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CEPCOT CORP. v. DEPARTMENT OF BUSINESS

No. 94-02333.

658 So.2d 1092 (1995)

CEPCOT CORPORATION, Appellant/Cross-Appellee, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD, Appellee, v. Florida Pool and Spa Association, Inc., d/b/a National Spa and Pool Institute Region VII, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 15, 1995.

Attorney(s) appearing for the Case

Michael S. Hooker and Guy P. McConnell of Glenn Rasmussen & Fogarty, Tampa, for appellant/cross-appellee.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Stuart F. Wilson-Patton, Asst. Atty. Gen., Tampa, for appellee.

R. Michael Underwood of Rutledge, Ecenia, Underwood, Purnell & Hoffman, P.A., Tallahassee, for appellee/cross-appellant.

ALTENBERND, Judge.

The narrow legal issue on appeal is whether a person who performs routine swimming pool cleaning is a "contractor" for the purposes of chapter 489, Florida Statutes (1993). We hold that such a person is not a contractor.

Cepcot Corporation (Cepcot) owns and operates several pool supply stores in Florida. Its business includes a division that repairs damaged pools and replaces parts in broken water treatment systems. Cepcot admits that a...

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