By DALLAS THIESEN, FSPA Sr. Dir. of
Government Affairs
The 2024 Florida Legislative Session
kicked off on January 9, 2024, and will run for 60 consecutive days, ending on
March 8, 2024.
The 2024 Legislature Session is shaping up
to be a busy session for FSPA and the Florida swimming pool and spa industry.
FSPA is backing bills (SB922 and HB525) that would revise and clarify the scope
of work for swimming pool and spa contractors in Florida. It has been over 20
years since the scope of work for swimming pool contractors has seen any
revision. FSPA is undertaking this scope of work revision to ensure that the
scope of work for swimming pool contractors is clearly defined, easy to understand,
and captures all of the aspects of swimming pool and spa construction, repair,
and remodel. The bill sponsors (Sen. Keith Perry and Rep. David Smith) are
working hard to bring these bills forward for the swimming pool and spa
industry in Florida.
Additionally, FSPA will be engaging with sponsors
on a range of bills that could impact the swimming pool and spa industry and
drowning prevention efforts. The details of all bills that FSPA is tracking can
be found below. FSPA’s Board of Directors will take positions on all the bills
that FSPA is tracking at the January 2024 board meeting. If you have any
questions about any bills, please contact Dallas Thiesen, FSPA Sr. Director of
Government Affairs, at Dallas@FloridaPoolPro.com.
View the full Week 1 - 2 Update on YouTube.
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: Introduced
HB
525: Regulatory
Reform & Economic Development Subcommittee
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: Introduced
HB 1563: Regulatory Reform & Economic
Development Subcommittee
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. The continuing education
does not apply to contractors, accountants, interior designers, or medical
professions.
STATUS:
SB 382: Passed Government Oversight and
Accountability Committee as amended. 1/16/2024
HB 497: 1st Reading (Original Filed
Version)
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: Introduced
HB 1217: Regulatory Reform & Economic
Development Subcommittee
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 manufactures
from conditioning warranties upon registration of the product.
STATUS:
SB 612: Passed Commerce and Tourism Committee
1/16/2024
HB 481: Passed Civil Justice Subcommittee as
Amended 1/11/2024
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:
1. The Crime was forceable felony, fraudulent,
or a breach of fiduciary duty where the conviction or
confinement was less than three
years prior to the
application for licensure.
2. The
conviction directly relates to the trade or occupation in which licensure is sought.
3. A
determination is made by clear and convincing evidence that granting of the licensure would pose a
direct and substantial risk to public
safety.
STATUS:
SB 1012: Introduced
HB 751: 1st Reading (Original Filed
Version)
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: Passed Community Affairs Committee
1/16/2024
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: Introduced
HB
123: 1st
Reading (Original Filed Version)
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: Introduced
HB 445: 1st Reading (Original Filed
Version)
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 Health Care Policy Committee
1/16/2024
HB 581: 1st Reading (Original Filed
Version)
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: Introduced
HB
581: 1st
Reading (Original Filed Version)
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: Regulatory Reform & Economic
Development Subcommittee
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: Introduced