HB 0261CS

CHAMBER ACTION




1The Committee on Business Regulation recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to construction contracting; amending s.
7489.117, F.S.; specifying when a person may perform
8specialty contracting services for the construction,
9remodeling, repair, or improvement of a swimming pool or
10spa without obtaining a local professional license;
11requiring certain local authorities to allow local
12registration, as specified, as an alternative to other
13local licenses; authorizing a fee; requiring workers'
14compensation coverage or exemption therefrom; creating s.
15553.8414, F.S.; creating the Swimming Pool and Solar
16Technical Advisory Committee of the Florida Building
17Commission; providing for appointment and duties of
18committee members; providing effective dates.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Paragraph (f) is added to subsection (4) of
23section 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
27swimming pool or spa require the use of specialized skill and
28equipment that are frequently available only through specialty
29contracting services. Due to these unique needs for specialty
30services, any person who is not required to obtain registration
31or certification pursuant to s. 489.105(3)(a)-(i) or (m)-(o) may
32perform specialty contracting services for the construction,
33remodeling, repair, or improvement of a swimming pool or spa as
34specified in s. 489.105(3)(j)-(l) without obtaining a local
35professional license if such person is supervised by a certified
36or registered commercial pool/spa contractor, residential
37pool/spa contractor, or swimming pool/spa servicing contractor
38acting within the scope of the supervising contractor's license.
39A local authority that does not require a local specialty
40contractor license or local certificate of competency for any
41service provided by a certified or registered commercial
42pool/spa contractor, residential pool/spa contractor, or
43swimming pool/spa servicing contractor must allow, as an
44alternative to the local license or certificate, local
45registration of the person contracting with a supervising
46contractor to perform a specialty service under this paragraph.
47The local authority may charge a fee for local registration
48which does not exceed $150. The local authority may not require
49proof of competency for local registration and shall require
50documentation that a registrant is covered by workers'
51compensation coverage or a valid exemption from such coverage.
52Local registration shall require the registrant to contract with
53a certified or registered commercial pool/spa contractor,
54residential pool/spa contractor, or swimming pool/spa servicing
55contractor.
56     Section 2.  Effective upon this act becoming a law, section
57553.8414, Florida Statutes, is created to read:
58     553.8414  Swimming Pool and Solar Technical Advisory
59Committee.--
60     (1)  The Florida Building Commission shall, on or before
61July 1, 2004, establish the Swimming Pool and Solar Technical
62Advisory Committee of the commission and shall appoint members
63of the committee in the same manner as members are appointed to
64the commission's other technical advisory committees. The
65committee shall consist of no fewer than 10 persons who
66represent the swimming pool and solar construction industry. The
67chair of the commission shall annually designate a commission
68member to serve as chair of the committee. Each committee member
69shall be appointed for a 2-year term and may be reappointed at
70the discretion of the commission.
71     (2)  The Swimming Pool and Solar Technical Advisory
72Committee shall advise the commission on any matters relating to
73building code standards for swimming pools, spas, and solar
74equipment.
75     Section 3.  Except as otherwise provided herein, this act
76shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.