Who counts as a pool contractor (section 489.105)
Florida law has separate definitions for a residential pool and spa contractor, a commercial pool and spa contractor, and a swimming pool and spa servicing contractor. The residential definition covers construction, repair and servicing of a residential pool, including new equipment, interior finishes, package heaters, perimeter and filter piping and equipment rooms. It does not cover direct connections to a sanitary sewer system or to potable water lines.
The statute also separates a certified contractor, who holds a state certificate and may work anywhere in Florida, from a registered contractor, who may contract only in the jurisdiction of the registration. License numbers on company sites start with letters such as CPC, CBC or CGC. The DBPR record, not the website, tells you the exact category and status.
Source: Florida Statutes 2026, section 489.105, read November 6, 2026.
Unlicensed contracts (section 489.128)
The statute says contracts entered into on or after October 1, 1990 by an unlicensed contractor are unenforceable in law or in equity by that contractor, and that no lien or bond claim exists in the unlicensed contractor's favor for its labor, services or materials in the cases the section describes. Whether a contractor is unlicensed is judged at the date of the contract, with fallbacks if no date is stated.
Source: Florida Statutes 2026, section 489.128, read November 6, 2026.
Deposits and idle contractors (section 489.126)
- A contractor who takes more than 10 percent of the price as the first payment for residential work must apply for needed permits within 30 days and start work within 90 days after the permits are issued, unless there is just cause or you agree in writing to a longer time.
- A contractor who has received more money than the value of the work done may not stop work for any 90-day period, or the period the contract sets.
- If the contractor fails, you must send a written demand by certified mail, return receipt requested, to the address in the contract. The statute says it may be inferred that there was no just cause if the contractor does not comply within 30 days after the demand.
Source: Florida Statutes 2026, section 489.126, read November 6, 2026.
A checklist before you sign
- The license number on the contract matches an active record on the DBPR license search, and the business name matches too.
- The contract says who applies for each permit and by what date.
- The payment schedule is tied to finished work, not to dates.
- The contract names the safety feature and gives you the pool safety act notice. (See the barrier guide.)
- Subcontractors for electrical, plumbing and the cage are named, with their license numbers.
- The written warranty says what it covers and for how long.
This is general information, not legal advice. For a dispute, talk to a Florida lawyer or the state consumer agencies.
Frequently asked questions
What if my contractor is not licensed?
Section 489.128 says that, as a matter of public policy, contracts entered into by an unlicensed contractor are unenforceable in law or in equity by that contractor. It also bars lien and bond claims by that contractor in the cases it describes. Read the full section or ask a Florida lawyer about your case.
What is the difference between certified and registered?
A certified contractor has a state certificate of competency and may work in any jurisdiction in the state. A registered contractor has registered with the state after meeting local competency rules and may work only in the area where that registration is issued.
Can I pay half up front?
Section 489.126 says a contractor who takes more than 10 percent as the first payment must apply for permits within 30 days and start work within 90 days after the permits are issued, unless there is just cause or you agree in writing to a longer time. Ask for a payment schedule tied to finished work.