Florida Senate - 2026 SB 710
By Senator Yarborough
4-00778A-26 2026710__
1 A bill to be entitled
2 An act relating to underground utility and excavation
3 contractors; amending s. 489.105, F.S.; revising the
4 definition of the term “underground utility and
5 excavation contractor”; amending s. 633.102, F.S.;
6 authorizing an underground utility and excavation
7 contractor to take certain actions relating to
8 underground piping for fire protection systems;
9 defining the term “underground utility and excavation
10 contractor”; reenacting ss. 489.107(4)(b), 489.113(2),
11 489.117(1)(a), (2)(a) and (b), and (4)(a), (d), and
12 (e), 489.118(1), 489.126(1), 489.131(10) and (11), and
13 489.1402(1)(d), relating to the construction licensing
14 board, qualifications and restrictions for practice,
15 registration and specialty contractors, certification
16 of registered contractors, moneys received by
17 contractors, applicability, and homeowners’
18 construction recovery fund and definitions,
19 respectively, to incorporate the amendment made to s.
20 489.105, F.S., in references thereto; reenacting ss.
21 633.224(1) and 633.318(2)(a), F.S., relating to
22 automatic fire sprinkler systems and fire protection
23 system contractor certificate application and
24 examination, respectively, to incorporate the
25 amendment made to s. 633.102, F.S., in references
26 thereto; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Paragraph (n) of subsection (3) of section
31 489.105, Florida Statutes, is amended to read:
32 489.105 Definitions.—As used in this part:
33 (3) “Contractor” means the person who is qualified for, and
34 is only responsible for, the project contracted for and means,
35 except as exempted in this part, the person who, for
36 compensation, undertakes to, submits a bid to, or does himself
37 or herself or by others construct, repair, alter, remodel, add
38 to, demolish, subtract from, or improve any building or
39 structure, including related improvements to real estate, for
40 others or for resale to others; and whose job scope is
41 substantially similar to the job scope described in one of the
42 paragraphs of this subsection. For the purposes of regulation
43 under this part, the term “demolish” applies only to demolition
44 of steel tanks more than 50 feet in height; towers more than 50
45 feet in height; other structures more than 50 feet in height;
46 and all buildings or residences. Contractors are subdivided into
47 two divisions, Division I, consisting of those contractors
48 defined in paragraphs (a)-(c), and Division II, consisting of
49 those contractors defined in paragraphs (d)-(q):
50 (n) “Underground utility and excavation contractor” means a
51 contractor whose services are limited to the construction,
52 installation, and repair, on public or private property, whether
53 accomplished through open excavations or through other means,
54 including, but not limited to, directional drilling, auger
55 boring, jacking and boring, trenchless technologies, wet and dry
56 taps, grouting, and slip lining, of main sanitary sewer
57 collection systems, main water distribution systems, storm sewer
58 collection systems, and the continuation of utility lines from
59 the main systems to a point of termination up to and including
60 the meter location for the individual occupancy, sewer
61 collection systems at property line on residential or single
62 occupancy commercial properties, or on multioccupancy properties
63 at manhole or wye lateral extended to an invert elevation as
64 engineered to accommodate future building sewers, water
65 distribution systems, or storm sewer collection systems at storm
66 sewer structures. However, an underground utility and excavation
67 contractor may install empty underground conduits in rights-of
68 way, easements, platted rights-of-way in new site development,
69 and sleeves for parking lot crossings no smaller than 2 inches
70 in diameter if each conduit system installed is designed by a
71 licensed professional engineer or an authorized employee of a
72 municipality, county, or public utility and the installation of
73 such conduit does not include installation of any conductor
74 wiring or connection to an energized electrical system. An
75 underground utility and excavation contractor may not install
76 piping that is an integral part of a fire protection system as
77 defined in s. 633.102 only up to a beginning at the point within
78 5 feet of the building for which such system will be installed,
79 terminating at a valve, but may not install such piping inside
80 the building where the piping is used exclusively for such
81 system.
82 Section 2. Present subsections (33), (34), and (35) of
83 section 633.102, Florida Statutes, are redesignated as
84 subsections (34), (35), and (36), respectively, a new subsection
85 (33) is added to that section, and subsection (3) of that
86 section is amended, to read:
87 633.102 Definitions.—As used in this chapter, the term:
88 (3)(a) “Contractor I” means a contractor whose business
89 includes the execution of contracts requiring the ability to lay
90 out, fabricate, install, inspect, alter, repair, and service all
91 types of fire protection systems, excluding preengineered
92 systems.
93 (b) “Contractor II” means a contractor whose business is
94 limited to the execution of contracts requiring the ability to
95 lay out, fabricate, install, inspect, alter, repair, and service
96 water sprinkler systems, water spray systems, foam-water
97 sprinkler systems, foam-water spray systems, standpipes,
98 combination standpipes and sprinkler risers, all piping that is
99 an integral part of the system beginning at the point of service
100 as defined in this section, sprinkler tank heaters, air lines,
101 thermal systems used in connection with sprinklers, and tanks
102 and pumps connected thereto, excluding preengineered systems.
103 (c) “Contractor III” means a contractor whose business is
104 limited to the execution of contracts requiring the ability to
105 fabricate, install, inspect, alter, repair, and service carbon
106 dioxide systems, foam extinguishing systems, dry chemical
107 systems, and Halon and other chemical systems, excluding
108 preengineered systems.
109 (d) “Contractor IV” means a contractor whose business is
110 limited to the execution of contracts requiring the ability to
111 lay out, fabricate, install, inspect, alter, repair, and service
112 automatic fire sprinkler systems for detached one-family
113 dwellings, detached two-family dwellings, and mobile homes,
114 excluding preengineered systems and excluding single-family
115 homes in cluster units, such as apartments, condominiums, and
116 assisted living facilities or any building that is connected to
117 other dwellings. A Contractor IV is limited to the scope of
118 practice specified in NFPA 13D.
119 (e) “Contractor V” means a contractor whose business is
120 limited to the execution of contracts requiring the ability to
121 fabricate, install, alter, repair, and service the underground
122 piping for a fire protection system using water as the
123 extinguishing agent beginning at the point of service as defined
124 in this act and ending no more than 1 foot above the finished
125 floor. A Contractor V may inspect underground piping for a
126 water-based fire protection system under the direction of a
127 Contractor I or Contractor II.
128
129 This subsection may not be construed to include engineers or
130 architects within the defined terms and does not limit or
131 prohibit a licensed fire protection engineer or architect with
132 fire protection design experience from designing any type of
133 fire protection system. A distinction is made between system
134 design concepts prepared by the design professional and system
135 layout as defined in this section and typically prepared by the
136 contractor. However, a person certified under this chapter as a
137 Contractor I or Contractor II may design new fire protection
138 systems of 49 or fewer sprinklers; may design the alteration of
139 an existing fire sprinkler system if the alteration consists of
140 the relocation, addition, or deletion of 49 or fewer sprinklers,
141 notwithstanding the size of the existing fire sprinkler system;
142 and may design the alteration of an existing fire sprinkler
143 system if the alteration consists of the relocation or deletion
144 of 249 or fewer sprinklers and the addition of up to 49
145 sprinklers, as long as the cumulative total number of fire
146 sprinklers being added, relocated, or deleted does not exceed
147 249, notwithstanding the size of the existing fire sprinkler
148 system, if there is no change of occupancy of the affected
149 areas, as defined in the Florida Building Code and the Florida
150 Fire Prevention Code, and there is no change in the water demand
151 as defined in NFPA 13, “Standard for the Installation of
152 Sprinkler Systems,” and if the occupancy hazard classification
153 as defined in NFPA 13 is reduced or remains the same as a result
154 of the alteration. Conflicts between the Florida Building Code
155 and the Florida Fire Prevention Code shall be resolved pursuant
156 to s. 553.73(1)(d). A person certified as a Contractor I,
157 Contractor II, or Contractor IV may design a new fire protection
158 system or design the alteration of an existing fire protection
159 system, the scope of which complies with NFPA 13D, “Standard for
160 the Installation of Sprinkler Systems in One- and Two-Family
161 Dwellings and Manufactured Homes,” as adopted by the State Fire
162 Marshal, notwithstanding the number of fire sprinklers.
163 Contractor-developed plans may not be required by any local
164 permitting authority to be sealed by a registered professional
165 engineer. An underground utility and excavation contractor may
166 fabricate, install, alter, repair, and service the underground
167 piping for a fire protection system using water as the
168 extinguishing agent up to a point within 5 feet of the building
169 for which the fire protection system will be installed,
170 terminating at a valve, but may not install such piping inside
171 the building.
172 (33) “Underground utility and excavation contractor” means
173 an individual who holds a current and valid license as described
174 under s. 489.105(3)(n).
175 Section 3. For the purpose of incorporating the amendment
176 made by this act to section 489.105, Florida Statutes, in a
177 reference thereto, paragraph (b) of subsection (4) of section
178 489.107, Florida Statutes, is reenacted to read:
179 489.107 Construction Industry Licensing Board.—
180 (4) The board shall be divided into two divisions, Division
181 I and Division II.
182 (b) Division II is comprised of the roofing contractor,
183 sheet metal contractor, air-conditioning contractor, mechanical
184 contractor, pool contractor, plumbing contractor, and
185 underground utility and excavation contractor members of the
186 board; one of the members appointed pursuant to paragraph
187 (2)(j); and one of the members appointed pursuant to paragraph
188 (2)(k). Division II has jurisdiction over the regulation of
189 contractors defined in s. 489.105(3)(d)-(p).
190 Section 4. For the purpose of incorporating the amendment
191 made by this act to section 489.105, Florida Statutes, in a
192 reference thereto, subsection (2) of section 489.113, Florida
193 Statutes, is reenacted to read:
194 489.113 Qualifications for practice; restrictions.—
195 (2) A person must be certified or registered in order to
196 engage in the business of contracting in this state. However,
197 for purposes of complying with the provisions of this chapter, a
198 subcontractor who is not certified or registered may perform
199 construction work under the supervision of a person who is
200 certified or registered, provided that the work is within the
201 scope of the supervising contractor’s license, the supervising
202 contractor is responsible for the work, and the subcontractor
203 being supervised is not engaged in construction work that would
204 require a license as a contractor under any of the categories
205 listed in s. 489.105(3)(d)-(o). This subsection does not affect
206 the application of any local construction licensing ordinances.
207 To enforce this subsection:
208 (a) The department shall issue a cease and desist order to
209 prohibit any person from engaging in the business of contracting
210 who does not hold the required certification or registration for
211 the work being performed under this part. For the purpose of
212 enforcing a cease and desist order, the department may file a
213 proceeding in the name of the state seeking issuance of an
214 injunction or a writ of mandamus against any person who violates
215 any provision of such order.
216 (b) A county, municipality, or local licensing board
217 created by special act may issue a cease and desist order to
218 prohibit any person from engaging in the business of contracting
219 who does not hold the required certification or registration for
220 the work being performed under this part.
221 Section 5. For the purpose of incorporating the amendment
222 made by this act to section 489.105, Florida Statutes, in
223 references thereto, paragraph (a) of subsection (1), paragraphs
224 (a) and (b) of subsection (2), and paragraphs (a), (d), and (e)
225 of subsection (4) of section 489.117, Florida Statutes, are
226 reenacted to read:
227 489.117 Registration; specialty contractors.—
228 (1)(a) A person engaged in the business of a contractor as
229 defined in s. 489.105(3)(a)-(o) must be registered before
230 engaging in business as a contractor in this state, unless he or
231 she is certified. Except as provided in paragraph (2)(b), to be
232 initially registered, the applicant must submit the required fee
233 and file evidence of successful compliance with the local
234 examination and licensing requirements, if any, in the area for
235 which registration is desired. An examination is not required
236 for registration.
237 (2)(a) Except as provided in paragraph (b), the board may
238 not issue a new registration after July 1, 1993, based on any
239 certificate of competency or license for a category of
240 contractor defined in s. 489.105(3)(a)-(o) which is issued by a
241 municipal or county government that does not exercise
242 disciplinary control and oversight over such locally licensed
243 contractors, including forwarding a recommended order in each
244 action to the board as provided in s. 489.131(7). For purposes
245 of this subsection and s. 489.131(10), the board shall determine
246 the adequacy of such disciplinary control by reviewing the local
247 government’s ability to process and investigate complaints and
248 to take disciplinary action against locally licensed
249 contractors.
250 (b) The board shall issue a registration to an eligible
251 applicant to engage in the business of a contractor in a
252 specified local jurisdiction, provided each of the following
253 conditions are satisfied:
254 1. The applicant held, in any local jurisdiction in this
255 state during 2021, 2022, or 2023, a certificate of registration
256 issued by the state or a local license issued by a local
257 jurisdiction to perform work in a category of contractor defined
258 in s. 489.105(3)(a)-(o).
259 2. The applicant submits all of the following to the board:
260 a. Evidence of the certificate of registration or local
261 license held by the applicant as required by subparagraph 1.
262 b. Evidence that the specified local jurisdiction does not
263 have a license type available for the category of work for which
264 the applicant was issued a certificate of registration or local
265 license during 2021, 2022, or 2023, such as a notification on
266 the website of the local jurisdiction or an e-mail or letter
267 from the office of the local building official or local building
268 department stating that such license type is not available in
269 that local jurisdiction.
270 c. Evidence that the applicant has submitted the required
271 fee.
272 d. Evidence of compliance with the insurance and financial
273 responsibility requirements of s. 489.115(5).
274
275 An examination is not required for an applicant seeking a
276 registration under this paragraph.
277 (4)(a)1. A person whose job scope does not substantially
278 correspond to either the job scope of one of the contractor
279 categories defined in s. 489.105(3)(a)-(o), or the job scope of
280 one of the certified specialty contractor categories established
281 by board rule, is not required to register with the board. A
282 local government, as defined in s. 163.211, may not require a
283 person to obtain a license, issued by the local government or
284 the state, for a job scope which does not substantially
285 correspond to the job scope of one of the contractor categories
286 defined in s. 489.105(3)(a)-(o) and (q) or authorized in s.
287 489.1455(1), or the job scope of one of the certified specialty
288 contractor categories established pursuant to s. 489.113(6). A
289 local government may not require a state or local license to
290 obtain a permit for such job scopes. For purposes of this
291 section, job scopes for which a local government may not require
292 a license include, but are not limited to, painting; flooring;
293 cabinetry; interior remodeling when the scope of the project
294 does not include a task for which a state license is required;
295 driveway or tennis court installation; handyman services;
296 decorative stone, tile, marble, granite, or terrazzo
297 installation; plastering; pressure washing; stuccoing; caulking;
298 and canvas awning and ornamental iron installation.
299 2. A county that includes an area designated as an area of
300 critical state concern under s. 380.05 may offer a license for
301 any job scope which requires a contractor license under this
302 part if the county imposed such a licensing requirement before
303 January 1, 2021.
304 3. A local government may continue to offer a license for
305 veneer, including aluminum or vinyl gutters, siding, soffit, or
306 fascia; rooftop painting, coating, and cleaning above three
307 stories in height; or fence installation and erection if the
308 local government imposed such a licensing requirement before
309 January 1, 2021.
310 4. A local government may not require a license as a
311 prerequisite to submit a bid for public works projects if the
312 work to be performed does not require a license under general
313 law.
314 (d) Any person who is not required to obtain registration
315 or certification pursuant to s. 489.105(3)(d)-(o) may perform
316 contracting services for the construction, remodeling, repair,
317 or improvement of single-family residences, including a
318 townhouse as defined in the Florida Building Code, without
319 obtaining a local license if such person is under the
320 supervision of a certified or registered general, building, or
321 residential contractor. As used in this paragraph, supervision
322 shall not be deemed to require the existence of a direct
323 contract between the certified or registered general, building,
324 or residential contractor and the person performing specialty
325 contracting services.
326 (e) Any person who is not certified or registered may
327 perform the work of a specialty contractor whose scope of
328 practice is limited to the type of work specified under s.
329 489.105(3)(j), (k), or (l) for the construction, remodeling,
330 repair, or improvement of commercial or residential swimming
331 pools, interactive water features as defined in the Florida
332 Building Code, hot tubs, and spas without obtaining a local
333 license or certification as a specialty contractor if he or she
334 is supervised by a contractor who is certified or registered
335 under s. 489.105(3)(j), (k), or (l); the work is within the
336 scope of the supervising contractor’s license; the supervising
337 contractor is responsible for the work; and the work does not
338 require certification or registration under s. 489.105(3)(d)
339 (i), (m)-(o), or s. 489.505. Such supervision does not require a
340 direct contract between the contractor certified or registered
341 under s. 489.105(3)(j), (k), or (l) and the person performing
342 the work, or for the person performing the work to be an
343 employee of the contractor certified or registered under s.
344 489.105(3)(j), (k), or (l). This paragraph does not limit the
345 exemptions provided in s. 489.103 and may not be construed to
346 expand the scope of a contractor certified or registered under
347 s. 489.105(3)(j), (k), or (l) to provide plumbing or electrical
348 services for which certification or registration is required by
349 this part or part II.
350 Section 6. For the purpose of incorporating the amendment
351 made by this act to section 489.105, Florida Statutes, in a
352 reference thereto, subsection (1) of section 489.118, Florida
353 Statutes, is reenacted to read:
354 489.118 Certification of registered contractors;
355 grandfathering provisions.—The board shall, upon receipt of a
356 completed application and appropriate fee, issue a certificate
357 in the appropriate category to any contractor registered under
358 this part who makes application to the board and can show that
359 he or she meets each of the following requirements:
360 (1) Currently holds a valid registered local license in one
361 of the contractor categories defined in s. 489.105(3)(a)-(p).
362 Section 7. For the purpose of incorporating the amendment
363 made by this act to section 489.105, Florida Statutes, in a
364 reference thereto, subsection (1) of section 489.126, Florida
365 Statutes, is reenacted to read:
366 489.126 Moneys received by contractors.—
367 (1) For purposes of this section, the term “contractor”
368 includes all definitions as set forth in s. 489.105(3), and any
369 person performing or contracting or promising to perform work
370 described therein, without regard to the licensure of the
371 person.
372 Section 8. For the purpose of incorporating the amendment
373 made by this act to section 489.105, Florida Statutes, in a
374 reference thereto, subsections (10) and (11) of section 489.131,
375 Florida Statutes, are reenacted to read:
376 489.131 Applicability.—
377 (10) No municipal or county government may issue any
378 certificate of competency or license for any contractor defined
379 in s. 489.105(3)(a)-(o) after July 1, 1993, unless such local
380 government exercises disciplinary control and oversight over
381 such locally licensed contractors, including forwarding a
382 recommended order in each action to the board as provided in
383 subsection (7). Each local board that licenses and disciplines
384 contractors must have at least two consumer representatives on
385 that board. If the board has seven or more members, at least
386 three of those members must be consumer representatives. The
387 consumer representative may be any resident of the local
388 jurisdiction who is not, and has never been, a member or
389 practitioner of a profession regulated by the board or a member
390 of any closely related profession.
391 (11) Any municipal or county government which enters or has
392 in place a reciprocal agreement which accepts a certificate of
393 competency or license issued by another municipal or county
394 government in lieu of its own certificate of competency or
395 license allowing contractors defined in s. 489.105(3)(a)-(o),
396 shall file a certified copy of such agreement with the board not
397 later than 60 days after July 1, 1993, or 30 days after the
398 effective date of such agreement.
399 Section 9. For the purpose of incorporating the amendment
400 made by this act to section 489.105, Florida Statutes, in a
401 reference thereto, paragraph (d) of subsection (1) of section
402 489.1402, Florida Statutes, is reenacted to read:
403 489.1402 Homeowners’ Construction Recovery Fund;
404 definitions.—
405 (1) The following definitions apply to ss. 489.140-489.144:
406 (d) “Contractor” means a Division I or Division II
407 contractor performing his or her respective services described
408 in s. 489.105(3).
409 Section 10. For the purpose of incorporating the amendment
410 made by this act to section 633.102, Florida Statutes, in a
411 reference thereto, subsection (1) of section 633.224, Florida
412 Statutes, is reenacted to read:
413 633.224 Automatic fire sprinkler systems for one-family
414 dwellings, two-family dwellings, and mobile homes.—
415 (1) It is unlawful for a person to engage in the business
416 or act in the capacity of a contractor of automatic fire
417 sprinkler systems for one-family dwellings, two-family
418 dwellings, and mobile homes without having been duly certified
419 and holding a current certificate as a Contractor I, Contractor
420 II, or Contractor IV as defined in s. 633.102.
421 Section 11. For the purpose of incorporating the amendment
422 made by this act to section 633.102, Florida Statutes, in a
423 reference thereto, paragraph (a) of subsection (2) of section
424 633.318, Florida Statutes, is reenacted to read:
425 633.318 Certificate application and issuance; permit
426 issuance; examination and investigation of applicant.—
427 (2)(a) Examinations shall be administered by the division
428 and held at times and places within the state as the division
429 determines, but there shall be at least two examinations a year.
430 Each applicant shall take and pass an objective, written
431 examination of her or his fitness for a certificate in the class
432 for which the application is requested. There shall be a type of
433 examination for each class of certificate for contractors as
434 defined in s. 633.102. The examination must test the applicant’s
435 ability to lay out, fabricate, install, alter, repair, and
436 inspect fire protection systems and their appurtenances and must
437 test the applicant’s fitness in business and financial
438 management. The test must be based on applicable standards of
439 the National Fire Protection Association and on relevant Florida
440 and federal laws pertaining to the construction industry, safety
441 standards, administrative procedures, and pertinent technical
442 data.
443 Section 12. This act shall take effect July 1, 2026.