2024 Legislature                   CS for SB 1142, 1st Engrossed
    2         An act relating to occupational licensing; amending s.
    3         163.211, F.S.; extending the date on which certain
    4         local government occupational licensing requirements
    5         expire; amending s. 489.113, F.S.; extending the date
    6         by which the Construction Industry Licensing Board
    7         within the Department of Business and Professional
    8         Regulation is required to establish by rule specified
    9         certified specialty contractor categories for
   10         voluntary licensure; amending s. 489.117, F.S.;
   11         requiring the board to issue registrations to eligible
   12         persons under certain circumstances; providing that
   13         the board is responsible for disciplining such
   14         licensees; requiring the board to make licensure and
   15         disciplinary information available through the
   16         automated information system; providing for the fees
   17         for the issuance of the registrations and renewal
   18         registrations; requiring the department to provide
   19         specified license, renewal, and cancellation notices;
   20         conforming provisions to changes made by the act;
   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, 2025
   35  2024.
   36         Section 2. Paragraph (b) of subsection (6) of section
   37  489.113, Florida Statutes, is amended to read:
   38         489.113 Qualifications for practice; restrictions.—
   39         (6) 
   40         (b) By July 1, 2025 2024, the board shall, by rule,
   41  establish certified specialty contractor categories for
   42  voluntary licensure for all of the following:
   43         1. Structural aluminum or screen enclosures.
   44         2. Marine seawall work.
   45         3. Marine bulkhead work.
   46         4. Marine dock work.
   47         5. Marine pile driving.
   48         6. Structural masonry.
   49         7. Structural prestressed, precast concrete work.
   50         8. Rooftop solar heating installation.
   51         9. Structural steel.
   52         10. Window and door installation, including garage door
   53  installation and hurricane or windstorm protection.
   54         11. Plaster and lath.
   55         12. Structural carpentry.
   56         Section 3. Paragraphs (a) and (b) of subsection (1) and
   57  subsection (2) of section 489.117, Florida Statutes, are amended
   58  to read:
   59         489.117 Registration; specialty contractors.—
   60         (1)(a) A Any person engaged in the business of a contractor
   61  as defined in s. 489.105(3)(a)-(o) must be registered before
   62  engaging in business as a contractor in this state, unless he or
   63  she is certified. Except as provided in paragraph (2)(b), to be
   64  initially registered, the applicant must shall submit the
   65  required fee and file evidence of successful compliance with the
   66  local examination and licensing requirements, if any, in the
   67  area for which registration is desired. An examination is not
   68  required for registration.
   69         (b) Registration allows the registrant to engage in
   70  contracting only in the counties, municipalities, or development
   71  districts where he or she has complied with all local licensing
   72  requirements, if any, and only for the type of work covered by
   73  the registration.
   74         (2)(a)Except as provided in paragraph (b), the board may
   75  not issue a No new registration may be issued by the board after
   76  July 1, 1993, based on any certificate of competency or license
   77  for a category of contractor defined in s. 489.105(3)(a)-(o)
   78  which is issued by a municipal or county government that does
   79  not exercise disciplinary control and oversight over such
   80  locally licensed contractors, including forwarding a recommended
   81  order in each action to the board as provided in s. 489.131(7).
   82  For purposes of this subsection and s. 489.131(10), the board
   83  shall determine the adequacy of such disciplinary control by
   84  reviewing the local government’s ability to process and
   85  investigate complaints and to take disciplinary action against
   86  locally licensed contractors.
   87         (b)The board shall issue a registration to an eligible
   88  applicant to engage in the business of a contractor in a
   89  specified local jurisdiction, provided each of the following
   90  conditions are satisfied:
   91         1.The applicant held, in any local jurisdiction in this
   92  state during 2021, 2022, or 2023, a certificate of registration
   93  issued by the state or a local license issued by a local
   94  jurisdiction to perform work in a category of contractor defined
   95  in s. 489.105(3)(a)-(o).
   96         2.The applicant submits all of the following to the board:
   97         a.Evidence of the certificate of registration or local
   98  license held by the applicant as required by subparagraph 1.
   99         b.Evidence that the specified local jurisdiction does not
  100  have a license type available for the category of work for which
  101  the applicant was issued a certificate of registration or local
  102  license during 2021, 2022, or 2023, such as a notification on
  103  the website of the local jurisdiction or an e-mail or letter
  104  from the office of the local building official or local building
  105  department stating that such license type is not available in
  106  that local jurisdiction.
  107         c.Evidence that the applicant has submitted the required
  108  fee.
  109         d.Evidence of compliance with the insurance and financial
  110  responsibility requirements of s. 489.115(5).
  112  An examination is not required for an applicant seeking a
  113  registration under this paragraph.
  114         (c)The board is responsible for disciplining licensees
  115  issued a registration under paragraph (b). The board shall make
  116  such licensure and disciplinary information available through
  117  the automated information system provided pursuant to s.
  118  455.2286.
  119         (d)The fees for an applicant seeking a registration under
  120  paragraph (b) and renewal of such registration every 2 years are
  121  the same as the fees established by the board for applications,
  122  registration and renewal, and record making and recordkeeping,
  123  as set forth in s. 489.109. The department shall provide
  124  license, renewal, and cancellation notices pursuant to ss.
  125  455.273 and 455.275.
  126         Section 4. This act shall take effect July 1, 2024.