CS for SB 1142 First Engrossed
20241142e1
1 A bill to be entitled
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.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
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.—
28 (2) PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE.—The
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).
111
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.