Bill Summary – FastDemocracy

       Florida Senate - 2024                                     SB 922
       
       
        
       By Senator Perry
       
       
       
       
       
       9-00879-24                                             2024922__
                      A bill to be entitled                      
       An act relating to swimming pool and spa contractors;
       amending s. 489.105, F.S.; revising definitions;
       amending s. 489.143, F.S.; specifying a maximum
       recovery amount for certain claims relating to certain
       contracts; specifying a total aggregate cap for
       certain licensees relating to certain contracts;
       providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Paragraphs (j), (k), and (l) of subsection (3)
of section 489.105, Florida Statutes, are amended to read:
       489.105 Definitions.—As used in this part:
       (3) “Contractor” means the person who is qualified for, and
is only responsible for, the project contracted for and means,
except as exempted in this part, the person who, for
compensation, undertakes to, submits a bid to, or does himself
or herself or by others construct, repair, alter, remodel, add
to, demolish, subtract from, or improve any building or
structure, including related improvements to real estate, for
others or for resale to others; and whose job scope is
substantially similar to the job scope described in one of the
paragraphs of this subsection. For the purposes of regulation
under this part, the term “demolish” applies only to demolition
of steel tanks more than 50 feet in height; towers more than 50
feet in height; other structures more than 50 feet in height;
and all buildings or residences. Contractors are subdivided into
two divisions, Division I, consisting of those contractors
defined in paragraphs (a)-(c), and Division II, consisting of
those contractors defined in paragraphs (d)-(q):
       (j) “Commercial pool/spa contractor” means a contractor
whose scope of work involves, but is not limited to, all phases
of the construction, repair, renovation, remodel,
deconstruction, and servicing of any swimming pool, or hot tub,
or spa, splash pad or other interactive water feature,
decorative water feature, public bathing place, or swimming pool
or spa appurtenance, whether public, private, or otherwise,
regardless of use.
       1. The scope of such work includes, but is not limited to,
all of the following:
       a. The scope of work of a swimming pool/spa servicing
contractor.
       b. The connection, replacement, disconnection, or
reconnection of power wiring on the load side of the dedicated
existing electrical circuit disconnect means for swimming pool,
spa, hot tub, or water feature equipment.
       c. The installation of equipotential bonding; swimming
pool, spa, or hot tub lighting; light transformers; light
conduit; and any cleaning or sanitizing equipment that requires
at least partial disassembling.
       d. The construction of equipment rooms or housing for
swimming pool, spa, hot tub, or water feature equipment.
       e. Excavation and earthmoving required for the installation
of swimming pools, spas, hot tubs, or water features and the
operation of construction pumps for dewatering purposes for
swimming pool, spa, hot tub, or water feature excavation sites
and drained swimming pools, spas, hot tubs, or water features.
       f. The installation of rebar or similar support materials
for swimming pool, spa, hot tub, or water feature structures,
and the shaping and shooting of gunite dry mix and wet mix,
concrete, or similar product mix used in the construction of
swimming pools, spas, hot tubs, or water features.
       g. The installation of fiberglass swimming pool, spa, or
hot tub shells and vinyl swimming pool, spa, or hot tub liners.
       h. The application and removal of all interior swimming
pool, spa, hot tub, or water feature finishes.
       i. The construction, maintenance, or remodel of decorative
or interactive water features, displays, or areas that use
recirculated water, including fountains, waterfalls, and spray
nozzles.
       j. The installation of all swimming pool, spa, hot tub, or
water feature piping, including, but not limited to, drain
piping, perimeter piping, and circulation or filter piping, used
in the construction of swimming pools, spas, hot tubs, or
decorative or interactive water feature displays or areas.
       k. The construction and installation of retaining walls,
concrete flatwork, pavers and bricks, and footings associated
with the construction of swimming pools, spas, hot tubs, or
water features, whether newly constructed or additions to or
remodels of existing swimming pools, spas, hot tubs, or water
features The installation, repair, or replacement of existing
equipment, any cleaning or equipment sanitizing that requires at
least a partial disassembling, excluding filter changes, and the
installation of new pool/spa equipment, interior finishes, the
installation of package pool heaters, the installation of all
perimeter piping and filter piping, and the construction of
equipment rooms or housing for pool/spa equipment, and also
includes the scope of work of a swimming pool/spa servicing
contractor.
       2. The scope of such work does not include direct
connections to a sanitary sewer system or to potable water
lines, the installation or upgrade of dedicated electrical
disconnect or electrical circuits, or any work inside a main
electrical panel. The installation, construction, modification,
or replacement of equipment permanently attached to and
associated with the pool or spa for the purpose of water
treatment or cleaning of the pool or spa requires licensure;
however,
       3. The usage of swimming pool, spa, hot tub, or water
feature such equipment for the purposes of water treatment or
cleaning does not require licensure unless the usage involves
installation construction, modification, or replacement of such
equipment. Water treatment that does not require such equipment;
filter media changes; or the cleaning of a swimming pool, spa,
hot tub, or water feature, or its associated equipment, which
does not affect the structural integrity of the swimming pool,
spa, hot tub, or water feature, does not require a license. In
addition, a license is not required for the cleaning of the pool
or spa in a way that does not affect the structural integrity of
the pool or spa or its associated equipment.
       (k) “Residential pool/spa contractor” has the same meaning
as a commercial pool/spa contractor under paragraph (j), except
a residential pool/spa contractor may not construct any new
commercial swimming pool, spa, hot tub, or public bathing place.
means a contractor whose scope of work involves, but is not
limited to, the construction, repair, and servicing of a
residential swimming pool, or hot tub or spa, regardless of use.
The scope of work includes the installation, repair, or
replacement of existing equipment, any cleaning or equipment
sanitizing that requires at least a partial disassembling,
excluding filter changes, and the installation of new pool/spa
equipment, interior finishes, the installation of package pool
heaters, the installation of all perimeter piping and filter
piping, and the construction of equipment rooms or housing for
pool/spa equipment, and also includes the scope of work of a
swimming pool/spa servicing contractor. The scope of such work
does not include direct connections to a sanitary sewer system
or to potable water lines. The installation, construction,
modification, or replacement of equipment permanently attached
to and associated with the pool or spa for the purpose of water
treatment or cleaning of the pool or spa requires licensure;
however, the usage of such equipment for the purposes of water
treatment or cleaning does not require licensure unless the
usage involves construction, modification, or replacement of
such equipment. Water treatment that does not require such
equipment does not require a license. In addition, a license is
not required for the cleaning of the pool or spa in a way that
does not affect the structural integrity of the pool or spa or
its associated equipment.
       (l) “Swimming pool/spa servicing contractor” means a
contractor whose scope of work includes involves, but is not
limited to, all aspects of the repair, renovation, remodeling,
or and servicing of a swimming pool, or hot tub, or spa, splash
pad or other interactive water feature, decorative water
feature, public bathing place, or swimming pool or spa
appurtenance, whether public or private, or otherwise,
regardless of use.
       1. The scope of work includes, but is not limited to, all
of the following:
       a. The installation, repair, or replacement of all swimming
pool, spa, hot tub, or water feature equipment, including, but
not limited to, pool pumps; filters; feeders; controllers; and
swimming pool, spa, or hot tub heaters, whether electric, gas,
or solar.
       b. The connection, replacement, disconnection, or
reconnection of power wiring on the load side of the dedicated
existing electrical circuit disconnect means for swimming pool,
spa, hot tub, or water feature equipment.
       c. The repair or replacement of equipotential bonding;
swimming pool, spa, or hot tub lighting; light transformers;
light conduit; and any cleaning or sanitizing equipment that
requires at least partial disassembling.
       d. The repair of equipment rooms or housing for swimming
pool, spa, hot tub, or water feature equipment.
       e. The repair or replacement of all perimeter piping and
filter piping.
       f. The substantial or complete draining of a swimming pool,
spa, or hot tub for the purpose of a repair or renovation and
the operation of construction pumps for dewatering purposes for
drained swimming pools, spas, hot tubs, or water features.
       g. The removal and reapplication of all interior swimming
pool, spa, hot tub, or water feature finishes.
       h. The installation, repair, or replacement of all tile and
coping for swimming pools, spas, hot tubs, or water features the
repair or replacement of existing equipment, any cleaning or
equipment sanitizing that requires at least a partial
disassembling, excluding filter changes, and the installation of
new pool/spa equipment, interior refinishing, the reinstallation
or addition of pool heaters, the repair or replacement of all
perimeter piping and filter piping, the repair of equipment
rooms or housing for pool/spa equipment, and the substantial or
complete draining of a swimming pool, or hot tub or spa, for the
purpose of repair or renovation.
       2. The scope of such work does not include direct
connections to a sanitary sewer system or to potable water
lines, the installation or upgrade of dedicated electrical
disconnect or electrical circuits, or any work inside a main
electrical panel. The installation, construction, modification,
substantial or complete disassembly, or replacement of equipment
permanently attached to and associated with the pool or spa for
the purpose of water treatment or cleaning of the pool or spa
requires licensure; however,
       3. The usage of swimming pool, spa, hot tub, or water
feature such equipment for the purposes of water treatment or
cleaning does not require licensure unless the usage involves
installation construction, modification, substantial or complete
disassembly, or replacement of such equipment. Water treatment
that does not require such equipment; filter media changes; or
the cleaning of a swimming pool, spa, hot tub, or water feature,
or its associated equipment, which does not affect the
structural integrity of the swimming pool, spa, hot tub, or
water feature does not require a license. In addition, a license
is not required for the cleaning of the pool or spa in a way
that does not affect the structural integrity of the pool or spa
or its associated equipment.
       Section 2. Subsections (3) and (6) of section 489.143,
Florida Statutes, are amended to read:
       489.143 Payment from the fund.—
       (3)(a) Beginning January 1, 2005, for each Division I
contract entered into after July 1, 2004, payment from the
recovery fund is subject to a $50,000 maximum payment for each
Division I claim.
       (b) Beginning January 1, 2017, for each Division II
contract entered into on or after July 1, 2016, payment from the
recovery fund is subject to a $15,000 maximum payment for each
Division II claim.
       (c) Beginning January 1, 2025, for each contract entered
into on or after July 1, 2024, with a Division II contractor
certified or registered to perform the scope of work described
in s. 489.105(3)(j), (k), or (l), payment from the recovery fund
is subject to a $50,000 maximum payment for each Division II
claim.
       (6)(a) For contracts entered into before July 1, 2004,
payments for claims against any one licensee may not exceed, in
the aggregate, $100,000 annually, up to a total aggregate of
$250,000. For any claim approved by the board which is in excess
of the annual cap, the amount in excess of $100,000 up to the
total aggregate cap of $250,000 is eligible for payment in the
next and succeeding fiscal years, but only after all claims for
the then-current calendar year have been paid. Payments may not
exceed the aggregate annual or per claimant limits under law.
       (b) Beginning January 1, 2005, for each Division I contract
entered into after July 1, 2004, payment from the recovery fund
is subject only to a total aggregate cap of $500,000 for each
Division I licensee.
       (c) Beginning January 1, 2017, for each Division II
contract entered into on or after July 1, 2016, payment from the
recovery fund is subject only to a total aggregate cap of
$150,000 for each Division II licensee.
       (d) Beginning January 1, 2025, for each contract entered
into on or after July 1, 2024, with a Division II contractor
certified or registered to perform the scope of work described
in s. 489.105(3)(j), (k), or (l), payment from the recovery fund
is subject only to a total aggregate cap of $500,000 for each
Division II licensee.
       Section 3. This act shall take effect July 1, 2024.