Florida Senate - 2024                             CS for SB 1142
       By the Committee on Fiscal Policy; and Senator Hooper
       594-03078-24                                          20241142c1
    1                        A bill to be entitled                      
    2         An act relating to occupational licensing; amending s.
    3         489.117, F.S.; requiring the Construction Industry
    4         Licensing Board within the Department of Business and
    5         Professional Regulation to issue registrations to
    6         eligible persons under certain circumstances;
    7         providing that the board is responsible for
    8         disciplining such licensees; requiring the board to
    9         make licensure and disciplinary information available
   10         through the automated information system; providing
   11         for the fees for the issuance of the registrations and
   12         renewal registrations; requiring the department to
   13         provide specified license, renewal, and cancellation
   14         notices; conforming provisions to changes made by the
   15         act; providing an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Paragraphs (a) and (b) of subsection (1) and
   20  subsection (2) of section 489.117, Florida Statutes, are amended
   21  to read:
   22         489.117 Registration; specialty contractors.—
   23         (1)(a) A Any person engaged in the business of a contractor
   24  as defined in s. 489.105(3)(a)-(o) must be registered before
   25  engaging in business as a contractor in this state, unless he or
   26  she is certified. Except as provided in paragraph (2)(b), to be
   27  initially registered, the applicant must shall submit the
   28  required fee and file evidence of successful compliance with the
   29  local examination and licensing requirements, if any, in the
   30  area for which registration is desired. An examination is not
   31  required for registration.
   32         (b) Registration allows the registrant to engage in
   33  contracting only in the counties, municipalities, or development
   34  districts where he or she has complied with all local licensing
   35  requirements, if any, and only for the type of work covered by
   36  the registration.
   37         (2)(a)Except as provided in paragraph (b), the board may
   38  not issue a No new registration may be issued by the board after
   39  July 1, 1993, based on any certificate of competency or license
   40  for a category of contractor defined in s. 489.105(3)(a)-(o)
   41  which is issued by a municipal or county government that does
   42  not exercise disciplinary control and oversight over such
   43  locally licensed contractors, including forwarding a recommended
   44  order in each action to the board as provided in s. 489.131(7).
   45  For purposes of this subsection and s. 489.131(10), the board
   46  shall determine the adequacy of such disciplinary control by
   47  reviewing the local government’s ability to process and
   48  investigate complaints and to take disciplinary action against
   49  locally licensed contractors.
   50         (b)The board shall issue a registration to an eligible
   51  applicant to engage in the business of a contractor in a
   52  specified local jurisdiction, provided each of the following
   53  conditions are satisfied:
   54         1.The applicant held, in any local jurisdiction in this
   55  state during 2021, 2022, or 2023, a certificate of registration
   56  issued by the state or a local license issued by a local
   57  jurisdiction to perform work in a category of contractor defined
   58  in s. 489.105(3)(a)-(o).
   59         2.The applicant submits all of the following to the board:
   60         a.Evidence of the certificate of registration or local
   61  license held by the applicant as required by subparagraph 1.
   62         b.Evidence that the specified local jurisdiction does not
   63  have a license type available for the category of work for which
   64  the applicant was issued a certificate of registration or local
   65  license during 2021, 2022, or 2023, such as a notification on
   66  the website of the local jurisdiction or an e-mail or letter
   67  from the office of the local building official or local building
   68  department stating that such license type is not available in
   69  that local jurisdiction.
   70         c.Evidence that the applicant has submitted the required
   71  fee.
   72         d.Evidence of compliance with the insurance and financial
   73  responsibility requirements of s. 489.115(5).
   75  An examination is not required for an applicant seeking a
   76  registration under this paragraph.
   77         (c)The board is responsible for disciplining licensees
   78  issued a registration under paragraph (b). The board shall make
   79  such licensure and disciplinary information available through
   80  the automated information system provided pursuant to s.
   81  455.2286.
   82         (d)The fees for an applicant seeking a registration under
   83  paragraph (b) and renewal of such registration every 2 years are
   84  the same as the fees established by the board for applications,
   85  registration and renewal, and record making and recordkeeping,
   86  as set forth in s. 489.109. The department shall provide
   87  license, renewal, and cancellation notices pursuant to ss.
   88  455.273 and 455.275.
   89         Section 2. This act shall take effect July 1, 2024.