Florida Senate - 2021 SENATOR AMENDMENT
Bill No. CS for SB 268
Ì586938_Î586938
LEGISLATIVE ACTION
Senate . House
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Senator Garcia moved the following:
1 Senate Substitute for Amendment (979060) (with title
2 amendment)
3
4 Delete lines 43 - 141
5 and insert:
6 government licensing of occupations expires on September 30,
7 2024.
8 (b) Any local government licensing of occupations
9 authorized by general law.
10 (3) EXISTING LICENSING LIMIT.—A local government that
11 licenses occupations and retains such licensing as set forth in
12 paragraph (2)(a) may not impose additional licensing
13 requirements on that occupation or modify such licensing.
14 (4) LOCAL LICENSING NOT AUTHORIZED.—Local licensing of an
15 occupation that is not authorized under this section or
16 otherwise authorized by general law does not apply and may not
17 be enforced.
18 (5) APPLICABILITY.—This section does not apply to a county
19 as defined in s. 125.011(1).
20 Section 2. Paragraphs (a) and (d) of subsection (4) of
21 section 489.117, Florida Statutes, are amended, and paragraph
22 (e) is added to that subsection, to read:
23 489.117 Registration; specialty contractors.—
24 (4)(a)1. A person holding a local license whose job scope
25 does not substantially correspond to either the job scope of one
26 of the contractor categories defined in s. 489.105(3)(a)-(o), or
27 the job scope of one of the certified specialty contractor
28 categories established by board rule, is not required to
29 register with the board to perform contracting activities within
30 the scope of such specialty license.
31 2. A local government, as defined in s. 163.211, may not
32 require a person to obtain a license for a job scope which does
33 not substantially correspond to the job scope of one of the
34 contractor categories defined in s. 489.105(3)(a)-(o) and (q) or
35 authorized in s. 489.1455(1). For purposes of this section, job
36 scopes for which a local government may not require a license
37 include, but are not limited to, painting; flooring; cabinetry;
38 interior remodeling; driveway or tennis court installation;
39 handyman services; decorative stone, tile, marble, granite, or
40 terrazzo installation; plastering; stuccoing; caulking; and
41 canvas awning and ornamental iron installation. This
42 subparagraph does not apply to a county as defined in s.
43 125.011(1).
44 (d) Any person who is not required to obtain registration
45 or certification pursuant to s. 489.105(3)(d)-(o) may perform
46 contracting services for the construction, remodeling, repair,
47 or improvement of single-family residences, including a
48 townhouse as defined in the Florida Building Code, and
49 clubhouses or recreation buildings in a residential development
50 without obtaining a local license if such person is under the
51 supervision of a certified or registered general, building, or
52 residential contractor. Such As used in this paragraph,
53 supervision does not shall not be deemed to require the
54 existence of a direct contract between the certified or
55 registered general, building, or residential contractor and the
56 person performing specialty contracting services.
57 (e) Any person who is not required to obtain registration
58 or certification under s. 489.105(3)(d)-(i) or (m)-(o) may
59 perform specialty contracting services for the construction,
60 remodeling, repair, or improvement of commercial or residential
61 swimming pools, hot tubs or spas, or interactive water features,
62 as defined in the Florida Building Code, without obtaining a
63 local contractor license or specialty contractor license if such
64 person is under the supervision of a person who is certified or
65 registered under s. 489.105(3)(j)-(l), provided that the work is
66 within the scope of the supervising contractor’s license. Such
67 supervision does not require a direct contract between a person
68 certified or registered under s. 489.105(3)(j)-(l) and the
69 person performing specialty contracting services.
70 Section 3. Section 489.1455, Florida Statutes, is amended
71 to read:
72 489.1455 Journeyman; reciprocity; standards.—
73 (1) Counties and municipalities are authorized to issue
74 journeyman licenses in the plumbing, pipe fitting, mechanical,
75 or HVAC trades.
76 (2)(1) An individual who holds a valid, active journeyman
77 license in the plumbing, pipe fitting plumbing/pipe fitting,
78 mechanical, or HVAC trades issued by any county or municipality
79 in this state may work as a journeyman in the trade in which he
80 or she is licensed in any county or municipality of this state
81 without taking an additional examination or paying an additional
82 license fee, if he or she:
83 (a) Has scored at least 70 percent, or after October 1,
84 1997, at least 75 percent, on a proctored journeyman Block and
85 Associates examination or other proctored examination approved
86 by the board for the trade in which he or she is licensed;
87 (b) Has completed an apprenticeship program registered with
88 a registration agency defined in 29 C.F.R. s. 29.2 and
89 demonstrates 4 years’ verifiable practical experience in the
90 trade for which he or she is licensed, or demonstrates 6 years’
91 verifiable practical experience in the trade for which he or she
92 is licensed;
93 (c) Has satisfactorily completed specialized and advanced
94 module coursework approved by the Florida Building Commission,
95 as part of the building code training program established in s.
96 553.841, specific to the discipline or, pursuant to
97 authorization by the certifying authority, provides proof of
98 completion of such coursework within 6 months after such
99 certification; and
100 (d) Has not had a license suspended or revoked within the
101 last 5 years.
102 (3)(2) A local government may charge a registration fee for
103 reciprocity, not to exceed $25.
104
105 ================= T I T L E A M E N D M E N T ================
106 And the title is amended as follows:
107 Delete lines 10 - 17
108 and insert:
109 be enforced; providing applicability; amending s.
110 489.117, F.S.; specifying that certain specialty
111 contractors are not required to register with the
112 Construction Industry Licensing Board; prohibiting
113 local governments from requiring certain specialty
114 contractors to obtain a license under specified
115 circumstances; specifying job scopes for which a local
116 government may not require a license; providing
117 applicability; revising the types of buildings for
118 which individuals who are not required to obtain
119 certain registrations or certifications may perform
120 contracting services without a local license under
121 certain circumstances; authorizing certain persons
122 under the supervision of specified licensed
123 contractors to perform certain specialty contracting
124 services for commercial or residential swimming pools,
125 hot tubs or spas, or interactive water features;
126 providing that such supervision does not require a
127 direct contract between those persons; amending s.
128 489.1455, F.S.;