Florida Legislative Session 2023 Wrap-Up

2023
Florida Legislative Session

Wrap Up

By Dallas
Thiesen, FSPA Sr. Dir. of Government Affairs

The 2023 Florida Legislative Session Legislative wrapped up
on May 5, 2023. During this session, FSPA maintained an active and influential
presence in the Florida Capitol. FSPA was involved in several legislative
negotiations, gaining adoption of FSPA supported amendments and further
building FSPA’s relationships with key policy makers in Tallahassee.

This year, a total of 1,828 bills were filed, of which 185
were passed by the legislature. So far, Governor DeSantis has signed 73 bills into
law, leaving 112 bills remaining for approval or veto by the Governor.

Several bills that will positively affect the Florida
swimming pool and spa industry passed this session:

SB 360 by the Senate Judiciary Committee has been passed and
approved by Governor DeSantis. SB 360 is a tort reform bill aimed at limiting
construction defects claims by reducing the statute of limitations for latent
defects claims from 10 years after the issuance of certificate of completion to
7 years after the issuance of the certificate of completion. The new statute of
limitations rules for latent construction defects goes into effect on July 1,
2023.

HB 89 by Representative Maggard was passed by the
legislature and is waiting for approval by the Governor. HB 89 restricts the
ability of building officials and fire marshals to make changes to building
plans once a permit has been issued unless the official can show that the
change is needed to comply with a requirement of the Florida Building Code.

HB 1383 by Rep. Trabulsy was passed by the legislature and
is waiting for approval by the Governor. HB 1383 extends expiration date of
local occupational licenses that will be preempted by the State of Florida
until July 1, 2024, and directs the CILB to create several specialty license
for trades traditionally regulated only by local governments. This bill does
not affect Registered Swimming Pool and Spa Contractor’s Licenses or any other
swimming pool and spa contractor’s license.

During this
legislative session FSPA tracked several bills of interest. The final
disposition of all bills that FSPA was tracking and working on is listed below.

2023 Bills Final
Disposition

Child Water
Safety Requirements – DID NOT PASS

SB 74 by Sen. Ana
Maria Rodriguez

HB 1541 by Rep.
Chambliss

Requires childcare
facilities that provide access to swimming pools or bathing places to have the
parents or guardians of children attest in writing whether the child is able to
swim or is at risk of injury or death when swimming. Requires that facilities
provide US Coast Guard Type II or III personal flotation devices for children
unable to swim or at risk of death or injury from swimming when near or
interacting with public bathing places or swimming pools. Swim schools are
exempted from these requirements.

Status:          

Water
Safety – DID NOT PASS

SB 84 by Sen. Ana
Maria Rodriguez

Requiring a state park to have a certified lifeguard on duty
at designated swimming areas within the park during certain timeframes;
requiring the Department of Environmental Protection to install a water rescue
station at each designated swimming area; requiring comprehensive
age-appropriate and developmentally appropriate 9-12 instruction on water
safety, etc.

Status:

Statute of
Limitations for Claims on Improvements to Real Property –PASSED & Approved By Governor

SB 360 by Judiciary
Committee

HB 85 by Regulatory
Reform Subcommittee

Specifies that the Statute of limitations for claims based
on improvements to real property starts at the issuance of certificate of
occupancy, certificate of completion, or date of abandonment of the project
whichever is earliest. The statute of limitations is set for four (4) years
generally but limits latent claims based on defect not immediately discoverable
at the time of completion to seven (7) years.

Status:

Residential
Building Permits – DID NOT PASS

SB 682 by Sen. Nick
DiCeglie

HB 671 by Rep.
Esposito

Requires local building departments to reduce building
permit fees by 75% if a contractor or homeowner elects to use private provider
plan review. Reduces the amount of time in which a building department must
notify a permit applicant of deficiencies in the application from 10 days to 3
days.

Building
Permit Applications to Local Governments – DID NOT PASS

HB 765 by Rep.  Roth

Revises the electronic permit application requirements to
include mobile submissions, requires building departments to notice upcoming
expiration of permits, requires local governments to list all available permits
and necessary documents for permits on their website.

Status:

Building
Construction – PASSED

SB 512 by Sen. Ed
Hooper

HB 89 by Rep. Randal
Maggard

Prohibits building officials from
making substantive changes to building plans after permit has been issued;
provides exceptions; requires building officials to provide certain information
to contractors and property owners; provides that building officials are
subject to disciplinary action for failure to meet the information requirements.

The bill originally revised the
definition of term “class A air-conditioning contractor” to include
an expanded electrical scope of work but that provision was removed before
final passage of the bill.

Status:          

Department
of Agriculture and Consumer Services – PASSED

SB 1150 by Sen.
Blaise Ingoglia

HB 1307 by Rep.
Lawrence McClure

Revises the definitions of “Category
I liquefied petroleum gas dealer” and “Category V LP gas installer” to include
the design of LP and natural gas systems. Revises penalties for theft of LP
Gas.

Status:          

Interstate-Mobility
and Universal-Recognition Occupational Licensing Act – DID
NOT PASS

SB 1364 by Sen.
Collins

SB 1366 by Sen. Collins

HB 1333 by Rep.
Koster

Requires DBPR Licensing Boards to recognize equivalent out
of state occupation licenses for Florida occupational licensing. Allows the
board to determine license equivalency via rule. With an amendment by FSPA all applicants
for a swimming pool and spa contractor license under this bill must take the
appropriate swimming pool trades exam.

Local
Occupational Licensing Act – PASSED

SB 1584 by Sen. Keith
Perry

SB 1570 by Sen. Ed
Hooper

HB 1625 by Rep.
Mooney

HB 1383 by Rep.
Trabulsy

Extends the local licensing preemption effective date to
July 1, 2024 and requires the CILB to establish certain state specialty
licenses by July 1, 2024. Will not affect swimming pool and spa contractor
licenses.

If you have any questions on these bills or other government
affairs issues, please reach out to FSPA Senior Director of Government Affairs
Dallas Thiesen at Dallas@FloridaPoolPro.com.