SESSION WATCH
THE BILL ITSELF

SB 322

Construction

VERSION S 322 Filed · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

Florida Senate - 2026 SB 322 By Senator McClain 9-00189A-26 2026322__
1 A bill to be entitled
2 An act relating to construction; amending s. 83.43,
3 F.S.; defining terms; amending s. 83.51, F.S.;
4 revising the obligation of landlords to maintain
5 certain premises to include making reasonable
6 provisions for functioning facilities for cooling;
7 providing requirements for such facilities; providing
8 that a landlord is not in violation of certain
9 provisions under certain circumstances; providing an
10 exception to the requirement to provide facilities for
11 cooling; requiring a landlord to provide alternative
12 code-compliant cooling solutions under certain
13 circumstances; providing construction; requiring a
14 landlord to comply with certain provisions by a
15 specified date; amending s. 489.105, F.S.; revising
16 the definitions of the terms “class A air-conditioning
17 contractor” and “mechanical contractor”; amending s.
18 489.115, F.S.; revising requirements for certain
19 certificateholders or registrants desiring to renew
20 such certificate or registration; authorizing the
21 Construction Industry Licensing Board to award a
22 specified number of hours of general continuing
23 education credit per renewal cycle for certain
24 professional association engagement; specifying that
25 certain credit is general credit only and may not be
26 used to satisfy certain requirements; requiring the
27 board to adopt rules; prohibiting a certificateholder
28 or registrant from receiving credit for certain
29 activities; requiring approved associations to
30 maintain certain records for a certain timeframe and
31 submit attendance records to the board in a certain
32 format; amending ss. 83.491 and 553.895, F.S.;
33 conforming cross-references; reenacting ss. 403.868,
34 489.107(4)(b), 489.113(2), 489.117(1)(a), (2)(a) and
35 (b), and (4)(a), (d), and (e), 489.118(1), 489.126(1),
36 489.131(10) and (11), 489.1402(1)(d), 489.141(2)(f),
37 and 553.998, F.S., relating to requirements by a
38 utility, the Construction Industry Licensing Board,
39 qualifications and restrictions for practice,
40 registration and specialty contractors, certification
41 of registered contractors and grandfathering
42 provisions, moneys received by contractors,
43 applicability of contracting provisions, the
44 Homeowners’ Construction Recovery Fund, conditions for
45 recovery and eligibility, and compliance,
46 respectively, to incorporate the amendment made to s.
47 489.105, F.S., in references thereto; reenacting ss.
48 489.517(4)(a) and 553.79(18), F.S., relating to the
49 renewal of certificate or registration and continuing
50 education, and permits, respectively, to incorporate
51 the amendment made to s. 489.115, F.S., in references
52 thereto; providing effective dates.
54 Be It Enacted by the Legislature of the State of Florida:
56 Section 1. Present subsections (4) through (8), (9), (10),
57 and (11) through (18) of section 83.43, Florida Statutes, are
58 redesignated as subsections (5) through (9), (11), (12), and
59 (14) through (21), respectively, and new subsections (4), (10)
60 and (13) are added to that section, to read:
61 83.43 Definitions.—As used in this part, the following
62 words and terms shall have the following meanings unless some
63 other meaning is plainly indicated:
64 (4) “Cooling equipment” means a permanently installed or
65 securely affixed appliance designed to cool indoor air,
66 including a central air-conditioning system, a packaged terminal
67 air-conditioning unit, a mini-split heat pump, or a window air
68 conditioning unit, where permitted by applicable code.
69 (10) “Habitable space” has the same meaning as in the
70 Florida Building Code.
71 (13) “Outdoor heat index” means the apparent temperature
72 derived from ambient air temperature and relative humidity as
73 reported by the National Weather Service for the nearest
74 reporting station.
75 Section 2. Present subsections (3) and (4) of section
76 83.51, Florida Statutes, are redesignated as subsections (4) and
77 (5), respectively, a new subsection (3) is added to that
78 section, and paragraph (a) of subsection (2) of that section is
79 amended, to read:
80 83.51 Landlord’s obligation to maintain premises.—
81 (2)(a) Unless otherwise agreed in writing, in addition to
82 the requirements of subsection (1), the landlord of a dwelling
83 unit other than a single-family home or duplex shall, at all
84 times during the tenancy, make reasonable provisions for:
85 1. The extermination of rats, mice, roaches, ants, wood
86 destroying organisms, and bedbugs. If the tenant must vacate the
87 premises for such extermination, the landlord is not liable for
88 damages but must abate the rent. The landlord must provide 7
89 days’ written notice, in person, by mail, or by e-mail in
90 accordance with s. 83.505, to the tenant if the tenant must
91 temporarily vacate the premises for extermination pursuant to
92 this subparagraph. A tenant is only required to vacate the
93 premises for a period of time not to exceed 4 days.
94 2. Locks and keys.
95 3. The clean and safe condition of common areas.
96 4. Garbage removal and outside receptacles therefor.
97 5. Functioning facilities for heat during winter, running
98 water, and hot water.
99 6. Functioning facilities for cooling. Such facilities must
100 consist of cooling equipment that is able to maintain indoor air
101 temperature of 82 degrees Fahrenheit or lower in habitable
102 spaces when the outdoor heat index reaches or exceeds 90 degrees
103 Fahrenheit. Compliance may be achieved through central air
104 conditioning, a packaged terminal air-conditioner, a mini-split
105 heat pump, or a window air-conditioning unit that meets
106 manufacturer installation requirements and that is permitted by
107 applicable code. The landlord shall repair or replace cooling
108 equipment within 3 business days after receiving written notice
109 from the tenant that the cooling equipment is defective or that
110 the indoor air temperature exceeds 82 degrees in habitable
111 spaces, unless the landlord is delayed by supply chain shortages
112 or interruptions.
113 (3)(a) A landlord is not in violation of subparagraph
114 (2)(a)6. during any period in which:
115 1. The tenant unreasonably denies the landlord access to
116 the premises for installation, inspection, or repair of cooling
117 equipment; or
118 2. The cooling equipment is temporarily out of service due
119 to a casualty event or a utility outage not caused by the
120 landlord, provided the landlord commences repairs within 48
121 hours after the end of such event and diligently pursues
122 completion of such repairs.
123 (b) This act does not require cooling equipment where
124 prohibited by a local historic preservation ordinance or other
125 law; however, alternative code-compliant cooling solutions must
126 be provided where feasible.
127 (c) This act may not be construed to preempt or limit a
128 local government from adopting or enforcing more stringent
129 standards relating to functional facilities for cooling.
130 (d) For rental agreements in effect before July 1, 2026, a
131 landlord must comply with subparagraph (2)(a)6. no later than
132 July 1, 2027.
133 Section 3. Paragraphs (f) and (i) of subsection (3) of
134 section 489.105, Florida Statutes, are amended to read:
135 489.105 Definitions.—As used in this part:
136 (3) “Contractor” means the person who is qualified for, and
137 is only responsible for, the project contracted for and means,
138 except as exempted in this part, the person who, for
139 compensation, undertakes to, submits a bid to, or does himself
140 or herself or by others construct, repair, alter, remodel, add
141 to, demolish, subtract from, or improve any building or
142 structure, including related improvements to real estate, for
143 others or for resale to others; and whose job scope is
144 substantially similar to the job scope described in one of the
145 paragraphs of this subsection. For the purposes of regulation
146 under this part, the term “demolish” applies only to demolition
147 of steel tanks more than 50 feet in height; towers more than 50
148 feet in height; other structures more than 50 feet in height;
149 and all buildings or residences. Contractors are subdivided into
150 two divisions, Division I, consisting of those contractors
151 defined in paragraphs (a)-(c), and Division II, consisting of
152 those contractors defined in paragraphs (d)-(q):
153 (f) “Class A air-conditioning contractor” means a
154 contractor whose services are unlimited in the execution of
155 contracts requiring the experience, knowledge, and skill to do
156 all of the following:
157 1. Install, maintain, repair, fabricate, alter, extend, or
158 design, if not prohibited by law, central air-conditioning,
159 refrigeration, heating, and ventilating systems, including duct
160 work in connection with a complete system if such duct work is
161 performed by the contractor as necessary to complete an air
162 distribution system, boiler and unfired pressure vessel systems,
163 and all appurtenances, apparatus, or equipment used in
164 connection therewith, and any duct cleaning and equipment
165 sanitizing that requires at least a partial disassembling of the
166 system . ; to
167 2. Install, maintain, repair, fabricate, alter, extend, or
168 design, if not prohibited by law, piping, insulation of pipes,
169 vessels and ducts, pressure and process piping, and pneumatic
170 control piping . ; to
171 3. Replace, disconnect, or reconnect power wiring on the
172 line or load side of the dedicated existing electrical
173 disconnect switch on single phase electrical systems . ; to
174 4. Repair or replace power wiring, disconnects, breakers,
175 or fuses for dedicated HVAC circuits with proper use of a
176 circuit breaker lock . ; to
177 5. Install, disconnect, and reconnect low voltage heating,
178 ventilating, and air-conditioning control wiring . ; and to
179 6. Install a condensate drain from an air-conditioning unit
180 to an existing safe waste or other approved disposal other than
181 a direct connection to a sanitary system.
182 7. Replace and repair existing package pool heaters and
183 connect replacement package pool heaters to existing pool
184 piping. The replacement of an existing package pool heater must
185 use the same make and model as the existing package pool heater,
186 while also maintaining the flow rate, the connection points, and
187 the heater specifications without modifications to existing pool
188 piping or system components. The replacement or repair of an
189 existing package pool heater does not include any alteration to
190 the pool’s hydraulic system, the addition of bypass valves, the
191 installation of new plumbing, the rerouting of pipes, any change
192 to the pool’s circulation system, or any other modification
193 beyond what is necessary to disconnect and reconnect the unit to
194 the existing piping.
195 8. Perform The scope of work for such contractor also
196 includes any excavation work incidental to work performed in
197 subparagraphs 1.-7., but not thereto, but does not include any
198 work such as liquefied petroleum or natural gas fuel lines
199 within buildings, except for disconnecting or reconnecting
200 changeouts of liquefied petroleum or natural gas appliances
201 within buildings; potable water lines or connections thereto;
202 sanitary sewer lines; swimming pool piping and filters; or
203 electrical power wiring.
204 9. A Class A air-conditioning contractor may Test and
205 evaluate central air-conditioning, refrigeration, heating, and
206 ventilating systems, including duct work; however, a mandatory
207 licensing requirement is not established for the performance of
208 these specific services.
209 (i) “Mechanical contractor” means a contractor whose
210 services are unlimited in the execution of contracts requiring
211 the experience, knowledge, and skill to do all of the following:
212 1. Install, maintain, repair, fabricate, alter, extend, or
213 design, if not prohibited by law, central air-conditioning,
214 refrigeration, heating, and ventilating systems, including duct
215 work in connection with a complete system if such duct work is
216 performed by the contractor as necessary to complete an air
217 distribution system, boiler and unfired pressure vessel systems,
218 lift station equipment and piping, and all appurtenances,
219 apparatus, or equipment used in connection therewith, and any
220 duct cleaning and equipment sanitizing that requires at least a
221 partial disassembling of the system . ; to
222 2. Install, maintain, repair, fabricate, alter, extend, or
223 design, if not prohibited by law, piping, insulation of pipes,
224 vessels and ducts, pressure and process piping, pneumatic
225 control piping, gasoline tanks and pump installations and piping
226 for same, standpipes, air piping, vacuum line piping, oxygen
227 lines, nitrous oxide piping, ink and chemical lines, fuel
228 transmission lines, liquefied petroleum gas lines within
229 buildings, and natural gas fuel lines within buildings . ; to
230 3. Replace, disconnect, or reconnect power wiring on the
231 line or load side of the dedicated existing electrical
232 disconnect switch on single phase electrical systems . ; to
233 4. Repair or replace power wiring, disconnects, breakers,
234 or fuses for dedicated HVAC circuits with proper use of a
235 circuit breaker lock . ; to
236 5. Install, disconnect, and reconnect low voltage heating,
237 ventilating, and air-conditioning control wiring . ; and to
238 6. Install a condensate drain from an air-conditioning unit
239 to an existing safe waste or other approved disposal other than
240 a direct connection to a sanitary system.
241 7. Replace and repair existing package pool heaters and
242 connect replacement package pool heaters to existing pool
243 piping. The replacement of an existing package pool heater must
244 use the same make and model as the existing package pool heater,
245 while also maintaining the flow rate, the connection points, and
246 the heater specifications without modifications to existing pool
247 piping or system components. The replacement or repair of an
248 existing package pool heater does not include any alteration to
249 the pool’s hydraulic system, the addition of bypass valves, the
250 installation of new plumbing, the rerouting of pipes, any change
251 to the pool’s circulation system, or any other modification
252 beyond what is necessary to disconnect and reconnect the unit to
253 the existing piping.
254 8. Perform The scope of work for such contractor also
255 includes any excavation work incidental to work performed in
256 subparagraphs 1.-7., but not thereto, but does not include any
257 work such as potable water lines or connections thereto,
258 sanitary sewer lines, swimming pool piping and filters, or
259 electrical power wiring.
260 9. A mechanical contractor may Test and evaluate central
261 air-conditioning, refrigeration, heating, and ventilating
262 systems, including duct work; however, a mandatory licensing
263 requirement is not established for the performance of these
264 specific services.
265 Section 4. Paragraph (b) of subsection (4) of section
266 489.115, Florida Statutes, is amended to read:
267 489.115 Certification and registration; endorsement;
268 reciprocity; renewals; continuing education.—
269 (4)
270 (b)1. Each certificateholder or registrant shall provide
271 proof, in a form established by rule of the board, that the
272 certificateholder or registrant has completed at least 14
273 classroom hours of at least 50 minutes each of continuing
274 education courses during each biennium since the issuance or
275 renewal of the certificate or registration. The board shall
276 establish by rule that a portion of the required 14 hours must
277 deal with the subject of workers’ compensation, business
278 practices, workplace safety, and, for applicable licensure
279 categories, wind mitigation methodologies, and 1 hour of which
280 must deal with laws and rules. The board shall by rule establish
281 criteria for the approval of continuing education courses and
282 providers, including requirements relating to the content of
283 courses and standards for approval of providers, and may by rule
284 establish criteria for accepting alternative nonclassroom
285 continuing education on an hour-for-hour basis. The board shall
286 prescribe by rule the continuing education, if any, which is
287 required during the first biennium of initial licensure. A
288 person who has been licensed for less than an entire biennium
289 must not be required to complete the full 14 hours of continuing
290 education.
291 2. In addition, the board may approve specialized
292 continuing education courses on compliance with the wind
293 resistance provisions for one and two family dwellings contained
294 in the Florida Building Code and any alternate methodologies for
295 providing such wind resistance which have been approved for use
296 by the Florida Building Commission. Division I
297 certificateholders or registrants who demonstrate proficiency
298 upon completion of such specialized courses may certify plans
299 and specifications for one and two family dwellings to be in
300 compliance with the code or alternate methodologies, as
301 appropriate, except for dwellings located in floodways or
302 coastal hazard areas as defined in ss. 60.3D and E of the
303 National Flood Insurance Program.
304 3. The board shall require, by rule adopted pursuant to ss.
305 120.536(1) and 120.54, a specified number of hours in
306 specialized or advanced module courses, approved by the Florida
307 Building Commission, on any portion of the Florida Building
308 Code, adopted pursuant to part IV of chapter 553, relating to
309 the contractor’s respective discipline.
310 4.a. In addition to courses offered by board-approved
311 providers, the board may award up to 4 hours of general
312 continuing education credit per renewal cycle for professional
313 association engagement that includes:
314 (I) Attendance at an educational meeting, seminar, or
315 workshop conducted by a board-approved professional or trade
316 association relevant to the licensee’s scope of practice,
317 consisting of at least 60 minutes of noncommercial technical
318 content or code, regulatory, safety, workforce, or business
319 practice content; or
320 (II) Documented service during the renewal cycle as a board
321 or standing-committee member of a board-approved professional or
322 trade association.
323 b. Credit awarded under this subparagraph is general credit
324 only and may not be used to satisfy the requisite minimum hours
325 for specialized or advanced modules relating to the Florida
326 Building Code, workplace safety, workers’ compensation, business
327 practices, or wind-mitigation methodologies.
328 c. The board shall adopt rules to implement this
329 subparagraph, including, but not limited to, rules relating to:
330 (I) Definitions;
331 (II) Criteria for professional or trade association
332 approval that includes all of the following:
333 (A) An identification of an association’s nonprofit status.
334 (B) A conflicts-of-interest policy.
335 (C) An evaluation of an association’s published agendas
336 with identified educational content.
337 (D) Accessibility of the trade association’s information or
338 bylaws for nonmembers or guests;
339 (III) Attendance verification for in-person and live
340 virtual formats;
341 (IV) Record retention and audit requirements; and
342 (V) Limitations on the award of credits, restricting award
343 of such credits to not more than 2 hours per calendar day and
344 not more than 1 hour per meeting credited.
345 d. A certificateholder or registrant may not receive credit
346 for time primarily devoted to marketing, sales presentations, or
347 association business unrelated to educational content. Approved
348 associations shall maintain rosters and supporting records for 4
349 years and submit attendance reports to the board in the format
350 prescribed by the department.
351 Section 5. Subsection (6) of section 83.491, Florida
352 Statutes, is amended to read:
353 83.491 Fee in lieu of security deposit.—
354 (6) A fee collected under this section, or an insurance
355 product or a surety bond accepted, by a landlord in lieu of a
356 security deposit is not a security deposit as defined in s.
357 83.43(16) s. 83.43(13) .
358 Section 6. Subsection (1) of section 553.895, Florida
359 Statutes, is amended to read:
360 553.895 Firesafety.—
361 (1) Any transient public lodging establishment, as defined
362 in chapter 509 and used primarily for transient occupancy as
363 defined in s. 83.43(21) s. 83.43(18) , or any timeshare unit of a
364 timeshare plan as defined in chapters 718 and 721, which is of
365 three stories or more and for which the construction contract
366 has been let after September 30, 1983, with interior corridors
367 which do not have direct access from the guest area to exterior
368 means of egress and on buildings over 75 feet in height that
369 have direct access from the guest area to exterior means of
370 egress and for which the construction contract has been let
371 after September 30, 1983, must shall be equipped with an
372 automatic sprinkler system installed in compliance with the
373 provisions prescribed in the National Fire Protection
374 Association publication NFPA No. 13 (1985), “Standards for the
375 Installation of Sprinkler Systems.” Each guest room and each
376 timeshare unit shall be equipped with an approved listed single
377 station smoke detector meeting the minimum requirements of NFPA
378 74 (1984) “Standards for the Installation, Maintenance and Use
379 of Household Fire Warning Equipment,” powered from the building
380 electrical service, notwithstanding the number of stories in the
381 structure, if the contract for construction is let after
382 September 30, 1983. Single-station smoke detectors are shall not
383 be required when guest rooms or timeshare units contain smoke
384 detectors connected to a central alarm system which also alarms
385 locally.
386 Section 7. For the purpose of incorporating the amendment
387 made by this act to section 489.105, Florida Statutes, in a
388 reference thereto, section 403.868, Florida Statutes, is
389 reenacted to read:
390 403.868 Requirements by a utility.—A utility may have more
391 stringent requirements than set by law, including certification
392 requirements for water distribution systems and domestic
393 wastewater collection systems operations, except that a utility
394 may not require a licensed contractor, as defined in s.
395 489.105(3) to have any additional license for work in water
396 distribution systems or domestic wastewater collection systems.
397 Section 8. For the purpose of incorporating the amendment
398 made by this act to section 489.105, Florida Statutes, in a
399 reference thereto, paragraph (b) of subsection (4) of section
400 489.107, Florida Statutes, is reenacted to read:
401 489.107 Construction Industry Licensing Board.—
402 (4) The board shall be divided into two divisions, Division
403 I and Division II.
404 (b) Division II is comprised of the roofing contractor,
405 sheet metal contractor, air-conditioning contractor, mechanical
406 contractor, pool contractor, plumbing contractor, and
407 underground utility and excavation contractor members of the
408 board; one of the members appointed pursuant to paragraph
409 (2)(j); and one of the members appointed pursuant to paragraph
410 (2)(k). Division II has jurisdiction over the regulation of
411 contractors defined in s. 489.105(3)(d)-(p).
412 Section 9. For the purpose of incorporating the amendment
413 made by this act to section 489.105, Florida Statutes, in a
414 reference thereto, subsection (2) of section 489.113, Florida
415 Statutes, is reenacted to read:
416 489.113 Qualifications for practice; restrictions.—
417 (2) A person must be certified or registered in order to
418 engage in the business of contracting in this state. However,
419 for purposes of complying with the provisions of this chapter, a
420 subcontractor who is not certified or registered may perform
421 construction work under the supervision of a person who is
422 certified or registered, provided that the work is within the
423 scope of the supervising contractor’s license, the supervising
424 contractor is responsible for the work, and the subcontractor
425 being supervised is not engaged in construction work that would
426 require a license as a contractor under any of the categories
427 listed in s. 489.105(3)(d)-(o). This subsection does not affect
428 the application of any local construction licensing ordinances.
429 To enforce this subsection:
430 (a) The department shall issue a cease and desist order to
431 prohibit any person from engaging in the business of contracting
432 who does not hold the required certification or registration for
433 the work being performed under this part. For the purpose of
434 enforcing a cease and desist order, the department may file a
435 proceeding in the name of the state seeking issuance of an
436 injunction or a writ of mandamus against any person who violates
437 any provision of such order.
438 (b) A county, municipality, or local licensing board
439 created by special act may issue a cease and desist order to
440 prohibit any person from engaging in the business of contracting
441 who does not hold the required certification or registration for
442 the work being performed under this part.
443 Section 10. For the purpose of incorporating the amendment
444 made by this act to section 489.105, Florida Statutes, in
445 references thereto, paragraph (a) of subsection (1), paragraphs
446 (a) and (b) of subsection (2), and paragraphs (a), (d), and (e)
447 of subsection (4) of section 489.117, Florida Statutes, are
448 reenacted to read:
449 489.117 Registration; specialty contractors.—
450 (1)(a) A person engaged in the business of a contractor as
451 defined in s. 489.105(3)(a)-(o) must be registered before
452 engaging in business as a contractor in this state, unless he or
453 she is certified. Except as provided in paragraph (2)(b), to be
454 initially registered, the applicant must submit the required fee
455 and file evidence of successful compliance with the local
456 examination and licensing requirements, if any, in the area for
457 which registration is desired. An examination is not required
458 for registration.
459 (2)(a) Except as provided in paragraph (b), the board may
460 not issue a new registration after July 1, 1993, based on any
461 certificate of competency or license for a category of
462 contractor defined in s. 489.105(3)(a)-(o) which is issued by a
463 municipal or county government that does not exercise
464 disciplinary control and oversight over such locally licensed
465 contractors, including forwarding a recommended order in each
466 action to the board as provided in s. 489.131(7). For purposes
467 of this subsection and s. 489.131(10), the board shall determine
468 the adequacy of such disciplinary control by reviewing the local
469 government’s ability to process and investigate complaints and
470 to take disciplinary action against locally licensed
471 contractors.
472 (b) The board shall issue a registration to an eligible
473 applicant to engage in the business of a contractor in a
474 specified local jurisdiction, provided each of the following
475 conditions are satisfied:
476 1. The applicant held, in any local jurisdiction in this
477 state during 2021, 2022, or 2023, a certificate of registration
478 issued by the state or a local license issued by a local
479 jurisdiction to perform work in a category of contractor defined
480 in s. 489.105(3)(a)-(o).
481 2. The applicant submits all of the following to the board:
482 a. Evidence of the certificate of registration or local
483 license held by the applicant as required by subparagraph 1.
484 b. Evidence that the specified local jurisdiction does not
485 have a license type available for the category of work for which
486 the applicant was issued a certificate of registration or local
487 license during 2021, 2022, or 2023, such as a notification on
488 the website of the local jurisdiction or an e-mail or letter
489 from the office of the local building official or local building
490 department stating that such license type is not available in
491 that local jurisdiction.
492 c. Evidence that the applicant has submitted the required
493 fee.
494 d. Evidence of compliance with the insurance and financial
495 responsibility requirements of s. 489.115(5).
497 An examination is not required for an applicant seeking a
498 registration under this paragraph.
499 (4)(a)1. A person whose job scope does not substantially
500 correspond to either the job scope of one of the contractor
501 categories defined in s. 489.105(3)(a)-(o), or the job scope of
502 one of the certified specialty contractor categories established
503 by board rule, is not required to register with the board. A
504 local government, as defined in s. 163.211, may not require a
505 person to obtain a license, issued by the local government or
506 the state, for a job scope which does not substantially
507 correspond to the job scope of one of the contractor categories
508 defined in s. 489.105(3)(a)-(o) and (q) or authorized in s.
509 489.1455(1), or the job scope of one of the certified specialty
510 contractor categories established pursuant to s. 489.113(6). A
511 local government may not require a state or local license to
512 obtain a permit for such job scopes. For purposes of this
513 section, job scopes for which a local government may not require
514 a license include, but are not limited to, painting; flooring;
515 cabinetry; interior remodeling when the scope of the project
516 does not include a task for which a state license is required;
517 driveway or tennis court installation; handyman services;
518 decorative stone, tile, marble, granite, or terrazzo
519 installation; plastering; pressure washing; stuccoing; caulking;
520 and canvas awning and ornamental iron installation.
521 2. A county that includes an area designated as an area of
522 critical state concern under s. 380.05 may offer a license for
523 any job scope which requires a contractor license under this
524 part if the county imposed such a licensing requirement before
525 January 1, 2021.
526 3. A local government may continue to offer a license for
527 veneer, including aluminum or vinyl gutters, siding, soffit, or
528 fascia; rooftop painting, coating, and cleaning above three
529 stories in height; or fence installation and erection if the
530 local government imposed such a licensing requirement before
531 January 1, 2021.
532 4. A local government may not require a license as a
533 prerequisite to submit a bid for public works projects if the
534 work to be performed does not require a license under general
535 law.
536 (d) Any person who is not required to obtain registration
537 or certification pursuant to s. 489.105(3)(d)-(o) may perform
538 contracting services for the construction, remodeling, repair,
539 or improvement of single-family residences, including a
540 townhouse as defined in the Florida Building Code, without
541 obtaining a local license if such person is under the
542 supervision of a certified or registered general, building, or
543 residential contractor. As used in this paragraph, supervision
544 shall not be deemed to require the existence of a direct
545 contract between the certified or registered general, building,
546 or residential contractor and the person performing specialty
547 contracting services.
548 (e) Any person who is not certified or registered may
549 perform the work of a specialty contractor whose scope of
550 practice is limited to the type of work specified under s.
551 489.105(3)(j), (k), or (l) for the construction, remodeling,
552 repair, or improvement of commercial or residential swimming
553 pools, interactive water features as defined in the Florida
554 Building Code, hot tubs, and spas without obtaining a local
555 license or certification as a specialty contractor if he or she
556 is supervised by a contractor who is certified or registered
557 under s. 489.105(3)(j), (k), or (l); the work is within the
558 scope of the supervising contractor’s license; the supervising
559 contractor is responsible for the work; and the work does not
560 require certification or registration under s. 489.105(3)(d)
561 (i), (m)-(o), or s. 489.505. Such supervision does not require a
562 direct contract between the contractor certified or registered
563 under s. 489.105(3)(j), (k), or (l) and the person performing
564 the work, or for the person performing the work to be an
565 employee of the contractor certified or registered under s.
566 489.105(3)(j), (k), or (l). This paragraph does not limit the
567 exemptions provided in s. 489.103 and may not be construed to
568 expand the scope of a contractor certified or registered under
569 s. 489.105(3)(j), (k), or (l) to provide plumbing or electrical
570 services for which certification or registration is required by
571 this part or part II.
572 Section 11. For the purpose of incorporating the amendment
573 made by this act to section 489.105, Florida Statutes, in a
574 reference thereto, subsection (1) of section 489.118, Florida
575 Statutes, is reenacted to read:
576 489.118 Certification of registered contractors;
577 grandfathering provisions.—The board shall, upon receipt of a
578 completed application and appropriate fee, issue a certificate
579 in the appropriate category to any contractor registered under
580 this part who makes application to the board and can show that
581 he or she meets each of the following requirements:
582 (1) Currently holds a valid registered local license in one
583 of the contractor categories defined in s. 489.105(3)(a)-(p).
584 Section 12. For the purpose of incorporating the amendment
585 made by this act to section 489.105, Florida Statutes, in a
586 reference thereto, subsection (1) of section 489.126, Florida
587 Statutes, is reenacted to read:
588 489.126 Moneys received by contractors.—
589 (1) For purposes of this section, the term “contractor”
590 includes all definitions as set forth in s. 489.105(3), and any
591 person performing or contracting or promising to perform work
592 described therein, without regard to the licensure of the
593 person.
594 Section 13. For the purpose of incorporating the amendment
595 made by this act to section 489.105, Florida Statutes, in
596 references thereto, subsections (10) and (11) of section
597 489.131, Florida Statutes, are reenacted to read:
598 489.131 Applicability.—
599 (10) No municipal or county government may issue any
600 certificate of competency or license for any contractor defined
601 in s. 489.105(3)(a)-(o) after July 1, 1993, unless such local
602 government exercises disciplinary control and oversight over
603 such locally licensed contractors, including forwarding a
604 recommended order in each action to the board as provided in
605 subsection (7). Each local board that licenses and disciplines
606 contractors must have at least two consumer representatives on
607 that board. If the board has seven or more members, at least
608 three of those members must be consumer representatives. The
609 consumer representative may be any resident of the local
610 jurisdiction who is not, and has never been, a member or
611 practitioner of a profession regulated by the board or a member
612 of any closely related profession.
613 (11) Any municipal or county government which enters or has
614 in place a reciprocal agreement which accepts a certificate of
615 competency or license issued by another municipal or county
616 government in lieu of its own certificate of competency or
617 license allowing contractors defined in s. 489.105(3)(a)-(o),
618 shall file a certified copy of such agreement with the board not
619 later than 60 days after July 1, 1993, or 30 days after the
620 effective date of such agreement.
621 Section 14. For the purpose of incorporating the amendment
622 made by this act to section 489.105, Florida Statutes, in a
623 reference thereto, paragraph (d) of subsection (1) of section
624 489.1402, Florida Statutes, is reenacted to read:
625 489.1402 Homeowners’ Construction Recovery Fund;
626 definitions.—
627 (1) The following definitions apply to ss. 489.140-489.144:
628 (d) “Contractor” means a Division I or Division II
629 contractor performing his or her respective services described
630 in s. 489.105(3).
631 Section 15. For the purpose of incorporating the amendment
632 made by this act to section 489.105, Florida Statutes, in a
633 reference thereto, paragraph (f) of subsection (2) of section
634 489.141, Florida Statutes, is reenacted to read:
635 489.141 Conditions for recovery; eligibility.—
636 (2) A claimant is not qualified to make a claim for
637 recovery from the recovery fund if:
638 (f) The claimant had entered into a contract with a
639 licensee to perform a scope of work described in s.
640 489.105(3)(d)-(q) before July 1, 2016.
641 Section 16. For the purpose of incorporating the amendment
642 made by this act to section 489.105, Florida Statutes, in a
643 reference thereto, section 553.998, Florida Statutes, is
644 reenacted to read:
645 553.998 Compliance.—All ratings must be determined using
646 tools and procedures developed by the systems recognized under
647 this part and must be certified by the rater as accurate and
648 correct and in compliance with procedures of the system under
649 which the rater is certified. The local enforcement agency shall
650 accept duct and air infiltration tests conducted in accordance
651 with the Florida Building Code, 5th Edition (2014) Energy
652 Conservation, by individuals as defined in s. 553.993(5) or (7)
653 or individuals licensed as set forth in s. 489.105(3)(f), (g),
654 or (i). The local enforcement agency may accept inspections in
655 whole or in part by individuals as defined in s. 553.993(5) or
656 (7).
657 Section 17. For the purpose of incorporating the amendment
658 made by this act to section 489.115, Florida Statutes, in a
659 reference thereto, paragraph (a) of subsection (4) of section
660 489.517, Florida Statutes, is reenacted to read:
661 489.517 Renewal of certificate or registration; continuing
662 education.—
663 (4)(a) If a certificateholder or registrant holds a license
664 under both this part and part I and is required to have
665 continuing education courses under s. 489.115(4)(b)1., the
666 certificateholder or registrant may apply those course hours for
667 workers’ compensation, workplace safety, and business practices
668 obtained under part I to the requirements under this part.
669 Section 18. For the purpose of incorporating the amendment
670 made by this act to section 489.115, Florida Statutes, in a
671 reference thereto, subsection (18) of section 553.79, Florida
672 Statutes, is reenacted to read:
673 553.79 Permits; applications; issuance; inspections.—
674 (18) Certifications by contractors authorized under the
675 provisions of s. 489.115(4)(b) shall be considered equivalent to
676 sealed plans and specifications by a person licensed under
677 chapter 471 or chapter 481 by local enforcement agencies for
678 plans review for permitting purposes relating to compliance with
679 the wind resistance provisions of the code or alternate
680 methodologies approved by the commission for one and two family
681 dwellings. Local enforcement agencies may rely upon such
682 certification by contractors that the plans and specifications
683 submitted conform to the requirements of the code for wind
684 resistance. Upon good cause shown, local government code
685 enforcement agencies may accept or reject plans sealed by
686 persons licensed under chapter 471, chapter 481, or chapter 489.
687 A truss-placement plan is not required to be signed and sealed
688 by an engineer or architect unless prepared by an engineer or
689 architect or specifically required by the Florida Building Code.
690 Section 19. This act shall take effect July 1, 2026.