HB 525 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0525-00
Page 1 of 10
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
A bill to be entitled 1
An act relating to swimming pool and spa contractors; 2
amending s. 489.105, F.S.; revising definitions; 3
amending s. 489.143, F.S.; specifying a maximum 4
recovery amount for certain claims relating to certain 5
contracts; specifying a total aggregate cap for 6
certain licensees relating to certain contracts; 7
providing an effective date. 8
9
Be It Enacted by the Legislature of the State of Florida: 10
11
Section 1. Paragraphs (j), (k), and (l) of subsection (3) 12
of section 489.105, Florida Statutes, are amended to read: 13
489.105 Definitions. —As used in this part: 14
(3) "Contractor" means the person who is qualified for, 15
and is only responsible for, the project co ntracted for and 16
means, except as exempted in this part, the person who, for 17
compensation, undertakes to, submits a bid to, or does himself 18
or herself or by others construct, repair, alter, remodel, add 19
to, demolish, subtract from, or improve any building or 20
structure, including related improvements to real estate, for 21
others or for resale to others; and whose job scope is 22
substantially similar to the job scope described in one of the 23
paragraphs of this subsection. For the purposes of regulation 24
under this part, the term "demolish" applies only to demolition 25
HB 525 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0525-00
Page 2 of 10
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
of steel tanks more than 50 feet in height; towers more than 50 26
feet in height; other structures more than 50 feet in height; 27
and all buildings or residences. Contractors are subdivided into 28
two divisions, Division I, consisting of those contractors 29
defined in paragraphs (a) -(c), and Division II, consisting of 30
those contractors defined in paragraphs (d) -(q): 31
(j) "Commercial pool/spa contractor" means a contractor 32
whose scope of work involves, but is not limited to, all phases 33
of the construction, repair, renovation, remodel, 34
deconstruction, and servicing of any swimming pool, or hot tub, 35
or spa, splash pad or other interactive water feature, 36
decorative water feature, public bathing place, or swimming poo l 37
or spa appurtenance, whether public, private, or otherwise, 38
regardless of use. 39
1. The scope of such work includes, but is not limited to, 40
all of the following: 41
a. The scope of work of a swimming pool/spa servicing 42
contractor. 43
b. The connection, rep lacement, disconnection, or 44
reconnection of power wiring on the load side of the dedicated 45
existing electrical circuit disconnect means for swimming pool, 46
spa, hot tub, or water feature equipment. 47
c. The installation of equipotential bonding; swimming 48
pool, spa, or hot tub lighting; light transformers; light 49
conduit; and any cleaning or sanitizing equipment that requires 50
HB 525 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0525-00
Page 3 of 10
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
at least partial disassembling. 51
d. The construction of equipment rooms or housing for 52
swimming pool, spa, hot tub, or water feature eq uipment. 53
e. Excavation and earthmoving required for the 54
installation of swimming pools, spas, hot tubs, or water 55
features and the operation of construction pumps for dewatering 56
purposes for swimming pool, spa, hot tub, or water feature 57
excavation sites and drained swimming pools, spas, hot tubs, or 58
water features. 59
f. The installation of rebar or similar support materials 60
for swimming pool, spa, hot tub, or water feature structures, 61
and the shaping and shooting of gunite dry mix and wet mix, 62
concrete, or similar product mix used in the construction of 63
swimming pools, spas, hot tubs, or water features. 64
g. The installation of fiberglass swimming pool, spa, or 65
hot tub shells and vinyl swimming pool, spa, or hot tub liners. 66
h. The application and removal of all interior swimming 67
pool, spa, hot tub, or water feature finishes. 68
i. The construction, maintenance, or remodel of decorative 69
or interactive water features, displays, or areas that use 70
recirculated water, including fo untains, waterfalls, and spray 71
nozzles. 72
j. The installation of all swimming pool, spa, hot tub, or 73
water feature piping including, but not limited to, drain 74
piping, perimeter piping, and circulation or filter piping used 75
HB 525 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0525-00
Page 4 of 10
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
in the construction of swimming p ools, spas, hot tubs, or 76
decorative or interactive water feature displays or areas. 77
k. The construction and installation of retaining walls, 78
concrete flatwork, pavers and bricks, and footings associated 79
with the construction of swimming pools, spas, hot tubs, or 80
water features, whether newly constructed or additions to or 81
remodels of existing swimming pools, spas, hot tubs, or water 82
features The installation, repair, or replacement of existing 83
equipment, any cleaning or equipment sanitizing that requires at 84
least a partial disassembling, excluding filter changes, and the 85
installation of new pool/spa equipment, interior finishes, the 86
installation of package pool heaters, the installation of all 87
perimeter piping and filter piping, and the construction of 88
equipment rooms or housing for pool/spa equipment, and also 89
includes the scope of work of a swimming pool/spa servicing 90
contractor. 91
2. The scope of such work does not include direct 92
connections to a sanitary sewer system or to potable water 93
lines, the installation or upgrade of dedicated electrical 94
disconnect or electrical circuits, or any work inside a main 95
electrical panel. The installation, construction, modification, 96
or replacement of equipment permanently attached to and 97
associated with the pool or spa for the purpose of water 98
treatment or cleaning of the pool or spa requires licensure; 99
however, 100
HB 525 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0525-00
Page 5 of 10
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
3. The usage of swimming pool, spa, hot tub, or water 101
feature such equipment for the purposes of water treatment or 102
cleaning does not require licensure unless the usage involves 103
installation construction, modification, or replacement of such 104
equipment. Water treatment that does not require such equipment ; 105
filter media changes; or the cleaning of a swimming pool, spa, 106
hot tub, or water feature, or its associated equipment, which 107
does not affect the structural integrity of the swimming pool, 108
spa, hot tub, or water feature, does not require a license. In 109
addition, a license is not required for the cleaning of the pool 110
or spa in a way that does not affect the structu ral integrity of 111
the pool or spa or its associated equipment. 112
(k) "Residential pool/spa contractor" has the same meaning 113
as a commercial pool/spa contractor under paragraph (j), except 114
a residential pool/spa contractor may not construct any new 115
commercial swimming pool, spa, hot tub, or public bathing place. 116
means a contractor whose scope of work involves, but is not 117
limited to, the construction, repair, and servicing of a 118
residential swimming pool, or hot tub or spa, regardless of use. 119
The scope of work includes the installation, repair, or 120
replacement of existing equipment, any cleaning or equipment 121
sanitizing that requires at least a partial disassembling, 122
excluding filter changes, and the installation of new pool/spa 123
equipment, interior finishes, the i nstallation of package pool 124
heaters, the installation of all perimeter piping and filter 125
HB 525 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0525-00
Page 6 of 10
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
piping, and the construction of equipment rooms or housing for 126
pool/spa equipment, and also includes the scope of work of a 127
swimming pool/spa servicing contractor. The scope of such work 128
does not include direct connections to a sanitary sewer system 129
or to potable water lines. The installation, construction, 130
modification, or replacement of equipment permanently attached 131
to and associated with the pool or spa for the purp ose of water 132
treatment or cleaning of the pool or spa requires licensure; 133
however, the usage of such equipment for the purposes of water 134
treatment or cleaning does not require licensure unless the 135
usage involves construction, modification, or replacement o f 136
such equipment. Water treatment that does not require such 137
equipment does not require a license. In addition, a license is 138
not required for the cleaning of the pool or spa in a way that 139
does not affect the structural integrity of the pool or spa or 140
its associated equipment. 141
(l) "Swimming pool/spa servicing contractor" means a 142
contractor whose scope of work includes involves, but is not 143
limited to, all aspects of the repair, renovation, remodeling, 144
or and servicing of a swimming pool, or hot tub, or spa, splash 145
pad or other interactive water feature, decorative water 146
feature, public bathing place, or swimming pool or spa 147
appurtenance, whether public or private, or otherwise, 148
regardless of use. 149
1. The scope of work includes , but is not limited to, a ll 150
HB 525 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0525-00
Page 7 of 10
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
of the following: 151
a. The installation, repair, or replacement of all 152
swimming pool, spa, hot tub, or water feature equipment, 153
including, but not limited to, pool pumps; filters; feeders; 154
controllers; and swimming pool, spa, or hot tub heaters, whether 155
electric, gas, or solar. 156
b. The connection, replacement, disconnection, or 157
reconnection of power wiring on the load side of the dedicated 158
existing electrical circuit disconnect means for swimming pool, 159
spa, hot tub, or water feature equipment. 160
c. The repair or replacement of equipotential bonding; 161
swimming pool, spa, or hot tub lighting; light transformers; 162
light conduit; and any cleaning or sanitizing equipment that 163
requires at least partial disassembling. 164
d. The repair of equipment rooms or housing for swimming 165
pool, spa, hot tub, or water feature equipment. 166
e. The repair or replacement of all perimeter piping and 167
filter piping. 168
f. The substantial or complete draining of a swimming 169
pool, spa, or hot tub for the purpose of a repair or renovation 170
and the operation of construction pumps for dewatering purposes 171
for drained swimming pools, spas, hot tubs, or water features. 172
g. The removal and reapplication of all interior swimming 173
pool, spa, hot tub, or water feature finishes. 174
h. The installation, repair, or replacement of all tile 175
HB 525 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0525-00
Page 8 of 10
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
and coping for swimming pools, spas, hot tubs, or water features 176
the repair or replacement of existing equipment, any cleaning or 177
equipment sanitizing that requires at least a partial 178
disassembling, excluding filter chan ges, and the installation of 179
new pool/spa equipment, interior refinishing, the reinstallation 180
or addition of pool heaters, the repair or replacement of all 181
perimeter piping and filter piping, the repair of equipment 182
rooms or housing for pool/spa equipment, and the substantial or 183
complete draining of a swimming pool, or hot tub or spa, for the 184
purpose of repair or renovation . 185
2. The scope of such work does not include direct 186
connections to a sanitary sewer system or to potable water 187
lines, the installation or upgrade of dedicated electrical 188
disconnect or electrical circuits, or any work inside a main 189
electrical panel. The installation, construction, modification, 190
substantial or complete disassembly, or replacement of equipment 191
permanently attached to and as sociated with the pool or spa for 192
the purpose of water treatment or cleaning of the pool or spa 193
requires licensure; however, 194
3. The usage of swimming pool, spa, hot tub, or water 195
feature such equipment for the purposes of water treatment or 196
cleaning does not require licensure unless the usage involves 197
installation construction, modification, substantial or complete 198
disassembly, or replacement of such equipment. Water treatment 199
that does not require such equipment ; filter media changes; or 200
HB 525 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0525-00
Page 9 of 10
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
the cleaning of a swimming pool, spa, hot tub, or water feature, 201
or its associated equipment, which does not affect the 202
structural integrity of the swimming pool, spa, hot tub, or 203
water feature does not require a license. In addition, a license 204
is not required for the cle aning of the pool or spa in a way 205
that does not affect the structural integrity of the pool or spa 206
or its associated equipment. 207
Section 2. Subsections (3) and (6) of section 489.143, 208
Florida Statutes, are amended to read: 209
489.143 Payment from the fun d.— 210
(3)(a) Beginning January 1, 2005, for each Division I 211
contract entered into after July 1, 2004, payment from the 212
recovery fund is subject to a $50,000 maximum payment for each 213
Division I claim. 214
(b) Beginning January 1, 2017, for each Division II 215
contract entered into on or after July 1, 2016, payment from the 216
recovery fund is subject to a $15,000 maximum payment for each 217
Division II claim. 218
(c) Beginning January 1, 2025, for each contract entered 219
into on or after July 1, 2024, with a Division II co ntractor 220
certified or registered to perform the scope of work described 221
in s. 489.105(3)(j), (k), or (l), payment from the recovery fund 222
is subject to a $50,000 maximum payment for each Division II 223
claim. 224
(6)(a) For contracts entered into before July 1, 2004, 225
HB 525 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0525-00
Page 10 of 10
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
payments for claims against any one licensee may not exceed, in 226
the aggregate, $100,000 annually, up to a total aggregate of 227
$250,000. For any claim approved by the board which is in excess 228
of the annual cap, the amount in excess of $100,000 up to th e 229
total aggregate cap of $250,000 is eligible for payment in the 230
next and succeeding fiscal years, but only after all claims for 231
the then-current calendar year have been paid. Payments may not 232
exceed the aggregate annual or per claimant limits under law. 233
(b) Beginning January 1, 2005, for each Division I 234
contract entered into after July 1, 2004, payment from the 235
recovery fund is subject only to a total aggregate cap of 236
$500,000 for each Division I licensee. 237
(c) Beginning January 1, 2017, for each Divisi on II 238
contract entered into on or after July 1, 2016, payment from the 239
recovery fund is subject only to a total aggregate cap of 240
$150,000 for each Division II licensee. 241
(d) Beginning January 1, 2025, for each contract entered 242
into on or after July 1, 202 4, with a Division II contractor 243
certified or registered to perform the scope of work described 244
in s. 489.105(3)(j), (k), or (l), payment from the recovery fund 245
is subject only to a total aggregate cap of $500,000 for each 246
Division II licensee. 247
Section 3. This act shall take effect July 1, 2024. 248