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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
A bill to be entitled 1
An act relating to underground utility and excavation 2
contractors; amending s. 489.105, F.S.; revising the 3
definition of the term "underground utility and 4
excavation contractor"; amending s. 633.102, F.S.; 5
revising the definition of the term "Contractor V"; 6
defining the term "underground utility and excavation 7
contractor"; reenacting s. 489.117(1)(a), (2)(a) and 8
(b), and (4)(a), (d), and (e), F.S., relating to 9
registration and specialty contractors, to incorporate 10
the amendment made to s. 489.105, F.S., in references 11
thereto; reenacting ss. 633.224(1) and 633.318(2)(a), 12
F.S., relating to automatic fire sprinkler systems and 13
fire protection system contractor c ertificate 14
application and examination, respectively, to 15
incorporate the amendment made to s. 633.102, F.S., in 16
references thereto; providing an effective date. 17
18
Be It Enacted by the Legislature of the State of Florida: 19
20
Section 1. Paragraph (n) of subsection (3) of section 21
489.105, Florida Statutes, is amended to read: 22
489.105 Definitions. —As used in this part: 23
(3) "Contractor" means the person who is qualified for, 24
and is only responsible for, the project contracted for and 25
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means, except as exempted in this part, the person who, for 26
compensation, undertakes to, submits a bid to, or does himself 27
or herself or by others construct, repair, alter, remodel, add 28
to, demolish, subtract from, or improve any building or 29
structure, including related im provements to real estate, for 30
others or for resale to others; and whose job scope is 31
substantially similar to the job scope described in one of the 32
paragraphs of this subsection. For the purposes of regulation 33
under this part, the term "demolish" applies only to demolition 34
of steel tanks more than 50 feet in height; towers more than 50 35
feet in height; other structures more than 50 feet in height; 36
and all buildings or residences. Contractors are subdivided into 37
two divisions, Division I, consisting of those contractors 38
defined in paragraphs (a) -(c), and Division II, consisting of 39
those contractors defined in paragraphs (d) -(q): 40
(n) "Underground utility and excavation contractor" means 41
a contractor whose services are limited to the construction, 42
installation, and repair, on public or private property, whether 43
accomplished through open excavations or through other means, 44
including, but not limited to, directional drilling, auger 45
boring, jacking and boring, trenchless technologies, wet and dry 46
taps, grouting, and slip lining, of main sanitary sewer 47
collection systems, main water distribution systems, storm sewer 48
collection systems, and the continuation of utility lines from 49
the main systems to a point of termination up to and including 50
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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
the meter location for th e individual occupancy, sewer 51
collection systems at property line on residential or single -52
occupancy commercial properties, or on multioccupancy properties 53
at manhole or wye lateral extended to an invert elevation as 54
engineered to accommodate future buildi ng sewers, water 55
distribution systems, or storm sewer collection systems at storm 56
sewer structures. However, an underground utility and excavation 57
contractor may install empty underground conduits in rights -of-58
way, easements, platted rights -of-way in new site development, 59
and sleeves for parking lot crossings no smaller than 2 inches 60
in diameter if each conduit system installed is designed by a 61
licensed professional engineer or an authorized employee of a 62
municipality, county, or public utility and the inst allation of 63
such conduit does not include installation of any conductor 64
wiring or connection to an energized electrical system. An 65
underground utility and excavation contractor may not install 66
piping that is an integral part of a fire protection system as 67
defined in s. 633.102 only up to a beginning at the point within 68
5 feet of the building for which such system will be installed 69
or up to the fire riser inside the building and ending no more 70
than 1 foot above the finished floor where the piping is used 71
exclusively for such system . 72
Section 2. Present subsections (33), (34), and (35) of 73
section 633.102, Florida Statutes, are redesignated as 74
subsections (34), (35), and (36), respectively, a new subsection 75
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(33) is added to that section, and paragraph (e) of subsection 76
(3) of that section is amended, to read: 77
633.102 Definitions. —As used in this chapter, the term: 78
(3) 79
(e) "Contractor V" means a contractor whose business is 80
limited to the execution of contracts requiring the ability to 81
fabricate, install, alter, repair, and service the underground 82
piping for a fire protection system using water as the 83
extinguishing agent beginning at the point of service as defined 84
in this act and ending no more than 1 foot above the finished 85
floor. A Contractor V may insp ect underground piping for a 86
water-based fire protection system under the direction of a 87
Contractor I or Contractor II. A Contractor V is also a licensed 88
underground utility and excavation contractor, as defined in s. 89
489.105(3)(n), who may fabricate, inst all, alter, repair, and 90
service the underground piping for a fire protection system 91
using water as the extinguishing agent up to a point within 5 92
feet of the building for which the fire protection system will 93
be installed or up to the fire riser inside the building and 94
ending no more than 1 foot above the finished floor. 95
96
This subsection may not be construed to include engineers or 97
architects within the defined terms and does not limit or 98
prohibit a licensed fire protection engineer or architect with 99
fire protection design experience from designing any type of 100
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fire protection system. A distinction is made between system 101
design concepts prepared by the design professional and system 102
layout as defined in this section and typically prepared by the 103
contractor. However, a person certified under this chapter as a 104
Contractor I or Contractor II may design new fire protection 105
systems of 49 or fewer sprinklers; may design the alteration of 106
an existing fire sprinkler system if the alteration consists of 107
the relocation, addition, or deletion of 49 or fewer sprinklers, 108
notwithstanding the size of the existing fire sprinkler system; 109
and may design the alteration of an existing fire sprinkler 110
system if the alteration consists of the relocation or deletion 111
of 249 or fewer sprinklers and the addition of up to 49 112
sprinklers, as long as the cumulative total number of fire 113
sprinklers being added, relocated, or deleted does not exceed 114
249, notwithstanding the size of the existing fire sprinkler 115
system, if there is no change of occu pancy of the affected 116
areas, as defined in the Florida Building Code and the Florida 117
Fire Prevention Code, and there is no change in the water demand 118
as defined in NFPA 13, "Standard for the Installation of 119
Sprinkler Systems," and if the occupancy hazard c lassification 120
as defined in NFPA 13 is reduced or remains the same as a result 121
of the alteration. Conflicts between the Florida Building Code 122
and the Florida Fire Prevention Code shall be resolved pursuant 123
to s. 553.73(1)(d). A person certified as a Contra ctor I, 124
Contractor II, or Contractor IV may design a new fire protection 125
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system or design the alteration of an existing fire protection 126
system, the scope of which complies with NFPA 13D, "Standard for 127
the Installation of Sprinkler Systems in One - and Two-Family 128
Dwellings and Manufactured Homes," as adopted by the State Fire 129
Marshal, notwithstanding the number of fire sprinklers. 130
Contractor-developed plans may not be required by any local 131
permitting authority to be sealed by a registered professional 132
engineer. 133
(33) "Underground utility and excavation contractor" means 134
an individual who holds a current and valid license as described 135
under s. 489.105(3)(n). 136
Section 3. For the purpose of incorporating the amendment 137
made by this act to section 489.105, Flor ida Statutes, in 138
references thereto, paragraph (a) of subsection (1), paragraphs 139
(a) and (b) of subsection (2), and paragraphs (a), (d), and (e) 140
of subsection (4) of section 489.117, Florida Statutes, are 141
reenacted to read: 142
489.117 Registration; specialty contractors. — 143
(1)(a) A person engaged in the business of a contractor as 144
defined in s. 489.105(3)(a) -(o) must be registered before 145
engaging in business as a contractor in this state, unless he or 146
she is certified. Except as provided in paragrap h (2)(b), to be 147
initially registered, the applicant must submit the required fee 148
and file evidence of successful compliance with the local 149
examination and licensing requirements, if any, in the area for 150
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which registration is desired. An examination is not required 151
for registration. 152
(2)(a) Except as provided in paragraph (b), the board may 153
not issue a new registration after July 1, 1993, based on any 154
certificate of competency or license for a category of 155
contractor defined in s. 489.105(3)(a) -(o) which is issued by a 156
municipal or county government that does not exercise 157
disciplinary control and oversight over such locally licensed 158
contractors, including forwarding a recommended order in each 159
action to the board as provided in s. 489.131(7). For purposes 160
of this subsection and s. 489.131(10), the board shall determine 161
the adequacy of such disciplinary control by reviewing the local 162
government's ability to process and investigate complaints and 163
to take disciplinary action against locally licensed 164
contractors. 165
(b) The board shall issue a registration to an eligible 166
applicant to engage in the business of a contractor in a 167
specified local jurisdiction, provided each of the following 168
conditions are satisfied: 169
1. The applicant held, in any local jurisdiction in this 170
state during 2021, 2022, or 2023, a certificate of registration 171
issued by the state or a local license issued by a local 172
jurisdiction to perform work in a category of contractor defined 173
in s. 489.105(3)(a)-(o). 174
2. The applicant submits all of the fo llowing to the 175
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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
board: 176
a. Evidence of the certificate of registration or local 177
license held by the applicant as required by subparagraph 1. 178
b. Evidence that the specified local jurisdiction does not 179
have a license type available for the category of work for which 180
the applicant was issued a certificate of registration or local 181
license during 2021, 2022, or 2023, such as a notification on 182
the website of the local jurisdiction or an e -mail or letter 183
from the office of the local building official or local bu ilding 184
department stating that such license type is not available in 185
that local jurisdiction. 186
c. Evidence that the applicant has submitted the required 187
fee. 188
d. Evidence of compliance with the insurance and financial 189
responsibility requirements of s. 48 9.115(5). 190
191
An examination is not required for an applicant seeking a 192
registration under this paragraph. 193
(4)(a)1. A person whose job scope does not substantially 194
correspond to either the job scope of one of the contractor 195
categories defined in s. 489.105( 3)(a)-(o), or the job scope of 196
one of the certified specialty contractor categories established 197
by board rule, is not required to register with the board. A 198
local government, as defined in s. 163.211, may not require a 199
person to obtain a license, issued by the local government or 200
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the state, for a job scope which does not substantially 201
correspond to the job scope of one of the contractor categories 202
defined in s. 489.105(3)(a) -(o) and (q) or authorized in s. 203
489.1455(1), or the job scope of one of the certifi ed specialty 204
contractor categories established pursuant to s. 489.113(6). A 205
local government may not require a state or local license to 206
obtain a permit for such job scopes. For purposes of this 207
section, job scopes for which a local government may not requ ire 208
a license include, but are not limited to, painting; flooring; 209
cabinetry; interior remodeling when the scope of the project 210
does not include a task for which a state license is required; 211
driveway or tennis court installation; handyman services; 212
decorative stone, tile, marble, granite, or terrazzo 213
installation; plastering; pressure washing; stuccoing; caulking; 214
and canvas awning and ornamental iron installation. 215
2. A county that includes an area designated as an area of 216
critical state concern under s. 380.05 may offer a license for 217
any job scope which requires a contractor license under this 218
part if the county imposed such a licensing requirement before 219
January 1, 2021. 220
3. A local government may continue to offer a license for 221
veneer, including alumin um or vinyl gutters, siding, soffit, or 222
fascia; rooftop painting, coating, and cleaning above three 223
stories in height; or fence installation and erection if the 224
local government imposed such a licensing requirement before 225
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January 1, 2021. 226
4. A local government may not require a license as a 227
prerequisite to submit a bid for public works projects if the 228
work to be performed does not require a license under general 229
law. 230
(d) Any person who is not required to obtain registration 231
or certification pursuant to s. 489.105(3)(d)-(o) may perform 232
contracting services for the construction, remodeling, repair, 233
or improvement of single -family residences, including a 234
townhouse as defined in the Florida Building Code, without 235
obtaining a local license if such person is u nder the 236
supervision of a certified or registered general, building, or 237
residential contractor. As used in this paragraph, supervision 238
shall not be deemed to require the existence of a direct 239
contract between the certified or registered general, building, 240
or residential contractor and the person performing specialty 241
contracting services. 242
(e) Any person who is not certified or registered may 243
perform the work of a specialty contractor whose scope of 244
practice is limited to the type of work specified under s. 245
489.105(3)(j), (k), or (l) for the construction, remodeling, 246
repair, or improvement of commercial or residential swimming 247
pools, interactive water features as defined in the Florida 248
Building Code, hot tubs, and spas without obtaining a local 249
license or certification as a specialty contractor if he or she 250
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is supervised by a contractor who is certified or registered 251
under s. 489.105(3)(j), (k), or (l); the work is within the 252
scope of the supervising contractor's license; the supervising 253
contractor is respons ible for the work; and the work does not 254
require certification or registration under s. 489.105(3)(d) -255
(i), (m)-(o), or s. 489.505. Such supervision does not require a 256
direct contract between the contractor certified or registered 257
under s. 489.105(3)(j), (k ), or (l) and the person performing 258
the work, or for the person performing the work to be an 259
employee of the contractor certified or registered under s. 260
489.105(3)(j), (k), or (l). This paragraph does not limit the 261
exemptions provided in s. 489.103 and may not be construed to 262
expand the scope of a contractor certified or registered under 263
s. 489.105(3)(j), (k), or (l) to provide plumbing or electrical 264
services for which certification or registration is required by 265
this part or part II. 266
Section 4. For the purpose of incorporating the amendment 267
made by this act to section 633.102, Florida Statutes, in a 268
reference thereto, subsection (1) of section 633.224, Florida 269
Statutes, is reenacted to read: 270
633.224 Automatic fire sprinkler systems for one -family 271
dwellings, two-family dwellings, and mobile homes. — 272
(1) It is unlawful for a person to engage in the business 273
or act in the capacity of a contractor of automatic fire 274
sprinkler systems for one -family dwellings, two -family 275
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dwellings, and mobile homes without having been duly certified 276
and holding a current certificate as a Contractor I, Contractor 277
II, or Contractor IV as defined in s. 633.102. 278
Section 5. For the purpose of incorporating the amendment 279
made by this act to section 633.102, Florida Statutes, i n a 280
reference thereto, paragraph (a) of subsection (2) of section 281
633.318, Florida Statutes, is reenacted to read: 282
633.318 Certificate application and issuance; permit 283
issuance; examination and investigation of applicant. — 284
(2)(a) Examinations shall be administered by the division 285
and held at times and places within the state as the division 286
determines, but there shall be at least two examinations a year. 287
Each applicant shall take and pass an objective, written 288
examination of her or his fitness for a cer tificate in the class 289
for which the application is requested. There shall be a type of 290
examination for each class of certificate for contractors as 291
defined in s. 633.102. The examination must test the applicant's 292
ability to lay out, fabricate, install, alt er, repair, and 293
inspect fire protection systems and their appurtenances and must 294
test the applicant's fitness in business and financial 295
management. The test must be based on applicable standards of 296
the National Fire Protection Association and on relevant F lorida 297
and federal laws pertaining to the construction industry, safety 298
standards, administrative procedures, and pertinent technical 299
data. 300
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Section 6. This act shall take effect July 1, 2025. 301