By DALLAS THIESEN
The 2024 Legislative Session is now in its penultimate week, and the end of the 2024 Legislative is in sight.
FSPA is engaging on several bills and working to protect and advance the swimming pool and spa industry. One such bill is SB 1012, which would change how prior criminal convictions are considered when someone is applying for licensure, making it very difficult for a licensing board to deny licensure based on past convictions. HB 751, the companion to SB 1012, failed to make its final committee agenda, preventing the final Senate bill language from being heard by a House committee. This is a strong signal that this proposal will not pass this year
FSPA is also engaged in discussion on the State tax bills (SB7074/HB7073). The budget bill for the 2024-2025 fiscal year includes several tax holidays again this year with proposed sales tax exemptions on swimming pool and spa retail items. FSPA’s Retail Council helped craft an amendment to the budget bill that improves the swimming pool retail tax exemptions, raising tax exempted price caps to levels consistent with the current pool retail market and expanding the list of targeted items to have the biggest impact possible. FSPA is working with the legislature to see the Retail Council’s suggestions incorporated into the final budget.
All bills that FSPA is tracking for the 2024 Legislative Session are listed below. If you have any questions about any bills, please contact Dallas Thiesen, FSPA Sr. Director of Government Affairs, at Dallas@FSPA.com.
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: Added to Second Reading Calendar
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: Added to Second Reading Calendar
HB 497: Added to Special Order Calendar
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: Added to Second Reading Calendar
HB 1335: Passed House, Sent to Senate. In Fiscal Policy Committee.
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 Division 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 Division 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: In Commerce Committee.
SB 1142 / HB 1579 Occupational Licensing
SB 1142 by Sen. Hopper / HB 1579 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: On Special Order Calendar.
HB 1579: Added to Second Reading Calendar
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 manufacturers from conditioning warranties upon registration of the product.
STATUS:
SB 612: On Second Reading Calendar.
HB 481: Passed House, sent to Senate. Referred to Senate Rules.
SB 1012 / HB 751 Disqualification of Licensure
SB 1012 by Sen. Calatayud / HB 751 by Rep. Hunschofsky
SUMMARY: Prevents licensing boards from denying licensure to an applicant for a prior arrest where there was no subsequent conviction. Requires denial of licensure based on a prior criminal conviction to meet all the following criteria:
- The Crime was forcible felony, fraudulent, or a breach of fiduciary duty where the conviction or confinement was less than three years prior to the application for licensure.
- The conviction directly relates to the trade or occupation in which licensure is sought.
- A determination is made by clear and convincing evidence that granting of the licensure would pose a direct and substantial risk to public safety.
STATUS:
SB 1012: In Fiscal Policy Committee.
HB 751: In Judiciary Committee.
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: Now in Regulated Industries Committee.
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: On Second Reading Calendar.
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 Senate. Now in Messages to House.
HB 581: On Second Reading Calendar.
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
