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