Florida Senate - 2025 SB 1220 By Senator DiCeglie 18-01069-25 20251220__ 1 A bill to be entitled 2 An act relating to air-conditioning systems; amending 3 s. 489.105, F.S.; revising the definition of the term 4 “class A air-conditioning contractor”; amending s. 5 713.135, F.S.; revising applicability regarding 6 notices of commencement; reenacting ss. 489.107(4)(b), 7 489.113(2), 489.117(4)(d) and (e), 489.141(2), and 8 553.998, F.S., relating to the Construction Industry 9 Licensing Board, qualifications and restrictions for 10 practice, registration and specialty contractors, 11 conditions for recovery and eligibility, and 12 compliance, respectively, to incorporate the amendment 13 made to s. 489.105, F.S., in references thereto; 14 providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Paragraph (f) of subsection (3) of section 19 489.105, Florida Statutes, is amended to read: 20 489.105 Definitions.—As used in this part: 21 (3) “Contractor” means the person who is qualified for, and 22 is only responsible for, the project contracted for and means, 23 except as exempted in this part, the person who, for 24 compensation, undertakes to, submits a bid to, or does himself 25 or herself or by others construct, repair, alter, remodel, add 26 to, demolish, subtract from, or improve any building or 27 structure, including related improvements to real estate, for 28 others or for resale to others; and whose job scope is 29 substantially similar to the job scope described in one of the 30 paragraphs of this subsection. For the purposes of regulation 31 under this part, the term “demolish” applies only to demolition 32 of steel tanks more than 50 feet in height; towers more than 50 33 feet in height; other structures more than 50 feet in height; 34 and all buildings or residences. Contractors are subdivided into 35 two divisions, Division I, consisting of those contractors 36 defined in paragraphs (a)-(c), and Division II, consisting of 37 those contractors defined in paragraphs (d)-(q): 38 (f) “Class A air-conditioning contractor” means a 39 contractor whose services are unlimited in the execution of 40 contracts requiring the experience, knowledge, and skill to 41 install, maintain, repair, fabricate, alter, extend, or design, 42 if not prohibited by law, central air-conditioning, 43 refrigeration, heating, and ventilating systems, including duct 44 work in connection with a complete system if such duct work is 45 performed by the contractor as necessary to complete an air 46 distribution system, boiler and unfired pressure vessel systems, 47 and all appurtenances, apparatus, or equipment used in 48 connection therewith, and any duct cleaning and equipment 49 sanitizing that requires at least a partial disassembling of the 50 system; to install, maintain, repair, fabricate, alter, extend, 51 or design, if not prohibited by law, piping, insulation of 52 pipes, vessels and ducts, pressure and process piping, and 53 pneumatic control piping; to replace, disconnect, or reconnect 54 power wiring on the line or load side of the dedicated existing 55 electrical disconnect switch on single phase electrical systems; 56 to repair or replace power wiring, disconnects, breakers, or 57 fuses for dedicated HVAC circuits with proper use of a circuit 58 breaker lock; to install, disconnect, and reconnect low voltage 59 heating, ventilating, and air-conditioning control wiring; and 60 to install a condensate drain from an air-conditioning unit to 61 an existing safe waste or other approved disposal other than a 62 direct connection to a sanitary system. The scope of work for 63 such contractor includes the installation and repair of package 64 pool heaters and the connection of package pool heaters to 65 existing pool piping; the installation, repair, or replacement 66 of existing pool/spa equipment, new pool/spa equipment, or 67 cleaning or sanitizing equipment that requires at least a 68 partial disassembling, excluding filter changes; interior 69 finishes; the installation of all perimeter piping and filter 70 piping; and the construction of equipment rooms or housing for 71 pool/spa equipment. The scope of work for such contractor also 72 includes any excavation work incidental thereto, but does not 73 include any work such as liquefied petroleum or natural gas fuel 74 lines within buildings, except for disconnecting or reconnecting 75 changeouts of liquefied petroleum or natural gas appliances 76 within buildings; potable water lines or connections thereto; 77 sanitary sewer lines; swimming pool piping and filters; or 78 electrical power wiring. A Class A air-conditioning contractor 79 may test and evaluate central air-conditioning, refrigeration, 80 heating, and ventilating systems, including duct work; however, 81 a mandatory licensing requirement is not established for the 82 performance of these specific services. 83 Section 2. Subsection (1) of section 713.135, Florida 84 Statutes, is amended to read: 85 713.135 Notice of commencement and applicability of lien.— 86 (1) When a person applies for a building permit, the 87 authority issuing such permit shall: 88 (a) Print on the face of each permit card in no less than 89 14-point, capitalized, boldfaced type: “WARNING TO OWNER: YOUR 90 FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR 91 PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF 92 COMMENCEMENT MUST BE RECORDED AND POSTED ON THE SITE OF THE 93 IMPROVEMENT BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN 94 FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE 95 RECORDING YOUR NOTICE OF COMMENCEMENT.” 96 (b) Provide the applicant and the owner of the real 97 property upon which improvements are to be constructed with a 98 printed statement stating that the right, title, and interest of 99 the person who has contracted for the improvement may be subject 100 to attachment under the Construction Lien Law. The Department of 101 Business and Professional Regulation shall furnish, for 102 distribution, the statement described in this paragraph, and the 103 statement must be a summary of the Construction Lien Law and 104 must include an explanation of the provisions of the 105 Construction Lien Law relating to the recording, and the posting 106 of copies, of notices of commencement and a statement 107 encouraging the owner to record a notice of commencement and 108 post a copy of the notice of commencement in accordance with s. 109 713.13. The statement must also contain an explanation of the 110 owner’s rights if a lienor fails to furnish the owner with a 111 notice as provided in s. 713.06(2) and an explanation of the 112 owner’s rights as provided in s. 713.22. The authority that 113 issues the building permit must obtain from the Department of 114 Business and Professional Regulation the statement required by 115 this paragraph and must mail, deliver by electronic mail or 116 other electronic format or facsimile, or personally deliver that 117 statement to the owner or, in a case in which the owner is 118 required to personally appear to obtain the permit, provide that 119 statement to any owner making improvements to real property 120 consisting of a single or multiple family dwelling up to and 121 including four units. However, the failure by the authorities to 122 provide the summary does not subject the issuing authority to 123 liability. 124 (c) In addition to providing the owner with the statement 125 as required by paragraph (b), inform each applicant who is not 126 the person whose right, title, and interest is subject to 127 attachment that, as a condition to the issuance of a building 128 permit, the applicant must promise in good faith that the 129 statement will be delivered to the person whose property is 130 subject to attachment. 131 (d) Furnish to the applicant two or more copies of a form 132 of notice of commencement conforming with s. 713.13. 133 (e) Require the applicant to file with the issuing 134 authority before the first inspection a copy of the notice of 135 commencement if the direct contract is greater than $5,000. For 136 purposes of this paragraph, the term “copy of the notice of 137 commencement” means a certified copy of the recorded notice of 138 commencement, a notarized statement that the notice of 139 commencement has been filed for recording along with a copy 140 thereof, or the clerk’s office’s official records identifying 141 information that includes the instrument number for the notice 142 of commencement or the number and page of book where the notice 143 of commencement is recorded, as identified by the clerk. 144 1. In the absence of the filing of a copy of the notice of 145 commencement, the issuing authority or a private provider 146 performing inspection services may not perform or approve 147 subsequent inspections until the applicant files by mail, 148 facsimile, hand delivery, or any other means such copy with the 149 issuing authority. 150 2. The copy of the notice of commencement must contain the 151 name and address of the owner, the name and address of the 152 contractor, and the location or address of the property being 153 improved. The issuing authority shall verify that the name and 154 address of the owner, the name of the contractor, and the 155 location or address of the property being improved which is 156 contained in the copy of the notice of commencement is 157 consistent with the information in the building permit 158 application. 159 3. The issuing authority shall provide the recording 160 information on the copy of the notice of commencement to any 161 person upon request. 162 4. This paragraph does not require the recording of a 163 notice of commencement before the issuance of a building permit. 164 If a local government requires a separate permit or inspection 165 for installation of temporary electrical service or other 166 temporary utility service, land clearing, or other preliminary 167 site work, such permits may be issued and such inspections may 168 be conducted without providing the issuing authority with a copy 169 of the notice of commencement. 170 (f) Not require that a notice of commencement be recorded 171 as a condition of the application for, or processing or issuance 172 of, a building permit. However, this paragraph does not modify 173 or waive the inspection requirements set forth in this 174 subsection. 175 176 This subsection does not apply to a direct contract to repair or 177 replace an existing heating or air-conditioning system in an 178 amount less than $15,000, which amount must be adjusted and 179 increased annually by the percent change in the Consumer Price 180 Index for All Urban Consumers, U.S. City Average, All Items, 181 1982-1984=100, or successor reports. 182 Section 3. For the purpose of incorporating the amendment 183 made by this act to section 489.105, Florida Statutes, in a 184 reference thereto, paragraph (b) of subsection (4) of section 185 489.107, Florida Statutes, is reenacted to read: 186 489.107 Construction Industry Licensing Board.— 187 (4) The board shall be divided into two divisions, Division 188 I and Division II. 189 (b) Division II is comprised of the roofing contractor, 190 sheet metal contractor, air-conditioning contractor, mechanical 191 contractor, pool contractor, plumbing contractor, and 192 underground utility and excavation contractor members of the 193 board; one of the members appointed pursuant to paragraph 194 (2)(j); and one of the members appointed pursuant to paragraph 195 (2)(k). Division II has jurisdiction over the regulation of 196 contractors defined in s. 489.105(3)(d)-(p). 197 Section 4. For the purpose of incorporating the amendment 198 made by this act to section 489.105, Florida Statutes, in a 199 reference thereto, subsection (2) of section 489.113, Florida 200 Statutes, is reenacted to read: 201 489.113 Qualifications for practice; restrictions.— 202 (2) A person must be certified or registered in order to 203 engage in the business of contracting in this state. However, 204 for purposes of complying with the provisions of this chapter, a 205 subcontractor who is not certified or registered may perform 206 construction work under the supervision of a person who is 207 certified or registered, provided that the work is within the 208 scope of the supervising contractor’s license, the supervising 209 contractor is responsible for the work, and the subcontractor 210 being supervised is not engaged in construction work that would 211 require a license as a contractor under any of the categories 212 listed in s. 489.105(3)(d)-(o). This subsection does not affect 213 the application of any local construction licensing ordinances. 214 To enforce this subsection: 215 (a) The department shall issue a cease and desist order to 216 prohibit any person from engaging in the business of contracting 217 who does not hold the required certification or registration for 218 the work being performed under this part. For the purpose of 219 enforcing a cease and desist order, the department may file a 220 proceeding in the name of the state seeking issuance of an 221 injunction or a writ of mandamus against any person who violates 222 any provision of such order. 223 (b) A county, municipality, or local licensing board 224 created by special act may issue a cease and desist order to 225 prohibit any person from engaging in the business of contracting 226 who does not hold the required certification or registration for 227 the work being performed under this part. 228 Section 5. For the purpose of incorporating the amendment 229 made by this act to section 489.105, Florida Statutes, in 230 references thereto, paragraphs (d) and (e) of subsection (4) of 231 section 489.117, Florida Statutes, are reenacted to read: 232 489.117 Registration; specialty contractors.— 233 (4) 234 (d) Any person who is not required to obtain registration 235 or certification pursuant to s. 489.105(3)(d)-(o) may perform 236 contracting services for the construction, remodeling, repair, 237 or improvement of single-family residences, including a 238 townhouse as defined in the Florida Building Code, without 239 obtaining a local license if such person is under the 240 supervision of a certified or registered general, building, or 241 residential contractor. As used in this paragraph, supervision 242 shall not be deemed to require the existence of a direct 243 contract between the certified or registered general, building, 244 or residential contractor and the person performing specialty 245 contracting services. 246 (e) Any person who is not certified or registered may 247 perform the work of a specialty contractor whose scope of 248 practice is limited to the type of work specified under s. 249 489.105(3)(j), (k), or (l) for the construction, remodeling, 250 repair, or improvement of commercial or residential swimming 251 pools, interactive water features as defined in the Florida 252 Building Code, hot tubs, and spas without obtaining a local 253 license or certification as a specialty contractor if he or she 254 is supervised by a contractor who is certified or registered 255 under s. 489.105(3)(j), (k), or (l); the work is within the 256 scope of the supervising contractor’s license; the supervising 257 contractor is responsible for the work; and the work does not 258 require certification or registration under s. 489.105(3)(d) 259 (i), (m)-(o), or s. 489.505. Such supervision does not require a 260 direct contract between the contractor certified or registered 261 under s. 489.105(3)(j), (k), or (l) and the person performing 262 the work, or for the person performing the work to be an 263 employee of the contractor certified or registered under s. 264 489.105(3)(j), (k), or (l). This paragraph does not limit the 265 exemptions provided in s. 489.103 and may not be construed to 266 expand the scope of a contractor certified or registered under 267 s. 489.105(3)(j), (k), or (l) to provide plumbing or electrical 268 services for which certification or registration is required by 269 this part or part II. 270 Section 6. For the purpose of incorporating the amendment 271 made by this act to section 489.105, Florida Statutes, in a 272 reference thereto, subsection (2) of section 489.141, Florida 273 Statutes, is reenacted to read: 274 489.141 Conditions for recovery; eligibility.— 275 (2) A claimant is not qualified to make a claim for 276 recovery from the recovery fund if: 277 (a) The claimant is the spouse of the judgment debtor or 278 licensee or a personal representative of such spouse; 279 (b) The claimant is a licensee who acted as the contractor 280 in the transaction that is the subject of the claim; 281 (c) The claim is based upon a construction contract in 282 which the licensee was acting with respect to the property owned 283 or controlled by the licensee; 284 (d) The claim is based upon a construction contract in 285 which the contractor did not hold a valid and current license at 286 the time of the construction contract; 287 (e) The claimant was associated in a business relationship 288 with the licensee other than the contract at issue; or 289 (f) The claimant had entered into a contract with a 290 licensee to perform a scope of work described in s. 291 489.105(3)(d)-(q) before July 1, 2016. 292 Section 7. For the purpose of incorporating the amendment 293 made by this act to section 489.105, Florida Statutes, in a 294 reference thereto, section 553.998, Florida Statutes, is 295 reenacted to read: 296 553.998 Compliance.—All ratings must be determined using 297 tools and procedures developed by the systems recognized under 298 this part and must be certified by the rater as accurate and 299 correct and in compliance with procedures of the system under 300 which the rater is certified. The local enforcement agency shall 301 accept duct and air infiltration tests conducted in accordance 302 with the Florida Building Code, 5th Edition (2014) Energy 303 Conservation, by individuals as defined in s. 553.993(5) or (7) 304 or individuals licensed as set forth in s. 489.105(3)(f), (g), 305 or (i). The local enforcement agency may accept inspections in 306 whole or in part by individuals as defined in s. 553.993(5) or 307 (7). 308 Section 8. This act shall take effect July 1, 2025.