FSPA's Fight Against Last-Minute Legislation

When legislation threatens an entire industry overnight, swift action becomes the difference between protection and devastation. This week, the Florida Swimming Pool Association (FSPA) faced exactly this scenario—not once, but twice—as dangerous amendments appeared in the final weeks of Florida's legislative session that could have fundamentally altered how pools are built and regulated in the Sunshine State.

The Stealth Attack: Hidden Amendments in Week Seven

In a special breaking news episode of the Talking Pools Podcast, Dallas Theeson, Senior Director of Government Affairs for FSPA, revealed how close the Florida pool industry came to a regulatory disaster. The trouble began when amendments appeared in Senate Bill 712 and House Bill 683 during the seventh week of Florida's nine-week legislative session.

So this was the language that popped up in the seventh week of session. We have a nine week session here in Florida every year. So seven weeks is you're getting really close to the end here. It's not generally the time you see new language, but that's what happened.

— Dallas Theeson, Talking Pools Podcast

The proposed amendment would have expanded existing exemptions for general contractors to include pool wet decks—areas that require specialized knowledge of waterproofing, drainage, and structural integrity around swimming pools. More alarmingly, it would have extended these exemptions to building contractors, a category with more limited qualifications than general contractors.

Currently, Florida general contractors have limited exemptions for pool structural work, primarily used in commercial projects where pools are integrated into larger developments. This existing arrangement, while not perfect, has maintained a balance between efficiency and safety. The new proposal threatened to shatter that balance entirely.

Why Wet Decks Matter More Than You Think

To the untrained eye, a pool deck might seem like simple concrete work. In reality, wet deck construction requires intricate knowledge of waterproofing membranes, proper drainage slopes, expansion joint placement, and integration with pool plumbing and electrical systems. When done incorrectly, wet deck failures can lead to structural damage, water infiltration, and costly repairs that often exceed the original construction cost.

The proposed legislation would have allowed contractors without pool-specific training or licensing to handle these critical components. As Theeson explained, this wasn't driven by industry demand or consumer need, but rather by a single constituent issue.

This was not something that was being put. We didn't have building contractors beating down the halls in Tallahassee saying, hey, we need this. We want this. This was a single constituent issue by a single representative and there was no constituency for this.

— Dallas Theeson, Talking Pools Podcast

FSPA's Lightning-Fast Response

When FSPA discovered the hidden amendments, they immediately mobilized their membership and lobbying team. The association sent alerts to both FSPA members and the complete statewide list of swimming pool contractors, calling for immediate action. The response was swift and decisive—contractors traveled to Tallahassee to testify before the Senate Rules Committee on Monday, April 21st.

Working behind the scenes with their lobbying firm, Converge Public Strategies, FSPA successfully negotiated with bill sponsors to file amendments that would remove the problematic language. By Monday, the Senate Rules Committee stripped the language from SB 712, and by Wednesday, the House followed suit with HB 683.

So amendments were filed ahead of time on both of those that would remove that language. And on Monday, the rules committee removed that language from SB 12. On Wednesday, the house removed that language from HB 683.

— Dallas Theeson, Talking Pools Podcast

The Nuclear Option: HB 991's Industry-Wide Threat

While FSPA was celebrating their victory over the wet deck amendment, an even more devastating bill was advancing through the legislature. House Bill 991 proposed the complete elimination of the Construction Industry Licensing Board (CILB) and the end of continuing education requirements for contractors.

The scope of HB 991 extended far beyond construction, threatening to eliminate every licensing board under Florida's Department of Business and Professional Regulation. This would have affected 32 different professional categories, including realtors, engineers, veterinarians, and harbor pilots—essentially dismantling professional oversight across multiple industries.

The Construction Industry Licensing Board serves as a crucial check and balance in Florida's contractor oversight system. Comprised of governor-appointed volunteers who are practicing professionals in their respective fields, the board handles licensing applications, consumer complaints, and disciplinary actions. Most importantly, it provides transparency and accountability that would be lost in a purely bureaucratic system.

The Human Element in Professional Oversight

Theeson painted a compelling picture of how the current board system works in practice, particularly for borderline licensing cases. When applications fall into a gray area, board members—who are practicing contractors themselves—can interview applicants directly, assess their knowledge, and make nuanced decisions about licensing.

And in those cases I've sat there and I watched the board, they will actually sit there and they will talk to the person who's applying and say, Hey, ask them questions. Do they know what they're talking about?

— Dallas Theeson, Talking Pools Podcast

This human element allows the board to license qualified candidates who might not meet technical requirements on paper while ensuring they're properly supervised once licensed. Under a purely bureaucratic system, these nuanced decisions would disappear, potentially creating more unlicensed contractors who operate outside regulatory oversight.

The Critical Role of Continuing Education

The podcast revealed that continuing education requirements for Florida contractors were implemented after Hurricane Andrew, recognizing that the construction industry evolves rapidly with new materials, techniques, and safety requirements. Eliminating these requirements would freeze contractor knowledge at their initial licensing level, regardless of industry advances.

For pool contractors specifically, continuing education covers evolving areas like energy efficiency, new sanitization technologies, automation systems, and updated safety codes. Without ongoing education requirements, contractors could legally operate with outdated knowledge that compromises both safety and performance.

Lessons for the Industry

FSPA's successful defense against both legislative threats offers several critical lessons for professional associations and industry stakeholders:

• Vigilance is essential: Dangerous amendments can appear in the final weeks of legislative sessions when attention is focused elsewhere
• Rapid mobilization works: Having systems in place to quickly alert members and coordinate responses can make the difference between victory and defeat
• Professional lobbying pays dividends: FSPA's investment in experienced lobbyists who understand the legislative process proved invaluable
• Industry unity matters: The response from pool contractors across Florida demonstrated the power of collective action
• Consumer protection arguments resonate: Framing opposition in terms of public safety and consumer protection proved more effective than purely industry-focused arguments

Looking Forward: Protecting Professional Standards

While FSPA achieved victories on both fronts, the episode highlights ongoing threats to professional licensing and industry standards. The push for deregulation isn't limited to Florida, and other states may face similar challenges to their professional oversight systems.

The pool industry's successful defense demonstrates that organized, informed advocacy can protect professional standards even against well-funded deregulation efforts. However, it also reveals how quickly established protections can be threatened when industry stakeholders aren't paying attention.

For pool professionals nationwide, Florida's experience serves as both a warning and a roadmap. The warning: regulatory protections that took decades to establish can be eliminated overnight. The roadmap: organized industry response, professional lobbying, and member engagement can successfully defend against even the most serious threats.

As the construction industry continues to evolve and face regulatory challenges, FSPA's fight against last-minute legislation proves that professional associations play a vital role in protecting both industry standards and consumer safety. The victory in Florida isn't just about pools—it's about maintaining the professional expertise and accountability that protect consumers across all construction disciplines.

Episode Chapters

• 00:00 Introduction and Programming Update
• 02:30 The Wet Deck Amendment Crisis
• 08:45 FSPA's Legislative Response
• 12:15 Victory on Senate Bill 712
• 14:30 The HB 991 Threat
• 18:00 Construction Industry Licensing Board Role
• 22:30 Impact of Eliminating Continuing Education
• 26:45 Looking Forward