Florida Senate - 2024 SB 922 By Senator Perry 9-00879-24 2024922__ 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: 14 489.105Definitions.As used in this part: 15 (3)Contractor means the person who is qualified for, and 16 is only responsible for, the project contracted for and means, 17 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 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 pool 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 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 installation 55 of swimming pools, spas, hot tubs, or water features and the 56 operation of construction pumps for dewatering purposes for 57 swimming pool, spa, hot tub, or water feature excavation sites 58 and drained swimming pools, spas, hot tubs, or 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 fountains, 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 in the construction of swimming pools, 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 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 structural 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 installation of package pool 124 heaters, the installation of all perimeter piping and filter 125 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 purpose 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 of 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, all 150 of the following: 151 a.The installation, repair, or replacement of all swimming 152 pool, spa, hot tub, or water feature equipment, including, but 153 not limited to, pool pumps; filters; feeders; controllers; and 154 swimming pool, spa, or hot tub heaters, whether electric, gas, 155 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 pool, 169 spa, or hot tub for the purpose of a repair or renovation and 170 the operation of construction pumps for dewatering purposes for 171 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 and 175 coping for swimming pools, spas, hot tubs, or water features the 176 repair or replacement of existing equipment, any cleaning or 177 equipment sanitizing that requires at least a partial 178 disassembling, excluding filter changes, 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 associated 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 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 cleaning 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: 209 489.143Payment from the fund. 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 contractor 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 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 the 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 contract 234 entered into after July 1, 2004, payment from the recovery fund 235 is subject only to a total aggregate cap of $500,000 for each 236 Division I licensee. 237 (c)Beginning January 1, 2017, for each Division 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, 2024, 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.