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A bill to be entitled 1
An act relating to construction of air -conditioning 2
systems; amending s. 489.105, F.S.; revising the 3
definition of the term "class A air -conditioning 4
contractor" to include additional services that such 5
contractor may perform; amending s. 713.135, F.S.; 6
revising an exception amount based on the Consumer 7
Price Index; reenacting ss. 403.868; 489.107(4)(b); 8
489.113(2); 489.117(1)(a), (2)(a) and (b), and 9
(4)(a),(d), and (e); 489.118(1); 489.126(1); 10
489.131(10) and (11); 489.1402(1)(d); 489.141(2)(f); 11
553.998; and 877.02(2), F.S., relating to requirements 12
by a utility; the Construction Industry Licensing 13
Board; qualifications for practice and restrictions; 14
registration and specialty contractors; certification 15
of registered contractors and grandfathering 16
provisions; moneys received by contractors; 17
applicability; Homeowners' Construction Recovery Fund 18
and definitions; compliance; and solicitation of legal 19
services or retainers therefor and penalties, 20
respectively; providing an effective date. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
24
Section 1. Paragraph (f) of subsection (3) of section 25
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489.105, Florida Statutes, is amended to read: 26
489.105 Definitions.—As used in this part: 27
(3) "Contractor" means the person who is qualified for, 28
and is only responsible for, the project contracted for and 29
means, except as exempted in this part, the person who, for 30
compensation, undertakes to, submits a bid to, o r does himself 31
or herself or by others construct, repair, alter, remodel, add 32
to, demolish, subtract from, or improve any building or 33
structure, including related improvements to real estate, for 34
others or for resale to others; and whose job scope is 35
substantially similar to the job scope described in one of the 36
paragraphs of this subsection. For the purposes of regulation 37
under this part, the term "demolish" applies only to demolition 38
of steel tanks more than 50 feet in height; towers more than 50 39
feet in height; other structures more than 50 feet in height; 40
and all buildings or residences. Contractors are subdivided into 41
two divisions, Division I, consisting of those contractors 42
defined in paragraphs (a) -(c), and Division II, consisting of 43
those contractors defined in paragraphs (d) -(q): 44
(f) "Class A air-conditioning contractor" means a 45
contractor whose services are unlimited in the execution of 46
contracts requiring the experience, knowledge, and skill to : 47
1. Install, maintain, repair, fabricate, alter, extend, or 48
design, if not prohibited by law, central air -conditioning, 49
refrigeration, heating, and ventilating systems, including duct 50
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work in connection with a complete system if such duct work is 51
performed by the contractor as necessary to complete an ai r-52
distribution system, boiler and unfired pressure vessel systems, 53
and all appurtenances, apparatus, or equipment used in 54
connection therewith, and any duct cleaning and equipment 55
sanitizing that requires at least a partial disassembling of the 56
system.; to 57
2. Install, maintain, repair, fabricate, alter, extend, or 58
design, if not prohibited by law, piping, insulation of pipes, 59
vessels and ducts, pressure and process piping, and pneumatic 60
control piping.; to 61
3. Replace, disconnect, or reconnect power wiri ng on the 62
line or load side of the dedicated existing electrical 63
disconnect switch on single phase electrical systems .; to 64
4. Repair or replace power wiring, disconnects, breakers, 65
or fuses for dedicated HVAC circuits with proper use of a 66
circuit breaker lock.; to 67
5. Install, disconnect, and reconnect low voltage heating, 68
ventilating, and air -conditioning control wiring .; and to 69
6. Install a condensate drain from an air -conditioning 70
unit to an existing safe waste or other approved disposal other 71
than a direct connection to a sanitary system. 72
7. Install and repair package pool heaters; connect 73
package pool heaters to existing pool piping; install, repair, 74
and replace existing equipment, including cleaning or equipment 75
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sanitizing that requires at least a partial disassembly, 76
excluding filter changes and the installation of new pool or spa 77
equipment and interior finishes; install all perimeter piping 78
and filter piping; and construct equipment rooms or housing for 79
pool or spa equipment. 80
8. Perform The scope of work for such contractor also 81
includes any excavation work incidental to work performed in 82
subparagraphs 1.-7., but not thereto, but does not include any 83
work such as liquefied petroleum or natural gas fuel lines 84
within buildings, except for discon necting or reconnecting 85
changeouts of liquefied petroleum or natural gas appliances 86
within buildings; potable water lines or connections thereto; 87
sanitary sewer lines; swimming pool piping and filters; or 88
electrical power wiring. 89
9. A Class A air-conditioning contractor may Test and 90
evaluate central air -conditioning, refrigeration, heating, and 91
ventilating systems, including duct work; however, a mandatory 92
licensing requirement is not established for the performance of 93
these specific services. 94
Section 2. Subsection (1) of section 713.135, Florida 95
Statutes, is amended to read: 96
713.135 Notice of commencement and applicability of lien. — 97
(1) When a person applies for a building permit, the 98
authority issuing such permit shall: 99
(a) Print on the face of each permit card in no less than 100
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14-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR 101
FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR 102
PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF 103
COMMENCEMENT MUST BE RECOR DED AND POSTED ON THE SITE OF THE 104
IMPROVEMENT BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN 105
FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE 106
RECORDING YOUR NOTICE OF COMMENCEMENT." 107
(b) Provide the applicant and the owner of the real 108
property upon which improvements are to be constructed with a 109
printed statement stating that the right, title, and interest of 110
the person who has contracted for the improvement may be subject 111
to attachment under the Construction Lien Law. The Department of 112
Business and Professional Regulation shall furnish, for 113
distribution, the statement described in this paragraph, and the 114
statement must be a summary of the Construction Lien Law and 115
must include an explanation of the provisions of the 116
Construction Lien Law rel ating to the recording, and the posting 117
of copies, of notices of commencement and a statement 118
encouraging the owner to record a notice of commencement and 119
post a copy of the notice of commencement in accordance with s. 120
713.13. The statement must also conta in an explanation of the 121
owner's rights if a lienor fails to furnish the owner with a 122
notice as provided in s. 713.06(2) and an explanation of the 123
owner's rights as provided in s. 713.22. The authority that 124
issues the building permit must obtain from the D epartment of 125
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Business and Professional Regulation the statement required by 126
this paragraph and must mail, deliver by electronic mail or 127
other electronic format or facsimile, or personally deliver that 128
statement to the owner or, in a case in which the owner is 129
required to personally appear to obtain the permit, provide that 130
statement to any owner making improvements to real property 131
consisting of a single or multiple family dwelling up to and 132
including four units. However, the failure by the authorities to 133
provide the summary does not subject the issuing authority to 134
liability. 135
(c) In addition to providing the owner with the statement 136
as required by paragraph (b), inform each applicant who is not 137
the person whose right, title, and interest is subject to 138
attachment that, as a condition to the issuance of a building 139
permit, the applicant must promise in good faith that the 140
statement will be delivered to the person whose property is 141
subject to attachment. 142
(d) Furnish to the applicant two or more copies of a f orm 143
of notice of commencement conforming with s. 713.13. 144
(e) Require the applicant to file with the issuing 145
authority before the first inspection a copy of the notice of 146
commencement if the direct contract is greater than $5,000. For 147
purposes of this par agraph, the term "copy of the notice of 148
commencement" means a certified copy of the recorded notice of 149
commencement, a notarized statement that the notice of 150
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commencement has been filed for recording along with a copy 151
thereof, or the clerk's office's offic ial records identifying 152
information that includes the instrument number for the notice 153
of commencement or the number and page of book where the notice 154
of commencement is recorded, as identified by the clerk. 155
1. In the absence of the filing of a copy of t he notice of 156
commencement, the issuing authority or a private provider 157
performing inspection services may not perform or approve 158
subsequent inspections until the applicant files by mail, 159
facsimile, hand delivery, or any other means such copy with the 160
issuing authority. 161
2. The copy of the notice of commencement must contain the 162
name and address of the owner, the name and address of the 163
contractor, and the location or address of the property being 164
improved. The issuing authority shall verify that the name a nd 165
address of the owner, the name of the contractor, and the 166
location or address of the property being improved which is 167
contained in the copy of the notice of commencement is 168
consistent with the information in the building permit 169
application. 170
3. The issuing authority shall provide the recording 171
information on the copy of the notice of commencement to any 172
person upon request. 173
4. This paragraph does not require the recording of a 174
notice of commencement before the issuance of a building permit. 175
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If a local government requires a separate permit or inspection 176
for installation of temporary electrical service or other 177
temporary utility service, land clearing, or other preliminary 178
site work, such permits may be issued and such inspections may 179
be conducted without providing the issuing authority with a copy 180
of the notice of commencement. 181
(f) Not require that a notice of commencement be recorded 182
as a condition of the application for, or processing or issuance 183
of, a building permit. However, this paragraph does no t modify 184
or waive the inspection requirements set forth in this 185
subsection. 186
187
This subsection does not apply to a direct contract to repair or 188
replace an existing heating or air -conditioning system in an 189
amount less than $15,000 , or a higher amount based on increases 190
in the Consumer Price Index . 191
Section 3. For the purpose of incorporating the amendment 192
made by this act to section 489.105, Florida Statutes, in a 193
reference thereto, section 403.868, Florida Statutes, is 194
reenacted to read: 195
403.868 Requirements by a utility.—A utility may have more 196
stringent requirements than set by law, including certification 197
requirements for water distribution systems and domestic 198
wastewater collection systems operations, except that a utility 199
may not require a licensed c ontractor, as defined in s. 200
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489.105(3) to have any additional license for work in water 201
distribution systems or domestic wastewater collection systems. 202
Section 4. For the purpose of incorporating the amendment 203
made by this act to section 489.105, Flori da Statutes, in a 204
reference thereto, paragraph (b) of subsection (4) of section 205
489.107, Florida Statutes, is reenacted to read: 206
489.107 Construction Industry Licensing Board. — 207
(4) The board shall be divided into two divisions, 208
Division I and Division II. 209
(b) Division II is comprised of the roofing contractor, 210
sheet metal contractor, air -conditioning contractor, mechanical 211
contractor, pool contractor, plumbing contractor, and 212
underground utility and excavation contractor members of the 213
board; one of the members appointed pursuant to paragraph 214
(2)(j); and one of the members appointed pursuant to paragraph 215
(2)(k). Division II has jurisdiction over the regulation of 216
contractors defined in s. 489.105(3)(d) -(p). 217
Section 5. For the purpose of incorporati ng the amendment 218
made by this act to section 489.105, Florida Statutes, in a 219
reference thereto, subsection (2) of section 489.113, Florida 220
Statutes, is reenacted to read: 221
489.113 Qualifications for practice; restrictions. — 222
(2) A person must be certifie d or registered in order to 223
engage in the business of contracting in this state. However, 224
for purposes of complying with the provisions of this chapter, a 225
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subcontractor who is not certified or registered may perform 226
construction work under the supervision of a person who is 227
certified or registered, provided that the work is within the 228
scope of the supervising contractor's license, the supervising 229
contractor is responsible for the work, and the subcontractor 230
being supervised is not engaged in construction wo rk that would 231
require a license as a contractor under any of the categories 232
listed in s. 489.105(3)(d) -(o). This subsection does not affect 233
the application of any local construction licensing ordinances. 234
To enforce this subsection: 235
(a) The department sha ll issue a cease and desist order to 236
prohibit any person from engaging in the business of contracting 237
who does not hold the required certification or registration for 238
the work being performed under this part. For the purpose of 239
enforcing a cease and desist order, the department may file a 240
proceeding in the name of the state seeking issuance of an 241
injunction or a writ of mandamus against any person who violates 242
any provision of such order. 243
(b) A county, municipality, or local licensing board 244
created by special act may issue a cease and desist order to 245
prohibit any person from engaging in the business of contracting 246
who does not hold the required certification or registration for 247
the work being performed under this part. 248
Section 6. For the purpose of inc orporating the amendment 249
made by this act to section 489.105, Florida Statutes, in a 250
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reference thereto, paragraph (a) of subsection (1), paragraphs 251
(a) and (b) of subsection (2), and paragraphs (a), (d), and (e) 252
of subsection (4) of section 489.117, Florid a Statutes, are 253
reenacted to read: 254
489.117 Registration; specialty contractors. — 255
(1)(a) A person engaged in the business of a contractor as 256
defined in s. 489.105(3)(a) -(o) must be registered before 257
engaging in business as a contractor in this state, unless he or 258
she is certified. Except as provided in paragraph (2)(b), to be 259
initially registered, the applicant must submit the required fee 260
and file evidence of successful compliance with the local 261
examination and licensing requirements, if any, in the a rea for 262
which registration is desired. An examination is not required 263
for registration. 264
(2)(a) Except as provided in paragraph (b), the board may 265
not issue a new registration after July 1, 1993, based on any 266
certificate of competency or license for a cat egory of 267
contractor defined in s. 489.105(3)(a) -(o) which is issued by a 268
municipal or county government that does not exercise 269
disciplinary control and oversight over such locally licensed 270
contractors, including forwarding a recommended order in each 271
action to the board as provided in s. 489.131(7). For purposes 272
of this subsection and s. 489.131(10), the board shall determine 273
the adequacy of such disciplinary control by reviewing the local 274
government's ability to process and investigate complaints and 275
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to take disciplinary action against locally licensed 276
contractors. 277
(b) The board shall issue a registration to an eligible 278
applicant to engage in the business of a contractor in a 279
specified local jurisdiction, provided each of the following 280
conditions are satisfied: 281
1. The applicant held, in any local jurisdiction in this 282
state during 2021, 2022, or 2023, a certificate of registration 283
issued by the state or a local license issued by a local 284
jurisdiction to perform work in a category of contractor defined 285
in s. 489.105(3)(a)-(o). 286
2. The applicant submits all of the following to the 287
board: 288
a. Evidence of the certificate of registration or local 289
license held by the applicant as required by subparagraph 1. 290
b. Evidence that the specified local jurisdiction do es not 291
have a license type available for the category of work for which 292
the applicant was issued a certificate of registration or local 293
license during 2021, 2022, or 2023, such as a notification on 294
the website of the local jurisdiction or an e -mail or letter 295
from the office of the local building official or local building 296
department stating that such license type is not available in 297
that local jurisdiction. 298
c. Evidence that the applicant has submitted the required 299
fee. 300
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d. Evidence of compliance with the insurance and financial 301
responsibility requirements of s. 489.115(5). 302
303
An examination is not required for an applicant seeking a 304
registration under this paragraph. 305
(4)(a)1. A person whose job scope does not substantially 306
correspond to either the job sco pe of one of the contractor 307
categories defined in s. 489.105(3)(a) -(o), or the job scope of 308
one of the certified specialty contractor categories established 309
by board rule, is not required to register with the board. A 310
local government, as defined in s. 163 .211, may not require a 311
person to obtain a license, issued by the local government or 312
the state, for a job scope which does not substantially 313
correspond to the job scope of one of the contractor categories 314
defined in s. 489.105(3)(a) -(o) and (q) or authori zed in s. 315
489.1455(1), or the job scope of one of the certified specialty 316
contractor categories established pursuant to s. 489.113(6). A 317
local government may not require a state or local license to 318
obtain a permit for such job scopes. For purposes of this 319
section, job scopes for which a local government may not require 320
a license include, but are not limited to, painting; flooring; 321
cabinetry; interior remodeling when the scope of the project 322
does not include a task for which a state license is required; 323
driveway or tennis court installation; handyman services; 324
decorative stone, tile, marble, granite, or terrazzo 325
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installation; plastering; pressure washing; stuccoing; caulking; 326
and canvas awning and ornamental iron installation. 327
2. A county that includes an a rea designated as an area of 328
critical state concern under s. 380.05 may offer a license for 329
any job scope which requires a contractor license under this 330
part if the county imposed such a licensing requirement before 331
January 1, 2021. 332
3. A local government may continue to offer a license for 333
veneer, including aluminum or vinyl gutters, siding, soffit, or 334
fascia; rooftop painting, coating, and cleaning above three 335
stories in height; or fence installation and erection if the 336
local government imposed such a li censing requirement before 337
January 1, 2021. 338
4. A local government may not require a license as a 339
prerequisite to submit a bid for public works projects if the 340
work to be performed does not require a license under general 341
law. 342
(d) Any person who is not required to obtain registration 343
or certification pursuant to s. 489.105(3)(d) -(o) may perform 344
contracting services for the construction, remodeling, repair, 345
or improvement of single -family residences, including a 346
townhouse as defined in the Florida Buildin g Code, without 347
obtaining a local license if such person is under the 348
supervision of a certified or registered general, building, or 349
residential contractor. As used in this paragraph, supervision 350
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shall not be deemed to require the existence of a direct 351
contract between the certified or registered general, building, 352
or residential contractor and the person performing specialty 353
contracting services. 354
(e) Any person who is not certified or registered may 355
perform the work of a specialty contractor whose scope of 356
practice is limited to the type of work specified under s. 357
489.105(3)(j), (k), or (l) for the construction, remodeling, 358
repair, or improvement of commercial or residential swimming 359
pools, interactive water features as defined in the Florida 360
Building Code, hot tubs, and spas without obtaining a local 361
license or certification as a specialty contractor if he or she 362
is supervised by a contractor who is certified or registered 363
under s. 489.105(3)(j), (k), or (l); the work is within the 364
scope of the supervisin g contractor's license; the supervising 365
contractor is responsible for the work; and the work does not 366
require certification or registration under s. 489.105(3)(d) -367
(i), (m)-(o), or s. 489.505. Such supervision does not require a 368
direct contract between the contractor certified or registered 369
under s. 489.105(3)(j), (k), or (l) and the person performing 370
the work, or for the person performing the work to be an 371
employee of the contractor certified or registered under s. 372
489.105(3)(j), (k), or (l). This paragraph does not limit the 373
exemptions provided in s. 489.103 and may not be construed to 374
expand the scope of a contractor certified or registered under 375
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s. 489.105(3)(j), (k), or (l) to provide plumbing or electrical 376
services for which certification or registratio n is required by 377
this part or part II. 378
Section 7. For the purpose of incorporating the amendment 379
made by this act to section 489.105, Florida Statutes, in a 380
reference thereto, subsection (1) of section 489.118, Florida 381
Statutes, is reenacted to read: 382
489.118 Certification of registered contractors; 383
grandfathering provisions. —The board shall, upon receipt of a 384
completed application and appropriate fee, issue a certificate 385
in the appropriate category to any contractor registered under 386
this part who makes application to the board and can show that 387
he or she meets each of the following requirements: 388
(1) Currently holds a valid registered local license in 389
one of the contractor categories defined in s. 489.105(3)(a) -390
(p). 391
Section 8. For the purpose of i ncorporating the amendment 392
made by this act to section 489.105, Florida Statutes, in a 393
reference thereto, subsection (1) of section 489.126, Florida 394
Statutes, is reenacted to read: 395
489.126 Moneys received by contractors. — 396
(1) For purposes of this secti on, the term "contractor" 397
includes all definitions as set forth in s. 489.105(3), and any 398
person performing or contracting or promising to perform work 399
described therein, without regard to the licensure of the 400
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person. 401
Section 9. For the purpose of inco rporating the amendment 402
made by this act to section 489.105, Florida Statutes, in a 403
reference thereto, subsections (10) and (11) of section 489.131, 404
Florida Statutes, are reenacted to read: 405
489.131 Applicability. — 406
(10) No municipal or county government may issue any 407
certificate of competency or license for any contractor defined 408
in s. 489.105(3)(a)-(o) after July 1, 1993, unless such local 409
government exercises disciplinary control and oversight over 410
such locally licensed contractors, including forwardin g a 411
recommended order in each action to the board as provided in 412
subsection (7). Each local board that licenses and disciplines 413
contractors must have at least two consumer representatives on 414
that board. If the board has seven or more members, at least 415
three of those members must be consumer representatives. The 416
consumer representative may be any resident of the local 417
jurisdiction who is not, and has never been, a member or 418
practitioner of a profession regulated by the board or a member 419
of any closely relate d profession. 420
(11) Any municipal or county government which enters or 421
has in place a reciprocal agreement which accepts a certificate 422
of competency or license issued by another municipal or county 423
government in lieu of its own certificate of competency o r 424
license allowing contractors defined in s. 489.105(3)(a) -(o), 425
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shall file a certified copy of such agreement with the board not 426
later than 60 days after July 1, 1993, or 30 days after the 427
effective date of such agreement. 428
Section 10. For the purpose of incorporating the amendment 429
made by this act to section 489.105, Florida Statutes, in a 430
reference thereto, paragraph (d) of subsection (1) of section 431
489.1402, Florida Statutes, is reenacted to read: 432
489.1402 Homeowners' Construction Recovery Fund; 433
definitions.— 434
(1) The following definitions apply to ss. 489.140 -435
489.144: 436
(d) "Contractor" means a Division I or Division II 437
contractor performing his or her respective services described 438
in s. 489.105(3). 439
Section 11. For the purpose of incorporating the amendment 440
made by this act to section 489.105, Florida Statutes, in a 441
reference thereto, paragraph (f) of subsection (2) of section 442
489.141, Florida Statutes, is reenacted to read: 443
489.141 Conditions for recovery; eligibility. — 444
(2) A claimant is no t qualified to make a claim for 445
recovery from the recovery fund if: 446
(f) The claimant had entered into a contract with a 447
licensee to perform a scope of work described in s. 448
489.105(3)(d)-(q) before July 1, 2016. 449
Section 12. For the purpose of incorpor ating the amendment 450
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made by this act to section 489.105, Florida Statutes, in a 451
reference thereto, section 553.998, Florida Statutes, is 452
reenacted to read: 453
553.998 Compliance. —All ratings must be determined using 454
tools and procedures developed by the sys tems recognized under 455
this part and must be certified by the rater as accurate and 456
correct and in compliance with procedures of the system under 457
which the rater is certified. The local enforcement agency shall 458
accept duct and air infiltration tests conduct ed in accordance 459
with the Florida Building Code, 5th Edition (2014) Energy 460
Conservation, by individuals as defined in s. 553.993(5) or (7) 461
or individuals licensed as set forth in s. 489.105(3)(f), (g), 462
or (i). The local enforcement agency may accept inspec tions in 463
whole or in part by individuals as defined in s. 553.993(5) or 464
(7). 465
Section 13. For the purpose of incorporating the amendment 466
made by this act to section 489.105, Florida Statutes, in a 467
reference thereto, subsection (2) of section 877.02, Flo rida 468
Statutes, is reenacted to read: 469
877.02 Solicitation of legal services or retainers 470
therefor; penalty.— 471
(2) It shall be unlawful for any person in the employ of 472
or in any capacity attached to any hospital, sanitarium, police 473
department, wrecker ser vice or garage, prison or court, for a 474
person authorized to furnish bail bonds, investigators, 475
HB 801 2025
CODING: Words stricken are deletions; words underlined are additions.
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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
photographers, insurance or public adjusters, or for a general 476
or other contractor as defined in s. 489.105 or other business 477
providing sinkhole remediation serv ices, to communicate directly 478
or indirectly with any attorney or person acting on said 479
attorney's behalf for the purpose of aiding, assisting, or 480
abetting such attorney in the solicitation of legal business or 481
the procurement through solicitation of a reta iner, written or 482
oral, or any agreement authorizing the attorney to perform or 483
render legal services. 484
Section 14. This act shall take effect July 1, 2025. 485