236 Division I licensee.
237 (c) Beginning January 1, 2017, for each Division II
238 contract entered into on or after July 1, 2016, payment from the
239 recovery fund is subject only to a total aggregate cap of
240 $150,000 for each Division II licensee.
241 (d) Beginning January 1, 2025, for each contract entered
242 into on or after July 1, 2024, with a Division II contractor
243 certified or registered to perform the scope of work described
244 in s. 489.105(3)(j), (k), or (l), payment from the recovery fund
245 is subject only to a total aggregate cap of $500,000 for each
246 Division II licensee.
247 Section 3. This act shall take effect July 1, 2024.