By DALLAS THIESEN
The 2024 Legislative Session has now ended.
FSPA’s main objective, the passage of SB922 / HB 525, which would have clarified and modernized swimming pool and spa contractor scopes of work, was not accomplished this year. FSPA is already engaging legislators to bring these bills back in the 2025 Legislative Session.
FSPA was successful in working with the DBPR and the legislature to increase the per claim and aggregate caps on the construction recovery fund. The DBPR department bill passed this year with provisions that will raise the Division II recovery fund cap to $30,000 per claim and $600,000 aggregate per contractor. This increase in the recovery fund caps will give the CILB more leeway to address consumer damages.
FSPA was also successful this session in stopping several bills that would have been harmful to the swimming pool and spa industry. One such bill is SB 1012 and HB 751, which would change how prior criminal convictions are considered when someone is applying for licensure, making it exceedingly difficult for a licensing board to deny licensure based on past convictions by making licensing boards serve in a quasi-judicial role to determine if a person rehabilitated. FSPA engaged with the bill sponsors and proponents to express the industry’s concerns. The bills died and did not pass this year.
FSPA also engaged bill sponsors on HB1563 and SB1778, a set of bills that would have required contractors to use escrow accounts like attorney’s when taking client payments of more than $10,000. This bill would have increased costs for contractors and made construction projects more expensive. Due to FSPA’s efforts, these bills did not pass, and through discussions with bill sponsors, FSPA now has an open dialogue with legislators on how to address bad actors in the construction industry and what policy solutions will be effective.
All bills that FSPA tracked throughout 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: Died
HB 525: Died
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: Died
HB 1563: Died
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. Continuing education does not apply to contractors, engineers, architects, accountants, interior designers, or medical professions.
STATUS:
SB 382: Passed, waiting on presentation to the Governor.
HB 497: Laid on the Table.
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: Laid on the Table.
HB 1335: Passed, waiting on presentation to the Governor.
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: Died
HB 1217: Died
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: Passed, waiting on presentation to the Governor.
HB 1579: Laid on the Table.
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: Laid on the Table.
HB 481: Passed, waiting on presentation to the Governor.
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 licensure would pose a direct and substantial risk to public safety.
STATUS:
SB 1012: Died
HB 751: Died
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: Died
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: Died
HB 123: Died
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: Died
HB 445: Died
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, waiting on presentation to the Governor.
HB 581: Laid on the Table.
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: Died
HB 581: Died
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: Died
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: Died
