Three New Statutes that Take Effect July 1, 2022

Last week, Florida’s governor signed multiple bills in addition to insurance and condominium inspection reform, which will take effect July 1, 2022. Three of these new statutes impact notices of commencement for certain HVAC projects, licensing and permitting requirements for fire alarm system projects, and allowing certain pool work without a license, but with the supervision of a licensed contractor.

Senate Bill 352 - Changing the Dollar Threshold for HVAC Projects to Requires Notices of Commencement

Under 713.13, Florida Statutes, a notice of commencement is required for projects where the direct contract has a price of $2,500.00 or higher. However under 713.135, Florida Statutes, HVAC contractors were not required to provide copies of the notice of commencement to the permitting municipality for jobs with a direct contract price of less than $7,500.00. Effective July 1, 2022, this amount will be increased to $15,000.00, so HVAC contractors will not have to provide a copy of the notice of commencement unless their direct contract is higher than that. Direct contracts are contracts directly between a property owner and the HVAC contractor.

Senate Bill 1140 - Modifications to Governance of Fire Alarm Systems and Agents

This new statute makes several changes to Part II of Chapter 489, Florida Statutes, which governs electrical and low voltage contractors, and Chapter 553, Florida Statutes, which governs building construction standards.

First, section 489.5185, Florida Statutes, is amended to include the following language the reduces the number of hours of initial training from 14 to 2 for fire system agents who already hold certain certifications:

(f) If a person holds a current National Institute of Certification in Engineering Technologies (NICET) Level II certification or higher in Fire Alarm Systems or Inspection and Testing of Fire Alarm Systems, a current certification as an Electronic Security Association (ESA) Certified Fire Alarm Technician, or a current certification as an ESA Certified Fire Alarm Designer, he or she is required to complete only the 2 hours of training in the prevention of false alarms required by paragraph (1)(b) from a board-approved sponsor of training and through a board-approved training course.

The statute is further amended to reduce the amount of continuing education from 6 hours every two years to 2 hours every two years for fire alarm system agents with certain certifications as follows:

(b) A person holding a current NICET Level II certification or higher in Fire Alarm Systems or Inspection and Testing of Fire Alarm Systems, certification as an ESA Certified Fire Alarm Technician, or certification as an ESA Certified Fire Alarm Designer is required to complete only 2 hours of continuing education training in the prevention of false alarms every 2 years from a board-approved sponsor of training and through a board-approved training course.

Second, section 553.7932 is created by the new statute to provide for a more simplified permitting process for fire alarm system projects:

(1) As used in this section, the term:

(a) “Contractor” means a person who is qualified to engage in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the department under part II of chapter 489.

(b) “Fire alarm system project” means a fire alarm system alteration of a total of 20 or fewer initiating devices and notification devices, or the installation or replacement of a fire communicator connected to an existing fire alarm control panel in an existing commercial, residential, apartment, cooperative, or condominium building.

(2)(a) A local enforcement agency may require a contractor, as a condition of obtaining a permit for a fire alarm system project, to submit a completed application and payment.

(b) A local enforcement agency may not require a contractor to submit plans or specifications as a condition of obtaining a permit for a fire alarm system project.

(3) A local enforcement agency must issue a permit for a fire alarm system project in person or electronically.

(4) A local enforcement agency must require at least one inspection of a fire alarm system project to ensure compliance with applicable codes and standards. If a fire alarm system project fails an inspection, the contractor must take corrective action as necessary to pass inspection.

(5) A contractor must keep a copy of the plans and specifications at a fire alarm system project worksite and make such plans and specifications available to the inspector at each inspection.

Senate Bill 222 - Allowing Certain Unlicensed Specialty Pool Contracting Under Supervision

This bill modifies section 489.117, Florida Statutes, to add a new section that allows people who are not certified or registered as a contract to perform the work of a Commercial Pool, Residential Pool, or Swimming Pool Servicing Contractors, without obtaining a local license or certification as a specialty contractor, if they are supervised by a licensed Commercial Pool, Residential Pool, or Swimming Pool Servicing Contractor. The full text of the new statute is below:

(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 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.

All three of these new statues take effect on July 1, 2022.