F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 525 2024
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,
16 and is only responsible for, the project contracted for and
17 means, 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
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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 poo l
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
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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
55 installation of swimming pools, spas, hot tubs, or water
56 features and the operation of construction pumps for dewatering
57 purposes for swimming pool, spa, hot tub, or water feature
58 excavation sites and drained swimming pools, spas, hot tubs, or
59 water features.
60 f. The installation of rebar or similar support materials
61 for swimming pool, spa, hot tub, or water feature structures,
62 and the shaping and shooting of gunite dry mix and wet mix,
63 concrete, or similar product mix used in the construction of
64 swimming pools, spas, hot tubs, or water features.
65 g. The installation of fiberglass swimming pool, spa, or
66 hot tub shells and vinyl swimming pool, spa, or hot tub liners.
67 h. The application and removal of all interior swimming
68 pool, spa, hot tub, or water feature finishes.
69 i. The construction, maintenance, or remodel of decorative
70 or interactive water features, displays, or areas that use
71 recirculated water, including fountains, waterfalls, and spray
72 nozzles.
73 j. The installation of all swimming pool, spa, hot tub, or
74 water feature piping including, but not limited to, drain
75 piping, perimeter piping, and circulation or filter piping used
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76 in the construction of swimming pools, spas, hot tubs, or
77 decorative or interactive water feature displays or areas.
78 k. The construction and installation of retaining walls,
79 concrete flatwork, pavers and bricks, and footings associated
80 with the construction of swimming pools, spas, hot tubs, or
81 water features, whether newly constructed or additions to or
82 remodels of existing swimming pools, spas, hot tubs, or water
83 features The installation, repair, or replacement of existing
84 equipment, any cleaning or equipment sanitizing that requires at
85 least a partial disassembling, excluding filter changes, and the
86 installation of new pool/spa equipment, interior finishes, the
87 installation of package pool heaters, the installation of all
88 perimeter piping and filter piping, and the construction of
89 equipment rooms or housing for pool/spa equipment, and also
90 includes the scope of work of a swimming pool/spa servicing
91 contractor.
92 2. The scope of such work does not include direct
93 connections to a sanitary sewer system or to potable water
94 lines, the installation or upgrade of dedicated electrical
95 disconnect or electrical circuits, or any work inside a main
96 electrical panel. The installation, construction, modification,
97 or replacement of equipment permanently attached to and
98 associated with the pool or spa for the purpose of water
99 treatment or cleaning of the pool or spa requires licensure;
100 however,
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101 3. The usage of swimming pool, spa, hot tub, or water
102 feature such equipment for the purposes of water treatment or
103 cleaning does not require licensure unless the usage involves
104 installation construction, modification, or replacement of such
105 equipment. Water treatment that does not require such equipment ;
106 filter media changes; or the cleaning of a swimming pool, spa,
107 hot tub, or water feature, or its associated equipment, which
108 does not affect the structural integrity of the swimming pool,
109 spa, hot tub, or water feature, does not require a license. In
110 addition, a license is not required for the cleaning of the pool
111 or spa in a way that does not affect the structural integrity of
112 the pool or spa or its associated equipment.
113 (k) "Residential pool/spa contractor" has the same meaning
114 as a commercial pool/spa contractor under paragraph (j), except
115 a residential pool/spa contractor may not construct any new
116 commercial swimming pool, spa, hot tub, or public bathing place.
117 means a contractor whose scope of work involves, but is not
118 limited to, the construction, repair, and servicing of a
119 residential swimming pool, or hot tub or spa, regardless of use.
120 The scope of work includes the installation, repair, or
121 replacement of existing equipment, any cleaning or equipment
122 sanitizing that requires at least a partial disassembling,
123 excluding filter changes, and the installation of new pool/spa
124 equipment, interior finishes, the installation of package pool
125 heaters, the installation of all perimeter piping and filter
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126 piping, and the construction of equipment rooms or housing for
127 pool/spa equipment, and also includes the scope of work of a
128 swimming pool/spa servicing contractor. The scope of such work
129 does not include direct connections to a sanitary sewer system
130 or to potable water lines. The installation, construction,
131 modification, or replacement of equipment permanently attached
132 to and associated with the pool or spa for the purp ose of water
133 treatment or cleaning of the pool or spa requires licensure;
134 however, the usage of such equipment for the purposes of water
135 treatment or cleaning does not require licensure unless the
136 usage involves construction, modification, or replacement of
137 such equipment. Water treatment that does not require such
138 equipment does not require a license. In addition, a license is
139 not required for the cleaning of the pool or spa in a way that
140 does not affect the structural integrity of the pool or spa or
141 its associated equipment.
142 (l) "Swimming pool/spa servicing contractor" means a
143 contractor whose scope of work includes involves, but is not
144 limited to, all aspects of the repair, renovation, remodeling,
145 or and servicing of a swimming pool, or hot tub, or spa, splash
146 pad or other interactive water feature, decorative water
147 feature, public bathing place, or swimming pool or spa
148 appurtenance, whether public or private, or otherwise,
149 regardless of use.
150 1. The scope of work includes, but is not limited to, all
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151 of the following:
152 a. The installation, repair, or replacement of all
153 swimming pool, spa, hot tub, or water feature equipment,
154 including, but not limited to, pool pumps; filters; feeders;
155 controllers; and swimming pool, spa, or hot tub heaters, whether
156 electric, gas, or solar.
157 b. The connection, replacement, disconnection, or
158 reconnection of power wiring on the load side of the dedicated
159 existing electrical circuit disconnect means for swimming pool,
160 spa, hot tub, or water feature equipment.
161 c. The repair or replacement of equipotential bonding;
162 swimming pool, spa, or hot tub lighting; light transformers;
163 light conduit; and any cleaning or sanitizing equipment that
164 requires at least partial disassembling.
165 d. The repair of equipment rooms or housing for swimming
166 pool, spa, hot tub, or water feature equipment.
167 e. The repair or replacement of all perimeter piping and
168 filter piping.
169 f. The substantial or complete draining of a swimming
170 pool, spa, or hot tub for the purpose of a repair or renovation
171 and the operation of construction pumps for dewatering purposes
172 for drained swimming pools, spas, hot tubs, or water features.
173 g. The removal and reapplication of all interior swimming
174 pool, spa, hot tub, or water feature finishes.
175 h. The installation, repair, or replacement of all tile
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176 and coping for swimming pools, spas, hot tubs, or water features
177 the repair or replacement of existing equipment, any cleaning or
178 equipment sanitizing that requires at least a partial
179 disassembling, excluding filter changes, and the installation of
180 new pool/spa equipment, interior refinishing, the reinstallation
181 or addition of pool heaters, the repair or replacement of all
182 perimeter piping and filter piping, the repair of equipment
183 rooms or housing for pool/spa equipment, and the substantial or
184 complete draining of a swimming pool, or hot tub or spa, for the
185 purpose of repair or renovation.
186 2. The scope of such work does not include direct
187 connections to a sanitary sewer system or to potable water
188 lines, the installation or upgrade of dedicated electrical
189 disconnect or electrical circuits, or any work inside a main
190 electrical panel. The installation, construction, modification,
191 substantial or complete disassembly, or replacement of equipment
192 permanently attached to and associated with the pool or spa for
193 the purpose of water treatment or cleaning of the pool or spa
194 requires licensure; however,
195 3. The usage of swimming pool, spa, hot tub, or water
196 feature such equipment for the purposes of water treatment or
197 cleaning does not require licensure unless the usage involves
198 installation construction, modification, substantial or complete
199 disassembly, or replacement of such equipment. Water treatment
200 that does not require such equipment; filter media changes; or
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201 the cleaning of a swimming pool, spa, hot tub, or water feature,
202 or its associated equipment, which does not affect the
203 structural integrity of the swimming pool, spa, hot tub, or
204 water feature does not require a license. In addition, a license
205 is not required for the cleaning of the pool or spa in a way
206 that does not affect the structural integrity of the pool or spa
207 or its associated equipment.
208 Section 2. Subsections (3) and (6) of section 489.143,
209 Florida Statutes, are amended to read:
210 489.143 Payment from the fund.—
211 (3)(a) Beginning January 1, 2005, for each Division I
212 contract entered into after July 1, 2004, payment from the
2