Florida Senate - 2023                      CS for CS for SB 1570
       By the Committees on Rules; and Regulated Industries; and
       Senators Hooper and Osgood
       595-04059-23                                          20231570c2
    1                        A bill to be entitled                      
    2         An act relating to local occupational licensing;
    3         amending s. 163.211, F.S.; extending the date on which
    4         certain local government occupational licensing
    5         requirements expire; amending s. 489.113, F.S.;
    6         requiring the Construction Industry Licensing Board,
    7         by a specified date, to establish by rule specified
    8         certified specialty contractor categories for
    9         voluntary licensure; amending s. 489.117, F.S.;
   10         prohibiting local governments from requiring a license
   11         issued by the local government or the state for
   12         certain job scopes; prohibiting local governments from
   13         requiring a license issued by the local government or
   14         the state to obtain a building permit for such job
   15         scopes; providing an exception; authorizing certain
   16         counties to offer licenses for certain job scopes if
   17         the licensing requirement was imposed before a
   18         specified date; prohibiting local governments from
   19         requiring a license as a prerequisite to submit bids
   20         for public works projects under certain circumstances;
   21         providing an effective date.
   23  Be It Enacted by the Legislature of the State of Florida:
   25         Section 1. Paragraph (a) of subsection (2) of section
   26  163.211, Florida Statutes, is amended to read:
   27         163.211 Licensing of occupations preempted to state.—
   29  licensing of occupations is expressly preempted to the state,
   30  and this section supersedes any local government licensing
   31  requirement of occupations with the exception of the following:
   32         (a) Any local government that imposed licenses on
   33  occupations before January 1, 2021. However, any such local
   34  government licensing of occupations expires on July 1, 2024 July
   35  1, 2023.
   36         Section 2. Subsection (6) of section 489.113, Florida
   37  Statutes, is amended to read:
   38         489.113 Qualifications for practice; restrictions.—
   39         (6) The board shall, by rule:,
   40         (a) Designate those types of specialty contractors which
   41  may be certified under this part. The limit of the scope of work
   42  and responsibility of a specialty contractor shall be
   43  established by the board by rule. However, a certified specialty
   44  contractor category established by board rule exists as a
   45  voluntary statewide licensing category and does not create a
   46  mandatory licensing requirement. Any mandatory statewide
   47  construction contracting licensure requirement may only be
   48  established through specific statutory provision.
   49         (b)By July 1, 2024, establish certified specialty
   50  contractor categories for voluntary licensure for all of the
   51  following:
   52         1.Fence installation and erection.
   53         2.Marine bulkhead work.
   54         3.Marine dock work.
   55         4.Marine pile driving.
   56         5.Marine seawall work.
   57         6.Plaster and lath.
   58         7.Rooftop painting, coating, and cleaning above three
   59  stories.
   60         8.Rooftop solar heating installation.
   61         9.Structural aluminum or screen enclosures.
   62         10.Structural carpentry.
   63         11.Structural prestressed, precast concrete work.
   64         12.Structural masonry.
   65         13.Structural steel work.
   66         14.Veneer, including aluminum or vinyl gutters, siding,
   67  soffit, or fascia.
   68         15.Window and door installation, including garage door
   69  installation and hurricane or windstorm protection.
   70         Section 3. Paragraph (a) of subsection (4) of section
   71  489.117, Florida Statutes, is amended to read:
   72         489.117 Registration; specialty contractors.—
   73         (4)(a) A person whose job scope does not substantially
   74  correspond to either the job scope of one of the contractor
   75  categories defined in s. 489.105(3)(a)-(o), or the job scope of
   76  one of the certified specialty contractor categories established
   77  by board rule, is not required to register with the board. A
   78  local government, as defined in s. 163.211, may not require a
   79  person to obtain a license issued by the local government or by
   80  the state for a job scope that which does not substantially
   81  correspond to the job scope of one of the contractor categories
   82  defined in s. 489.105(3)(a)-(o) and (q) or authorized in s.
   83  489.1455(1) or the job scope of one of the certified specialty
   84  contractor categories established pursuant to s. 489.113(6). A
   85  local government may not require a state or local license to
   86  obtain a building permit for such job scopes unless a building
   87  permit is required under the Florida Building Code for the work.
   88  For purposes of this section, job scopes for which a local
   89  government may not require a license include, but are not
   90  limited to, painting; flooring; cabinetry; interior remodeling
   91  if the work does not include structural, electrical, mechanical,
   92  plumbing, or other systems affecting health and safety; driveway
   93  or tennis court installation; handyman services; decorative
   94  stone, tile, marble, granite, or terrazzo installation;
   95  plastering; pressure washing; stuccoing; caulking; and canvas
   96  awning and ornamental iron installation.
   97         1.A county that includes an area designated as an area of
   98  critical state concern pursuant to s. 380.05 may offer a license
   99  for any job scope that requires a contractor license under this
  100  part if the county imposed such a licensing requirement before
  101  January 1, 2021.
  102         2.A local government may not require a license as a
  103  prerequisite to submit a bid for public works projects if the
  104  work to be performed does not require a license under this part.
  105         Section 4. This act shall take effect July 1, 2023.