The 2021 Florida Legislative Session is in its final week.
The legislature fully focusing in on passing the 2021 state budget and
finalizing substantive bills that completed the policy committee process. FSPA
actively advocating for more career and technical education funding in the
budget as well as State funding for swimming lessons and apprenticeship
programs. FSPA continues to fight to a subcontractor licensing
exception for swimming pools subcontractors, negotiations to get SB 338 and HB
1431 over the finish line have resulted in the bill language from SB 338 and HB
1431 being amended into a bill focused on limiting local trade licensing. FSPA is also fighting for the creation of the
Florida Swims License Plate that will help fund the Florida Swims Foundation
and expand the funds available for swimming lessons, the Senate license plate
bill passed the Senate last week and is now awaiting evaluation by the House of
Representatives.
FSPA Bills
Swimming Pool Sub-Contractor Exemption (Jim Walter
Exemption)
SB 338
by Senator Gruters
HB
1431 by Representative McClure
FSPA
Position: SUPPORT
Summary:
Exemption for swimming pool and spa
contractors to the hire of sub-contractors who do not have an occupational
licenses. This is the same exemption
that Florida home builders have enjoyed for years known as the “Jim Walter
Exemption.” Sub-Contractors will now be able to perform work for a license
swimming pool contractor within the scope of that contractor’s license
regardless of the sub-contractors' license status. This bill will not eliminate
Swimming Pool Specialty Subcontractor Licenses, but will simply eliminate the
need for a sub-contractor to be licensed independently of the swimming pool
contractor that hired them.
The language of SB 338 and HB 1431 has now been amended in
to SB 268 as the final bill to carry the swimming pool sub-contractor
exemption.
SB 268
/ HB 735 Summary (Local Licensing Preemption): This
would end local occupational licensing by preempting the creation or
enforcement of occupational licensing by cities and counties.
Bill
Status: SB 268: On
Senate Special Order Calendar 4/26/2021
HB
735: Passed by the House and Received by
Senate
Bill
Status: SB 338: Language Amended into SB 268
HB 1431: No Movement / Language Amended into SB 268
Childhood Learn to Swim Appropriation
HB
3395 by Rep. Elizabeth Fetterhoff and Senator Tom Wright
FSPA
Position: SUPPORT
Summary: $200,000
appropriations request for the Florida Swims Foundation to support and expand
existing childhood learn to swim programs in Broward, Hillsborough, Manatee,
Miami-Dade, Pasco, Volusia, and Pinellas Counties.
The goal of this appropriation is to identify and multiply
the effectiveness of childhood learn to swim programs that have the potential be
scaled up for statewide implementation. This is the first step in FSPA’s goal
of ensuring that every child in Florida has the opportunity to learn to swim
before they enter kindergarten.
Bill
Status: HB 3395: Now in Health Appropriations Subcommittee.
Florida Swims License Plate
SB 676
by Senators Baxley, Harrell, Pizo, Stewart, Berman, Garcia
FSPA
Position: SUPPORT
Summary:
This bill would create a Specialty License
Plate for FSPA’s Florida Swims Foundation. The Plate would provide a consistent
yearly source of income from Specialty License Plate Sales to support the
mission of the Florida Swims Foundation.
Bill
Status: SB 676: Passed Senate 39 YEAS
/ 0 NAYS on 4/22/2021
Bills to Watch
Civil Liability for Damages Relating to COVID-19
SB 72 by
Senator Brandes
HB 7
by Representative McClure
FSPA
Position: SUPPORT
Summary: Will establish special pleading requirements for COVID-19
related injury lawsuits set the standard of negligence and evidence that a
plaintiff must prove to succeed with their claim, and set a statute of
limitations for injury claims related to COVI-19. The goal of these bills is to
protect all business owners and operators from frivolous litigation when
operating their business in good faith compliance with government health
standards during the COVID-19 pandemic.
Bill
Status: SB 72: Approved by the Governor.
HB
7: Laid
on the Table.
Water Safety
SB 358
by Senator Berman
HB
1119 by Representative Daley
FSPA
Position: SUPPORT
Summary: SB
358 and HB 1119, after being amended via committee substitute these bills would
require school districts to provide water safety information and information on
local swimming lesson resources to parents upon the first enrollment of their
children into a Florida school. Prior versions of SB 358 would have required
parents to provide proof swimming lesson completion upon their child’s entry in
to school.
Bill
Status: SB 358: Passed
Senate 40 YEAS / 0 NAYS on 4/21/2021
HB
1119: Now in Education & Employment
Committee / Not heard by Committee.
LP and Natural Gas Local Preemption
SB 856
by Senator Hutson
HB 839
by Representative Fabricio
FSPA
Position: SUPPORT
Summary:
Preempts local governments from regulating energy infrastructure including LP
and Natural Gas.
Bill
Status: SB 856: Laid
on the Table
HB
839: Passed by House and Senate. Ordered
Enrolled 4/26/2021
Unlicensed Contracting
SB 332
by Senator Perry
HB
1169 by Representative Stevenson
FSPA
Position: SUPPORT
Summary: Revises
the criminal penalties for unlicensed contracting or advertising without proper
certification. Offenses worth less than $1000.00 would be charged as a
misdemeanor; offenses between $1,000.00 and $20,000.00 would be charged as third
degree felony; offenses between $20,000.00 and $200,000.00 would be charged as
second-degree felony; and offenses between over $200,000.00 would be charged as
first-degree felony.
Bill
Status: SB 332: No
Movement
HB
1169: No Movement
Occupational Licensing Sunset
SB
344: Senator Diaz
HB 471
by Represented Rizo
FSPA
Position: OPPOSE
Summary: An extreme
set of bills that would sunset all occupational licensees in the state of
Florida at staggered dates unless the legislature reauthorized the licensing
schemes. Under these bills, all construction contracting licensing would sunset
on July 1, 2025.
Bill
Status: SB 344: Now
in Appropriations Committee
HB
471: No
Movement.
HOA Public Pool Exemption
SB 902
by Senator Rodrigues
HB
463: Representative Roach
FSPA
Position: OPPOSE
Summary: Would
create an exemption from Department of Health oversight for community pools
that serve Home Owners Associations with less than 32 single-family parcels.
Bill
Status: SB 902: Laid
on the Table
HB
463: Passed House and Senate. Ordered
Enrolled on 4/22/2021.
Construction Defects
SB 270
by Senator Perry
HB 21:
Representative Andrade
FSPA
Position: SUPPORT
Summary: Would
establish additional requirements for plaintiffs wishing to bring construction
defects lawsuits.
Bill
Status: SB 270: No
Movement.
HB 21: No Movement.
If you have any questions, concerns, or comments these
bills or any other government affairs issue please reach out FSPA Government
Affairs Manager Dallas Thiesen at dallas@floridapoolpro.com or at
941-952-9293.