| 1 | The Committee on Business Regulation recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to construction contracting; amending s. |
| 7 | 489.117, F.S.; specifying when a person may perform |
| 8 | specialty contracting services for the construction, |
| 9 | remodeling, repair, or improvement of a swimming pool or |
| 10 | spa without obtaining a local professional license; |
| 11 | requiring certain local authorities to allow local |
| 12 | registration, as specified, as an alternative to other |
| 13 | local licenses; authorizing a fee; requiring workers' |
| 14 | compensation coverage or exemption therefrom; creating s. |
| 15 | 553.8414, F.S.; creating the Swimming Pool and Solar |
| 16 | Technical Advisory Committee of the Florida Building |
| 17 | Commission; providing for appointment and duties of |
| 18 | committee members; providing effective dates. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Paragraph (f) is added to subsection (4) of |
| 23 | section 489.117, Florida Statutes, to read: |
| 24 | 489.117 Registration; specialty contractors.-- |
| 25 | (4) |
| 26 | (f) Portions of work related to the construction of a |
| 27 | swimming pool or spa require the use of specialized skill and |
| 28 | equipment that are frequently available only through specialty |
| 29 | contracting services. Due to these unique needs for specialty |
| 30 | services, any person who is not required to obtain registration |
| 31 | or certification pursuant to s. 489.105(3)(a)-(i) or (m)-(o) may |
| 32 | perform specialty contracting services for the construction, |
| 33 | remodeling, repair, or improvement of a swimming pool or spa as |
| 34 | specified in s. 489.105(3)(j)-(l) without obtaining a local |
| 35 | professional license if such person is supervised by a certified |
| 36 | or registered commercial pool/spa contractor, residential |
| 37 | pool/spa contractor, or swimming pool/spa servicing contractor |
| 38 | acting within the scope of the supervising contractor's license. |
| 39 | A local authority that does not require a local specialty |
| 40 | contractor license or local certificate of competency for any |
| 41 | service provided by a certified or registered commercial |
| 42 | pool/spa contractor, residential pool/spa contractor, or |
| 43 | swimming pool/spa servicing contractor must allow, as an |
| 44 | alternative to the local license or certificate, local |
| 45 | registration of the person contracting with a supervising |
| 46 | contractor to perform a specialty service under this paragraph. |
| 47 | The local authority may charge a fee for local registration |
| 48 | which does not exceed $150. The local authority may not require |
| 49 | proof of competency for local registration and shall require |
| 50 | documentation that a registrant is covered by workers' |
| 51 | compensation coverage or a valid exemption from such coverage. |
| 52 | Local registration shall require the registrant to contract with |
| 53 | a certified or registered commercial pool/spa contractor, |
| 54 | residential pool/spa contractor, or swimming pool/spa servicing |
| 55 | contractor. |
| 56 | Section 2. Effective upon this act becoming a law, section |
| 57 | 553.8414, Florida Statutes, is created to read: |
| 58 | 553.8414 Swimming Pool and Solar Technical Advisory |
| 59 | Committee.-- |
| 60 | (1) The Florida Building Commission shall, on or before |
| 61 | July 1, 2004, establish the Swimming Pool and Solar Technical |
| 62 | Advisory Committee of the commission and shall appoint members |
| 63 | of the committee in the same manner as members are appointed to |
| 64 | the commission's other technical advisory committees. The |
| 65 | committee shall consist of no fewer than 10 persons who |
| 66 | represent the swimming pool and solar construction industry. The |
| 67 | chair of the commission shall annually designate a commission |
| 68 | member to serve as chair of the committee. Each committee member |
| 69 | shall be appointed for a 2-year term and may be reappointed at |
| 70 | the discretion of the commission. |
| 71 | (2) The Swimming Pool and Solar Technical Advisory |
| 72 | Committee shall advise the commission on any matters relating to |
| 73 | building code standards for swimming pools, spas, and solar |
| 74 | equipment. |
| 75 | Section 3. Except as otherwise provided herein, this act |
| 76 | shall take effect July 1, 2004. |