Florida Senate - 2020                             CS for SB 1336
       
       
        
       By the Committee on Community Affairs; and Senator Perry
       
       
       
       
       
       578-03061-20                                          20201336c1
    1                        A bill to be entitled                      
    2         An act relating to preemption of local occupational
    3         licensing; creating s. 163.21, F.S.; defining terms;
    4         preempting licensing of occupations to the state;
    5         providing exceptions; prohibiting local governments
    6         from imposing additional licensing requirements or
    7         modifying licensing unless specified conditions are
    8         met; specifying that certain local licensing that does
    9         not meet specified criteria does not apply and may not
   10         be enforced; providing construction; amending s.
   11         489.117, F.S.; specifying that certain specialty
   12         contractors are not required to register with the
   13         Construction Industry Licensing Board; prohibiting
   14         local governments from requiring certain specialty
   15         contractors to obtain a license under specified
   16         circumstances; specifying job scopes for which a local
   17         government may not require a license; amending ss.
   18         489.1455 and 489.5335, F.S.; authorizing counties and
   19         municipalities to issue certain journeyman licenses;
   20         providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 163.21, Florida Statutes, is created to
   25  read:
   26         163.21Licensing of occupations preempted to state.—
   27         (1)DEFINITIONS.As used in this section:
   28         (a)“Licensing” means any training, education, test,
   29  certification, registration, or license that is required for a
   30  person to perform an occupation in addition to any associated
   31  fee.
   32         (b)“Local government” means a county, municipality,
   33  special district, or political subdivision of the state.
   34         (c)“Occupation” means a paid job, profession, work, line
   35  of work, trade, employment, position, post, career, field,
   36  vocation, or craft.
   37         (2)PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE.The
   38  licensing of occupations is expressly preempted to the state and
   39  this section supersedes any local government licensing
   40  requirement of occupations with the exception of the following:
   41         (a)Any local government that imposed licenses on
   42  occupations before October 1, 2020.
   43         (b)Any local government licensing of occupations
   44  authorized by general law.
   45         (3)EXISTING LICENSING LIMIT.A local government that
   46  licenses occupations and retains such licensing as set forth in
   47  paragraph (2)(a) may not impose additional licensing
   48  requirements on that occupation or modify such licensing.
   49         (4)LOCAL LICENSING NOT AUTHORIZED.—Local licensing of an
   50  occupation that is not authorized under this section or
   51  otherwise authorized by general law does not apply and may not
   52  be enforced.
   53  
   54  Nothing in this section is intended to prevent or restrict a
   55  local government’s ability to enact residency requirements for
   56  licenses or licensees.
   57         Section 2. Paragraph (a) of subsection (4) of section
   58  489.117, Florida Statutes, is amended to read:
   59         489.117 Registration; specialty contractors.—
   60         (4)(a) A person holding a local license whose job scope
   61  does not substantially correspond to either the job scope of one
   62  of the contractor categories defined in s. 489.105(3)(a)-(o), or
   63  the job scope of one of the certified specialty contractor
   64  categories established by board rule, is not required to
   65  register with the board to perform contracting activities within
   66  the scope of such specialty license. A local government, as
   67  defined in s. 163.21(1), may not require a person to obtain a
   68  license for a job scope which does not substantially correspond
   69  to the job scope of one of the contractor categories defined in
   70  s. 489.105(3)(a)-(o) and (q) or authorized in s. 489.1455(1).
   71  For purposes of this section, job scopes for which a local
   72  government may not require a license include, but are not
   73  limited to, painting, flooring, cabinetry, interior remodeling,
   74  driveway or tennis court installation, decorative stone, tile,
   75  marble, granite, or terrazzo installation, plastering,
   76  stuccoing, caulking, canvas awning, and ornamental iron
   77  installation.
   78         Section 3. Section 489.1455, Florida Statutes, is amended
   79  to read:
   80         489.1455 Journeyman; reciprocity; standards.—
   81         (1)Counties and municipalities are authorized to issue
   82  journeyman licenses in the plumbing, pipe fitting, mechanical,
   83  or HVAC trades.
   84         (2)(1) An individual who holds a valid, active journeyman
   85  license in the plumbing, pipe fitting plumbing/pipe fitting,
   86  mechanical, or HVAC trades issued by any county or municipality
   87  in this state may work as a journeyman in the trade in which he
   88  or she is licensed in any county or municipality of this state
   89  without taking an additional examination or paying an additional
   90  license fee, if he or she:
   91         (a) Has scored at least 70 percent, or after October 1,
   92  1997, at least 75 percent, on a proctored journeyman Block and
   93  Associates examination or other proctored examination approved
   94  by the board for the trade in which he or she is licensed;
   95         (b) Has completed an apprenticeship program registered with
   96  a registration agency defined in 29 C.F.R. s. 29.2 and
   97  demonstrates 4 years’ verifiable practical experience in the
   98  trade for which he or she is licensed, or demonstrates 6 years’
   99  verifiable practical experience in the trade for which he or she
  100  is licensed;
  101         (c) Has satisfactorily completed specialized and advanced
  102  module coursework approved by the Florida Building Commission,
  103  as part of the building code training program established in s.
  104  553.841, specific to the discipline or, pursuant to
  105  authorization by the certifying authority, provides proof of
  106  completion of such coursework within 6 months after such
  107  certification; and
  108         (d) Has not had a license suspended or revoked within the
  109  last 5 years.
  110         (3)(2) A local government may charge a registration fee for
  111  reciprocity, not to exceed $25.
  112         Section 4. Section 489.5335, Florida Statutes, is amended
  113  to read:
  114         489.5335 Journeyman; reciprocity; standards.—
  115         (1)Counties and municipalities are authorized to issue
  116  journeyman licenses in the electrical and alarm system trades.
  117         (2)(1) An individual who holds a valid, active journeyman
  118  license in the electrical or alarm system trade issued by any
  119  county or municipality in this state may work as a journeyman in
  120  the trade in which he or she is licensed in any other county or
  121  municipality of this state without taking an additional
  122  examination or paying an additional license fee, if he or she:
  123         (a) Has scored at least 70 percent, or after October 1,
  124  1997, at least 75 percent, on a proctored journeyman Block and
  125  Associates examination or other proctored examination approved
  126  by the board for the electrical trade in which he or she is
  127  licensed;
  128         (b) Has completed an apprenticeship program registered with
  129  a registration agency defined in 29 C.F.R. s. 29.2 and
  130  demonstrates 4 years’ verifiable practical experience in the
  131  electrical trade for which he or she is licensed, or
  132  demonstrates 6 years’ verifiable practical experience in the
  133  electrical trade for which he or she is licensed;
  134         (c) Has satisfactorily completed specialized and advanced
  135  module coursework approved by the Florida Building Commission,
  136  as part of the building code training program established in s.
  137  553.841, specific to the discipline, or, pursuant to
  138  authorization by the certifying authority, provides proof of
  139  completion of such curriculum or coursework within 6 months
  140  after such certification; and
  141         (d) Has not had a license suspended or revoked within the
  142  last 5 years.
  143         (3)(2) A local government may charge a registration fee for
  144  reciprocity, not to exceed $25.
  145         Section 5. This act shall take effect July 1, 2020.