Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS for SB 268
Senate . House
Comm: WD .
The Committee on Rules (Farmer) recommended the following:
1 Senate Amendment (with title amendment)
3 Delete lines 37 - 74
4 and insert:
5 (2) PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE.—The
6 licensing of occupations is expressly preempted to the state and
7 this section supersedes any local government licensing
8 requirement of occupations with the exception of the following:
9 (a) Any local government that imposed licenses on
10 occupations before March 2, 2021.
11 (b) Any local government licensing of occupations
12 authorized by special act or general law.
13 (3) EXISTING LICENSING LIMIT.—A local government that
14 licenses occupations and retains such licensing as set forth in
15 paragraph (2)(a) may not impose additional licensing
16 requirements on that occupation or modify such licensing;
17 however, this subsection does not apply to any requirement
18 relating to the maintenance of liability insurance coverage or
19 workers’ compensation coverage, as applicable.
20 (4) LOCAL LICENSING NOT AUTHORIZED.—Local licensing of an
21 occupation that is not authorized under this section or
22 otherwise authorized by special act or general law does not
23 apply and may not be enforced.
24 Section 2. Paragraph (a) of subsection (4) of section
25 489.117, Florida Statutes, is amended to read:
26 489.117 Registration; specialty contractors.—
27 (4)(a) A person
holding a local license whose job scope
28 does not substantially correspond to either the job scope of one
29 of the contractor categories defined in s. 489.105(3)(a)-(o), or
30 the job scope of one of the certified specialty contractor
31 categories established by board rule, is not required to
32 register with the board to perform contracting activities within
33 the scope of such specialty license. Except as otherwise
34 provided in s. 163.211(2), a local government, as defined in s.
35 163.211(1), may not require a person to obtain a license for a
36 job scope which does not substantially correspond to the job
37 scope of one of the contractor categories defined in s.
38 489.105(3)(a)-(o) and (q) or authorized in s. 489.1455(1). For
39 purposes of this subsection and except as otherwise provided in
40 s. 163.211(2), job scopes for which a local government may not
41 require a license include, but are not limited to, painting;
42 flooring; cabinetry; interior remodeling; driveway or tennis
43 court installation; handyman services; decorative stone, tile,
44 marble, granite, or terrazzo installation; plastering;
45 stuccoing; caulking; and canvas awning and ornamental iron
48 ================= T I T L E A M E N D M E N T ================
49 And the title is amended as follows:
50 Delete lines 8 - 17
51 and insert:
52 met; providing applicability; specifying that certain
53 local licensing that does not meet specified criteria
54 does not apply and may not be enforced; amending s.
55 489.117, F.S.; specifying that certain specialty
56 contractors are not required to register with the
57 Construction Industry Licensing Board; prohibiting
58 local governments from requiring certain specialty
59 contractors to obtain a license under specified
60 circumstances; specifying job scopes for which a local
61 government may not require a license; providing
62 exceptions; amending ss. 489.1455 and 489.5335, F.S.;