Florida Senate - 2026                                     SB 710
       
       
        
       By Senator Yarborough
       
       
       
       
       
       4-00778A-26                                            2026710__
    1                        A bill to be entitled                      
    2         An act relating to underground utility and excavation
    3         contractors; amending s. 489.105, F.S.; revising the
    4         definition of the term “underground utility and
    5         excavation contractor”; amending s. 633.102, F.S.;
    6         authorizing an underground utility and excavation
    7         contractor to take certain actions relating to
    8         underground piping for fire protection systems;
    9         defining the term “underground utility and excavation
   10         contractor”; reenacting ss. 489.107(4)(b), 489.113(2),
   11         489.117(1)(a), (2)(a) and (b), and (4)(a), (d), and
   12         (e), 489.118(1), 489.126(1), 489.131(10) and (11), and
   13         489.1402(1)(d), relating to the construction licensing
   14         board, qualifications and restrictions for practice,
   15         registration and specialty contractors, certification
   16         of registered contractors, moneys received by
   17         contractors, applicability, and homeowners’
   18         construction recovery fund and definitions,
   19         respectively, to incorporate the amendment made to s.
   20         489.105, F.S., in references thereto; reenacting ss.
   21         633.224(1) and 633.318(2)(a), F.S., relating to
   22         automatic fire sprinkler systems and fire protection
   23         system contractor certificate application and
   24         examination, respectively, to incorporate the
   25         amendment made to s. 633.102, F.S., in references
   26         thereto; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraph (n) of subsection (3) of section
   31  489.105, Florida Statutes, is amended to read:
   32         489.105 Definitions.—As used in this part:
   33         (3) “Contractor” means the person who is qualified for, and
   34  is only responsible for, the project contracted for and means,
   35  except as exempted in this part, the person who, for
   36  compensation, undertakes to, submits a bid to, or does himself
   37  or herself or by others construct, repair, alter, remodel, add
   38  to, demolish, subtract from, or improve any building or
   39  structure, including related improvements to real estate, for
   40  others or for resale to others; and whose job scope is
   41  substantially similar to the job scope described in one of the
   42  paragraphs of this subsection. For the purposes of regulation
   43  under this part, the term “demolish” applies only to demolition
   44  of steel tanks more than 50 feet in height; towers more than 50
   45  feet in height; other structures more than 50 feet in height;
   46  and all buildings or residences. Contractors are subdivided into
   47  two divisions, Division I, consisting of those contractors
   48  defined in paragraphs (a)-(c), and Division II, consisting of
   49  those contractors defined in paragraphs (d)-(q):
   50         (n) “Underground utility and excavation contractor” means a
   51  contractor whose services are limited to the construction,
   52  installation, and repair, on public or private property, whether
   53  accomplished through open excavations or through other means,
   54  including, but not limited to, directional drilling, auger
   55  boring, jacking and boring, trenchless technologies, wet and dry
   56  taps, grouting, and slip lining, of main sanitary sewer
   57  collection systems, main water distribution systems, storm sewer
   58  collection systems, and the continuation of utility lines from
   59  the main systems to a point of termination up to and including
   60  the meter location for the individual occupancy, sewer
   61  collection systems at property line on residential or single
   62  occupancy commercial properties, or on multioccupancy properties
   63  at manhole or wye lateral extended to an invert elevation as
   64  engineered to accommodate future building sewers, water
   65  distribution systems, or storm sewer collection systems at storm
   66  sewer structures. However, an underground utility and excavation
   67  contractor may install empty underground conduits in rights-of
   68  way, easements, platted rights-of-way in new site development,
   69  and sleeves for parking lot crossings no smaller than 2 inches
   70  in diameter if each conduit system installed is designed by a
   71  licensed professional engineer or an authorized employee of a
   72  municipality, county, or public utility and the installation of
   73  such conduit does not include installation of any conductor
   74  wiring or connection to an energized electrical system. An
   75  underground utility and excavation contractor may not install
   76  piping that is an integral part of a fire protection system as
   77  defined in s. 633.102 only up to a beginning at the point within
   78  5 feet of the building for which such system will be installed,
   79  terminating at a valve, but may not install such piping inside
   80  the building where the piping is used exclusively for such
   81  system.
   82         Section 2. Present subsections (33), (34), and (35) of
   83  section 633.102, Florida Statutes, are redesignated as
   84  subsections (34), (35), and (36), respectively, a new subsection
   85  (33) is added to that section, and subsection (3) of that
   86  section is amended, to read:
   87         633.102 Definitions.—As used in this chapter, the term:
   88         (3)(a) “Contractor I” means a contractor whose business
   89  includes the execution of contracts requiring the ability to lay
   90  out, fabricate, install, inspect, alter, repair, and service all
   91  types of fire protection systems, excluding preengineered
   92  systems.
   93         (b) “Contractor II” means a contractor whose business is
   94  limited to the execution of contracts requiring the ability to
   95  lay out, fabricate, install, inspect, alter, repair, and service
   96  water sprinkler systems, water spray systems, foam-water
   97  sprinkler systems, foam-water spray systems, standpipes,
   98  combination standpipes and sprinkler risers, all piping that is
   99  an integral part of the system beginning at the point of service
  100  as defined in this section, sprinkler tank heaters, air lines,
  101  thermal systems used in connection with sprinklers, and tanks
  102  and pumps connected thereto, excluding preengineered systems.
  103         (c) “Contractor III” means a contractor whose business is
  104  limited to the execution of contracts requiring the ability to
  105  fabricate, install, inspect, alter, repair, and service carbon
  106  dioxide systems, foam extinguishing systems, dry chemical
  107  systems, and Halon and other chemical systems, excluding
  108  preengineered systems.
  109         (d) “Contractor IV” means a contractor whose business is
  110  limited to the execution of contracts requiring the ability to
  111  lay out, fabricate, install, inspect, alter, repair, and service
  112  automatic fire sprinkler systems for detached one-family
  113  dwellings, detached two-family dwellings, and mobile homes,
  114  excluding preengineered systems and excluding single-family
  115  homes in cluster units, such as apartments, condominiums, and
  116  assisted living facilities or any building that is connected to
  117  other dwellings. A Contractor IV is limited to the scope of
  118  practice specified in NFPA 13D.
  119         (e) “Contractor V” means a contractor whose business is
  120  limited to the execution of contracts requiring the ability to
  121  fabricate, install, alter, repair, and service the underground
  122  piping for a fire protection system using water as the
  123  extinguishing agent beginning at the point of service as defined
  124  in this act and ending no more than 1 foot above the finished
  125  floor. A Contractor V may inspect underground piping for a
  126  water-based fire protection system under the direction of a
  127  Contractor I or Contractor II.
  128  
  129  This subsection may not be construed to include engineers or
  130  architects within the defined terms and does not limit or
  131  prohibit a licensed fire protection engineer or architect with
  132  fire protection design experience from designing any type of
  133  fire protection system. A distinction is made between system
  134  design concepts prepared by the design professional and system
  135  layout as defined in this section and typically prepared by the
  136  contractor. However, a person certified under this chapter as a
  137  Contractor I or Contractor II may design new fire protection
  138  systems of 49 or fewer sprinklers; may design the alteration of
  139  an existing fire sprinkler system if the alteration consists of
  140  the relocation, addition, or deletion of 49 or fewer sprinklers,
  141  notwithstanding the size of the existing fire sprinkler system;
  142  and may design the alteration of an existing fire sprinkler
  143  system if the alteration consists of the relocation or deletion
  144  of 249 or fewer sprinklers and the addition of up to 49
  145  sprinklers, as long as the cumulative total number of fire
  146  sprinklers being added, relocated, or deleted does not exceed
  147  249, notwithstanding the size of the existing fire sprinkler
  148  system, if there is no change of occupancy of the affected
  149  areas, as defined in the Florida Building Code and the Florida
  150  Fire Prevention Code, and there is no change in the water demand
  151  as defined in NFPA 13, “Standard for the Installation of
  152  Sprinkler Systems,” and if the occupancy hazard classification
  153  as defined in NFPA 13 is reduced or remains the same as a result
  154  of the alteration. Conflicts between the Florida Building Code
  155  and the Florida Fire Prevention Code shall be resolved pursuant
  156  to s. 553.73(1)(d). A person certified as a Contractor I,
  157  Contractor II, or Contractor IV may design a new fire protection
  158  system or design the alteration of an existing fire protection
  159  system, the scope of which complies with NFPA 13D, “Standard for
  160  the Installation of Sprinkler Systems in One- and Two-Family
  161  Dwellings and Manufactured Homes,” as adopted by the State Fire
  162  Marshal, notwithstanding the number of fire sprinklers.
  163  Contractor-developed plans may not be required by any local
  164  permitting authority to be sealed by a registered professional
  165  engineer. An underground utility and excavation contractor may
  166  fabricate, install, alter, repair, and service the underground
  167  piping for a fire protection system using water as the
  168  extinguishing agent up to a point within 5 feet of the building
  169  for which the fire protection system will be installed,
  170  terminating at a valve, but may not install such piping inside
  171  the building.
  172         (33)“Underground utility and excavation contractor” means
  173  an individual who holds a current and valid license as described
  174  under s. 489.105(3)(n).
  175         Section 3. For the purpose of incorporating the amendment
  176  made by this act to section 489.105, Florida Statutes, in a
  177  reference thereto, paragraph (b) of subsection (4) of section
  178  489.107, Florida Statutes, is reenacted to read:
  179         489.107 Construction Industry Licensing Board.—
  180         (4) The board shall be divided into two divisions, Division
  181  I and Division II.
  182         (b) Division II is comprised of the roofing contractor,
  183  sheet metal contractor, air-conditioning contractor, mechanical
  184  contractor, pool contractor, plumbing contractor, and
  185  underground utility and excavation contractor members of the
  186  board; one of the members appointed pursuant to paragraph
  187  (2)(j); and one of the members appointed pursuant to paragraph
  188  (2)(k). Division II has jurisdiction over the regulation of
  189  contractors defined in s. 489.105(3)(d)-(p).
  190         Section 4. For the purpose of incorporating the amendment
  191  made by this act to section 489.105, Florida Statutes, in a
  192  reference thereto, subsection (2) of section 489.113, Florida
  193  Statutes, is reenacted to read:
  194         489.113 Qualifications for practice; restrictions.—
  195         (2) A person must be certified or registered in order to
  196  engage in the business of contracting in this state. However,
  197  for purposes of complying with the provisions of this chapter, a
  198  subcontractor who is not certified or registered may perform
  199  construction work under the supervision of a person who is
  200  certified or registered, provided that the work is within the
  201  scope of the supervising contractor’s license, the supervising
  202  contractor is responsible for the work, and the subcontractor
  203  being supervised is not engaged in construction work that would
  204  require a license as a contractor under any of the categories
  205  listed in s. 489.105(3)(d)-(o). This subsection does not affect
  206  the application of any local construction licensing ordinances.
  207  To enforce this subsection:
  208         (a) The department shall issue a cease and desist order to
  209  prohibit any person from engaging in the business of contracting
  210  who does not hold the required certification or registration for
  211  the work being performed under this part. For the purpose of
  212  enforcing a cease and desist order, the department may file a
  213  proceeding in the name of the state seeking issuance of an
  214  injunction or a writ of mandamus against any person who violates
  215  any provision of such order.
  216         (b) A county, municipality, or local licensing board
  217  created by special act may issue a cease and desist order to
  218  prohibit any person from engaging in the business of contracting
  219  who does not hold the required certification or registration for
  220  the work being performed under this part.
  221         Section 5. For the purpose of incorporating the amendment
  222  made by this act to section 489.105, Florida Statutes, in
  223  references thereto, paragraph (a) of subsection (1), paragraphs
  224  (a) and (b) of subsection (2), and paragraphs (a), (d), and (e)
  225  of subsection (4) of section 489.117, Florida Statutes, are
  226  reenacted to read:
  227         489.117 Registration; specialty contractors.—
  228         (1)(a) A person engaged in the business of a contractor as
  229  defined in s. 489.105(3)(a)-(o) must be registered before
  230  engaging in business as a contractor in this state, unless he or
  231  she is certified. Except as provided in paragraph (2)(b), to be
  232  initially registered, the applicant must submit the required fee
  233  and file evidence of successful compliance with the local
  234  examination and licensing requirements, if any, in the area for
  235  which registration is desired. An examination is not required
  236  for registration.
  237         (2)(a) Except as provided in paragraph (b), the board may
  238  not issue a new registration after July 1, 1993, based on any
  239  certificate of competency or license for a category of
  240  contractor defined in s. 489.105(3)(a)-(o) which is issued by a
  241  municipal or county government that does not exercise
  242  disciplinary control and oversight over such locally licensed
  243  contractors, including forwarding a recommended order in each
  244  action to the board as provided in s. 489.131(7). For purposes
  245  of this subsection and s. 489.131(10), the board shall determine
  246  the adequacy of such disciplinary control by reviewing the local
  247  government’s ability to process and investigate complaints and
  248  to take disciplinary action against locally licensed
  249  contractors.
  250         (b) The board shall issue a registration to an eligible
  251  applicant to engage in the business of a contractor in a
  252  specified local jurisdiction, provided each of the following
  253  conditions are satisfied:
  254         1. The applicant held, in any local jurisdiction in this
  255  state during 2021, 2022, or 2023, a certificate of registration
  256  issued by the state or a local license issued by a local
  257  jurisdiction to perform work in a category of contractor defined
  258  in s. 489.105(3)(a)-(o).
  259         2. The applicant submits all of the following to the board:
  260         a. Evidence of the certificate of registration or local
  261  license held by the applicant as required by subparagraph 1.
  262         b. Evidence that the specified local jurisdiction does not
  263  have a license type available for the category of work for which
  264  the applicant was issued a certificate of registration or local
  265  license during 2021, 2022, or 2023, such as a notification on
  266  the website of the local jurisdiction or an e-mail or letter
  267  from the office of the local building official or local building
  268  department stating that such license type is not available in
  269  that local jurisdiction.
  270         c. Evidence that the applicant has submitted the required
  271  fee.
  272         d. Evidence of compliance with the insurance and financial
  273  responsibility requirements of s. 489.115(5).
  274  
  275  An examination is not required for an applicant seeking a
  276  registration under this paragraph.
  277         (4)(a)1. A person whose job scope does not substantially
  278  correspond to either the job scope of one of the contractor
  279  categories defined in s. 489.105(3)(a)-(o), or the job scope of
  280  one of the certified specialty contractor categories established
  281  by board rule, is not required to register with the board. A
  282  local government, as defined in s. 163.211, may not require a
  283  person to obtain a license, issued by the local government or
  284  the state, for a job scope which does not substantially
  285  correspond to the job scope of one of the contractor categories
  286  defined in s. 489.105(3)(a)-(o) and (q) or authorized in s.
  287  489.1455(1), or the job scope of one of the certified specialty
  288  contractor categories established pursuant to s. 489.113(6). A
  289  local government may not require a state or local license to
  290  obtain a permit for such job scopes. For purposes of this
  291  section, job scopes for which a local government may not require
  292  a license include, but are not limited to, painting; flooring;
  293  cabinetry; interior remodeling when the scope of the project
  294  does not include a task for which a state license is required;
  295  driveway or tennis court installation; handyman services;
  296  decorative stone, tile, marble, granite, or terrazzo
  297  installation; plastering; pressure washing; stuccoing; caulking;
  298  and canvas awning and ornamental iron installation.
  299         2. A county that includes an area designated as an area of
  300  critical state concern under s. 380.05 may offer a license for
  301  any job scope which requires a contractor license under this
  302  part if the county imposed such a licensing requirement before
  303  January 1, 2021.
  304         3. A local government may continue to offer a license for
  305  veneer, including aluminum or vinyl gutters, siding, soffit, or
  306  fascia; rooftop painting, coating, and cleaning above three
  307  stories in height; or fence installation and erection if the
  308  local government imposed such a licensing requirement before
  309  January 1, 2021.
  310         4. A local government may not require a license as a
  311  prerequisite to submit a bid for public works projects if the
  312  work to be performed does not require a license under general
  313  law.
  314         (d) Any person who is not required to obtain registration
  315  or certification pursuant to s. 489.105(3)(d)-(o) may perform
  316  contracting services for the construction, remodeling, repair,
  317  or improvement of single-family residences, including a
  318  townhouse as defined in the Florida Building Code, without
  319  obtaining a local license if such person is under the
  320  supervision of a certified or registered general, building, or
  321  residential contractor. As used in this paragraph, supervision
  322  shall not be deemed to require the existence of a direct
  323  contract between the certified or registered general, building,
  324  or residential contractor and the person performing specialty
  325  contracting services.
  326         (e) Any person who is not certified or registered may
  327  perform the work of a specialty contractor whose scope of
  328  practice is limited to the type of work specified under s.
  329  489.105(3)(j), (k), or (l) for the construction, remodeling,
  330  repair, or improvement of commercial or residential swimming
  331  pools, interactive water features as defined in the Florida
  332  Building Code, hot tubs, and spas without obtaining a local
  333  license or certification as a specialty contractor if he or she
  334  is supervised by a contractor who is certified or registered
  335  under s. 489.105(3)(j), (k), or (l); the work is within the
  336  scope of the supervising contractor’s license; the supervising
  337  contractor is responsible for the work; and the work does not
  338  require certification or registration under s. 489.105(3)(d)
  339  (i), (m)-(o), or s. 489.505. Such supervision does not require a
  340  direct contract between the contractor certified or registered
  341  under s. 489.105(3)(j), (k), or (l) and the person performing
  342  the work, or for the person performing the work to be an
  343  employee of the contractor certified or registered under s.
  344  489.105(3)(j), (k), or (l). This paragraph does not limit the
  345  exemptions provided in s. 489.103 and may not be construed to
  346  expand the scope of a contractor certified or registered under
  347  s. 489.105(3)(j), (k), or (l) to provide plumbing or electrical
  348  services for which certification or registration is required by
  349  this part or part II.
  350         Section 6. For the purpose of incorporating the amendment
  351  made by this act to section 489.105, Florida Statutes, in a
  352  reference thereto, subsection (1) of section 489.118, Florida
  353  Statutes, is reenacted to read:
  354         489.118 Certification of registered contractors;
  355  grandfathering provisions.—The board shall, upon receipt of a
  356  completed application and appropriate fee, issue a certificate
  357  in the appropriate category to any contractor registered under
  358  this part who makes application to the board and can show that
  359  he or she meets each of the following requirements:
  360         (1) Currently holds a valid registered local license in one
  361  of the contractor categories defined in s. 489.105(3)(a)-(p).
  362         Section 7. For the purpose of incorporating the amendment
  363  made by this act to section 489.105, Florida Statutes, in a
  364  reference thereto, subsection (1) of section 489.126, Florida
  365  Statutes, is reenacted to read:
  366         489.126 Moneys received by contractors.—
  367         (1) For purposes of this section, the term “contractor”
  368  includes all definitions as set forth in s. 489.105(3), and any
  369  person performing or contracting or promising to perform work
  370  described therein, without regard to the licensure of the
  371  person.
  372         Section 8. For the purpose of incorporating the amendment
  373  made by this act to section 489.105, Florida Statutes, in a
  374  reference thereto, subsections (10) and (11) of section 489.131,
  375  Florida Statutes, are reenacted to read:
  376         489.131 Applicability.—
  377         (10) No municipal or county government may issue any
  378  certificate of competency or license for any contractor defined
  379  in s. 489.105(3)(a)-(o) after July 1, 1993, unless such local
  380  government exercises disciplinary control and oversight over
  381  such locally licensed contractors, including forwarding a
  382  recommended order in each action to the board as provided in
  383  subsection (7). Each local board that licenses and disciplines
  384  contractors must have at least two consumer representatives on
  385  that board. If the board has seven or more members, at least
  386  three of those members must be consumer representatives. The
  387  consumer representative may be any resident of the local
  388  jurisdiction who is not, and has never been, a member or
  389  practitioner of a profession regulated by the board or a member
  390  of any closely related profession.
  391         (11) Any municipal or county government which enters or has
  392  in place a reciprocal agreement which accepts a certificate of
  393  competency or license issued by another municipal or county
  394  government in lieu of its own certificate of competency or
  395  license allowing contractors defined in s. 489.105(3)(a)-(o),
  396  shall file a certified copy of such agreement with the board not
  397  later than 60 days after July 1, 1993, or 30 days after the
  398  effective date of such agreement.
  399         Section 9. For the purpose of incorporating the amendment
  400  made by this act to section 489.105, Florida Statutes, in a
  401  reference thereto, paragraph (d) of subsection (1) of section
  402  489.1402, Florida Statutes, is reenacted to read:
  403         489.1402 Homeowners’ Construction Recovery Fund;
  404  definitions.—
  405         (1) The following definitions apply to ss. 489.140-489.144:
  406         (d) “Contractor” means a Division I or Division II
  407  contractor performing his or her respective services described
  408  in s. 489.105(3).
  409         Section 10. For the purpose of incorporating the amendment
  410  made by this act to section 633.102, Florida Statutes, in a
  411  reference thereto, subsection (1) of section 633.224, Florida
  412  Statutes, is reenacted to read:
  413         633.224 Automatic fire sprinkler systems for one-family
  414  dwellings, two-family dwellings, and mobile homes.—
  415         (1) It is unlawful for a person to engage in the business
  416  or act in the capacity of a contractor of automatic fire
  417  sprinkler systems for one-family dwellings, two-family
  418  dwellings, and mobile homes without having been duly certified
  419  and holding a current certificate as a Contractor I, Contractor
  420  II, or Contractor IV as defined in s. 633.102.
  421         Section 11. For the purpose of incorporating the amendment
  422  made by this act to section 633.102, Florida Statutes, in a
  423  reference thereto, paragraph (a) of subsection (2) of section
  424  633.318, Florida Statutes, is reenacted to read:
  425         633.318 Certificate application and issuance; permit
  426  issuance; examination and investigation of applicant.—
  427         (2)(a) Examinations shall be administered by the division
  428  and held at times and places within the state as the division
  429  determines, but there shall be at least two examinations a year.
  430  Each applicant shall take and pass an objective, written
  431  examination of her or his fitness for a certificate in the class
  432  for which the application is requested. There shall be a type of
  433  examination for each class of certificate for contractors as
  434  defined in s. 633.102. The examination must test the applicant’s
  435  ability to lay out, fabricate, install, alter, repair, and
  436  inspect fire protection systems and their appurtenances and must
  437  test the applicant’s fitness in business and financial
  438  management. The test must be based on applicable standards of
  439  the National Fire Protection Association and on relevant Florida
  440  and federal laws pertaining to the construction industry, safety
  441  standards, administrative procedures, and pertinent technical
  442  data.
  443         Section 12. This act shall take effect July 1, 2026.