Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1252
       
       
       
       
       
       
                                Barcode 438124                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/11/2013           .                                
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       The Committee on Regulated Industries (Detert) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 204 - 268
    4  and insert:
    5         Section 3. Subsection (3) of section 489.105, Florida
    6  Statutes, is amended to read:
    7         489.105 Definitions.—As used in this part:
    8         (3) “Contractor” means the person who is qualified for, and
    9  is only responsible for, the project contracted for and means,
   10  except as exempted in this part, the person who, for
   11  compensation, undertakes to, submits a bid to, or does himself
   12  or herself or by others construct, repair, alter, remodel, add
   13  to, demolish, subtract from, or improve any building or
   14  structure, including related improvements to real estate, for
   15  others or for resale to others; and whose job scope is
   16  substantially similar to the job scope described in one of the
   17  paragraphs of this subsection. For the purposes of regulation
   18  under this part, the term “demolish” applies only to demolition
   19  of steel tanks more than 50 feet in height; towers more than 50
   20  feet in height; other structures more than 50 feet in height,
   21  other than buildings or residences more than three stories tall;
   22  and all buildings or residences more than three stories tall.
   23  Contractors are subdivided into two divisions, Division I,
   24  consisting of those contractors defined in paragraphs (a)-(c),
   25  and Division II, consisting of those contractors defined in
   26  paragraphs (d)-(q):
   27         (a) “General contractor” means a contractor whose services
   28  are unlimited as to the type of work which he or she may do, who
   29  may contract for any activity requiring licensure under this
   30  part, and who may perform any work requiring licensure under
   31  this part, except as otherwise expressly provided in s. 489.113.
   32         (b) “Building contractor” means a contractor whose services
   33  are limited to construction of commercial buildings and single
   34  dwelling or multiple-dwelling residential buildings, which do
   35  not exceed three stories in height, and accessory use structures
   36  in connection therewith or a contractor whose services are
   37  limited to remodeling, repair, or improvement of any size
   38  building if the services do not affect the structural members of
   39  the building.
   40         (c) “Residential contractor” means a contractor whose
   41  services are limited to construction, remodeling, repair, or
   42  improvement of one-family, two-family, or three-family
   43  residences not exceeding two habitable stories above no more
   44  than one uninhabitable story and accessory use structures in
   45  connection therewith.
   46         (d) “Sheet metal contractor” means a contractor whose
   47  services are unlimited in the sheet metal trade and who has the
   48  experience, knowledge, and skill necessary for the manufacture,
   49  fabrication, assembling, handling, erection, installation,
   50  dismantling, conditioning, adjustment, insulation, alteration,
   51  repair, servicing, or design, if not prohibited by law, of
   52  ferrous or nonferrous metal work of U.S. No. 10 gauge or its
   53  equivalent or lighter gauge and of other materials, including,
   54  but not limited to, fiberglass, used in lieu thereof and of air
   55  handling systems, including the setting of air-handling
   56  equipment and reinforcement of same, the balancing of air
   57  handling systems, and any duct cleaning and equipment sanitizing
   58  that requires at least a partial disassembling of the system.
   59         (e) “Roofing contractor” means a contractor whose services
   60  are unlimited in the roofing trade and who has the experience,
   61  knowledge, and skill to install, maintain, repair, alter,
   62  extend, or design, if not prohibited by law, and use materials
   63  and items used in the installation, maintenance, extension, and
   64  alteration of all kinds of roofing, waterproofing, and coating,
   65  except when coating is not represented to protect, repair,
   66  waterproof, stop leaks, or extend the life of the roof. The
   67  scope of work of a roofing contractor also includes skylights
   68  and any related work, required roof-deck attachments, and any
   69  repair or replacement of wood roof sheathing or fascia as needed
   70  during roof repair or replacement and any related work.
   71         (f) “Class A air-conditioning contractor” means a
   72  contractor whose services are unlimited in the execution of
   73  contracts requiring the experience, knowledge, and skill to
   74  install, maintain, repair, fabricate, alter, extend, or design,
   75  if not prohibited by law, central air-conditioning,
   76  refrigeration, heating, and ventilating systems, including duct
   77  work in connection with a complete system if such duct work is
   78  performed by the contractor as necessary to complete an air
   79  distribution system, boiler and unfired pressure vessel systems,
   80  and all appurtenances, apparatus, or equipment used in
   81  connection therewith, and any duct cleaning and equipment
   82  sanitizing that requires at least a partial disassembling of the
   83  system; to install, maintain, repair, fabricate, alter, extend,
   84  or design, if not prohibited by law, piping, insulation of
   85  pipes, vessels and ducts, pressure and process piping, and
   86  pneumatic control piping; to replace, disconnect, or reconnect
   87  power wiring on the load side of the dedicated existing
   88  electrical disconnect switch; to install, disconnect, and
   89  reconnect low voltage heating, ventilating, and air-conditioning
   90  control wiring; and to install a condensate drain from an air
   91  conditioning unit to an existing safe waste or other approved
   92  disposal other than a direct connection to a sanitary system.
   93  The scope of work for such contractor also includes any
   94  excavation work incidental thereto, but does not include any
   95  work such as liquefied petroleum or natural gas fuel lines
   96  within buildings, except for disconnecting or reconnecting
   97  changeouts of liquefied petroleum or natural gas appliances
   98  within buildings; potable water lines or connections thereto;
   99  sanitary sewer lines; swimming pool piping and filters; or
  100  electrical power wiring. A Class A air-conditioning contractor
  101  may test and evaluate central air-conditioning, refrigeration,
  102  heating, and ventilating systems, including duct work; however,
  103  a mandatory licensing requirement is not established for the
  104  performance of these specific services.
  105         (g) “Class B air-conditioning contractor” means a
  106  contractor whose services are limited to 25 tons of cooling and
  107  500,000 Btu of heating in any one system in the execution of
  108  contracts requiring the experience, knowledge, and skill to
  109  install, maintain, repair, fabricate, alter, extend, or design,
  110  if not prohibited by law, central air-conditioning,
  111  refrigeration, heating, and ventilating systems, including duct
  112  work in connection with a complete system only to the extent
  113  such duct work is performed by the contractor as necessary to
  114  complete an air-distribution system being installed under this
  115  classification, and any duct cleaning and equipment sanitizing
  116  that requires at least a partial disassembling of the system; to
  117  install, maintain, repair, fabricate, alter, extend, or design,
  118  if not prohibited by law, piping and insulation of pipes,
  119  vessels, and ducts; to replace, disconnect, or reconnect power
  120  wiring on the load side of the dedicated existing electrical
  121  disconnect switch; to install, disconnect, and reconnect low
  122  voltage heating, ventilating, and air-conditioning control
  123  wiring; and to install a condensate drain from an air
  124  conditioning unit to an existing safe waste or other approved
  125  disposal other than a direct connection to a sanitary system.
  126  The scope of work for such contractor also includes any
  127  excavation work incidental thereto, but does not include any
  128  work such as liquefied petroleum or natural gas fuel lines
  129  within buildings, except for disconnecting or reconnecting
  130  changeouts of liquefied petroleum or natural gas appliances
  131  within buildings; potable water lines or connections thereto;
  132  sanitary sewer lines; swimming pool piping and filters; or
  133  electrical power wiring. A Class B air-conditioning contractor
  134  may test and evaluate central air-conditioning, refrigeration,
  135  heating, and ventilating systems, including duct work; however,
  136  a mandatory licensing requirement is not established for the
  137  performance of these specific services.
  138         (h) “Class C air-conditioning contractor” means a
  139  contractor whose business is limited to the servicing of air
  140  conditioning, heating, or refrigeration systems, including any
  141  duct cleaning and equipment sanitizing that requires at least a
  142  partial disassembling of the system, and whose certification or
  143  registration, issued pursuant to this part, was valid on October
  144  1, 1988. Only a person who was registered or certified as a
  145  Class C air-conditioning contractor as of October 1, 1988, shall
  146  be so registered or certified after October 1, 1988. However,
  147  the board shall continue to license and regulate those Class C
  148  air-conditioning contractors who held Class C licenses before
  149  October 1, 1988.
  150         (i) “Mechanical contractor” means a contractor whose
  151  services are unlimited in the execution of contracts requiring
  152  the experience, knowledge, and skill to install, maintain,
  153  repair, fabricate, alter, extend, or design, if not prohibited
  154  by law, central air-conditioning, refrigeration, heating, and
  155  ventilating systems, including duct work in connection with a
  156  complete system if such duct work is performed by the contractor
  157  as necessary to complete an air-distribution system, boiler and
  158  unfired pressure vessel systems, lift station equipment and
  159  piping, and all appurtenances, apparatus, or equipment used in
  160  connection therewith, and any duct cleaning and equipment
  161  sanitizing that requires at least a partial disassembling of the
  162  system; to install, maintain, repair, fabricate, alter, extend,
  163  or design, if not prohibited by law, piping, insulation of
  164  pipes, vessels and ducts, pressure and process piping, pneumatic
  165  control piping, gasoline tanks and pump installations and piping
  166  for same, standpipes, air piping, vacuum line piping, oxygen
  167  lines, nitrous oxide piping, ink and chemical lines, fuel
  168  transmission lines, liquefied petroleum gas lines within
  169  buildings, and natural gas fuel lines within buildings; to
  170  replace, disconnect, or reconnect power wiring on the load side
  171  of the dedicated existing electrical disconnect switch; to
  172  install, disconnect, and reconnect low voltage heating,
  173  ventilating, and air-conditioning control wiring; and to install
  174  a condensate drain from an air-conditioning unit to an existing
  175  safe waste or other approved disposal other than a direct
  176  connection to a sanitary system. The scope of work for such
  177  contractor also includes any excavation work incidental thereto,
  178  but does not include any work such as potable water lines or
  179  connections thereto, sanitary sewer lines, swimming pool piping
  180  and filters, or electrical power wiring. A mechanical contractor
  181  may test and evaluate central air-conditioning, refrigeration,
  182  heating, and ventilating systems, including duct work; however,
  183  a mandatory licensing requirement is not established for the
  184  performance of these specific services.
  185         (j) “Commercial pool/spa contractor” means a contractor
  186  whose scope of work involves, but is not limited to, the
  187  construction, repair, and servicing of any swimming pool, or hot
  188  tub or spa, whether public, private, or otherwise, regardless of
  189  use. The scope of work includes the installation, repair, or
  190  replacement of existing equipment, any cleaning or equipment
  191  sanitizing that requires at least a partial disassembling,
  192  excluding filter changes, and the installation of new pool/spa
  193  equipment, interior finishes, the installation of package pool
  194  heaters, the installation of all perimeter piping and filter
  195  piping, and the construction of equipment rooms or housing for
  196  pool/spa equipment, and also includes the scope of work of a
  197  swimming pool/spa servicing contractor. The scope of such work
  198  does not include direct connections to a sanitary sewer system
  199  or to potable water lines. The installation, construction,
  200  modification, or replacement of equipment permanently attached
  201  to and associated with the pool or spa for the purpose of water
  202  treatment or cleaning of the pool or spa requires licensure;
  203  however, the usage of such equipment for the purposes of water
  204  treatment or cleaning does not require licensure unless the
  205  usage involves construction, modification, or replacement of
  206  such equipment. Water treatment that does not require such
  207  equipment does not require a license. In addition, a license is
  208  not required for the cleaning of the pool or spa in a way that
  209  does not affect the structural integrity of the pool or spa or
  210  its associated equipment.
  211         (k) “Residential pool/spa contractor” means a contractor
  212  whose scope of work involves, but is not limited to, the
  213  construction, repair, and servicing of a residential swimming
  214  pool, or hot tub or spa, regardless of use. The scope of work
  215  includes the installation, repair, or replacement of existing
  216  equipment, any cleaning or equipment sanitizing that requires at
  217  least a partial disassembling, excluding filter changes, and the
  218  installation of new pool/spa equipment, interior finishes, the
  219  installation of package pool heaters, the installation of all
  220  perimeter piping and filter piping, and the construction of
  221  equipment rooms or housing for pool/spa equipment, and also
  222  includes the scope of work of a swimming pool/spa servicing
  223  contractor. The scope of such work does not include direct
  224  connections to a sanitary sewer system or to potable water
  225  lines. The installation, construction, modification, or
  226  replacement of equipment permanently attached to and associated
  227  with the pool or spa for the purpose of water treatment or
  228  cleaning of the pool or spa requires licensure; however, the
  229  usage of such equipment for the purposes of water treatment or
  230  cleaning does not require licensure unless the usage involves
  231  construction, modification, or replacement of such equipment.
  232  Water treatment that does not require such equipment does not
  233  require a license. In addition, a license is not required for
  234  the cleaning of the pool or spa in a way that does not affect
  235  the structural integrity of the pool or spa or its associated
  236  equipment.
  237         (l) “Swimming pool/spa servicing contractor” means a
  238  contractor whose scope of work involves, but is not limited to,
  239  the repair and servicing of a swimming pool, or hot tub or spa,
  240  whether public or private, or otherwise, regardless of use. The
  241  scope of work includes the repair or replacement of existing
  242  equipment, any cleaning or equipment sanitizing that requires at
  243  least a partial disassembling, excluding filter changes, and the
  244  installation of new pool/spa equipment, interior refinishing,
  245  the reinstallation or addition of pool heaters, the repair or
  246  replacement of all perimeter piping and filter piping, the
  247  repair of equipment rooms or housing for pool/spa equipment, and
  248  the substantial or complete draining of a swimming pool, or hot
  249  tub or spa, for the purpose of repair or renovation. The scope
  250  of such work does not include direct connections to a sanitary
  251  sewer system or to potable water lines. The installation,
  252  construction, modification, substantial or complete disassembly,
  253  or replacement of equipment permanently attached to and
  254  associated with the pool or spa for the purpose of water
  255  treatment or cleaning of the pool or spa requires licensure;
  256  however, the usage of such equipment for the purposes of water
  257  treatment or cleaning does not require licensure unless the
  258  usage involves construction, modification, substantial or
  259  complete disassembly, or replacement of such equipment. Water
  260  treatment that does not require such equipment does not require
  261  a license. In addition, a license is not required for the
  262  cleaning of the pool or spa in a way that does not affect the
  263  structural integrity of the pool or spa or its associated
  264  equipment.
  265         (m) “Plumbing contractor” means a contractor whose services
  266  are unlimited in the plumbing trade and includes contracting
  267  business consisting of the execution of contracts requiring the
  268  experience, financial means, knowledge, and skill to install,
  269  maintain, repair, alter, extend, or, if not prohibited by law,
  270  design plumbing. A plumbing contractor may install, maintain,
  271  repair, alter, extend, or, if not prohibited by law, design the
  272  following without obtaining an additional local regulatory
  273  license, certificate, or registration: sanitary drainage or
  274  storm drainage facilities, water and sewer plants and
  275  substations, venting systems, public or private water supply
  276  systems, septic tanks, drainage and supply wells, swimming pool
  277  piping, irrigation systems, and solar heating water systems and
  278  all appurtenances, apparatus, or equipment used in connection
  279  therewith, including boilers and pressure process piping and
  280  including the installation of water, natural gas, liquefied
  281  petroleum gas and related venting, and storm and sanitary sewer
  282  lines. The scope of work of the plumbing contractor also
  283  includes the design, if not prohibited by law, and installation,
  284  maintenance, repair, alteration, or extension of air-piping,
  285  vacuum line piping, oxygen line piping, nitrous oxide piping,
  286  and all related medical gas systems; fire line standpipes and
  287  fire sprinklers if authorized by law; ink and chemical lines;
  288  fuel oil and gasoline piping and tank and pump installation,
  289  except bulk storage plants; and pneumatic control piping
  290  systems, all in a manner that complies with all plans,
  291  specifications, codes, laws, and regulations applicable. The
  292  scope of work of the plumbing contractor applies to private
  293  property and public property, including any excavation work
  294  incidental thereto, and includes the work of the specialty
  295  plumbing contractor. Such contractor shall subcontract, with a
  296  qualified contractor in the field concerned, all other work
  297  incidental to the work but which is specified as being the work
  298  of a trade other than that of a plumbing contractor. This
  299  definition does not limit the scope of work of any specialty
  300  contractor certified pursuant to s. 489.113(6), and does not
  301  require certification or registration under this part of a
  302  person licensed under chapter 527 or any authorized employee of
  303  a public natural gas utility or of a private natural gas utility
  304  regulated by the Public Service Commission when disconnecting
  305  and reconnecting water lines in the servicing or replacement of
  306  an existing water heater. A plumbing contractor may perform
  307  drain cleaning and clearing and install or repair rainwater
  308  catchment systems; however, a mandatory licensing requirement is
  309  not established for the performance of these specific services.
  310         (n) “Underground utility and excavation contractor” means a
  311  contractor whose services are limited to the construction,
  312  installation, and repair, on public or private property, whether
  313  accomplished through open excavations or through other means,
  314  including, but not limited to, directional drilling, auger
  315  boring, jacking and boring, trenchless technologies, wet and dry
  316  taps, grouting, and slip lining, of main sanitary sewer
  317  collection systems, main water distribution systems, storm sewer
  318  collection systems, and the continuation of utility lines from
  319  the main systems to a point of termination up to and including
  320  the meter location for the individual occupancy, sewer
  321  collection systems at property line on residential or single
  322  occupancy commercial properties, or on multioccupancy properties
  323  at manhole or wye lateral extended to an invert elevation as
  324  engineered to accommodate future building sewers, water
  325  distribution systems, or storm sewer collection systems at storm
  326  sewer structures. However, an underground utility and excavation
  327  contractor may install empty underground conduits in rights-of
  328  way, easements, platted rights-of-way in new site development,
  329  and sleeves for parking lot crossings no smaller than 2 inches
  330  in diameter if each conduit system installed is designed by a
  331  licensed professional engineer or an authorized employee of a
  332  municipality, county, or public utility and the installation of
  333  such conduit does not include installation of any conductor
  334  wiring or connection to an energized electrical system. An
  335  underground utility and excavation contractor may not install
  336  piping that is an integral part of a fire protection system as
  337  defined in s. 633.021 beginning at the point where the piping is
  338  used exclusively for such system.
  339         (o) “Solar contractor” means a contractor whose services
  340  consist of the installation, alteration, repair, maintenance,
  341  relocation, or replacement of solar panels for potable solar
  342  water heating systems, swimming pool solar heating systems, and
  343  photovoltaic systems and any appurtenances, apparatus, or
  344  equipment used in connection therewith, whether public, private,
  345  or otherwise, regardless of use. A contractor, certified or
  346  registered pursuant to this chapter, is not required to become a
  347  certified or registered solar contractor or to contract with a
  348  solar contractor in order to provide services enumerated in this
  349  paragraph that are within the scope of the services such
  350  contractors may render under this part.
  351         (p) “Pollutant storage systems contractor” means a
  352  contractor whose services are limited to, and who has the
  353  experience, knowledge, and skill to install, maintain, repair,
  354  alter, extend, or design, if not prohibited by law, and use
  355  materials and items used in the installation, maintenance,
  356  extension, and alteration of, pollutant storage tanks. Any
  357  person installing a pollutant storage tank shall perform such
  358  installation in accordance with the standards adopted pursuant
  359  to s. 376.303.
  360         (q) “Specialty contractor” means a contractor whose scope
  361  of work and responsibility is limited to a particular phase of
  362  construction established in a category adopted by board rule and
  363  whose scope is limited to a subset of the activities described
  364  in one of the paragraphs of this subsection.