FSPA Legislative Update - the Florida Swimming Pool Association

FSPA Legislative Update
March 10, 2008
Week One Overview
The 2008 Regular Session began with the usual pomp and circumstance—flowers crowding the
desks of both chambers, family members in tow to witness the opening ceremonies and speeches
outlining the goals for the 60-day legislative marathon. Perhaps the most notable difference this
year was the fact that state lawmakers’ first order of business entailed cutting an additional $517
million from the FY 2007-2008 budget. Although somewhat contentious at times, both
chambers approved the cuts—26-14 in the Senate, 75-41 in the House-- mostly along party lines,
and a conference committee was appointed to hammer out the differences before a final vote
next week.
Swimming Pool & Spa Safety
SB 1580 by Rich; HB 963 by Bucher
SB 1580 and its companion are intended to implement the recently-passed federal legislation
entitled the “Virginia Graeme Baker Pool and Spa Safety Act” that provides mandatory federal
requirements for suction entrapment avoidance and establishes a voluntary grant program for
states that meet the minimum requirements of the Act. As currently drafted, section 4 of the bills
would require ALL pools to have either a safety vacuum release system, a suction –limiting vent
system, a gravity drainage system that uses a collector tank , an automatic pump shut-off system,
or a device or system that disables the drain. Presently, FSPA is working with the bill sponsors
to amend section 4 of the bill which is inconsistent with both the federal act and the recently
adopted ANSI/APSP-7 Suction Entrapment Avoidance Standard which becomes effective in
Florida on October 1, 2008.
Florida Building Commission Appointee
SB 560 by Constantine; HB 697 by Aubuchon
FSPA convinced both bill sponsors that the pool industry is in dire need of representation from a
pool contractor on the Florida Building Commission. Among other provisions, both bills seek
to add a pool contractor to the Florida Building Commission. Rather than expand the
Commission to 24-members, the legislation requires the chair of the Commission to be appointed
from amongst the 23 members, rather than having the governor appoint a separate chairman.
Additionally, the bills allow industry and trade associations to recommend candidates to fill their
industry-specific Commission seat. FSPA would recommend the pool industry candidate as
currently written in the bills.
STATUS: SB 560 was amended in S. Community Affairs and passed 9-0. HB 697 was
temporarily postponed on March 6 but will be heard in H. Infrastructure on March 13.
Contracting--Local Discipline
SB 1466 by Aronberg; HB 407 by Chestnut
These bills would grant local licensing officials the authority to impose fines on state-certified
contractors, on top of the disciplinary authority already exercised by the state’s Construction
Industry Licensing Board. In other words, the bills would subject state-certified contractors to
duplicative local authority in a construction industry that is already highly regulated and facing a
recessionary economy. FSPA is working with the Construction Coalition to fight these bad bills.
STATUS: SB 1466 will be heard in S. Regulated Industries on March 11. HB 407 moves to H.
Business Regulation first.

Secondary Metals Theft
SB 556 by Crist & Constantine; HB 105 by Troutman; HB 799 by Adams
This legislation aims to keep dishonest metals dealers from reselling stolen property. The bills
deter theft of valuable metals such as copper by requiring secondary metal dealers to keep
records including name and/or description of person from whom the goods were acquired;
address, workplace, home and work phone numbers; a thumbprint; vehicle information and
photograph; and, videotape or digital image of the regulated metals being sold.
STATUS: SB 556 passed S. Commerce and is now in S. Criminal Justice. HB 105 moved
through Homeland Security & Public Safety, Safety & Security Council and Policy & Budget
Council and is now on the House Calendar awaiting final passage.
Energy
SB 1544 by Saunders; SB 560 by Constantine; PCB ENR-01; HB 697 by Aubuchon, etc.
Energy is the “hot topic” for the 2008 Session and it is too early to tell which bills will make it to
the finish line. There are bills dealing with sustainable and green building, energy efficiency and
conservation, appliance standards, net metering, greenhouse gas emissions, telecommuting,
renewable energy, biofuel and ethanol production, solar energy, wind energy, thermal efficiency
standards, carbon emissions, capture and storage, etc., etc. SB 1544, the governor’s proposal,
was presented by DEP Secretary Mike Sole and workshopped in S. Environmental Protection on
March 6. A revised bill is expected to be released on March 10. The House Energy Committee
also released and discussed their version of the bill on March 5. Likewise, both SB 560 and SB
1544 include increasing the energy performance of buildings subject to the Energy Efficiency
Code for Building Construction by 50% by 2019. Additionally, SB 560 and HB 697 include
adopting the International Energy Conservation Code as the base energy code for Florida.
FSPA is concerned about a provision in section 25 of SB 1544 relating to product
approvals that states: “water heaters for swimming pools such that only such devices that
use solar thermal radiation to heat water may be sold or installed in this state.” FSPA is
lobbying lawmakers on why solar pool heaters are not the panacea for energy efficiency with
respect to heating swimming pools.
Owner/Exemption Certified Pool Service Technician
FSPA has been meeting with legislators to discuss removing the exemption from section
514.075, F.S., which exempts owners of a public pool or their direct employees from having to
be certified as a pool service technician. FSPA has also met with officials from the Dept. of
Health on this topic and continues to look for vehicles to amend the statutes to remove the
exemption. With heavy opposition from hotel, lodging and resort industry, this effort will be an
uphill battle, but one worth fighting for in the name of public safety.
Automatic Renewal Service Contracts
SB 1270 by Wise; HB 569 by McBurney
These bills require automatic renewal provisions in service contracts to be clearly disclosed
between the consumer and the seller and require a notice one month prior to the cancellation
deadline. The bills specify violations and penalties for failure to comply.
STATUS: SB 1270 travels to S. Commerce first; HB 569 was amended and approved by H.
Business Regulation and is now in Jobs & Entrepreneurship Council.

Contracting—Licensure and Bonding
SB 2194 by Aronberg; HB 1005 by Ross
The Construction Coalition is working with the sponsors to substantially amend the bills from
their current form; which would require a $75,000 bond and eliminate the Recovery Fund,
among other provisions. The proposed changes keep the concept of “qualifying agent” and
allow business organizations to have more than one. The certificate of authority (QB license) is
replaced with a streamlined business registration that requires the DBPR to track officers and
directors of registered business organizations. New bond language provides that the CILB is the
obligee and a bond is payable to the Professional Regulation Trust Fund to defray the costs of the
Board’s regulatory functions. A bond shall be required for initial issuance (only new licenses)
for both business registrations and contractors, in the amount of $20,000, and will no longer be
required if there are no lapses and no claims for 3 renewal cycles (6 years). The word “penal” is
eliminated, which implied the bond was some sort of penalty. The Florida Homeowners’
Construction Recovery Fund is not eliminated. Notification to the DBPR of a change is reduced
from 45 to 15 days. FSPA will continue to monitor and take part in Coalition action on this bill
as it moves forward.