| 10 | 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 |
|---|
| 11 | 11 | | |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | A bill to be entitled 1 |
|---|
| 15 | 15 | | An act relating to underground utility and excavation 2 |
|---|
| 16 | 16 | | contractors; amending s. 489.105, F.S.; revising the 3 |
|---|
| 17 | 17 | | definition of the term "underground utility and 4 |
|---|
| 18 | 18 | | excavation contractor"; amending s. 633.102, F.S.; 5 |
|---|
| 19 | 19 | | revising the definition of the term "Contractor V"; 6 |
|---|
| 20 | 20 | | defining the term "underground utility and excavation 7 |
|---|
| 21 | 21 | | contractor"; reenacting s. 489.117(1)(a), (2)(a) and 8 |
|---|
| 22 | 22 | | (b), and (4)(a), (d), and (e), F.S., relating to 9 |
|---|
| 23 | 23 | | registration and specialty contractors, to incorporate 10 |
|---|
| 24 | 24 | | the amendment made to s. 489.105, F.S., in references 11 |
|---|
| 25 | 25 | | thereto; reenacting ss. 633.224(1) and 633.318(2)(a), 12 |
|---|
| 26 | 26 | | F.S., relating to automatic fire sprinkler systems and 13 |
|---|
| 27 | 27 | | fire protection system contractor c ertificate 14 |
|---|
| 28 | 28 | | application and examination, respectively, to 15 |
|---|
| 29 | 29 | | incorporate the amendment made to s. 633.102, F.S., in 16 |
|---|
| 30 | 30 | | references thereto; providing an effective date. 17 |
|---|
| 31 | 31 | | 18 |
|---|
| 32 | 32 | | Be It Enacted by the Legislature of the State of Florida: 19 |
|---|
| 33 | 33 | | 20 |
|---|
| 34 | 34 | | Section 1. Paragraph (n) of subsection (3) of section 21 |
|---|
| 35 | 35 | | 489.105, Florida Statutes, is amended to read: 22 |
|---|
| 36 | 36 | | 489.105 Definitions. —As used in this part: 23 |
|---|
| 37 | 37 | | (3) "Contractor" means the person who is qualified for, 24 |
|---|
| 38 | 38 | | and is only responsible for, the project contracted for and 25 |
|---|
| 39 | 39 | | |
|---|
| 47 | 47 | | 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 |
|---|
| 48 | 48 | | |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | |
|---|
| 51 | 51 | | means, except as exempted in this part, the person who, for 26 |
|---|
| 52 | 52 | | compensation, undertakes to, submits a bid to, or does himself 27 |
|---|
| 53 | 53 | | or herself or by others construct, repair, alter, remodel, add 28 |
|---|
| 54 | 54 | | to, demolish, subtract from, or improve any building or 29 |
|---|
| 55 | 55 | | structure, including related im provements to real estate, for 30 |
|---|
| 56 | 56 | | others or for resale to others; and whose job scope is 31 |
|---|
| 57 | 57 | | substantially similar to the job scope described in one of the 32 |
|---|
| 58 | 58 | | paragraphs of this subsection. For the purposes of regulation 33 |
|---|
| 59 | 59 | | under this part, the term "demolish" applies only to demolition 34 |
|---|
| 60 | 60 | | of steel tanks more than 50 feet in height; towers more than 50 35 |
|---|
| 61 | 61 | | feet in height; other structures more than 50 feet in height; 36 |
|---|
| 62 | 62 | | and all buildings or residences. Contractors are subdivided into 37 |
|---|
| 63 | 63 | | two divisions, Division I, consisting of those contractors 38 |
|---|
| 64 | 64 | | defined in paragraphs (a) -(c), and Division II, consisting of 39 |
|---|
| 65 | 65 | | those contractors defined in paragraphs (d) -(q): 40 |
|---|
| 66 | 66 | | (n) "Underground utility and excavation contractor" means 41 |
|---|
| 67 | 67 | | a contractor whose services are limited to the construction, 42 |
|---|
| 68 | 68 | | installation, and repair, on public or private property, whether 43 |
|---|
| 69 | 69 | | accomplished through open excavations or through other means, 44 |
|---|
| 70 | 70 | | including, but not limited to, directional drilling, auger 45 |
|---|
| 71 | 71 | | boring, jacking and boring, trenchless technologies, wet and dry 46 |
|---|
| 72 | 72 | | taps, grouting, and slip lining, of main sanitary sewer 47 |
|---|
| 73 | 73 | | collection systems, main water distribution systems, storm sewer 48 |
|---|
| 74 | 74 | | collection systems, and the continuation of utility lines from 49 |
|---|
| 75 | 75 | | the main systems to a point of termination up to and including 50 |
|---|
| 76 | 76 | | |
|---|
| 84 | 84 | | 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 |
|---|
| 85 | 85 | | |
|---|
| 86 | 86 | | |
|---|
| 87 | 87 | | |
|---|
| 88 | 88 | | the meter location for th e individual occupancy, sewer 51 |
|---|
| 89 | 89 | | collection systems at property line on residential or single -52 |
|---|
| 90 | 90 | | occupancy commercial properties, or on multioccupancy properties 53 |
|---|
| 91 | 91 | | at manhole or wye lateral extended to an invert elevation as 54 |
|---|
| 92 | 92 | | engineered to accommodate future buildi ng sewers, water 55 |
|---|
| 93 | 93 | | distribution systems, or storm sewer collection systems at storm 56 |
|---|
| 94 | 94 | | sewer structures. However, an underground utility and excavation 57 |
|---|
| 95 | 95 | | contractor may install empty underground conduits in rights -of-58 |
|---|
| 96 | 96 | | way, easements, platted rights -of-way in new site development, 59 |
|---|
| 97 | 97 | | and sleeves for parking lot crossings no smaller than 2 inches 60 |
|---|
| 98 | 98 | | in diameter if each conduit system installed is designed by a 61 |
|---|
| 99 | 99 | | licensed professional engineer or an authorized employee of a 62 |
|---|
| 100 | 100 | | municipality, county, or public utility and the inst allation of 63 |
|---|
| 101 | 101 | | such conduit does not include installation of any conductor 64 |
|---|
| 102 | 102 | | wiring or connection to an energized electrical system. An 65 |
|---|
| 103 | 103 | | underground utility and excavation contractor may not install 66 |
|---|
| 104 | 104 | | piping that is an integral part of a fire protection system as 67 |
|---|
| 105 | 105 | | defined in s. 633.102 only up to a beginning at the point within 68 |
|---|
| 106 | 106 | | 5 feet of the building for which such system will be installed 69 |
|---|
| 107 | | - | where the piping is used exclusively for such system . 70 |
|---|
| 108 | | - | Section 2. Present subsections (33), (34), and (35) of 71 |
|---|
| 109 | | - | section 633.102, Florida Statutes, are redesignated as 72 |
|---|
| 110 | | - | subsections (34), (35), and (36), respectively, a new subsection 73 |
|---|
| 111 | | - | (33) is added to that section, and paragraph (e) of subsection 74 |
|---|
| 112 | | - | (3) of that section is amended, to read: 75 |
|---|
| 107 | + | or up to the fire riser inside the building and ending no more 70 |
|---|
| 108 | + | than 1 foot above the finished floor where the piping is used 71 |
|---|
| 109 | + | exclusively for such system . 72 |
|---|
| 110 | + | Section 2. Present subsections (33), (34), and (35) of 73 |
|---|
| 111 | + | section 633.102, Florida Statutes, are redesignated as 74 |
|---|
| 112 | + | subsections (34), (35), and (36), respectively, a new subsection 75 |
|---|
| 125 | | - | 633.102 Definitions. —As used in this chapter, the term: 76 |
|---|
| 126 | | - | (3) 77 |
|---|
| 127 | | - | (e) "Contractor V" means a contractor whose business is 78 |
|---|
| 128 | | - | limited to the execution of contracts requiring the ability to 79 |
|---|
| 129 | | - | fabricate, install, alter, repair, and service the underground 80 |
|---|
| 130 | | - | piping for a fire protection system using water as the 81 |
|---|
| 131 | | - | extinguishing agent beginning at the point of service as defined 82 |
|---|
| 132 | | - | in this act and ending no more than 1 foot above the finished 83 |
|---|
| 133 | | - | floor. A Contractor V may inspect underground piping for a 84 |
|---|
| 134 | | - | water-based fire protection system under the direction of a 85 |
|---|
| 135 | | - | Contractor I or Contractor II. A Contractor V who is also a 86 |
|---|
| 136 | | - | licensed underground utility and excavation contractor, as 87 |
|---|
| 137 | | - | defined in s. 489.105(3)(n), may fabricate, install, alter, 88 |
|---|
| 138 | | - | repair, and service the underground piping for a fire protection 89 |
|---|
| 139 | | - | system using water as t he extinguishing agent up to a point 90 |
|---|
| 140 | | - | within 5 feet of the building for which the fire protection 91 |
|---|
| 141 | | - | system will be installed or up to the fire riser inside the 92 |
|---|
| 142 | | - | building and ending no more than 1 foot above the finished 93 |
|---|
| 143 | | - | floor. 94 |
|---|
| 144 | | - | 95 |
|---|
| 145 | | - | This subsection may not be const rued to include engineers or 96 |
|---|
| 146 | | - | architects within the defined terms and does not limit or 97 |
|---|
| 147 | | - | prohibit a licensed fire protection engineer or architect with 98 |
|---|
| 148 | | - | fire protection design experience from designing any type of 99 |
|---|
| 149 | | - | fire protection system. A distinction is made between system 100 |
|---|
| 125 | + | (33) is added to that section, and paragraph (e) of subsection 76 |
|---|
| 126 | + | (3) of that section is amended, to read: 77 |
|---|
| 127 | + | 633.102 Definitions. —As used in this chapter, the term: 78 |
|---|
| 128 | + | (3) 79 |
|---|
| 129 | + | (e) "Contractor V" means a contractor whose business is 80 |
|---|
| 130 | + | limited to the execution of contracts requiring the ability to 81 |
|---|
| 131 | + | fabricate, install, alter, repair, and service the underground 82 |
|---|
| 132 | + | piping for a fire protection system using water as the 83 |
|---|
| 133 | + | extinguishing agent beginning at the point of service as defined 84 |
|---|
| 134 | + | in this act and ending no more than 1 foot above the finished 85 |
|---|
| 135 | + | floor. A Contractor V may insp ect underground piping for a 86 |
|---|
| 136 | + | water-based fire protection system under the direction of a 87 |
|---|
| 137 | + | Contractor I or Contractor II. A Contractor V is also a licensed 88 |
|---|
| 138 | + | underground utility and excavation contractor, as defined in s. 89 |
|---|
| 139 | + | 489.105(3)(n), who may fabricate, inst all, alter, repair, and 90 |
|---|
| 140 | + | service the underground piping for a fire protection system 91 |
|---|
| 141 | + | using water as the extinguishing agent up to a point within 5 92 |
|---|
| 142 | + | feet of the building for which the fire protection system will 93 |
|---|
| 143 | + | be installed or up to the fire riser inside the building and 94 |
|---|
| 144 | + | ending no more than 1 foot above the finished floor. 95 |
|---|
| 145 | + | 96 |
|---|
| 146 | + | This subsection may not be construed to include engineers or 97 |
|---|
| 147 | + | architects within the defined terms and does not limit or 98 |
|---|
| 148 | + | prohibit a licensed fire protection engineer or architect with 99 |
|---|
| 149 | + | fire protection design experience from designing any type of 100 |
|---|
| 162 | | - | design concepts prepared by the design professional and system 101 |
|---|
| 163 | | - | layout as defined in this section and typically prepared by the 102 |
|---|
| 164 | | - | contractor. However, a person certified under this chapter as a 103 |
|---|
| 165 | | - | Contractor I or Contractor II may design new fire protection 104 |
|---|
| 166 | | - | systems of 49 or fewer sprinklers; may design the alteration of 105 |
|---|
| 167 | | - | an existing fire sprinkler system if the alteration consists of 106 |
|---|
| 168 | | - | the relocation, addition, or deletion of 49 or fewer sprinklers, 107 |
|---|
| 169 | | - | notwithstanding the size of the existing fire sprin kler system; 108 |
|---|
| 170 | | - | and may design the alteration of an existing fire sprinkler 109 |
|---|
| 171 | | - | system if the alteration consists of the relocation or deletion 110 |
|---|
| 172 | | - | of 249 or fewer sprinklers and the addition of up to 49 111 |
|---|
| 173 | | - | sprinklers, as long as the cumulative total number of fire 112 |
|---|
| 174 | | - | sprinklers being added, relocated, or deleted does not exceed 113 |
|---|
| 175 | | - | 249, notwithstanding the size of the existing fire sprinkler 114 |
|---|
| 176 | | - | system, if there is no change of occupancy of the affected 115 |
|---|
| 177 | | - | areas, as defined in the Florida Building Code and the Florida 116 |
|---|
| 178 | | - | Fire Prevention Code, and there is no change in the water demand 117 |
|---|
| 179 | | - | as defined in NFPA 13, "Standard for the Installation of 118 |
|---|
| 180 | | - | Sprinkler Systems," and if the occupancy hazard classification 119 |
|---|
| 181 | | - | as defined in NFPA 13 is reduced or remains the same as a result 120 |
|---|
| 182 | | - | of the alteration. Co nflicts between the Florida Building Code 121 |
|---|
| 183 | | - | and the Florida Fire Prevention Code shall be resolved pursuant 122 |
|---|
| 184 | | - | to s. 553.73(1)(d). A person certified as a Contractor I, 123 |
|---|
| 185 | | - | Contractor II, or Contractor IV may design a new fire protection 124 |
|---|
| 186 | | - | system or design the altera tion of an existing fire protection 125 |
|---|
| 162 | + | fire protection system. A distinction is made between system 101 |
|---|
| 163 | + | design concepts prepared by the design professional and system 102 |
|---|
| 164 | + | layout as defined in this section and typically prepared by the 103 |
|---|
| 165 | + | contractor. However, a person certified under this chapter as a 104 |
|---|
| 166 | + | Contractor I or Contractor II may design new fire protection 105 |
|---|
| 167 | + | systems of 49 or fewer sprinklers; may design the alteration of 106 |
|---|
| 168 | + | an existing fire sprinkler system if the alteration consists of 107 |
|---|
| 169 | + | the relocation, addition, or deletion of 49 or fewer sprinklers, 108 |
|---|
| 170 | + | notwithstanding the size of the existing fire sprinkler system; 109 |
|---|
| 171 | + | and may design the alteration of an existing fire sprinkler 110 |
|---|
| 172 | + | system if the alteration consists of the relocation or deletion 111 |
|---|
| 173 | + | of 249 or fewer sprinklers and the addition of up to 49 112 |
|---|
| 174 | + | sprinklers, as long as the cumulative total number of fire 113 |
|---|
| 175 | + | sprinklers being added, relocated, or deleted does not exceed 114 |
|---|
| 176 | + | 249, notwithstanding the size of the existing fire sprinkler 115 |
|---|
| 177 | + | system, if there is no change of occu pancy of the affected 116 |
|---|
| 178 | + | areas, as defined in the Florida Building Code and the Florida 117 |
|---|
| 179 | + | Fire Prevention Code, and there is no change in the water demand 118 |
|---|
| 180 | + | as defined in NFPA 13, "Standard for the Installation of 119 |
|---|
| 181 | + | Sprinkler Systems," and if the occupancy hazard c lassification 120 |
|---|
| 182 | + | as defined in NFPA 13 is reduced or remains the same as a result 121 |
|---|
| 183 | + | of the alteration. Conflicts between the Florida Building Code 122 |
|---|
| 184 | + | and the Florida Fire Prevention Code shall be resolved pursuant 123 |
|---|
| 185 | + | to s. 553.73(1)(d). A person certified as a Contra ctor I, 124 |
|---|
| 186 | + | Contractor II, or Contractor IV may design a new fire protection 125 |
|---|
| 199 | | - | system, the scope of which complies with NFPA 13D, "Standard for 126 |
|---|
| 200 | | - | the Installation of Sprinkler Systems in One - and Two-Family 127 |
|---|
| 201 | | - | Dwellings and Manufactured Homes," as adopted by the State Fire 128 |
|---|
| 202 | | - | Marshal, notwithstanding the n umber of fire sprinklers. 129 |
|---|
| 203 | | - | Contractor-developed plans may not be required by any local 130 |
|---|
| 204 | | - | permitting authority to be sealed by a registered professional 131 |
|---|
| 205 | | - | engineer. 132 |
|---|
| 206 | | - | (33) "Underground utility and excavation contractor" means 133 |
|---|
| 207 | | - | an individual who holds a current an d valid license as described 134 |
|---|
| 208 | | - | under s. 489.105(3)(n). 135 |
|---|
| 209 | | - | Section 3. For the purpose of incorporating the amendment 136 |
|---|
| 210 | | - | made by this act to section 489.105, Florida Statutes, in 137 |
|---|
| 211 | | - | references thereto, paragraph (a) of subsection (1), paragraphs 138 |
|---|
| 212 | | - | (a) and (b) of subsection (2), and paragraphs (a), (d), and (e) 139 |
|---|
| 213 | | - | of subsection (4) of section 489.117, Florida Statutes, are 140 |
|---|
| 214 | | - | reenacted to read: 141 |
|---|
| 215 | | - | 489.117 Registration; specialty contractors. — 142 |
|---|
| 216 | | - | (1)(a) A person engaged in the business of a contractor as 143 |
|---|
| 217 | | - | defined in s. 489.105(3)(a) -(o) must be registered before 144 |
|---|
| 218 | | - | engaging in business as a contractor in this state, unless he or 145 |
|---|
| 219 | | - | she is certified. Except as provided in paragraph (2)(b), to be 146 |
|---|
| 220 | | - | initially registered, the applicant must submit the required fee 147 |
|---|
| 221 | | - | and file evidence of successful compliance with the local 148 |
|---|
| 222 | | - | examination and licensing requirements, if any, in the area for 149 |
|---|
| 223 | | - | which registration is desired. An examination is not required 150 |
|---|
| 199 | + | system or design the alteration of an existing fire protection 126 |
|---|
| 200 | + | system, the scope of which complies with NFPA 13D, "Standard for 127 |
|---|
| 201 | + | the Installation of Sprinkler Systems in One - and Two-Family 128 |
|---|
| 202 | + | Dwellings and Manufactured Homes," as adopted by the State Fire 129 |
|---|
| 203 | + | Marshal, notwithstanding the number of fire sprinklers. 130 |
|---|
| 204 | + | Contractor-developed plans may not be required by any local 131 |
|---|
| 205 | + | permitting authority to be sealed by a registered professional 132 |
|---|
| 206 | + | engineer. 133 |
|---|
| 207 | + | (33) "Underground utility and excavation contractor" means 134 |
|---|
| 208 | + | an individual who holds a current and valid license as described 135 |
|---|
| 209 | + | under s. 489.105(3)(n). 136 |
|---|
| 210 | + | Section 3. For the purpose of incorporating the amendment 137 |
|---|
| 211 | + | made by this act to section 489.105, Flor ida Statutes, in 138 |
|---|
| 212 | + | references thereto, paragraph (a) of subsection (1), paragraphs 139 |
|---|
| 213 | + | (a) and (b) of subsection (2), and paragraphs (a), (d), and (e) 140 |
|---|
| 214 | + | of subsection (4) of section 489.117, Florida Statutes, are 141 |
|---|
| 215 | + | reenacted to read: 142 |
|---|
| 216 | + | 489.117 Registration; specialty contractors. — 143 |
|---|
| 217 | + | (1)(a) A person engaged in the business of a contractor as 144 |
|---|
| 218 | + | defined in s. 489.105(3)(a) -(o) must be registered before 145 |
|---|
| 219 | + | engaging in business as a contractor in this state, unless he or 146 |
|---|
| 220 | + | she is certified. Except as provided in paragrap h (2)(b), to be 147 |
|---|
| 221 | + | initially registered, the applicant must submit the required fee 148 |
|---|
| 222 | + | and file evidence of successful compliance with the local 149 |
|---|
| 223 | + | examination and licensing requirements, if any, in the area for 150 |
|---|
| 236 | | - | for registration. 151 |
|---|
| 237 | | - | (2)(a) Except as provided in paragraph (b), the board may 152 |
|---|
| 238 | | - | not issue a new registration after July 1, 1993, based on any 153 |
|---|
| 239 | | - | certificate of competency or license for a category of 154 |
|---|
| 240 | | - | contractor defined in s. 489.105(3)(a) -(o) which is issued by a 155 |
|---|
| 241 | | - | municipal or county government that does not exercise 156 |
|---|
| 242 | | - | disciplinary control and oversight over such locally licensed 157 |
|---|
| 243 | | - | contractors, including forwarding a recommended order in each 158 |
|---|
| 244 | | - | action to the board as provided in s. 489.131(7). For purposes 159 |
|---|
| 245 | | - | of this subsection and s. 48 9.131(10), the board shall determine 160 |
|---|
| 246 | | - | the adequacy of such disciplinary control by reviewing the local 161 |
|---|
| 247 | | - | government's ability to process and investigate complaints and 162 |
|---|
| 248 | | - | to take disciplinary action against locally licensed 163 |
|---|
| 249 | | - | contractors. 164 |
|---|
| 250 | | - | (b) The board shall iss ue a registration to an eligible 165 |
|---|
| 251 | | - | applicant to engage in the business of a contractor in a 166 |
|---|
| 252 | | - | specified local jurisdiction, provided each of the following 167 |
|---|
| 253 | | - | conditions are satisfied: 168 |
|---|
| 254 | | - | 1. The applicant held, in any local jurisdiction in this 169 |
|---|
| 255 | | - | state during 2021, 2 022, or 2023, a certificate of registration 170 |
|---|
| 256 | | - | issued by the state or a local license issued by a local 171 |
|---|
| 257 | | - | jurisdiction to perform work in a category of contractor defined 172 |
|---|
| 258 | | - | in s. 489.105(3)(a)-(o). 173 |
|---|
| 259 | | - | 2. The applicant submits all of the following to the 174 |
|---|
| 260 | | - | board: 175 |
|---|
| 236 | + | which registration is desired. An examination is not required 151 |
|---|
| 237 | + | for registration. 152 |
|---|
| 238 | + | (2)(a) Except as provided in paragraph (b), the board may 153 |
|---|
| 239 | + | not issue a new registration after July 1, 1993, based on any 154 |
|---|
| 240 | + | certificate of competency or license for a category of 155 |
|---|
| 241 | + | contractor defined in s. 489.105(3)(a) -(o) which is issued by a 156 |
|---|
| 242 | + | municipal or county government that does not exercise 157 |
|---|
| 243 | + | disciplinary control and oversight over such locally licensed 158 |
|---|
| 244 | + | contractors, including forwarding a recommended order in each 159 |
|---|
| 245 | + | action to the board as provided in s. 489.131(7). For purposes 160 |
|---|
| 246 | + | of this subsection and s. 489.131(10), the board shall determine 161 |
|---|
| 247 | + | the adequacy of such disciplinary control by reviewing the local 162 |
|---|
| 248 | + | government's ability to process and investigate complaints and 163 |
|---|
| 249 | + | to take disciplinary action against locally licensed 164 |
|---|
| 250 | + | contractors. 165 |
|---|
| 251 | + | (b) The board shall issue a registration to an eligible 166 |
|---|
| 252 | + | applicant to engage in the business of a contractor in a 167 |
|---|
| 253 | + | specified local jurisdiction, provided each of the following 168 |
|---|
| 254 | + | conditions are satisfied: 169 |
|---|
| 255 | + | 1. The applicant held, in any local jurisdiction in this 170 |
|---|
| 256 | + | state during 2021, 2022, or 2023, a certificate of registration 171 |
|---|
| 257 | + | issued by the state or a local license issued by a local 172 |
|---|
| 258 | + | jurisdiction to perform work in a category of contractor defined 173 |
|---|
| 259 | + | in s. 489.105(3)(a)-(o). 174 |
|---|
| 260 | + | 2. The applicant submits all of the fo llowing to the 175 |
|---|
| 273 | | - | a. Evidence of the certificate of registration or local 176 |
|---|
| 274 | | - | license held by the applicant as required by subparagraph 1. 177 |
|---|
| 275 | | - | b. Evidence that the specified local jurisdiction does not 178 |
|---|
| 276 | | - | have a license type available for the category of work for which 179 |
|---|
| 277 | | - | the applicant was issued a certificate of registration or local 180 |
|---|
| 278 | | - | license during 2021, 2022, or 2023, such as a notification on 181 |
|---|
| 279 | | - | the website of the local jurisdiction or an e -mail or letter 182 |
|---|
| 280 | | - | from the office of the local building official or local building 183 |
|---|
| 281 | | - | department stating that such license type is not available in 184 |
|---|
| 282 | | - | that local jurisdiction. 185 |
|---|
| 283 | | - | c. Evidence that the applicant has submitted the required 186 |
|---|
| 284 | | - | fee. 187 |
|---|
| 285 | | - | d. Evidence of compliance with the insurance and financial 188 |
|---|
| 286 | | - | responsibility requirements of s. 489.115(5). 189 |
|---|
| 287 | | - | 190 |
|---|
| 288 | | - | An examination is not required for an applicant seeking a 191 |
|---|
| 289 | | - | registration under this paragraph. 192 |
|---|
| 290 | | - | (4)(a)1. A person whose job scope does not substantially 193 |
|---|
| 291 | | - | correspond to either the job scope of one of the contractor 194 |
|---|
| 292 | | - | categories defined in s. 489.105(3)(a) -(o), or the job scope of 195 |
|---|
| 293 | | - | one of the certified specialty contractor categories established 196 |
|---|
| 294 | | - | by board rule, is not required to register with the board. A 197 |
|---|
| 295 | | - | local government, as defined in s. 163.211, may not require a 198 |
|---|
| 296 | | - | person to obtain a license, issued by the local government or 199 |
|---|
| 297 | | - | the state, for a job scope which does not substantially 200 |
|---|
| 273 | + | board: 176 |
|---|
| 274 | + | a. Evidence of the certificate of registration or local 177 |
|---|
| 275 | + | license held by the applicant as required by subparagraph 1. 178 |
|---|
| 276 | + | b. Evidence that the specified local jurisdiction does not 179 |
|---|
| 277 | + | have a license type available for the category of work for which 180 |
|---|
| 278 | + | the applicant was issued a certificate of registration or local 181 |
|---|
| 279 | + | license during 2021, 2022, or 2023, such as a notification on 182 |
|---|
| 280 | + | the website of the local jurisdiction or an e -mail or letter 183 |
|---|
| 281 | + | from the office of the local building official or local bu ilding 184 |
|---|
| 282 | + | department stating that such license type is not available in 185 |
|---|
| 283 | + | that local jurisdiction. 186 |
|---|
| 284 | + | c. Evidence that the applicant has submitted the required 187 |
|---|
| 285 | + | fee. 188 |
|---|
| 286 | + | d. Evidence of compliance with the insurance and financial 189 |
|---|
| 287 | + | responsibility requirements of s. 48 9.115(5). 190 |
|---|
| 288 | + | 191 |
|---|
| 289 | + | An examination is not required for an applicant seeking a 192 |
|---|
| 290 | + | registration under this paragraph. 193 |
|---|
| 291 | + | (4)(a)1. A person whose job scope does not substantially 194 |
|---|
| 292 | + | correspond to either the job scope of one of the contractor 195 |
|---|
| 293 | + | categories defined in s. 489.105( 3)(a)-(o), or the job scope of 196 |
|---|
| 294 | + | one of the certified specialty contractor categories established 197 |
|---|
| 295 | + | by board rule, is not required to register with the board. A 198 |
|---|
| 296 | + | local government, as defined in s. 163.211, may not require a 199 |
|---|
| 297 | + | person to obtain a license, issued by the local government or 200 |
|---|
| 310 | | - | correspond to the job scope of one of the contractor categories 201 |
|---|
| 311 | | - | defined in s. 489.105(3)(a) -(o) and (q) or authorized in s. 202 |
|---|
| 312 | | - | 489.1455(1), or the job scope of one of the certified specialty 203 |
|---|
| 313 | | - | contractor categories established pursuant to s. 489.113(6). A 204 |
|---|
| 314 | | - | local government may not require a state or local license to 205 |
|---|
| 315 | | - | obtain a permit for such job scopes. For purposes of this 206 |
|---|
| 316 | | - | section, job scopes for which a local government may not require 207 |
|---|
| 317 | | - | a license include, bu t are not limited to, painting; flooring; 208 |
|---|
| 318 | | - | cabinetry; interior remodeling when the scope of the project 209 |
|---|
| 319 | | - | does not include a task for which a state license is required; 210 |
|---|
| 320 | | - | driveway or tennis court installation; handyman services; 211 |
|---|
| 321 | | - | decorative stone, tile, marble, granite, or terrazzo 212 |
|---|
| 322 | | - | installation; plastering; pressure washing; stuccoing; caulking; 213 |
|---|
| 323 | | - | and canvas awning and ornamental iron installation. 214 |
|---|
| 324 | | - | 2. A county that includes an area designated as an area of 215 |
|---|
| 325 | | - | critical state concern under s. 380.05 may offer a licens e for 216 |
|---|
| 326 | | - | any job scope which requires a contractor license under this 217 |
|---|
| 327 | | - | part if the county imposed such a licensing requirement before 218 |
|---|
| 328 | | - | January 1, 2021. 219 |
|---|
| 329 | | - | 3. A local government may continue to offer a license for 220 |
|---|
| 330 | | - | veneer, including aluminum or vinyl gutters, sidi ng, soffit, or 221 |
|---|
| 331 | | - | fascia; rooftop painting, coating, and cleaning above three 222 |
|---|
| 332 | | - | stories in height; or fence installation and erection if the 223 |
|---|
| 333 | | - | local government imposed such a licensing requirement before 224 |
|---|
| 334 | | - | January 1, 2021. 225 |
|---|
| 310 | + | the state, for a job scope which does not substantially 201 |
|---|
| 311 | + | correspond to the job scope of one of the contractor categories 202 |
|---|
| 312 | + | defined in s. 489.105(3)(a) -(o) and (q) or authorized in s. 203 |
|---|
| 313 | + | 489.1455(1), or the job scope of one of the certifi ed specialty 204 |
|---|
| 314 | + | contractor categories established pursuant to s. 489.113(6). A 205 |
|---|
| 315 | + | local government may not require a state or local license to 206 |
|---|
| 316 | + | obtain a permit for such job scopes. For purposes of this 207 |
|---|
| 317 | + | section, job scopes for which a local government may not requ ire 208 |
|---|
| 318 | + | a license include, but are not limited to, painting; flooring; 209 |
|---|
| 319 | + | cabinetry; interior remodeling when the scope of the project 210 |
|---|
| 320 | + | does not include a task for which a state license is required; 211 |
|---|
| 321 | + | driveway or tennis court installation; handyman services; 212 |
|---|
| 322 | + | decorative stone, tile, marble, granite, or terrazzo 213 |
|---|
| 323 | + | installation; plastering; pressure washing; stuccoing; caulking; 214 |
|---|
| 324 | + | and canvas awning and ornamental iron installation. 215 |
|---|
| 325 | + | 2. A county that includes an area designated as an area of 216 |
|---|
| 326 | + | critical state concern under s. 380.05 may offer a license for 217 |
|---|
| 327 | + | any job scope which requires a contractor license under this 218 |
|---|
| 328 | + | part if the county imposed such a licensing requirement before 219 |
|---|
| 329 | + | January 1, 2021. 220 |
|---|
| 330 | + | 3. A local government may continue to offer a license for 221 |
|---|
| 331 | + | veneer, including alumin um or vinyl gutters, siding, soffit, or 222 |
|---|
| 332 | + | fascia; rooftop painting, coating, and cleaning above three 223 |
|---|
| 333 | + | stories in height; or fence installation and erection if the 224 |
|---|
| 334 | + | local government imposed such a licensing requirement before 225 |
|---|
| 347 | | - | 4. A local government may not require a license as a 226 |
|---|
| 348 | | - | prerequisite to submit a bid for public works projects if the 227 |
|---|
| 349 | | - | work to be performed does not require a license under general 228 |
|---|
| 350 | | - | law. 229 |
|---|
| 351 | | - | (d) Any person who is not required to obtain registration 230 |
|---|
| 352 | | - | or certification pursuant to s. 489.105(3)(d) -(o) may perform 231 |
|---|
| 353 | | - | contracting services for the construction, remodeling, repair, 232 |
|---|
| 354 | | - | or improvement of single -family residences, including a 233 |
|---|
| 355 | | - | townhouse as defined in the Florida Building Code, without 234 |
|---|
| 356 | | - | obtaining a local license if such person is under the 235 |
|---|
| 357 | | - | supervision of a certified or registered general, building, or 236 |
|---|
| 358 | | - | residential contractor. As used in this paragraph, supervision 237 |
|---|
| 359 | | - | shall not be deemed to require the existence of a direct 238 |
|---|
| 360 | | - | contract between the certified or registered general, building, 239 |
|---|
| 361 | | - | or residential contractor and the person performing specialty 240 |
|---|
| 362 | | - | contracting services. 241 |
|---|
| 363 | | - | (e) Any person who is not certified or registered may 242 |
|---|
| 364 | | - | perform the work of a specialty contractor whose scope of 243 |
|---|
| 365 | | - | practice is limited to the type of work specified under s. 244 |
|---|
| 366 | | - | 489.105(3)(j), (k), or ( l) for the construction, remodeling, 245 |
|---|
| 367 | | - | repair, or improvement of commercial or residential swimming 246 |
|---|
| 368 | | - | pools, interactive water features as defined in the Florida 247 |
|---|
| 369 | | - | Building Code, hot tubs, and spas without obtaining a local 248 |
|---|
| 370 | | - | license or certification as a specialt y contractor if he or she 249 |
|---|
| 371 | | - | is supervised by a contractor who is certified or registered 250 |
|---|
| 347 | + | January 1, 2021. 226 |
|---|
| 348 | + | 4. A local government may not require a license as a 227 |
|---|
| 349 | + | prerequisite to submit a bid for public works projects if the 228 |
|---|
| 350 | + | work to be performed does not require a license under general 229 |
|---|
| 351 | + | law. 230 |
|---|
| 352 | + | (d) Any person who is not required to obtain registration 231 |
|---|
| 353 | + | or certification pursuant to s. 489.105(3)(d)-(o) may perform 232 |
|---|
| 354 | + | contracting services for the construction, remodeling, repair, 233 |
|---|
| 355 | + | or improvement of single -family residences, including a 234 |
|---|
| 356 | + | townhouse as defined in the Florida Building Code, without 235 |
|---|
| 357 | + | obtaining a local license if such person is u nder the 236 |
|---|
| 358 | + | supervision of a certified or registered general, building, or 237 |
|---|
| 359 | + | residential contractor. As used in this paragraph, supervision 238 |
|---|
| 360 | + | shall not be deemed to require the existence of a direct 239 |
|---|
| 361 | + | contract between the certified or registered general, building, 240 |
|---|
| 362 | + | or residential contractor and the person performing specialty 241 |
|---|
| 363 | + | contracting services. 242 |
|---|
| 364 | + | (e) Any person who is not certified or registered may 243 |
|---|
| 365 | + | perform the work of a specialty contractor whose scope of 244 |
|---|
| 366 | + | practice is limited to the type of work specified under s. 245 |
|---|
| 367 | + | 489.105(3)(j), (k), or (l) for the construction, remodeling, 246 |
|---|
| 368 | + | repair, or improvement of commercial or residential swimming 247 |
|---|
| 369 | + | pools, interactive water features as defined in the Florida 248 |
|---|
| 370 | + | Building Code, hot tubs, and spas without obtaining a local 249 |
|---|
| 371 | + | license or certification as a specialty contractor if he or she 250 |
|---|
| 384 | | - | under s. 489.105(3)(j), (k), or (l); the work is within the 251 |
|---|
| 385 | | - | scope of the supervising contractor's license; the supervising 252 |
|---|
| 386 | | - | contractor is responsible for the work; and th e work does not 253 |
|---|
| 387 | | - | require certification or registration under s. 489.105(3)(d) -254 |
|---|
| 388 | | - | (i), (m)-(o), or s. 489.505. Such supervision does not require a 255 |
|---|
| 389 | | - | direct contract between the contractor certified or registered 256 |
|---|
| 390 | | - | under s. 489.105(3)(j), (k), or (l) and the person performing 257 |
|---|
| 391 | | - | the work, or for the person performing the work to be an 258 |
|---|
| 392 | | - | employee of the contractor certified or registered under s. 259 |
|---|
| 393 | | - | 489.105(3)(j), (k), or (l). This paragraph does not limit the 260 |
|---|
| 394 | | - | exemptions provided in s. 489.103 and may not be construed to 261 |
|---|
| 395 | | - | expand the scope of a contractor certified or registered under 262 |
|---|
| 396 | | - | s. 489.105(3)(j), (k), or (l) to provide plumbing or electrical 263 |
|---|
| 397 | | - | services for which certification or registration is required by 264 |
|---|
| 398 | | - | this part or part II. 265 |
|---|
| 399 | | - | Section 4. For the purpose of incorporating the amendment 266 |
|---|
| 400 | | - | made by this act to section 633.102, Florida Statutes, in a 267 |
|---|
| 401 | | - | reference thereto, subsection (1) of section 633.224, Florida 268 |
|---|
| 402 | | - | Statutes, is reenacted to read: 269 |
|---|
| 403 | | - | 633.224 Automatic fire sprinkler systems for one -family 270 |
|---|
| 404 | | - | dwellings, two-family dwellings, and mobile homes. — 271 |
|---|
| 405 | | - | (1) It is unlawful for a person to engage in the business 272 |
|---|
| 406 | | - | or act in the capacity of a contractor of automatic fire 273 |
|---|
| 407 | | - | sprinkler systems for one -family dwellings, two -family 274 |
|---|
| 408 | | - | dwellings, and mobile homes without having been duly certifie d 275 |
|---|
| 384 | + | is supervised by a contractor who is certified or registered 251 |
|---|
| 385 | + | under s. 489.105(3)(j), (k), or (l); the work is within the 252 |
|---|
| 386 | + | scope of the supervising contractor's license; the supervising 253 |
|---|
| 387 | + | contractor is respons ible for the work; and the work does not 254 |
|---|
| 388 | + | require certification or registration under s. 489.105(3)(d) -255 |
|---|
| 389 | + | (i), (m)-(o), or s. 489.505. Such supervision does not require a 256 |
|---|
| 390 | + | direct contract between the contractor certified or registered 257 |
|---|
| 391 | + | under s. 489.105(3)(j), (k ), or (l) and the person performing 258 |
|---|
| 392 | + | the work, or for the person performing the work to be an 259 |
|---|
| 393 | + | employee of the contractor certified or registered under s. 260 |
|---|
| 394 | + | 489.105(3)(j), (k), or (l). This paragraph does not limit the 261 |
|---|
| 395 | + | exemptions provided in s. 489.103 and may not be construed to 262 |
|---|
| 396 | + | expand the scope of a contractor certified or registered under 263 |
|---|
| 397 | + | s. 489.105(3)(j), (k), or (l) to provide plumbing or electrical 264 |
|---|
| 398 | + | services for which certification or registration is required by 265 |
|---|
| 399 | + | this part or part II. 266 |
|---|
| 400 | + | Section 4. For the purpose of incorporating the amendment 267 |
|---|
| 401 | + | made by this act to section 633.102, Florida Statutes, in a 268 |
|---|
| 402 | + | reference thereto, subsection (1) of section 633.224, Florida 269 |
|---|
| 403 | + | Statutes, is reenacted to read: 270 |
|---|
| 404 | + | 633.224 Automatic fire sprinkler systems for one -family 271 |
|---|
| 405 | + | dwellings, two-family dwellings, and mobile homes. — 272 |
|---|
| 406 | + | (1) It is unlawful for a person to engage in the business 273 |
|---|
| 407 | + | or act in the capacity of a contractor of automatic fire 274 |
|---|
| 408 | + | sprinkler systems for one -family dwellings, two -family 275 |
|---|
| 421 | | - | and holding a current certificate as a Contractor I, Contractor 276 |
|---|
| 422 | | - | II, or Contractor IV as defined in s. 633.102. 277 |
|---|
| 423 | | - | Section 5. For the purpose of incorporating the amendment 278 |
|---|
| 424 | | - | made by this act to section 633.102, Florida Statutes, in a 279 |
|---|
| 425 | | - | reference thereto, pa ragraph (a) of subsection (2) of section 280 |
|---|
| 426 | | - | 633.318, Florida Statutes, is reenacted to read: 281 |
|---|
| 427 | | - | 633.318 Certificate application and issuance; permit 282 |
|---|
| 428 | | - | issuance; examination and investigation of applicant. — 283 |
|---|
| 429 | | - | (2)(a) Examinations shall be administered by the divis ion 284 |
|---|
| 430 | | - | and held at times and places within the state as the division 285 |
|---|
| 431 | | - | determines, but there shall be at least two examinations a year. 286 |
|---|
| 432 | | - | Each applicant shall take and pass an objective, written 287 |
|---|
| 433 | | - | examination of her or his fitness for a certificate in the class 288 |
|---|
| 434 | | - | for which the application is requested. There shall be a type of 289 |
|---|
| 435 | | - | examination for each class of certificate for contractors as 290 |
|---|
| 436 | | - | defined in s. 633.102. The examination must test the applicant's 291 |
|---|
| 437 | | - | ability to lay out, fabricate, install, alter, repair, and 292 |
|---|
| 438 | | - | inspect fire protection systems and their appurtenances and must 293 |
|---|
| 439 | | - | test the applicant's fitness in business and financial 294 |
|---|
| 440 | | - | management. The test must be based on applicable standards of 295 |
|---|
| 441 | | - | the National Fire Protection Association and on relevant Florida 296 |
|---|
| 442 | | - | and federal laws pertaining to the construction industry, safety 297 |
|---|
| 443 | | - | standards, administrative procedures, and pertinent technical 298 |
|---|
| 444 | | - | data. 299 |
|---|
| 445 | | - | Section 6. This act shall take effect July 1, 2025. 300 |
|---|
| 421 | + | dwellings, and mobile homes without having been duly certified 276 |
|---|
| 422 | + | and holding a current certificate as a Contractor I, Contractor 277 |
|---|
| 423 | + | II, or Contractor IV as defined in s. 633.102. 278 |
|---|
| 424 | + | Section 5. For the purpose of incorporating the amendment 279 |
|---|
| 425 | + | made by this act to section 633.102, Florida Statutes, i n a 280 |
|---|
| 426 | + | reference thereto, paragraph (a) of subsection (2) of section 281 |
|---|
| 427 | + | 633.318, Florida Statutes, is reenacted to read: 282 |
|---|
| 428 | + | 633.318 Certificate application and issuance; permit 283 |
|---|
| 429 | + | issuance; examination and investigation of applicant. — 284 |
|---|
| 430 | + | (2)(a) Examinations shall be administered by the division 285 |
|---|
| 431 | + | and held at times and places within the state as the division 286 |
|---|
| 432 | + | determines, but there shall be at least two examinations a year. 287 |
|---|
| 433 | + | Each applicant shall take and pass an objective, written 288 |
|---|
| 434 | + | examination of her or his fitness for a cer tificate in the class 289 |
|---|
| 435 | + | for which the application is requested. There shall be a type of 290 |
|---|
| 436 | + | examination for each class of certificate for contractors as 291 |
|---|
| 437 | + | defined in s. 633.102. The examination must test the applicant's 292 |
|---|
| 438 | + | ability to lay out, fabricate, install, alt er, repair, and 293 |
|---|
| 439 | + | inspect fire protection systems and their appurtenances and must 294 |
|---|
| 440 | + | test the applicant's fitness in business and financial 295 |
|---|
| 441 | + | management. The test must be based on applicable standards of 296 |
|---|
| 442 | + | the National Fire Protection Association and on relevant F lorida 297 |
|---|
| 443 | + | and federal laws pertaining to the construction industry, safety 298 |
|---|
| 444 | + | standards, administrative procedures, and pertinent technical 299 |
|---|
| 445 | + | data. 300 |
|---|
| 446 | + | |
|---|
| 447 | + | HB 869 2025 |
|---|
| 448 | + | |
|---|
| 449 | + | |
|---|
| 450 | + | |
|---|
| 451 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 452 | + | hb869-00 |
|---|
| 453 | + | Page 13 of 13 |
|---|
| 454 | + | 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 |
|---|
| 455 | + | |
|---|
| 456 | + | |
|---|
| 457 | + | |
|---|
| 458 | + | Section 6. This act shall take effect July 1, 2025. 301 |
|---|