By DALLAS THIESEN
The 2024 Florida Legislative Session kicked off on January 9, 2024, and will run for 60 consecutive days ending on March 8, 2024.
The 2024 Legislature Session is well underway, and bills are beginning to move. FSPA is pushing forward hard with SB 922 and HB 525, which will clarify the scopes of work for swimming pool and spa contractors in Florida. SB 922 and HB 525 are long overdue updates to the swimming pool and spa contractor scopes of work that will bring much needed clarification without adding or removing any existing elements.
FSPA is also engaging with several bills that will update the limitations of Florida’s Homeowner Construction Recovery fund. The fund was put in place 31 years ago to be a last resort for Florida homeowners who have been financially damaged by contractors. A small portion of every building permit fee in the State of Florida pays in to the fund and Florida homeowners can apply to be compensated from the fund when they cannot be fully compensated by a contractor that caused them financial damage. Recovery from the fund is currently capped for clients of Division II contractors at $15,000 per claim and a lifetime aggregate cap of $150,000 per contractor.
There are several bills that are proposing to raise the per claim and aggregate caps, FSPA is working with bill authors to support these efforts.
If you have any questions about any bills, please contact FSPA Sr. Director of Government Affairs Dallas Thiesen at Dallas@FloridaPoolPro.com.
View the full Week 3-4 update on YouTube.
FSPA Bills
SB 922 / HB 525 Swimming Pool Contractor Scope of Work
SB 922 by Sen. Perry / HB 525 by Rep. Smith
SUMMARY: Makes clarifying revisions to the swimming pool and spa contractor scope of work definitions found in F.S. Sec. 489.105(3)(j),(k),(l), codifies swimming pool and spa contractor’s electrical scope of work. Increases the construction recovery fund cap for swimming pool contractors to $50,000 per claim and $500,000 life-time cap.
STATUS:
SB 922: Introduced
HB 525: Regulatory Reform & Economic Development Subcommittee
Construction Industry Bills
SB 1778 / HB 1563 Escrow Accounts for Improvements to Real Property
SB 1778 by Sen. Collins / HB 1563 by Rep. Grant
SUMMARY: Requires contractors and qualified companies to place payments received from clients of $10,000 or greater for payment of subcontractors and purchase of materials into an escrow account. The contractor may bill against the client funds and withdraw the client funds as necessary. This requirement may be waived by the client via contract.
STATUS:
SB 1778: Introduced
HB 1563: Passed Regulatory Reform & Economic Development Subcommittee 1/24/2024
SB 382 / HB 497 Continuing Education Requirements
SB 382 by Sen. Hopper / HB 497 by Rep. Melo
SUMMARY: Requires State of Florida licensing boards to approve distance learning for continuing education. Requires State of Florida licensing boards to exempt individuals from continuing education requirements when the license holder has held the license in good standing for 10 years. The continuing education does not apply to contractors, engineers, architects, accountants, interior designers, or medical professions.
STATUS:
SB 382: Rules Committee
HB 497: 1st Reading (Original Filed Version)
SB 1544 / HB 1335 Department of Business & Professional Regulation
SB 1544 by Sen. Hopper / HB 1335 by Rep. Maggard
SUMMARY: DBPR Department bill. Raises Division II Homeowner’s Construction Recovery Fund cap to $30,000 per claim and $600,000 aggregate.
STATUS:
SB 1544: Introduced.
HB 1335: On Regulatory Reform & Economic Development Subcommittee agenda
SB 414 / HB 1217 Homeowner’s Construction Recovery Fund
SB 414 by Sen. Garcia / HB 1217 by Rep. Daniels
SUMMARY: Raises the recovery cap for Division I Contractors annually to $250,000 per claim by fiscal year 2027/2028. Raises the recovery cap for Divion II Contractors annually to $65,000 per claim by fiscal year 2027/2028. Raises the aggregate cap for Division I Contractors annually to $1,000,000 by fiscal year 2027/2028. Raises the aggregate cap for Divion II Contractors annually to $550,000 by fiscal year 2027/2028.
STATUS:
SB 414: On Regulated Industries Committee Agenda 1/29/2024 (postponed)
HB 1217: Regulatory Reform & Economic Development Subcommittee
SB 1142 / HB 1579 Occupational Licensing
SB 1142 by Sen. Hopper / HB 1335 by Rep. Mooney
SUMMARY: Requires the CILB to issue a registration as a contractor under F.S. 489.105(3)(a)-(o) for a specific county where:
- The Applicant was issued certificate or registration in any Florida County in 2021, 2022, or 2023.
- The specified County does not issue registration for the requested license.
STATUS:
SB 1142: Passed Regulated Industries Committee 1/22/2024
HB 1579: On Regulatory Reform & Economic Development Subcommittee agenda
SB 612 / HB 481 Building Construction Regulation and System Warranties
SB 612 by Sen. Hopper / HB 481 by Rep. Maggard
SUMMARY: Allows HVAC and Mechanical contractors to repair and place electrical disconnects installed within HVAC units. Prohibits HVAC manufactures from conditioning warranties upon registration of the product.
STATUS:
SB 612: Passed Community Affairs Committee 1/29/2024
HB 481: Passed Judiciary Committee 1/30/2024. On Second Reading Calendar now.
SB 1012 / HB 751 Disqualification of Licensure
SB 1012 by Sen. Calatayud / HB 751 by Rep. Hunschofsky
SUMMARY: Allows a person with a prior conviction to petition a State licensing agency or board for as to whether the person’s prior conviction for a crime would disqualify him or her from obtaining a license, permit, or certification. The decision of the agency or board is binding on the agency or board on any later ruling on the persons application for licensure, permit, or certification. Requires licensing boards to maintain public records of licensure application denials based on a prior conviction.
STATUS:
SB 1012: Passed as Amended by Regulated Industries Committee 01/23/2024
HB 751: Passed as Amended by Regulatory Reform & Economic Development Subcommittee 1/22/2024
SB 44 Public Restroom Requirements
SB 44 by Sen. Stewart
SUMMARY: Requires public restrooms built or renovated after July 1, 2024 to provide a hook that is accessible when sitting on the toilet seat in wheelchair accessible toilet compartment or a single-user toilet room.
STATUS:
SB 44: Passed Community Affairs Committee 1/16/2024
Water Safety Bills
SB 274 / HB 123 Child Water Safety Requirements
SB 274 by Sen. Rodriguez / HB 123 by Rep. Chambliss
SUMMARY: Requires childcare facilities to have parents or guardians attest in writing if their children can swim are at a particular risk when around bodies of water. Requires childcare facility to provide U.S. Coast Guard approved life jackets for children who cannot swim or are at risk around water when at a pool or other body of water when under the care of the childcare facility. Exempts swim schools from this requirement.
STATUS:
SB 274: Passed Health Policy Committee 1/30/2024
HB 123: 1st Reading (Original Filed Version)
SB 428 / HB 445 Water Safety Education
SB 448 by Sen. Rodrigues / HB 445 by Rep. Robinson
SUMMARY: Adds classroom water safety education to the K-12 education curriculum with age-appropriate instruction on the importance of formal swimming lessons, proper use of flotation devices, awareness of water conditions, the proper supervision of swimming areas, etc.
STATUS:
SB 428: Introduced
HB 445: 1st Reading (Original Filed Version)
SB 544 / HB 581 Swimming Lesson Voucher Program
SB 544 by Sen. Hutson / HB 581 by Rep. Busatta Cabrera
SUMMARY: Creates a swimming lesson voucher program via the Florida Department of Health. Requires the department to establish contractual relationships with at least one swimming pool lesson provider in each Florida County. Appropriates $500,000 for the program.
STATUS: SB 544: Passed Appropriations Committee 1/24/2024. On Fiscal Policy Committee Agenda 1/31/2024
HB 581: Passed as Amended by Healthcare Regulation Subcommittee 1/24/2024
SB 706 / HB 719 Residential Swimming Pool Requirements
SB 706 by Sen. Rodrigues / HB 719 by Rep. López
SUMMARY: Would require all homes with a swimming pool to meet the requirements of the residential swimming pool safety act when transferred or sold and require that all properties comply with the barrier requirements of the residential swimming pool safety act when transferred or sold. Takes effect on Oct. 1, 2024.
STATUS:
SB 544: Introduced
HB 581: 1st Reading (Original Filed Version)
HB 1207 Vacation Rentals with Swimming Pools
HB 1207 by Rep. López J.
SUMMARY: Would require vacation rental owners to provide information to guests on drowning prevention/Water safety, the responsibilities of using the swimming pool, provide a lifebuoy, and post depth markers on the edge of the pool. Prescribes sign language to be posted at the pool.
STATUS: HB 1207: Regulatory Reform & Economic Development Subcommittee
SB 1538 Water Safety
SB 1538 by Sen. Torres
SUMMARY: Requires Florida State Parks to provide lifeguards during holidays and historically heavy usage periods.
STATUS:
SB 1538: Introduced
