HB 801 — Air-Conditioning and Mechanical Contractors

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hb801-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 801 2025 4.

InstallReplace and repair existing package pool heaters;heaters and connect replacement package pool heaters to existing pool piping.

connectThe replacement of an existing package pool heatersheater tomust use the same make and model as the existing package pool piping;heater.

install,This repair,includes andmaintaining replacethe existingflow equipment,rate, includingconnection cleaningpoints, orand equipmentheater Pagespecifications 3without ofmodifications 20to CODING:existing pool piping or system components.

The replacement or repair of an existing package pool heater does not include alterations to the pool's hydraulic system, the addition of bypass valves, the installation of new plumbing, the rerouting of pipes, any changes to the pool's circulation system, or any other modifications beyond what is necessary to disconnect and reconnect the unit to the existing piping.

8.

Perform The scope of work for such contractor also includes any excavation work incidental to work performed in subparagraphs 1.-7., but not thereto, but does not include any work such as liquefied petroleum or natural gas fuel lines Page 3 of 6 CODING:

hb801-00hb801-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 801 2025 sanitizingwithin thatbuildings, requiresexcept atfor leastdisconnecting aor partialreconnecting disassembly,changeouts excluding filter changes and the installation of newliquefied poolpetroleum or spanatural equipmentgas andappliances interiorwithin finishes;buildings;

install all perimeter piping and filter piping;

and construct equipment rooms or housing for pool or spa equipment.

8.

Perform The scope of work for such contractor also includes any excavation work incidental to work performed in subparagraphs 1.-7., but not thereto, but does not include any work such as liquefied petroleum or natural gas fuel lines within buildings, except for disconnecting or reconnecting changeouts of liquefied petroleum or natural gas appliances within buildings;

Section(i) 2."Mechanical contractor" means a contractor whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to:

Subsection (1) of section 713.135, Florida Statutes, is amended to read:

713.135 Notice of commencement and applicability of lien.— (1) When a person applies for a building permit, the authority issuing such permit shall:

(a) Print on the face of each permit card in no less than Page 4 of 20 CODING:

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hb801-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 801 2025 14-point, capitalized, boldfaced type:

"WARNING TO OWNER:

YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.

A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE SITE OF THE IMPROVEMENT BEFORE THE FIRST INSPECTION.

IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." (b) Provide the applicant and the owner of the real property upon which improvements are to be constructed with a printed statement stating that the right, title, and interest of the person who has contracted for the improvement may be subject to attachment under the Construction Lien Law.

The Department of Business and Professional Regulation shall furnish, for distribution, the statement described in this paragraph, and the statement must be a summary of the Construction Lien Law and must include an explanation of the provisions of the Construction Lien Law relating to the recording, and the posting of copies, of notices of commencement and a statement encouraging the owner to record a notice of commencement and post a copy of the notice of commencement in accordance with s.

713.13.

The statement must also contain an explanation of the owner's rights if a lienor fails to furnish the owner with a notice as provided in s.

713.06(2) and an explanation of the owner's rights as provided in s.

713.22.

The authority that issues the building permit must obtain from the Department of Page 5 of 20 CODING:

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hb801-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 801 2025 Business and Professional Regulation the statement required by this paragraph and must mail, deliver by electronic mail or other electronic format or facsimile, or personally deliver that statement to the owner or, in a case in which the owner is required to personally appear to obtain the permit, provide that statement to any owner making improvements to real property consisting of a single or multiple family dwelling up to and including four units.

However, the failure by the authorities to provide the summary does not subject the issuing authority to liability.

(c) In addition to providing the owner with the statement as required by paragraph (b), inform each applicant who is not the person whose right, title, and interest is subject to attachment that, as a condition to the issuance of a building permit, the applicant must promise in good faith that the statement will be delivered to the person whose property is subject to attachment.

(d) Furnish to the applicant two or more copies of a form of notice of commencement conforming with s.

713.13.

(e) Require the applicant to file with the issuing authority before the first inspection a copy of the notice of commencement if the direct contract is greater than $5,000.

For purposes of this paragraph, the term "copy of the notice of commencement" means a certified copy of the recorded notice of commencement, a notarized statement that the notice of Page 6 of 20 CODING:

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hb801-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 801 2025 commencement has been filed for recording along with a copy thereof, or the clerk's office's official records identifying information that includes the instrument number for the notice of commencement or the number and page of book where the notice of commencement is recorded, as identified by the clerk.

InInstall, themaintain, absencerepair, offabricate, thealter, filingextend, ofor adesign, copyif ofnot theprohibited noticeby oflaw, commencement,central theair-conditioning, issuingrefrigeration, authorityheating, orand aventilating privatesystems, providerincluding performingduct inspectionwork servicesin mayconnection notwith performa orcomplete approvesystem subsequentif inspectionssuch untilduct thework applicantis filesperformed by mail,the facsimile,contractor handas delivery,necessary to complete an air- distribution system, boiler and unfired pressure vessel systems, lift station equipment and piping, and all appurtenances, apparatus, or equipment used in connection therewith, and any otherduct meanscleaning suchand copyequipment withsanitizing thethat issuingrequires authority.at least a partial disassembling of the system.;

to 2.

TheInstall, copymaintain, ofrepair, thefabricate, noticealter, ofextend, commencementor mustdesign, containif thenot nameprohibited andby addresslaw, ofpiping, theinsulation owner, the name and address of thepipes, contractor,Page and4 the location or address of the6 propertyCODING: being improved.

The issuing authority shall verify that the name and address of the owner, the name of the contractor, and the location or address of the property being improved which is contained in the copy of the notice of commencement is consistent with the information in the building permit application.

3.

The issuing authority shall provide the recording information on the copy of the notice of commencement to any person upon request.

4.

This paragraph does not require the recording of a notice of commencement before the issuance of a building permit.

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hb801-00hb801-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 801 2025 Ifvessels aand localducts, governmentpressure requiresand aprocess separatepiping, permitpneumatic orcontrol inspectionpiping, forgasoline installationtanks ofand temporarypump electricalinstallations serviceand orpiping otherfor temporarysame, utilitystandpipes, service,air landpiping, clearing,vacuum orline otherpiping, preliminaryoxygen sitelines, work,nitrous suchoxide permitspiping, mayink be issued and suchchemical inspectionslines, mayfuel betransmission conductedlines, withoutliquefied providingpetroleum thegas issuinglines authoritywithin withbuildings, aand copynatural ofgas thefuel noticelines ofwithin commencement.buildings.;

(f)to Not3. require that a notice of commencement be recorded as a condition of the application for, or processing or issuance of, a building permit.

However,Replace, thisdisconnect, paragraphor doesreconnect notpower modifywiring on the line or waiveload side of the inspectiondedicated requirementsexisting setelectrical forthdisconnect inswitch thison subsection.single phase electrical systems.;

This subsection does not apply to a4. direct contract to repair or replace an existing heating or air-conditioning system in an amount less than $15,000, or a higher amount based on increases in the Consumer Price Index.

SectionRepair 3.or replace power wiring, disconnects, breakers, or fuses for dedicated HVAC circuits with proper use of a circuit breaker lock.;

For the purpose of incorporating the amendment made by this act to section5. 489.105, Florida Statutes, in a reference thereto, section 403.868, Florida Statutes, is reenacted to read:

403.868Install, Requirementsdisconnect, byand areconnect utility.—Alow utilityvoltage mayheating, haveventilating, more stringent requirements than set by law, including certification requirements for water distribution systems and domesticair-conditioning wastewatercontrol collectionwiring.; systems operations, except that a utility may not require a licensed contractor, as defined in s.

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Install a condensate drain from an air-conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system.

7.

Replace and repair existing package pool heaters and connect replacement package pool heaters to existing pool piping.

The replacement of an existing package pool heater must use the same make and model as the existing package pool heater.

This includes maintaining the flow rate, connection points, and heater specifications without modifications to existing pool piping or system components.

The replacement or repair of an existing package pool heater does not include alterations to the Page 5 of 6 CODING:

hb801-00hb801-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 801 2025 489.105(3)pool's hydraulic system, the addition of bypass valves, the installation of new plumbing, the rerouting of pipes, any changes to havethe pool's circulation system, or any additionalother licensemodifications forbeyond workwhat inis waternecessary distributionto systemsdisconnect orand domesticreconnect wastewaterthe collectionunit systems.to the existing piping.

Section8. 4.

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489.1079. Construction Industry Licensing Board.— (4) The board shall be divided into two divisions, Division I and Division II.

(b)A Divisionmechanical IIcontractor ismay comprisedTest ofand theevaluate roofingcentral contractor,air-conditioning, sheetrefrigeration, metalheating, contractor, air-conditioning contractor, mechanical contractor, pool contractor, plumbing contractor, and undergroundventilating utilitysystems, andincluding excavationduct contractorwork; members of the board;

onehowever, ofa themandatory memberslicensing appointedrequirement pursuantis tonot paragraphestablished (2)(j);for the performance of these specific services.

andSection one2. of the members appointed pursuant to paragraph (2)(k).

Division II has jurisdiction over the regulation of contractors defined in s.

489.105(3)(d)-(p).

Section 5.

For the purpose of incorporating the amendment made by this act to section 489.105, Florida Statutes, in a reference thereto, subsection (2) of section 489.113, Florida Statutes, is reenacted to read:

489.113 Qualifications for practice;

restrictions.— (2) A person must be certified or registered in order to engage in the business of contracting in this state.

However, for purposes of complying with the provisions of this chapter, a Page 9 of 20 CODING:

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hb801-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 801 2025 subcontractor who is not certified or registered may perform construction work under the supervision of a person who is certified or registered, provided that the work is within the scope of the supervising contractor's license, the supervising contractor is responsible for the work, and the subcontractor being supervised is not engaged in construction work that would require a license as a contractor under any of the categories listed in s.

489.105(3)(d)-(o).

This subsection does not affect the application of any local construction licensing ordinances.

To enforce this subsection:

(a) The department shall issue a cease and desist order to prohibit any person from engaging in the business of contracting who does not hold the required certification or registration for the work being performed under this part.

For the purpose of enforcing a cease and desist order, the department may file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person who violates any provision of such order.

(b) A county, municipality, or local licensing board created by special act may issue a cease and desist order to prohibit any person from engaging in the business of contracting who does not hold the required certification or registration for the work being performed under this part.

Section 6.

For the purpose of incorporating the amendment made by this act to section 489.105, Florida Statutes, in a Page 10 of 20 CODING:

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hb801-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 801 2025 reference thereto, paragraph (a) of subsection (1), paragraphs (a) and (b) of subsection (2), and paragraphs (a), (d), and (e) of subsection (4) of section 489.117, Florida Statutes, are reenacted to read:

489.117 Registration;

specialty contractors.— (1)(a) A person engaged in the business of a contractor as defined in s.

489.105(3)(a)-(o) must be registered before engaging in business as a contractor in this state, unless he or she is certified.

Except as provided in paragraph (2)(b), to be initially registered, the applicant must submit the required fee and file evidence of successful compliance with the local examination and licensing requirements, if any, in the area for which registration is desired.

An examination is not required for registration.

(2)(a) Except as provided in paragraph (b), the board may not issue a new registration after July 1, 1993, based on any certificate of competency or license for a category of contractor defined in s.

489.105(3)(a)-(o) which is issued by a municipal or county government that does not exercise disciplinary control and oversight over such locally licensed contractors, including forwarding a recommended order in each action to the board as provided in s.

489.131(7).

For purposes of this subsection and s.

489.131(10), the board shall determine the adequacy of such disciplinary control by reviewing the local government's ability to process and investigate complaints and Page 11 of 20 CODING:

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hb801-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 801 2025 to take disciplinary action against locally licensed contractors.

(b) The board shall issue a registration to an eligible applicant to engage in the business of a contractor in a specified local jurisdiction, provided each of the following conditions are satisfied:

1.

The applicant held, in any local jurisdiction in this state during 2021, 2022, or 2023, a certificate of registration issued by the state or a local license issued by a local jurisdiction to perform work in a category of contractor defined in s.

489.105(3)(a)-(o).

2.

The applicant submits all of the following to the board:

a.

Evidence of the certificate of registration or local license held by the applicant as required by subparagraph 1.

b.

Evidence that the specified local jurisdiction does not have a license type available for the category of work for which the applicant was issued a certificate of registration or local license during 2021, 2022, or 2023, such as a notification on the website of the local jurisdiction or an e-mail or letter from the office of the local building official or local building department stating that such license type is not available in that local jurisdiction.

c.

Evidence that the applicant has submitted the required fee.

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hb801-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 801 2025 d.

Evidence of compliance with the insurance and financial responsibility requirements of s.

489.115(5).

An examination is not required for an applicant seeking a registration under this paragraph.

(4)(a)1.

A person whose job scope does not substantially correspond to either the job scope of one of the contractor categories defined in s.

489.105(3)(a)-(o), or the job scope of one of the certified specialty contractor categories established by board rule, is not required to register with the board.

A local government, as defined in s.

163.211, may not require a person to obtain a license, issued by the local government or the state, for a job scope which does not substantially correspond to the job scope of one of the contractor categories defined in s.

489.105(3)(a)-(o) and (q) or authorized in s.

489.1455(1), or the job scope of one of the certified specialty contractor categories established pursuant to s.

489.113(6).

A local government may not require a state or local license to obtain a permit for such job scopes.

For purposes of this section, job scopes for which a local government may not require a license include, but are not limited to, painting;

flooring;

cabinetry;

interior remodeling when the scope of the project does not include a task for which a state license is required;

driveway or tennis court installation;

handyman services;

decorative stone, tile, marble, granite, or terrazzo Page 13 of 20 CODING:

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hb801-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 801 2025 installation;

plastering;

pressure washing;

stuccoing;

caulking;

and canvas awning and ornamental iron installation.

2.

A county that includes an area designated as an area of critical state concern under s.

380.05 may offer a license for any job scope which requires a contractor license under this part if the county imposed such a licensing requirement before January 1, 2021.

3.

A local government may continue to offer a license for veneer, including aluminum or vinyl gutters, siding, soffit, or fascia;

rooftop painting, coating, and cleaning above three stories in height;

or fence installation and erection if the local government imposed such a licensing requirement before January 1, 2021.

4.

A local government may not require a license as a prerequisite to submit a bid for public works projects if the work to be performed does not require a license under general law.

(d) Any person who is not required to obtain registration or certification pursuant to s.

489.105(3)(d)-(o) may perform contracting services for the construction, remodeling, repair, or improvement of single-family residences, including a townhouse as defined in the Florida Building Code, without obtaining a local license if such person is under the supervision of a certified or registered general, building, or residential contractor.

As used in this paragraph, supervision Page 14 of 20 CODING:

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hb801-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 801 2025 shall not be deemed to require the existence of a direct contract between the certified or registered general, building, or residential contractor and the person performing specialty contracting services.

(e) Any person who is not certified or registered may perform the work of a specialty contractor whose scope of practice is limited to the type of work specified under s.

489.105(3)(j), (k), or (l) for the construction, remodeling, repair, or improvement of commercial or residential swimming pools, interactive water features as defined in the Florida Building Code, hot tubs, and spas without obtaining a local license or certification as a specialty contractor if he or she is supervised by a contractor who is certified or registered under s.

489.105(3)(j), (k), or (l);

the work is within the scope of the supervising contractor's license;

the supervising contractor is responsible for the work;

and the work does not require certification or registration under s.

489.105(3)(d)- (i), (m)-(o), or s.

489.505.

Such supervision does not require a direct contract between the contractor certified or registered under s.

489.105(3)(j), (k), or (l) and the person performing the work, or for the person performing the work to be an employee of the contractor certified or registered under s.

489.105(3)(j), (k), or (l).

This paragraph does not limit the exemptions provided in s.

489.103 and may not be construed to expand the scope of a contractor certified or registered under Page 15 of 20 CODING:

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hb801-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 801 2025 s.

489.105(3)(j), (k), or (l) to provide plumbing or electrical services for which certification or registration is required by this part or part II.

Section 7.

For the purpose of incorporating the amendment made by this act to section 489.105, Florida Statutes, in a reference thereto, subsection (1) of section 489.118, Florida Statutes, is reenacted to read:

489.118 Certification of registered contractors;

grandfathering provisions.—The board shall, upon receipt of a completed application and appropriate fee, issue a certificate in the appropriate category to any contractor registered under this part who makes application to the board and can show that he or she meets each of the following requirements:

(1) Currently holds a valid registered local license in one of the contractor categories defined in s.

489.105(3)(a)- (p).

Section 8.

For the purpose of incorporating the amendment made by this act to section 489.105, Florida Statutes, in a reference thereto, subsection (1) of section 489.126, Florida Statutes, is reenacted to read:

489.126 Moneys received by contractors.— (1) For purposes of this section, the term "contractor" includes all definitions as set forth in s.

489.105(3), and any person performing or contracting or promising to perform work described therein, without regard to the licensure of the Page 16 of 20 CODING:

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hb801-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 801 2025 person.

Section 9.

For the purpose of incorporating the amendment made by this act to section 489.105, Florida Statutes, in a reference thereto, subsections (10) and (11) of section 489.131, Florida Statutes, are reenacted to read:

489.131 Applicability.— (10) No municipal or county government may issue any certificate of competency or license for any contractor defined in s.

489.105(3)(a)-(o) after July 1, 1993, unless such local government exercises disciplinary control and oversight over such locally licensed contractors, including forwarding a recommended order in each action to the board as provided in subsection (7).

Each local board that licenses and disciplines contractors must have at least two consumer representatives on that board.

If the board has seven or more members, at least three of those members must be consumer representatives.

The consumer representative may be any resident of the local jurisdiction who is not, and has never been, a member or practitioner of a profession regulated by the board or a member of any closely related profession.

(11) Any municipal or county government which enters or has in place a reciprocal agreement which accepts a certificate of competency or license issued by another municipal or county government in lieu of its own certificate of competency or license allowing contractors defined in s.

489.105(3)(a)-(o), Page 17 of 20 CODING:

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hb801-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 801 2025 shall file a certified copy of such agreement with the board not later than 60 days after July 1, 1993, or 30 days after the effective date of such agreement.

Section 10.

For the purpose of incorporating the amendment made by this act to section 489.105, Florida Statutes, in a reference thereto, paragraph (d) of subsection (1) of section 489.1402, Florida Statutes, is reenacted to read:

489.1402 Homeowners' Construction Recovery Fund;

definitions.— (1) The following definitions apply to ss.

489.140- 489.144:

(d) "Contractor" means a Division I or Division II contractor performing his or her respective services described in s.

489.105(3).

Section 11.

For the purpose of incorporating the amendment made by this act to section 489.105, Florida Statutes, in a reference thereto, paragraph (f) of subsection (2) of section 489.141, Florida Statutes, is reenacted to read:

489.141 Conditions for recovery;

eligibility.— (2) A claimant is not qualified to make a claim for recovery from the recovery fund if:

(f) The claimant had entered into a contract with a licensee to perform a scope of work described in s.

489.105(3)(d)-(q) before July 1, 2016.

Section 12.

For the purpose of incorporating the amendment Page 18 of 20 CODING:

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hb801-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 801 2025 made by this act to section 489.105, Florida Statutes, in a reference thereto, section 553.998, Florida Statutes, is reenacted to read:

553.998 Compliance.—All ratings must be determined using tools and procedures developed by the systems recognized under this part and must be certified by the rater as accurate and correct and in compliance with procedures of the system under which the rater is certified.

The local enforcement agency shall accept duct and air infiltration tests conducted in accordance with the Florida Building Code, 5th Edition (2014) Energy Conservation, by individuals as defined in s.

553.993(5) or (7) or individuals licensed as set forth in s.

489.105(3)(f), (g), or (i).

The local enforcement agency may accept inspections in whole or in part by individuals as defined in s.

553.993(5) or (7).

Section 13.

For the purpose of incorporating the amendment made by this act to section 489.105, Florida Statutes, in a reference thereto, subsection (2) of section 877.02, Florida Statutes, is reenacted to read:

877.02 Solicitation of legal services or retainers therefor;

penalty.— (2) It shall be unlawful for any person in the employ of or in any capacity attached to any hospital, sanitarium, police department, wrecker service or garage, prison or court, for a person authorized to furnish bail bonds, investigators, Page 19 of 20 CODING:

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hb801-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 801 2025 photographers, insurance or public adjusters, or for a general or other contractor as defined in s.

489.105 or other business providing sinkhole remediation services, to communicate directly or indirectly with any attorney or person acting on said attorney's behalf for the purpose of aiding, assisting, or abetting such attorney in the solicitation of legal business or the procurement through solicitation of a retainer, written or oral, or any agreement authorizing the attorney to perform or render legal services.

Section 14.

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