SB 710 full text · Session Watch

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.

28 Be It Enacted by the Legislature of the State of Florida:

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.

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).

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.