Florida 2025 2025 Regular Session

Florida House Bill H0453 Comm Sub / Bill

Filed 03/27/2025

                       
 
CS/HB 453  	2025 
 
 
 
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A bill to be entitled 1 
An act relating to pool/spa contractors; amending s. 2 
489.105, F.S.; revising the definition of the terms 3 
"commercial pool/spa contractor," "residential 4 
pool/spa contractor," and "swimming pool/spa servicing 5 
contractor"; providing an effective date. 6 
 7 
Be It Enacted by the Legislature of the State of Florida: 8 
 9 
 Section 1.  Paragraphs (j), (k), and (l) of subsection (3) 10 
of section 489.105, Florida Statutes, are amended to read: 11 
 489.105  Definitions. —As used in this part: 12 
 (3)  "Contractor" means the person who is qualified for, 13 
and is only responsible for, the project contracted for and 14 
means, except as exempted in this part, the person who, for 15 
compensation, undertakes to, submits a bid to, or does himself 16 
or herself or by others construct, repair, alter, remodel, add 17 
to, demolish, subtract from, or improve any building or 18 
structure, including related improvements to real estate, for 19 
others or for resale to othe rs; and whose job scope is 20 
substantially similar to the job scope described in one of the 21 
paragraphs of this subsection. For the purposes of regulation 22 
under this part, the term "demolish" applies only to demolition 23 
of steel tanks more than 50 feet in heig ht; towers more than 50 24 
feet in height; other structures more than 50 feet in height; 25     
 
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and all buildings or residences. Contractors are subdivided into 26 
two divisions, Division I, consisting of those contractors 27 
defined in paragraphs (a) -(c), and Division II , consisting of 28 
those contractors defined in paragraphs (d) -(q): 29 
 (j)  "Commercial pool/spa contractor" means a contractor 30 
whose scope of work includes involves, but is not limited to, 31 
all phases of the construction, repair, renovation, remodel, 32 
deconstruction, and servicing of a any swimming pool, or hot 33 
tub, or spa, splash pad or other interactive water feature, 34 
decorative water feature, public bathing place, or swimming pool 35 
or spa appurtenance, whether public, private, or otherwise, 36 
regardless of use. 37 
 1. The scope of such work includes, but is not limited to, 38 
the following: 39 
 a.  The scope of work of a swimming pool/spa servicing 40 
contractor. 41 
 b.  The connection, replacement, disconnection, or 42 
reconnection of power wiring on the load side of the dedicate d 43 
existing electrical circuit disconnect means for swimming pool, 44 
spa, hot tub, or interactive water feature equipment. 45 
 c.  The installation of equipotential bonding; swimming 46 
pool, spa, or hot tub lighting; light transformers; light 47 
conduit; and any clea ning or sanitizing equipment that requires 48 
at least partial disassembling. 49 
 d.  The construction of uninhabitable equipment rooms or 50     
 
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housing for swimming pool, spa, hot tub, or interactive water 51 
feature equipment for the protection of the equipment from 52 
outside elements or preventing unauthorized access. 53 
 e.  Excavation and earthmoving only as required for the 54 
installation of swimming pools, spas, hot tubs, or interactive 55 
water features. 56 
 f.  The operation of construction pumps for dewatering 57 
purposes for swimming pool, spa, hot tub, or interactive water 58 
feature excavation sites, and for draining swimming pools, spas, 59 
hot tubs, or interactive water features. 60 
 g.  The installation of rebar or similar support materials 61 
for swimming pool, spa, hot tub, or inter active water feature 62 
structures, and the shaping and shooting of gunite dry mix and 63 
wet mix, concrete, or similar product mix used in the 64 
construction of swimming pools, spas, hot tubs, or interactive 65 
water features. 66 
 h.  The installation of fiberglass swimming pool, spa, or 67 
hot tub shells and vinyl swimming pool, spa, or hot tub liners. 68 
 i.  The application and removal of all interior swimming 69 
pool, spa, hot tub, or interactive water feature finishes. 70 
 j.  The construction, maintenance, or remodel of de corative 71 
or interactive water features, displays, or areas that use 72 
recirculated water, including fountains, waterfalls, and spray 73 
nozzles. 74 
 k.  The installation of all swimming pool, spa, hot tub, or 75     
 
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interactive water feature piping, including, but not li mited to, 76 
drain piping, perimeter piping, and circulation or filter piping 77 
used in the construction of swimming pools, spas, hot tubs, or 78 
decorative or interactive water feature displays or areas. 79 
 l.  The construction and installation of retaining walls, 80 
concrete flatwork, pavers and bricks, and footings for the 81 
construction of a swimming pool, spa, hot tub, or interactive 82 
water feature, whether newly constructed or additions to or 83 
remodels of an existing swimming pool, spa, hot tub, or 84 
interactive water feature The installation, repair, or 85 
replacement of existing equipment, any cleaning or equipment 86 
sanitizing that requires at least a partial disassembling, 87 
excluding filter changes, and the installation of new pool/spa 88 
equipment, interior finishes, the ins tallation of package pool 89 
heaters, the installation of all perimeter piping and filter 90 
piping, and the construction of equipment rooms or housing for 91 
pool/spa equipment, and also includes the scope of work of a 92 
swimming pool/spa servicing contractor . 93 
 2. The scope of such work does not include direct 94 
connections to a sanitary sewer system or to potable water 95 
lines, the installation or upgrade of dedicated electrical 96 
disconnect or electrical circuits, or any work inside a main 97 
electrical panel. The installation, construction, modification, 98 
or replacement of equipment permanently attached to and 99 
associated with the pool or spa for the purpose of water 100     
 
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treatment or cleaning of the pool or spa requires licensure; 101 
however, 102 
 3. The usage of swimming pool, spa, h ot tub, or 103 
interactive water feature such equipment for the purposes of 104 
water treatment or cleaning does not require licensure unless 105 
the usage involves installation construction, modification, or 106 
replacement of such equipment. Water treatment that does not 107 
require such equipment ; filter media changes; or the cleaning of 108 
a swimming pool, spa, hot tub, or interactive water feature, or 109 
its associated equipment, which does not affect the structural 110 
integrity of the swimming pool, spa, hot tub, or interactive 111 
water feature, does not require a license. In addition, a 112 
license is not required for the cleaning of the pool or spa in a 113 
way that does not affect the structural integrity of the pool or 114 
spa or its associated equipment. 115 
 (k)  "Residential pool/spa contra ctor" means a contractor 116 
whose scope of work is the same as a commercial pool/spa 117 
contractor under paragraph (j) but does not include the 118 
construction of any new commercial swimming pool, spa, hot tub, 119 
or public bathing place involves, but is not limited t o, the 120 
construction, repair, and servicing of a residential swimming 121 
pool, or hot tub or spa, regardless of use. The scope of work 122 
includes the installation, repair, or replacement of existing 123 
equipment, any cleaning or equipment sanitizing that requires a t 124 
least a partial disassembling, excluding filter changes, and the 125     
 
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installation of new pool/spa equipment, interior finishes, the 126 
installation of package pool heaters, the installation of all 127 
perimeter piping and filter piping, and the construction of 128 
equipment rooms or housing for pool/spa equipment, and also 129 
includes the scope of work of a swimming pool/spa servicing 130 
contractor. The scope of such work does not include direct 131 
connections to a sanitary sewer system or to potable water 132 
lines. The installatio n, construction, modification, or 133 
replacement of equipment permanently attached to and associated 134 
with the pool or spa for the purpose of water treatment or 135 
cleaning of the pool or spa requires licensure; however, the 136 
usage of such equipment for the purpos es of water treatment or 137 
cleaning does not require licensure unless the usage involves 138 
construction, modification, or replacement of such equipment. 139 
Water treatment that does not require such equipment does not 140 
require a license. In addition, a license is not required for 141 
the cleaning of the pool or spa in a way that does not affect 142 
the structural integrity of the pool or spa or its associated 143 
equipment. 144 
 (l)  "Swimming pool/spa servicing contractor" means a 145 
contractor whose scope of work includes involves, but is not 146 
limited to, all aspects of the repair, renovation, remodeling, 147 
or and servicing of a swimming pool, or hot tub, or spa, splash 148 
pad or other interactive water feature, decorative water 149 
feature, public bathing place, or swimming pool or spa 150     
 
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appurtenance, whether public or private, or otherwise, 151 
regardless of use. 152 
 1. The scope of work includes , but is not limited to, the 153 
following: 154 
 a.  The installation, repair, or replacement of all 155 
swimming pool, spa, hot tub, or interactive water feature 156 
equipment, including, but not limited to, pool pumps; filters; 157 
feeders; controllers; and swimming pool, spa, or hot tub 158 
heaters, whether electric, gas, or solar. 159 
 b.  The connection, replacement, disconnection, or 160 
reconnection of power wiring on the load side o f the dedicated 161 
existing electrical circuit disconnect means for swimming pool, 162 
spa, hot tub, or interactive water feature equipment. 163 
 c.  The repair or replacement of equipotential bonding; 164 
swimming pool, spa, or hot tub lighting; light transformers; 165 
light conduit; and any cleaning or sanitizing equipment that 166 
requires at least partial disassembling. 167 
 d.  The repair of uninhabitable equipment rooms or housing 168 
for swimming pool, spa, hot tub, or interactive water feature 169 
equipment. 170 
 e.  The repair or replac ement of all perimeter piping and 171 
filter piping. 172 
 f.  The substantial or complete draining of a swimming 173 
pool, spa, or hot tub for repair or renovation and the operation 174 
of construction pumps for dewatering purposes for drained 175     
 
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swimming pools, spas, hot tu bs, or interactive water features. 176 
 g.  The removal and reapplication of all interior swimming 177 
pool, spa, hot tub, or interactive water feature finishes. 178 
 h.  The installation, repair, or replacement of all tile 179 
and coping for a swimming pool, a spa, a hot tub, or an 180 
interactive water feature the repair or replacement of existing 181 
equipment, any cleaning or equipment sanitizing that requires at 182 
least a partial disassembling, excluding filter changes, and the 183 
installation of new pool/spa equipment, interior r efinishing, 184 
the reinstallation or addition of pool heaters, the repair or 185 
replacement of all perimeter piping and filter piping, the 186 
repair of equipment rooms or housing for pool/spa equipment, and 187 
the substantial or complete draining of a swimming pool, o r hot 188 
tub or spa, for the purpose of repair or renovation . 189 
 2. The scope of the such work does not include direct 190 
connections to a sanitary sewer system or to potable water 191 
lines, the installation or upgrade of dedicated electrical 192 
disconnect or electrica l circuits, or any work inside a main 193 
electrical panel. The installation, construction, modification, 194 
substantial or complete disassembly, or replacement of equipment 195 
permanently attached to and associated with the pool or spa for 196 
the purpose of water trea tment or cleaning of the pool or spa 197 
requires licensure; however, 198 
 3. The usage of swimming pool, spa, hot tub, or 199 
interactive water feature such equipment for the purposes of 200     
 
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water treatment or cleaning does not require licensure unless 201 
the usage involves installation construction, modification, 202 
substantial or complete disassembly, or replacement of such 203 
equipment. Water treatment that does not require such equipment ; 204 
filter media changes; or the cleaning of a swimming pool, a spa, 205 
a hot tub, or an intera ctive water feature, or its associated 206 
equipment, which does not affect the structural integrity of the 207 
swimming pool, spa, hot tub, or interactive water feature does 208 
not require a license. In addition, a license is not required 209 
for the cleaning of the poo l or spa in a way that does not 210 
affect the structural integrity of the pool or spa or its 211 
associated equipment. 212 
 Section 2. This act shall take effect July 1, 2025. 213