Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 268
       
       
       
       
       
       
                                Ì815936EÎ815936                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/06/2021           .                                
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       The Committee on Rules (Farmer) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    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
   46  installation.
   47  
   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.;