Bill Text: FL S0570 | 2025 | Regular Session | Introduced
Bill Title: Swimming Pool and Spa Contractors
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-10 - Filed [S0570 Detail]
Download: Florida-2025-S0570-Introduced.html
Florida Senate - 2025 SB 570
By Senator Gruters
22-00574B-25 2025570__
1 A bill to be entitled
2 An act relating to swimming pool and spa contractors;
3 amending s. 489.105, F.S.; revising definitions for
4 purposes of part I of ch. 489, F.S.; reenacting ss.
5 489.107(4)(b), 489.113(2), 489.117(1)(a), (2)(a) and
6 (b), and (4)(a), (d), and (e), 489.118(1), 489.131(10)
7 and (11), 489.141(2), 514.0315(3), and 514.075, F.S.,
8 relating to the Construction Industry Licensing Board,
9 qualifications for and restrictions on the practice of
10 contracting, registration requirements for specialty
11 contractors, certification of registered contractors,
12 applicability, conditions and eligibility for recovery
13 from the recovery fund, required safety features for
14 public swimming pools and spas, and public pool
15 service technician certification, respectively, to
16 incorporate the amendment made to s. 489.105, 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. Paragraphs (j), (k), and (l) of subsection (3)
22 of section 489.105, Florida Statutes, are amended to read:
23 489.105 Definitions.—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 (j) “Commercial pool/spa contractor” means a contractor
42 whose scope of work includes involves, but is not limited to,
43 all phases of the construction, repair, renovation, remodel,
44 deconstruction, and servicing of a any swimming pool, or hot
45 tub, or spa, splash pad or other interactive water feature,
46 decorative water feature, public bathing place, or swimming pool
47 or spa appurtenance, whether public, private, or otherwise,
48 regardless of use.
49 1. The scope of such work includes, but is not limited to,
50 all of the following:
51 a. The scope of work of a swimming pool/spa servicing
52 contractor.
53 b. The connection, replacement, disconnection, or
54 reconnection of power wiring on the load side of the dedicated
55 existing electrical circuit disconnect means for swimming pool,
56 spa, hot tub, or interactive water feature equipment.
57 c. The installation of equipotential bonding; swimming
58 pool, spa, or hot tub lighting; light transformers; light
59 conduit; and any cleaning or sanitizing equipment that requires
60 at least partial disassembling.
61 d. The construction of uninhabitable equipment rooms or
62 housing for swimming pool, spa, hot tub, or interactive water
63 feature equipment for the protection of the equipment from
64 outside elements or preventing unauthorized access.
65 e. The excavation and earthmoving required for the
66 installation of swimming pools, spas, hot tubs, or interactive
67 water features and the operation of construction pumps for
68 dewatering purposes for swimming pool, spa, hot tub, or
69 interactive water feature excavation sites and draining swimming
70 pools, spas, hot tubs, or interactive water features.
71 f. The installation of rebar or similar support materials
72 for swimming pool, spa, hot tub, or interactive water feature
73 structures, and the shaping and shooting of gunite dry mix and
74 wet mix, concrete, or similar product mix used in the
75 construction of swimming pools, spas, hot tubs, or interactive
76 water features.
77 g. The installation of fiberglass swimming pool, spa, or
78 hot tub shells and vinyl swimming pool, spa, or hot tub liners.
79 h. The application and removal of all interior swimming
80 pool, spa, hot tub, or interactive water feature finishes.
81 i. The construction, maintenance, or remodel of decorative
82 or interactive water features, displays, or areas that use
83 recirculated water, including fountains, waterfalls, and spray
84 nozzles.
85 j. The installation of all swimming pool, spa, hot tub, or
86 interactive water feature piping, including, but not limited to,
87 drain piping, perimeter piping, and circulation or filter piping
88 used in the construction of swimming pools, spas, hot tubs, or
89 decorative or interactive water feature displays or areas.
90 k. The construction and installation of retaining walls,
91 concrete flatwork, pavers and bricks, and footings for the
92 construction of a swimming pool, spa, hot tub, or interactive
93 water feature, whether newly constructed or additions to or
94 remodels of existing swimming pools, spas, hot tubs, or
95 interactive water features The installation, repair, or
96 replacement of existing equipment, any cleaning or equipment
97 sanitizing that requires at least a partial disassembling,
98 excluding filter changes, and the installation of new pool/spa
99 equipment, interior finishes, the installation of package pool
100 heaters, the installation of all perimeter piping and filter
101 piping, and the construction of equipment rooms or housing for
102 pool/spa equipment, and also includes the scope of work of a
103 swimming pool/spa servicing contractor.
104 2. The scope of such work does not include direct
105 connections to a sanitary sewer system or to potable water
106 lines, the installation or upgrade of dedicated electrical
107 disconnect or electrical circuits, or any work inside a main
108 electrical panel. The installation, construction, modification,
109 or replacement of equipment permanently attached to and
110 associated with the pool or spa for the purpose of water
111 treatment or cleaning of the pool or spa requires licensure;
112 however,
113 3. The use usage of swimming pool, spa, hot tub, or
114 interactive water feature such equipment for the purposes of
115 water treatment or cleaning does not require licensure unless
116 such use the usage involves installation construction,
117 modification, or replacement of such equipment. Water treatment
118 that does not require such equipment; filter media changes; or
119 the cleaning of a swimming pool, spa, hot tub, or interactive
120 water feature, or its associated equipment, which does not
121 affect the structural integrity of the swimming pool, spa, hot
122 tub, or interactive water feature, does not require a license.
123 In addition, a license is not required for the cleaning of the
124 pool or spa in a way that does not affect the structural
125 integrity of the pool or spa or its associated equipment.
126 (k) “Residential pool/spa contractor” means a contractor
127 whose scope of work is the same as a commercial pool/spa
128 contractor under paragraph (j), except a residential pool/spa
129 contractor may not construct any new commercial swimming pool,
130 spa, hot tub, or public bathing place means a contractor whose
131 scope of work involves, but is not limited to, the construction,
132 repair, and servicing of a residential swimming pool, or hot tub
133 or spa, regardless of use. The scope of work includes the
134 installation, repair, or replacement of existing equipment, any
135 cleaning or equipment sanitizing that requires at least a
136 partial disassembling, excluding filter changes, and the
137 installation of new pool/spa equipment, interior finishes, the
138 installation of package pool heaters, the installation of all
139 perimeter piping and filter piping, and the construction of
140 equipment rooms or housing for pool/spa equipment, and also
141 includes the scope of work of a swimming pool/spa servicing
142 contractor. The scope of such work does not include direct
143 connections to a sanitary sewer system or to potable water
144 lines. The installation, construction, modification, or
145 replacement of equipment permanently attached to and associated
146 with the pool or spa for the purpose of water treatment or
147 cleaning of the pool or spa requires licensure; however, the
148 usage of such equipment for the purposes of water treatment or
149 cleaning does not require licensure unless the usage involves
150 construction, modification, or replacement of such equipment.
151 Water treatment that does not require such equipment does not
152 require a license. In addition, a license is not required for
153 the cleaning of the pool or spa in a way that does not affect
154 the structural integrity of the pool or spa or its associated
155 equipment.
156 (l) “Swimming pool/spa servicing contractor” means a
157 contractor whose scope of work includes involves, but is not
158 limited to, all aspects of the repair, renovation, remodeling,
159 or and servicing of a swimming pool, or hot tub, or spa, splash
160 pad or other interactive water feature, decorative water
161 feature, public bathing place, or swimming pool or spa
162 appurtenance, whether public or private, or otherwise,
163 regardless of use.
164 1. The scope of work includes, but is not limited to, all
165 of the following:
166 a. The installation, repair, or replacement of all swimming
167 pool, spa, hot tub, or interactive water feature equipment,
168 including, but not limited to, pool pumps; filters; feeders;
169 controllers; and swimming pool, spa, or hot tub heaters, whether
170 electric, gas, or solar.
171 b. The connection, replacement, disconnection, or
172 reconnection of power wiring on the load side of the dedicated
173 existing electrical circuit disconnect means for swimming pool,
174 spa, hot tub, or interactive water feature equipment.
175 c. The repair or replacement of equipotential bonding;
176 swimming pool, spa, or hot tub lighting; light transformers;
177 light conduit; and any cleaning or sanitizing equipment that
178 requires at least partial disassembling.
179 d. The repair of uninhabitable equipment rooms or housing
180 for swimming pool, spa, hot tub, or interactive water feature
181 equipment.
182 e. The repair or replacement of all perimeter piping and
183 filter piping.
184 f. The substantial or complete draining of a swimming pool,
185 spa, or hot tub for repair or renovation and the operation of
186 construction pumps for dewatering purposes for drained swimming
187 pools, spas, hot tubs, or interactive water features.
188 g. The removal and reapplication of all interior swimming
189 pool, spa, hot tub, or interactive water feature finishes.
190 h. The installation, repair, or replacement of all tile and
191 coping for a swimming pool, spa, hot tub, or interactive water
192 feature the repair or replacement of existing equipment, any
193 cleaning or equipment sanitizing that requires at least a
194 partial disassembling, excluding filter changes, and the
195 installation of new pool/spa equipment, interior refinishing,
196 the reinstallation or addition of pool heaters, the repair or
197 replacement of all perimeter piping and filter piping, the
198 repair of equipment rooms or housing for pool/spa equipment, and
199 the substantial or complete draining of a swimming pool, or hot
200 tub or spa, for the purpose of repair or renovation.
201 2. The scope of the such work does not include direct
202 connections to a sanitary sewer system or to potable water
203 lines, the installation or upgrade of dedicated electrical
204 disconnect or electrical circuits, or any work inside a main
205 electrical panel. The installation, construction, modification,
206 substantial or complete disassembly, or replacement of equipment
207 permanently attached to and associated with the pool or spa for
208 the purpose of water treatment or cleaning of the pool or spa
209 requires licensure; however,
210 3. The use usage of swimming pool, spa, hot tub, or
211 interactive water feature such equipment for the purposes of
212 water treatment or cleaning does not require licensure unless
213 such use the usage involves installation construction,
214 modification, substantial or complete disassembly, or
215 replacement of such equipment. Water treatment that does not
216 require such equipment; filter media changes; or the cleaning of
217 a swimming pool, spa, hot tub, or interactive water feature, or
218 its associated equipment, which does not affect the structural
219 integrity of the swimming pool, spa, hot tub, or interactive
220 water feature does not require a license. In addition, a license
221 is not required for the cleaning of the pool or spa in a way
222 that does not affect the structural integrity of the pool or spa
223 or its associated equipment.
224 Section 2. For the purpose of incorporating the amendment
225 made by this act to section 489.105, Florida Statutes, in a
226 reference thereto, paragraph (b) of subsection (4) of section
227 489.107, Florida Statutes, is reenacted to read:
228 489.107 Construction Industry Licensing Board.—
229 (4) The board shall be divided into two divisions, Division
230 I and Division II.
231 (b) Division II is comprised of the roofing contractor,
232 sheet metal contractor, air-conditioning contractor, mechanical
233 contractor, pool contractor, plumbing contractor, and
234 underground utility and excavation contractor members of the
235 board; one of the members appointed pursuant to paragraph
236 (2)(j); and one of the members appointed pursuant to paragraph
237 (2)(k). Division II has jurisdiction over the regulation of
238 contractors defined in s. 489.105(3)(d)-(p).
239 Section 3. For the purpose of incorporating the amendment
240 made by this act to section 489.105, Florida Statutes, in a
241 reference thereto, subsection (2) of section 489.113, Florida
242 Statutes, is reenacted to read:
243 489.113 Qualifications for practice; restrictions.—
244 (2) A person must be certified or registered in order to
245 engage in the business of contracting in this state. However,
246 for purposes of complying with the provisions of this chapter, a
247 subcontractor who is not certified or registered may perform
248 construction work under the supervision of a person who is
249 certified or registered, provided that the work is within the
250 scope of the supervising contractor’s license, the supervising
251 contractor is responsible for the work, and the subcontractor
252 being supervised is not engaged in construction work that would
253 require a license as a contractor under any of the categories
254 listed in s. 489.105(3)(d)-(o). This subsection does not affect
255 the application of any local construction licensing ordinances.
256 To enforce this subsection:
257 (a) The department shall issue a cease and desist order to
258 prohibit any person from engaging in the business of contracting
259 who does not hold the required certification or registration for
260 the work being performed under this part. For the purpose of
261 enforcing a cease and desist order, the department may file a
262 proceeding in the name of the state seeking issuance of an
263 injunction or a writ of mandamus against any person who violates
264 any provision of such order.
265 (b) A county, municipality, or local licensing board
266 created by special act may issue a cease and desist order to
267 prohibit any person from engaging in the business of contracting
268 who does not hold the required certification or registration for
269 the work being performed under this part.
270 Section 4. For the purpose of incorporating the amendment
271 made by this act to section 489.105, Florida Statutes, in
272 references thereto, paragraph (a) of subsection (1), paragraphs
273 (a) and (b) of subsection (2), and paragraphs (a), (d), and (e)
274 of subsection (4) of section 489.117, Florida Statutes, are
275 reenacted to read:
276 489.117 Registration; specialty contractors.—
277 (1)(a) A person engaged in the business of a contractor as
278 defined in s. 489.105(3)(a)-(o) must be registered before
279 engaging in business as a contractor in this state, unless he or
280 she is certified. Except as provided in paragraph (2)(b), to be
281 initially registered, the applicant must submit the required fee
282 and file evidence of successful compliance with the local
283 examination and licensing requirements, if any, in the area for
284 which registration is desired. An examination is not required
285 for registration.
286 (2)(a) Except as provided in paragraph (b), the board may
287 not issue a new registration after July 1, 1993, based on any
288 certificate of competency or license for a category of
289 contractor defined in s. 489.105(3)(a)-(o) which is issued by a
290 municipal or county government that does not exercise
291 disciplinary control and oversight over such locally licensed
292 contractors, including forwarding a recommended order in each
293 action to the board as provided in s. 489.131(7). For purposes
294 of this subsection and s. 489.131(10), the board shall determine
295 the adequacy of such disciplinary control by reviewing the local
296 government’s ability to process and investigate complaints and
297 to take disciplinary action against locally licensed
298 contractors.
299 (b) The board shall issue a registration to an eligible
300 applicant to engage in the business of a contractor in a
301 specified local jurisdiction, provided each of the following
302 conditions are satisfied:
303 1. The applicant held, in any local jurisdiction in this
304 state during 2021, 2022, or 2023, a certificate of registration
305 issued by the state or a local license issued by a local
306 jurisdiction to perform work in a category of contractor defined
307 in s. 489.105(3)(a)-(o).
308 2. The applicant submits all of the following to the board:
309 a. Evidence of the certificate of registration or local
310 license held by the applicant as required by subparagraph 1.
311 b. Evidence that the specified local jurisdiction does not
312 have a license type available for the category of work for which
313 the applicant was issued a certificate of registration or local
314 license during 2021, 2022, or 2023, such as a notification on
315 the website of the local jurisdiction or an e-mail or letter
316 from the office of the local building official or local building
317 department stating that such license type is not available in
318 that local jurisdiction.
319 c. Evidence that the applicant has submitted the required
320 fee.
321 d. Evidence of compliance with the insurance and financial
322 responsibility requirements of s. 489.115(5).
323
324 An examination is not required for an applicant seeking a
325 registration under this paragraph.
326 (4)(a)1. A person whose job scope does not substantially
327 correspond to either the job scope of one of the contractor
328 categories defined in s. 489.105(3)(a)-(o), or the job scope of
329 one of the certified specialty contractor categories established
330 by board rule, is not required to register with the board. A
331 local government, as defined in s. 163.211, may not require a
332 person to obtain a license, issued by the local government or
333 the state, for a job scope which does not substantially
334 correspond to the job scope of one of the contractor categories
335 defined in s. 489.105(3)(a)-(o) and (q) or authorized in s.
336 489.1455(1), or the job scope of one of the certified specialty
337 contractor categories established pursuant to s. 489.113(6). A
338 local government may not require a state or local license to
339 obtain a permit for such job scopes. For purposes of this
340 section, job scopes for which a local government may not require
341 a license include, but are not limited to, painting; flooring;
342 cabinetry; interior remodeling when the scope of the project
343 does not include a task for which a state license is required;
344 driveway or tennis court installation; handyman services;
345 decorative stone, tile, marble, granite, or terrazzo
346 installation; plastering; pressure washing; stuccoing; caulking;
347 and canvas awning and ornamental iron installation.
348 2. A county that includes an area designated as an area of
349 critical state concern under s. 380.05 may offer a license for
350 any job scope which requires a contractor license under this
351 part if the county imposed such a licensing requirement before
352 January 1, 2021.
353 3. A local government may continue to offer a license for
354 veneer, including aluminum or vinyl gutters, siding, soffit, or
355 fascia; rooftop painting, coating, and cleaning above three
356 stories in height; or fence installation and erection if the
357 local government imposed such a licensing requirement before
358 January 1, 2021.
359 4. A local government may not require a license as a
360 prerequisite to submit a bid for public works projects if the
361 work to be performed does not require a license under general
362 law.
363 (d) Any person who is not required to obtain registration
364 or certification pursuant to s. 489.105(3)(d)-(o) may perform
365 contracting services for the construction, remodeling, repair,
366 or improvement of single-family residences, including a
367 townhouse as defined in the Florida Building Code, without
368 obtaining a local license if such person is under the
369 supervision of a certified or registered general, building, or
370 residential contractor. As used in this paragraph, supervision
371 shall not be deemed to require the existence of a direct
372 contract between the certified or registered general, building,
373 or residential contractor and the person performing specialty
374 contracting services.
375 (e) Any person who is not certified or registered may
376 perform the work of a specialty contractor whose scope of
377 practice is limited to the type of work specified under s.
378 489.105(3)(j), (k), or (l) for the construction, remodeling,
379 repair, or improvement of commercial or residential swimming
380 pools, interactive water features as defined in the Florida
381 Building Code, hot tubs, and spas without obtaining a local
382 license or certification as a specialty contractor if he or she
383 is supervised by a contractor who is certified or registered
384 under s. 489.105(3)(j), (k), or (l); the work is within the
385 scope of the supervising contractor’s license; the supervising
386 contractor is responsible for the work; and the work does not
387 require certification or registration under s. 489.105(3)(d)
388 (i), (m)-(o), or s. 489.505. Such supervision does not require a
389 direct contract between the contractor certified or registered
390 under s. 489.105(3)(j), (k), or (l) and the person performing
391 the work, or for the person performing the work to be an
392 employee of the contractor certified or registered under s.
393 489.105(3)(j), (k), or (l). This paragraph does not limit the
394 exemptions provided in s. 489.103 and may not be construed to
395 expand the scope of a contractor certified or registered under
396 s. 489.105(3)(j), (k), or (l) to provide plumbing or electrical
397 services for which certification or registration is required by
398 this part or part II.
399 Section 5. For the purpose of incorporating the amendment
400 made by this act to section 489.105, Florida Statutes, in a
401 reference thereto, subsection (1) of section 489.118, Florida
402 Statutes, is reenacted to read:
403 489.118 Certification of registered contractors;
404 grandfathering provisions.—The board shall, upon receipt of a
405 completed application and appropriate fee, issue a certificate
406 in the appropriate category to any contractor registered under
407 this part who makes application to the board and can show that
408 he or she meets each of the following requirements:
409 (1) Currently holds a valid registered local license in one
410 of the contractor categories defined in s. 489.105(3)(a)-(p).
411 Section 6. For the purpose of incorporating the amendment
412 made by this act to section 489.105, Florida Statutes, in
413 references thereto, subsections (10) and (11) of section
414 489.131, Florida Statutes, are reenacted to read:
415 489.131 Applicability.—
416 (10) No municipal or county government may issue any
417 certificate of competency or license for any contractor defined
418 in s. 489.105(3)(a)-(o) after July 1, 1993, unless such local
419 government exercises disciplinary control and oversight over
420 such locally licensed contractors, including forwarding a
421 recommended order in each action to the board as provided in
422 subsection (7). Each local board that licenses and disciplines
423 contractors must have at least two consumer representatives on
424 that board. If the board has seven or more members, at least
425 three of those members must be consumer representatives. The
426 consumer representative may be any resident of the local
427 jurisdiction who is not, and has never been, a member or
428 practitioner of a profession regulated by the board or a member
429 of any closely related profession.
430 (11) Any municipal or county government which enters or has
431 in place a reciprocal agreement which accepts a certificate of
432 competency or license issued by another municipal or county
433 government in lieu of its own certificate of competency or
434 license allowing contractors defined in s. 489.105(3)(a)-(o),
435 shall file a certified copy of such agreement with the board not
436 later than 60 days after July 1, 1993, or 30 days after the
437 effective date of such agreement.
438 Section 7. For the purpose of incorporating the amendment
439 made by this act to section 489.105, Florida Statutes, in a
440 reference thereto, subsection (2) of section 489.141, Florida
441 Statutes, is reenacted to read:
442 489.141 Conditions for recovery; eligibility.—
443 (2) A claimant is not qualified to make a claim for
444 recovery from the recovery fund if:
445 (a) The claimant is the spouse of the judgment debtor or
446 licensee or a personal representative of such spouse;
447 (b) The claimant is a licensee who acted as the contractor
448 in the transaction that is the subject of the claim;
449 (c) The claim is based upon a construction contract in
450 which the licensee was acting with respect to the property owned
451 or controlled by the licensee;
452 (d) The claim is based upon a construction contract in
453 which the contractor did not hold a valid and current license at
454 the time of the construction contract;
455 (e) The claimant was associated in a business relationship
456 with the licensee other than the contract at issue; or
457 (f) The claimant had entered into a contract with a
458 licensee to perform a scope of work described in s.
459 489.105(3)(d)-(q) before July 1, 2016.
460 Section 8. For the purpose of incorporating the amendment
461 made by this act to section 489.105, Florida Statutes, in a
462 reference thereto, subsection (3) of section 514.0315, Florida
463 Statutes, is reenacted to read:
464 514.0315 Required safety features for public swimming pools
465 and spas.—
466 (3) The determination and selection of a feature under
467 subsection (2) for a public swimming pool or spa constructed
468 before January 1, 1993, is at the sole discretion of the owner
469 or operator of the public swimming pool or spa. A licensed
470 contractor described in s. 489.105(3)(j), (k), or (l) must
471 install the feature.
472 Section 9. For the purpose of incorporating the amendment
473 made by this act to section 489.105, Florida Statutes, in a
474 reference thereto, section 514.075, Florida Statutes, is
475 reenacted to read:
476 514.075 Public pool service technician; certification.—The
477 department may require that a public pool, as defined in s.
478 514.011, be serviced by a person certified as a pool service
479 technician. To be certified, an individual must demonstrate
480 knowledge of public pools which includes, but is not limited to:
481 pool cleaning; general pool maintenance; source of the water
482 supply; bacteriological, chemical, and physical quality of
483 water; and water purification, testing, treatment, and
484 disinfection procedures. The department may, by rule, establish
485 the requirement for the certification course and course
486 approval. The department shall deem certified any individual who
487 is certified by a course of national recognition or any person
488 licensed under s. 489.105(3)(j), (k), or (l). This requirement
489 does not apply to a person, or the direct employee of a person,
490 permitted as a public pool operator under s. 514.031.
491 Section 10. This act shall take effect July 1, 2025.
