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61G4-15.032

Published by Angela Smallwood on Oct 24, 2008
5 Signatures 
Target: Florida Department of Business and Professional Regulation
Background (Preamble):
In the past, certain requirements were necessary for licensing as a swimming pool contractor: occupational license, workers comp, general liability insurance, and a competency card. These requirements have recently been changed, unbeknownst to most swimming pool contractors and without their input.

Under Florida Statute 61G4-15.032 Certification of Swimming Pool Specialty Contractors all pool contractors must possess new specialty licenses issued by the Department of Business and Professional Regulation (DBPR) and are in fact unlicensed without these new specialty licenses. Particularly this law affects 7 contractors: (1.) Swimming Pool Layout Specialty Contractor, (2.) Swimming Pool Structural Specialty Contractor, (3.) Swimming Pool Excavation Specialty Contractor, (4.) Swimming Pool Trim Specialty Contractor, (5.) Swimming Pool Decking Specialty Contractor, (6.) Swimming Pool Piping Specialty Contractor, (7.) Swimming Pool Finishes Specialty Contractor. This is a state license that all contractors must posses in their area of specialty regardless of their county or their county’s opinions on licensing. Heavy fines, revocation of licenses or incarceration are and have been enforced by the department. However, there are no written tests available for these specialties, only a state certified proctored exam given on jobsite, which is ultimately biased by the nature of the examination.

This licensing change not only affects these swimming pool contractors, but also their employees, product manufactures, chemical companies, insurance qualifications, and their livelihoods with loss of major revenue for County, State and Government.

Moreover, this licensing alteration sates that these specialty contractors are no longer permitted to work with or for the Public (Homeowners). Homeowner/Consumers can only work with Builders, who ultimately sub-contract the jobs to licensed contractors, making the total job cost more. Most of the Public is well informed that subs are licensed contractors and can be hired directly, saving them money. Dictating that the Public can only work through Builders will now drive up the cost of work during a unstable economic crisis. However there is still a the danger of a Builder going out of business, not paying their subs and homeowners ending up with liens on their houses. This is a move to ensure that a few select builders will receive the work when little work is available, cutting out the contractors with devastating results to the financial well being of many.
Petition:
We, the undersigned, call on the Department of Business and Professional Regulation of Florida to abolish statute 61G4-15.032 certification of swimming pool specialty contractors and other related legislation altering the prevailing system of licensing in each county.

Furthermore, we call for hearings to properly ensure that current contractors are protected from unannounced licensing changes and their long term ramifications.

We wholeheartedly feel this legislation is a direct attack on the livelihood of many contractors and restricting the Publics ability to work with whom they chose is a direct violation of free enterprise.

The 61G4-15.032 petition to Florida Department of Business and Professional Regulation was written by Angela Smallwood and is in the category Law Reform at GoPetition. Contact author here. Petition tags:

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