Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for SB 268
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: NC/2R          .                                
             04/26/2021 04:03 PM       .                                

       Senator Garcia moved the following:
    1         Senate Substitute for Amendment (979060) (with title
    2  amendment)
    4         Delete lines 43 - 141
    5  and insert:
    6  government licensing of occupations expires on September 30,
    7  2024.
    8         (b)Any local government licensing of occupations
    9  authorized by general law.
   10         (3)EXISTING LICENSING LIMIT.—A local government that
   11  licenses occupations and retains such licensing as set forth in
   12  paragraph (2)(a) may not impose additional licensing
   13  requirements on that occupation or modify such licensing.
   14         (4)LOCAL LICENSING NOT AUTHORIZED.—Local licensing of an
   15  occupation that is not authorized under this section or
   16  otherwise authorized by general law does not apply and may not
   17  be enforced.
   18         (5)APPLICABILITY.—This section does not apply to a county
   19  as defined in s. 125.011(1).
   20         Section 2. Paragraphs (a) and (d) of subsection (4) of
   21  section 489.117, Florida Statutes, are amended, and paragraph
   22  (e) is added to that subsection, to read:
   23         489.117 Registration; specialty contractors.—
   24         (4)(a)1. A person holding a local license whose job scope
   25  does not substantially correspond to either the job scope of one
   26  of the contractor categories defined in s. 489.105(3)(a)-(o), or
   27  the job scope of one of the certified specialty contractor
   28  categories established by board rule, is not required to
   29  register with the board to perform contracting activities within
   30  the scope of such specialty license.
   31         2.A local government, as defined in s. 163.211, may not
   32  require a person to obtain a license for a job scope which does
   33  not substantially correspond to the job scope of one of the
   34  contractor categories defined in s. 489.105(3)(a)-(o) and (q) or
   35  authorized in s. 489.1455(1). For purposes of this section, job
   36  scopes for which a local government may not require a license
   37  include, but are not limited to, painting; flooring; cabinetry;
   38  interior remodeling; driveway or tennis court installation;
   39  handyman services; decorative stone, tile, marble, granite, or
   40  terrazzo installation; plastering; stuccoing; caulking; and
   41  canvas awning and ornamental iron installation. This
   42  subparagraph does not apply to a county as defined in s.
   43  125.011(1).
   44         (d) Any person who is not required to obtain registration
   45  or certification pursuant to s. 489.105(3)(d)-(o) may perform
   46  contracting services for the construction, remodeling, repair,
   47  or improvement of single-family residences, including a
   48  townhouse as defined in the Florida Building Code, and
   49  clubhouses or recreation buildings in a residential development
   50  without obtaining a local license if such person is under the
   51  supervision of a certified or registered general, building, or
   52  residential contractor. Such As used in this paragraph,
   53  supervision does not shall not be deemed to require the
   54  existence of a direct contract between the certified or
   55  registered general, building, or residential contractor and the
   56  person performing specialty contracting services.
   57         (e)Any person who is not required to obtain registration
   58  or certification under s. 489.105(3)(d)-(i) or (m)-(o) may
   59  perform specialty contracting services for the construction,
   60  remodeling, repair, or improvement of commercial or residential
   61  swimming pools, hot tubs or spas, or interactive water features,
   62  as defined in the Florida Building Code, without obtaining a
   63  local contractor license or specialty contractor license if such
   64  person is under the supervision of a person who is certified or
   65  registered under s. 489.105(3)(j)-(l), provided that the work is
   66  within the scope of the supervising contractor’s license. Such
   67  supervision does not require a direct contract between a person
   68  certified or registered under s. 489.105(3)(j)-(l) and the
   69  person performing specialty contracting services.
   70         Section 3. Section 489.1455, Florida Statutes, is amended
   71  to read:
   72         489.1455 Journeyman; reciprocity; standards.—
   73         (1)Counties and municipalities are authorized to issue
   74  journeyman licenses in the plumbing, pipe fitting, mechanical,
   75  or HVAC trades.
   76         (2)(1) An individual who holds a valid, active journeyman
   77  license in the plumbing, pipe fitting plumbing/pipe fitting,
   78  mechanical, or HVAC trades issued by any county or municipality
   79  in this state may work as a journeyman in the trade in which he
   80  or she is licensed in any county or municipality of this state
   81  without taking an additional examination or paying an additional
   82  license fee, if he or she:
   83         (a) Has scored at least 70 percent, or after October 1,
   84  1997, at least 75 percent, on a proctored journeyman Block and
   85  Associates examination or other proctored examination approved
   86  by the board for the trade in which he or she is licensed;
   87         (b) Has completed an apprenticeship program registered with
   88  a registration agency defined in 29 C.F.R. s. 29.2 and
   89  demonstrates 4 years’ verifiable practical experience in the
   90  trade for which he or she is licensed, or demonstrates 6 years’
   91  verifiable practical experience in the trade for which he or she
   92  is licensed;
   93         (c) Has satisfactorily completed specialized and advanced
   94  module coursework approved by the Florida Building Commission,
   95  as part of the building code training program established in s.
   96  553.841, specific to the discipline or, pursuant to
   97  authorization by the certifying authority, provides proof of
   98  completion of such coursework within 6 months after such
   99  certification; and
  100         (d) Has not had a license suspended or revoked within the
  101  last 5 years.
  102         (3)(2) A local government may charge a registration fee for
  103  reciprocity, not to exceed $25.
  105  ================= T I T L E  A M E N D M E N T ================
  106  And the title is amended as follows:
  107         Delete lines 10 - 17
  108  and insert:
  109         be enforced; providing applicability; amending s.
  110         489.117, F.S.; specifying that certain specialty
  111         contractors are not required to register with the
  112         Construction Industry Licensing Board; prohibiting
  113         local governments from requiring certain specialty
  114         contractors to obtain a license under specified
  115         circumstances; specifying job scopes for which a local
  116         government may not require a license; providing
  117         applicability; revising the types of buildings for
  118         which individuals who are not required to obtain
  119         certain registrations or certifications may perform
  120         contracting services without a local license under
  121         certain circumstances; authorizing certain persons
  122         under the supervision of specified licensed
  123         contractors to perform certain specialty contracting
  124         services for commercial or residential swimming pools,
  125         hot tubs or spas, or interactive water features;
  126         providing that such supervision does not require a
  127         direct contract between those persons; amending s.
  128         489.1455, F.S.;