Florida Senate - 2025 SB 808 By Senator Yarborough 4-00949-25 2025808__ 1 A bill to be entitled 2 An act relating to underground utility and excavation 3 contractors; amending s. 489.105, F.S.; revising the 4 definition of the term underground utility and 5 excavation contractor; amending s. 633.102, F.S.; 6 revising the definition of the term Contractor V; 7 defining the term underground utility and excavation 8 contractor; reenacting s. 489.117(1)(a), (2)(a) and 9 (b), and (4)(a), (d), and (e), relating to 10 registration and specialty contractors, to incorporate 11 the amendment made to s. 489.105, F.S., in references 12 thereto; reenacting ss. 633.224(1) and 633.318(2)(a), 13 F.S., relating to automatic fire sprinkler systems and 14 fire protection system contractor certificate 15 application and examination, respectively, to 16 incorporate the amendment made to s. 633.102, F.S., in 17 references thereto; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1.Paragraph (n) of subsection (3) of section 22 489.105, Florida Statutes, is amended to read: 23 489.105Definitions.As used in this part: 24 (3)Contractor means the person who is qualified for, and 25 is only responsible for, the project contracted for and means, 26 except as exempted in this part, the person who, for 27 compensation, undertakes to, submits a bid to, or does himself 28 or herself or by others construct, repair, alter, remodel, add 29 to, demolish, subtract from, or improve any building or 30 structure, including related improvements to real estate, for 31 others or for resale to others; and whose job scope is 32 substantially similar to the job scope described in one of the 33 paragraphs of this subsection. For the purposes of regulation 34 under this part, the term demolish applies only to demolition 35 of steel tanks more than 50 feet in height; towers more than 50 36 feet in height; other structures more than 50 feet in height; 37 and all buildings or residences. Contractors are subdivided into 38 two divisions, Division I, consisting of those contractors 39 defined in paragraphs (a)-(c), and Division II, consisting of 40 those contractors defined in paragraphs (d)-(q): 41 (n)Underground utility and excavation contractor means a 42 contractor whose services are limited to the construction, 43 installation, and repair, on public or private property, whether 44 accomplished through open excavations or through other means, 45 including, but not limited to, directional drilling, auger 46 boring, jacking and boring, trenchless technologies, wet and dry 47 taps, grouting, and slip lining, of main sanitary sewer 48 collection systems, main water distribution systems, storm sewer 49 collection systems, and the continuation of utility lines from 50 the main systems to a point of termination up to and including 51 the meter location for the individual occupancy, sewer 52 collection systems at property line on residential or single 53 occupancy commercial properties, or on multioccupancy properties 54 at manhole or wye lateral extended to an invert elevation as 55 engineered to accommodate future building sewers, water 56 distribution systems, or storm sewer collection systems at storm 57 sewer structures. However, an underground utility and excavation 58 contractor may install empty underground conduits in rights-of 59 way, easements, platted rights-of-way in new site development, 60 and sleeves for parking lot crossings no smaller than 2 inches 61 in diameter if each conduit system installed is designed by a 62 licensed professional engineer or an authorized employee of a 63 municipality, county, or public utility and the installation of 64 such conduit does not include installation of any conductor 65 wiring or connection to an energized electrical system. An 66 underground utility and excavation contractor may not install 67 piping that is an integral part of a fire protection system as 68 defined in s. 633.102 only up to a beginning at the point within 69 5 feet of the building for which such system will be installed 70 or up to the fire riser inside the building and ending no more 71 than 1 foot above the finished floor where the piping is used 72 exclusively for such system. 73 Section 2.Present subsections (33), (34), and (35) of 74 section 633.102, Florida Statutes, are redesignated as 75 subsections (34), (35), and (36), respectively, a new subsection 76 (33) is added to that section, and paragraph (e) of subsection 77 (3) of that section is amended, to read: 78 633.102Definitions.As used in this chapter, the term: 79 (3) 80 (e)Contractor V means a contractor whose business is 81 limited to the execution of contracts requiring the ability to 82 fabricate, install, alter, repair, and service the underground 83 piping for a fire protection system using water as the 84 extinguishing agent beginning at the point of service as defined 85 in this act and ending no more than 1 foot above the finished 86 floor. A Contractor V may inspect underground piping for a 87 water-based fire protection system under the direction of a 88 Contractor I or Contractor II. A Contractor V is also a licensed 89 underground utility and excavation contractor, as defined in s. 90 489.105(3)(n), who may fabricate, install, alter, repair, and 91 service the underground piping for a fire protection system 92 using water as the extinguishing agent up to a point within 5 93 feet of the building for which the fire protection system will 94 be installed or up to the fire riser inside the building and 95 ending no more than 1 foot above the finished floor. 96 97 This subsection may not be construed to include engineers or 98 architects within the defined terms and does not limit or 99 prohibit a licensed fire protection engineer or architect with 100 fire protection design experience from designing any type of 101 fire protection system. A distinction is made between system 102 design concepts prepared by the design professional and system 103 layout as defined in this section and typically prepared by the 104 contractor. However, a person certified under this chapter as a 105 Contractor I or Contractor II may design new fire protection 106 systems of 49 or fewer sprinklers; may design the alteration of 107 an existing fire sprinkler system if the alteration consists of 108 the relocation, addition, or deletion of 49 or fewer sprinklers, 109 notwithstanding the size of the existing fire sprinkler system; 110 and may design the alteration of an existing fire sprinkler 111 system if the alteration consists of the relocation or deletion 112 of 249 or fewer sprinklers and the addition of up to 49 113 sprinklers, as long as the cumulative total number of fire 114 sprinklers being added, relocated, or deleted does not exceed 115 249, notwithstanding the size of the existing fire sprinkler 116 system, if there is no change of occupancy of the affected 117 areas, as defined in the Florida Building Code and the Florida 118 Fire Prevention Code, and there is no change in the water demand 119 as defined in NFPA 13, Standard for the Installation of 120 Sprinkler Systems, and if the occupancy hazard classification 121 as defined in NFPA 13 is reduced or remains the same as a result 122 of the alteration. Conflicts between the Florida Building Code 123 and the Florida Fire Prevention Code shall be resolved pursuant 124 to s. 553.73(1)(d). A person certified as a Contractor I, 125 Contractor II, or Contractor IV may design a new fire protection 126 system or design the alteration of an existing fire protection 127 system, the scope of which complies with NFPA 13D, Standard for 128 the Installation of Sprinkler Systems in One- and Two-Family 129 Dwellings and Manufactured Homes, as adopted by the State Fire 130 Marshal, notwithstanding the number of fire sprinklers. 131 Contractor-developed plans may not be required by any local 132 permitting authority to be sealed by a registered professional 133 engineer. 134 (33)Underground utility and excavation contractor means 135 an individual who holds a current and valid license as described 136 under s. 489.105(3)(n). 137 Section 3.For the purpose of incorporating the amendment 138 made by this act to section 489.105, Florida Statutes, in 139 references thereto, paragraph (a) of subsection (1), paragraphs 140 (a) and (b) of subsection (2), and paragraphs (a), (d), and (e) 141 of subsection (4) of section 489.117, Florida Statutes, are 142 reenacted to read: 143 489.117Registration; specialty contractors. 144 (1)(a)A person engaged in the business of a contractor as 145 defined in s. 489.105(3)(a)-(o) must be registered before 146 engaging in business as a contractor in this state, unless he or 147 she is certified. Except as provided in paragraph (2)(b), to be 148 initially registered, the applicant must submit the required fee 149 and file evidence of successful compliance with the local 150 examination and licensing requirements, if any, in the area for 151 which registration is desired. An examination is not required 152 for registration. 153 (2)(a)Except as provided in paragraph (b), the board may 154 not issue a new registration after July 1, 1993, based on any 155 certificate of competency or license for a category of 156 contractor defined in s. 489.105(3)(a)-(o) which is issued by a 157 municipal or county government that does not exercise 158 disciplinary control and oversight over such locally licensed 159 contractors, including forwarding a recommended order in each 160 action to the board as provided in s. 489.131(7). For purposes 161 of this subsection and s. 489.131(10), the board shall determine 162 the adequacy of such disciplinary control by reviewing the local 163 governments ability to process and investigate complaints and 164 to take disciplinary action against locally licensed 165 contractors. 166 (b)The board shall issue a registration to an eligible 167 applicant to engage in the business of a contractor in a 168 specified local jurisdiction, provided each of the following 169 conditions are satisfied: 170 1.The applicant held, in any local jurisdiction in this 171 state during 2021, 2022, or 2023, a certificate of registration 172 issued by the state or a local license issued by a local 173 jurisdiction to perform work in a category of contractor defined 174 in s. 489.105(3)(a)-(o). 175 2.The applicant submits all of the following to the 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 building 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. 489.115(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 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 certified 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 require 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 aluminum 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 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 under 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 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 contractors license; the supervising 253 contractor is responsible 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: 270 633.224Automatic 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 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, in a 280 reference thereto, paragraph (a) of subsection (2) of section 281 633.318, Florida Statutes, is reenacted to read: 282 633.318Certificate 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 certificate 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 applicants 292 ability to lay out, fabricate, install, alter, repair, and 293 inspect fire protection systems and their appurtenances and must 294 test the applicants 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 Florida 297 and federal laws pertaining to the construction industry, safety 298 standards, administrative procedures, and pertinent technical 299 data. 300 Section 6.This act shall take effect July 1, 2025.