Florida Legislative Session 2023 Wrap-Up

2023 Florida Legislative Session

Wrap Up

By Dallas Thiesen, FSPA Sr. Dir. of Government Affairs

The 2023 Florida Legislative Session Legislative wrapped up on May 5, 2023. During this session, FSPA maintained an active and influential presence in the Florida Capitol. FSPA was involved in several legislative negotiations, gaining adoption of FSPA supported amendments and further building FSPA’s relationships with key policy makers in Tallahassee.

This year, a total of 1,828 bills were filed, of which 185 were passed by the legislature. So far, Governor DeSantis has signed 73 bills into law, leaving 112 bills remaining for approval or veto by the Governor.

Several bills that will positively affect the Florida swimming pool and spa industry passed this session:

SB 360 by the Senate Judiciary Committee has been passed and approved by Governor DeSantis. SB 360 is a tort reform bill aimed at limiting construction defects claims by reducing the statute of limitations for latent defects claims from 10 years after the issuance of certificate of completion to 7 years after the issuance of the certificate of completion. The new statute of limitations rules for latent construction defects goes into effect on July 1, 2023.

HB 89 by Representative Maggard was passed by the legislature and is waiting for approval by the Governor. HB 89 restricts the ability of building officials and fire marshals to make changes to building plans once a permit has been issued unless the official can show that the change is needed to comply with a requirement of the Florida Building Code.

HB 1383 by Rep. Trabulsy was passed by the legislature and is waiting for approval by the Governor. HB 1383 extends expiration date of local occupational licenses that will be preempted by the State of Florida until July 1, 2024, and directs the CILB to create several specialty license for trades traditionally regulated only by local governments. This bill does not affect Registered Swimming Pool and Spa Contractor’s Licenses or any other swimming pool and spa contractor’s license.

During this legislative session FSPA tracked several bills of interest. The final disposition of all bills that FSPA was tracking and working on is listed below.

2023 Bills Final Disposition

Child Water Safety Requirements – DID NOT PASS

SB 74 by Sen. Ana Maria Rodriguez

HB 1541 by Rep. Chambliss

Requires childcare facilities that provide access to swimming pools or bathing places to have the parents or guardians of children attest in writing whether the child is able to swim or is at risk of injury or death when swimming. Requires that facilities provide US Coast Guard Type II or III personal flotation devices for children unable to swim or at risk of death or injury from swimming when near or interacting with public bathing places or swimming pools. Swim schools are exempted from these requirements.

Status:          

Water Safety – DID NOT PASS

SB 84 by Sen. Ana Maria Rodriguez

Requiring a state park to have a certified lifeguard on duty at designated swimming areas within the park during certain timeframes; requiring the Department of Environmental Protection to install a water rescue station at each designated swimming area; requiring comprehensive age-appropriate and developmentally appropriate 9-12 instruction on water safety, etc.

Status:

Statute of Limitations for Claims on Improvements to Real Property –PASSED & Approved By Governor

SB 360 by Judiciary Committee

HB 85 by Regulatory Reform Subcommittee

Specifies that the Statute of limitations for claims based on improvements to real property starts at the issuance of certificate of occupancy, certificate of completion, or date of abandonment of the project whichever is earliest. The statute of limitations is set for four (4) years generally but limits latent claims based on defect not immediately discoverable at the time of completion to seven (7) years.

Status:

Residential Building Permits – DID NOT PASS

SB 682 by Sen. Nick DiCeglie

HB 671 by Rep. Esposito

Requires local building departments to reduce building permit fees by 75% if a contractor or homeowner elects to use private provider plan review. Reduces the amount of time in which a building department must notify a permit applicant of deficiencies in the application from 10 days to 3 days.

Building Permit Applications to Local Governments – DID NOT PASS

HB 765 by Rep.  Roth

Revises the electronic permit application requirements to include mobile submissions, requires building departments to notice upcoming expiration of permits, requires local governments to list all available permits and necessary documents for permits on their website.

Status:

Building Construction – PASSED

SB 512 by Sen. Ed Hooper

HB 89 by Rep. Randal Maggard

Prohibits building officials from making substantive changes to building plans after permit has been issued; provides exceptions; requires building officials to provide certain information to contractors and property owners; provides that building officials are subject to disciplinary action for failure to meet the information requirements.

The bill originally revised the definition of term "class A air-conditioning contractor" to include an expanded electrical scope of work but that provision was removed before final passage of the bill.

Status:          

Department of Agriculture and Consumer Services – PASSED

SB 1150 by Sen. Blaise Ingoglia

HB 1307 by Rep. Lawrence McClure

Revises the definitions of “Category I liquefied petroleum gas dealer” and “Category V LP gas installer” to include the design of LP and natural gas systems. Revises penalties for theft of LP Gas.

Status:          

Interstate-Mobility and Universal-Recognition Occupational Licensing Act – DID NOT PASS

SB 1364 by Sen. Collins

SB 1366 by Sen. Collins

HB 1333 by Rep. Koster

Requires DBPR Licensing Boards to recognize equivalent out of state occupation licenses for Florida occupational licensing. Allows the board to determine license equivalency via rule. With an amendment by FSPA all applicants for a swimming pool and spa contractor license under this bill must take the appropriate swimming pool trades exam.

Local Occupational Licensing Act – PASSED

SB 1584 by Sen. Keith Perry

SB 1570 by Sen. Ed Hooper

HB 1625 by Rep. Mooney

HB 1383 by Rep. Trabulsy

Extends the local licensing preemption effective date to July 1, 2024 and requires the CILB to establish certain state specialty licenses by July 1, 2024. Will not affect swimming pool and spa contractor licenses.

If you have any questions on these bills or other government affairs issues, please reach out to FSPA Senior Director of Government Affairs Dallas Thiesen at Dallas@FloridaPoolPro.com.