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.