Florida 2023 2023 Regular Session

Florida House Bill H0869 Analysis / Analysis

Filed 03/10/2023

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0869a.RRS 
DATE: 3/10/2023 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HB 869    Department of Business and Professional Regulation Licensing 
SPONSOR(S): McClain 
TIED BILLS:   IDEN./SIM. BILLS: SB 782 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Regulatory Reform & Economic Development 
Subcommittee 
12 Y, 0 N Wright Anstead 
2) State Administration & Technology 
Appropriations Subcommittee 
   
3) Commerce Committee    
SUMMARY ANALYSIS 
The Department of Business and Professional Regulation (DBPR) is responsible for licensing and regulating 
various businesses and professions throughout the state, including asbestos professionals, mold-related 
professionals, electrical contractors, public lodging establishments, and public food service establishments. 
 
Related to mold-related and asbestos professional licensing regulations, the bill provides a pathway for a 
person who holds a license in another state to obtain a Florida license. 
 
Related to electrical contractors licensing regulations, the bill allows certain local electrical and alarm 
contractors to be licensed statewide. 
 
Related to pugilistic exhibitions, the bill removes the maximum participant weight differential requirement for all 
exhibition matches. This will allow any exhibition to include participants who are not in the same weight 
category.   
 
Related to public lodging establishments and public food service establishments, the bill: 
 requires licensees to submit certain documents, fees, and communications online;  
 requires licensees to provide an email address for primary communication with DBPR; 
 allows notices to be served to the operator of a licensed establishment via email, in addition to in-
person service and by mail;  
 allows the guest registry at a transient public lodging establishment to be kept online, and guests are no 
longer required to sign the registry; 
 allows 2-year renewals on licenses, instead of only 1-year renewals; and 
 removes the requirement for a staggered initial license fee schedule.  
 
The bill has an indeterminate, negative fiscal impact on state government revenues. There is an indeterminate, 
but likely minimal fiscal impact on local governments and a significant positive fiscal impact on the private 
sector. See Fiscal Analysis & Economic Impact Statement. 
 
The bill has an effective date of July 1, 2023.    STORAGE NAME: h0869a.RRS 	PAGE: 2 
DATE: 3/10/2023 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Department of Business and Professional Regulation 
 
The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses 
various businesses and professionals in Florida through the following divisions: 
• The Division of Administration, 
• The Division of Alcoholic Beverages and Tobacco, 
• The Division of Certified Public Accounting, 
• The Division of Drugs, Devices, and Cosmetics, 
• The Division of Florida Condominiums, Timeshares, and Mobile Homes, 
• The Division of Hotels and Restaurants, 
• The Division of Pari-mutuel Wagering, 
• The Division of Professions, 
• The Division of Real Estate, 
• The Division of Regulation, 
• The Division of Technology, and 
• The Division of Service Operations.
1
 
 
The Division of Professions licenses and regulates various professions through 12 professional boards, 
five programs, and one council, including the:
 2
 
• Asbestos Licensing Unit, 
• Electrical Contractors’ Licensing Board (ECLB), and 
• Mold-Related Services Program. 
 
The Division of Regulation is the enforcement authority for Labor Organizations and Business Agents, 
the Florida Athletic Commission (FAC), Farm Labor Program, Child Labor Program, and any 
professional boards and programs housed within the Division of Professions.
3
  
 
The Division of Hotels and Restaurants (H&R) licenses, inspects, and regulates public lodging and food 
service establishments in Florida.
4
 
 
Mold-Related Services 
 
Background 
 
Mold assessors and mold remediators are regulated by ch. 468, part XVI, F.S., and licensed by the 
Mold-Related Services Licensing Program
5
 in DBPR. 
 
“Mold assessment” means a process performed by a mold assessor that includes the physical sampling 
and detailed evaluation of data obtained from a building history and inspection to formulate an initial 
hypothesis about the origin, identity, location, and extent of amplification of mold growth of greater than 
ten square feet.
6
 
 
                                                
1
 S. 20.165, F.S. 
2
 Florida Department of Business and Professional Regulation, Division of Professions, http://www.myfloridalicense.com/DBPR/division-
of-professions/ (last visited Feb. 24, 2023). 
3
 Except the Board of Architecture and Interior Design, and the Florida Board of Professional Engineers. Florida Department of 
Business and Professional Regulation, Division of Regulation, http://www.myfloridalicense.com/DBPR/division-of-regulation/ (last 
visited Feb. 24, 2023). 
4
 Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, 
http://www.myfloridalicense.com/DBPR/hotels-restaurants/ (last visited Feb. 24, 2023). 
5
 S. 468.84, F.S. 
6
 S. 468.8411(3), F.S.  STORAGE NAME: h0869a.RRS 	PAGE: 3 
DATE: 3/10/2023 
  
“Mold remediation” means the removal, cleaning, sanitizing, demolition, or other treatment, including 
preventive activities, of mold or mold-contaminated matter of greater than ten square feet that was not 
purposely grown at that location; however, it may not include work that requires a contractor license 
under ch. 489, F.S.
7
 
 
In order to be licensed as a mold assessor or mold remediator, an applicant must: 
 be of good moral character,  
 pass the required DBPR-approved examination offered by a nationally recognized organization 
that certifies persons in the specialty of mold assessment or mold remediation, 
 have required liability insurance, and 
 complete either: 
o at least a two-year associate of arts degree with certain course requirements and a 
minimum of one year of experience; or 
o a high school diploma or the equivalent with a minimum of four years of experience.
8
 
 
A person who is licensed in another state is eligible for a license by endorsement in Florida if they:
9
 
 are of good moral character;  
 hold required general liability insurance; 
 hold a valid license to practice as a mold assessor or mold remediator in another state or 
territory of the United States whose educational requirements are substantially equivalent to 
Florida; and  
 have passed a national, regional, state, or territorial licensing examination that is substantially 
equivalent to the required Florida examination. 
 
Applicants for a mold-related license pay an initial licensure fee of $230. There are currently 3,252 
licensed mold assessors and 3,208 licensed mold remediators in the state. In the most recent fiscal 
year, there were 25 applicants for a license by endorsement.
10
 
 
Effect of the Bill 
 
The bill allows applicants who hold a mold-related license in another state to obtain a license by 
endorsement in Florida, if they have held a valid license to practice in another state or territory of the 
United States for at least ten years before the date of application, without needing to take a Florida-
specific examination or training.  
 
Such applications for a Florida license by endorsement must be made either when the applicant’s 
license in another state or territory is active or within two years of when such license was last active. 
 
The bill clarifies the provision relating to licensure examination requirements. 
 
Asbestos Consultants and Contractors 
 
Background 
 
Asbestos consultants and contractors are regulated by ch. 469, F.S., and licensed by the Asbestos 
Licensing Unit in DBPR. Florida licensing standards must also comply with the U.S. Environmental 
Protection Agency’s Asbestos Model Accreditation Plan for States(MAP), which includes mandatory 
nationwide standards for testing and education.
11
 
 
“Asbestos abatement” means the removal, encapsulation, enclosure, or disposal of asbestos.
12
  
                                                
7
 S. 468.8411(5), F.S. 
8
 S. 468.8413(2), F.S. 
9
 S. 468.8414(3), (4), F.S. 
10
 Email from Jonas Marquez, Legislative Affairs Director, Department of Business and Professional Regulation, RE: HB 869 (Feb. 28, 
2023). 
11
 40 C.F.R. § 763 Appendix C to Subpart E.  
12
 S. 469.001(1), F.S.  STORAGE NAME: h0869a.RRS 	PAGE: 4 
DATE: 3/10/2023 
  
 
An asbestos consultant may: 
• conduct an asbestos survey, 
• develop an operation and maintenance plan,  
• monitor and evaluate asbestos abatement, and 
• prepare asbestos abatement specifications.
13
  
 
An asbestos contractor may perform the work of an asbestos consultant and conduct asbestos 
abatement work.
14
  
 
In order to be eligible to be licensed as an asbestos consultant or contractor, an applicant must meet 
one of the following criteria:
15
 
 hold a current, valid, active license as an architect issued under ch. 481, F.S.;  
 hold a current, valid, active license as a professional engineer issued under ch. 471, F.S.,  
 hold a current, valid, active license as a professional geologist under ch. 492, F.S.;  
 be a diplomat of the American Board of Industrial Hygiene; or  
 have been awarded designation as a Certified Safety Professional by the Board of Certified 
Safety Professionals.  
 
An applicant for licensure as either an asbestos consultant or contractor must also:
16
 
 if applying for an asbestos consultant license, complete DBPR-approved courses in the 
following topics:  
o building asbestos surveys and mechanical systems, 
o asbestos management planning,  
o respiratory protection, and 
o project designer. 
 if applying for an asbestos contractor license, complete courses in the following topics: 
o asbestos contractor/supervisor, and  
o respiratory protection.  
 provide evidence of satisfactory work on ten asbestos projects within the last five years,  
 provide evidence of financial stability, and  
 pass the DBPR-approved examination.  
 
There is no provision which specifically allows or addresses licenses by endorsement for asbestos 
licensees of other states.  
 
Applicants for an asbestos license pay an initial licensure fee of $555, and an examination fee of $316. 
There are currently 136 licensed asbestos contractors and 111 licensed asbestos consultants in the 
state. DBPR has received an average of 33 asbestos applications per year over the last three fiscal 
years. In the most recent fiscal year, there were 57 applicants for an asbestos professional license.
17
 
 
Effect of the Bill 
 
The bill allows applicants who hold an asbestos license in another state license to obtain a license by 
endorsement in Florida if they have:  
 passed a written examination in any state that meets the requirements of MAP,  
 held a license as an asbestos consultant or asbestos contractor issued by another state or 
territory of the United States for at least ten years,  
 demonstrated financial stability, and  
 completed the required DBPR-approved courses. 
 
                                                
13
 S. 469.003, F.S. 
14
 S. 469.003(3), F.S. 
15
 S. 469.004(1), F.S. 
16
 S. 469.005, F.S. 
17
 DBPR, supra note 10.  STORAGE NAME: h0869a.RRS 	PAGE: 5 
DATE: 3/10/2023 
  
Such applicants must apply while they hold an active license in another state or territory or within 2 
years after such license was last active. 
 
Electrical Contractors 
 
Background 
 
Statewide electrical, alarm system, and specialty contractors are regulated by of ch. 489, part II, F.S., 
and licensed and regulated by the ECLB within DBPR.
18
 An electrical contractor engages in business 
as a contractor or performs electrical or alarm work for compensation.
19
 
 
Electrical contractors may work on electrical wiring, fixtures, appliances, apparatus, raceways, and 
conduits which generate, transmit, transform, or utilize electrical energy in any form. The scope of an 
electrical contractor’s license includes alarm system work.
20
 
 
Alarm system contractors may lay out, fabricate, install, maintain, alter, repair, monitor, inspect, 
replace, or service burglary, fire, robbery, or medical emergency alarm systems.
21
 
 
In order to become a certified electrical, alarm system, or specialty contractor, an applicant must:
22
 
 be at least 18 years of age; 
 be of good moral character; 
 pass the certification examination; 
 have workers’ compensation insurance or an exemption, and public liability and property 
damage insurance; and 
 meet certain training and education criteria. 
 
A registered contractor is an individual that has taken and passed a local competency examination and 
can practice the specific category of contracting for which they are approved, only in the local 
jurisdiction for which the license is issued.
23
 Locally registered contractors that are required to hold a 
contracting license to practice their profession in accordance with state law must register with DBPR 
after obtaining a local license.
24
  
 
Section 489.514, F.S., created a pathway that allowed registered local electrical and alarm contractors 
who met certain criteria to have their local registration converted into a certified statewide license by the 
ECLB. The provision required applicants to apply by November 1, 2021, and is thus is no longer 
available for use by local registered contractors. This provision is commonly referred to as the 
“grandfathering provision.” 
 
Any registered contractor wishing to have their license “grandfathered” into a certified license had to 
submit a completed application to the ECLB, pay an appropriate fee, and show evidence of the 
following criteria: 
 currently holds a valid registered local license in the certification of electrical contractor, alarm 
system contractor, or electrical specialty contractor sought; 
 has, for the certification category sought, passed a written, proctored examination that the 
ECLB finds to be substantially similar to the examination required to be licensed as a certified 
contractor; 
 has at least five years of experience as a contractor in the certification category sought, or as 
an inspector or building administrator with oversight over that category. For contractors, only 
time periods in which the contractor license is active and the contractor is not on probation 
shall count toward the required five years; 
                                                
18
 S. 489.507, F.S. 
19
 S. 489.505(9), F.S. 
20
 Ss. 489.505(12) & 489.537(7), F.S. 
21
 S. 489.505(1)-(2), F.S. 
22
 S. 489.511(1) & (4), F.S. 
23
 S. 489.505(21)-(23), F.S. 
24
 S. 489.513, F.S.  STORAGE NAME: h0869a.RRS 	PAGE: 6 
DATE: 3/10/2023 
  
 has not had the contractor’s license revoked at any time, suspended in the last five years, or 
assessed a fine in excess of $500 in the last five years; and 
 has the required workers’ compensation insurance or an exemption, and public liability and 
property damage insurance.
25
 
 
DBPR received 766 applications from local electrical and alarm contractors for a statewide license 
during the last period of grandfathering, from July 1, 2019, through November 1, 2021.
26
  
 
Effect of the Bill 
 
The bill reopens the grandfathering provision for locally registered electrical, alarm system, and 
specialty contractors to obtain licensure as statewide certified contractors without an expiration date. 
 
Pugilistic Exhibitions  
 
Background 
 
Chapter 548, F.S., governs the FAC under DBPR. The function of the FAC is to license and regulate 
pugilistic events and matches, including professional boxing, kickboxing, and mixed martial arts. The 
FAC ensures that all matches are conducted in accordance with provisions of state laws and rules.  
 
A match participant, manager, trainer, second, timekeeper, referee, judge, announcer, physician,
27
 
matchmaker, or promoter must be licensed by FAC before directly or indirectly acting in such capacity 
in connection with any match. In order to obtain a license, an applicant must:
28
 
 complete an application in a form prescribed by the FAC; 
 be at least 18 years of age; and 
 pay an application fee.  
 
An “exhibition” is a boxing, kickboxing, or mixed martial arts engagement in which persons participating 
show or display their skill without necessarily striving to win using strikes and blows to the head or other 
full-contact maneuvers.
29
 Participants in an exhibition, except one held solely for training purposes, 
must weigh within 12 pounds of each other.
30
  
 
Effect of the Bill 
 
The bill removes the maximum participant weight differential requirement for all exhibition matches. 
This will allow any exhibition to include participants that weigh more or less than 12 pounds from their 
opponent.   
 
Hotels and Restaurants 
 
“Public lodging establishment” includes:
31
 
 “Transient public lodging establishments,” which means any unit, group of units, dwelling, 
building, or group of buildings within a single complex of buildings which is rented to guests 
more than three times in a calendar year for periods of less than 30 days, or 1 calendar month, 
whichever is less, or which is advertised or held out to the public as a place regularly rented to 
guests; and 
 “Nontransient public lodging establishments,” which means any unit, group of units, dwelling, 
building, or group of buildings within a single complex of buildings which is rented to guests for 
                                                
25
 S. 489.514, F.S. 
26
 DBPR, supra note 10. 
27
 A physician must be licensed pursuant to chapter 458 or chapter 459, must maintain a license in good standing, and must 
demonstrate satisfactory medical training or experience in boxing. S. 548.017, F.S. 
28
 S. 548.021, F.S. 
29
 S. 548.002(8), F.S. 
30
 S. 548.043(2), F.S. 
31
 S. 509.013(4), F.S.  STORAGE NAME: h0869a.RRS 	PAGE: 7 
DATE: 3/10/2023 
  
periods of at least 30 days or 1 calendar month, whichever is less, or which is advertised or held 
out to the public as a place regularly rented to guests for periods of at least 30 days or 1 
calendar month. 
 
Classifications of public lodging establishments include hotels, motels, vacation rentals, apartments, 
bed and breakfast inns, and timeshare projects.
32
 
 
“Public food service establishments” means any building, vehicle, place, or structure, or any room or 
division thereof, where food is prepared, served, or sold for immediate consumption on or in the vicinity 
of the premises; called for or taken out by customers; or prepared prior to being delivered to another 
location for consumption, with certain exceptions.
33
  
 
Classifications of public food service establishments include permanent food service restaurants, 
catering services, mobile food dispensing vehicles, vending machines, theme park carts, culinary 
education programs, and temporary food service events.
34
  
 
Electronic Communications - Background 
 
While H&R has rulemaking authority to adopt rules to implement ch. 509, F.S., H&R does not have 
authority to adopt rules to require electronic submissions for any required document or fee from a 
licensee or for H&R to require online communications with a licensee.
35
 There is also no statutory 
requirement that such documents, fees, or communications be transmitted online or for licensees to 
provide an email address to H&R.
36
 
 
Notices that are served by H&R must be delivered to the operator of a licensed establishment by an 
H&R agent or by registered mail. If H&R is unable to effect service, the notice may be conspicuously 
posted at the licensee’s establishment.
37
 Inspection reports may be served via electronic means.  
 
Each transient public lodging establishment is required to maintain a register of guests who occupy 
rental units in the establishment. The guests must also sign the registry. There is not a specific 
allowance that the registry may be kept in an electronic format.  
 
Electronic Communications – Effect of the Bill 
 
The bill requires all H&R licensees to provide an email address to function as the primary method of 
communication with H&R.  
 
The bill allows H&R to serve notices or inspection reports to the operator of licensed establishments via 
email, in addition to in-person service and mail.  
 
The bill requires each public lodging establishment or a public food service establishment, and any 
person who plans to open a licensed establishment, to create and maintain an online account and 
provide an e-mail address to function as the primary contact for all communication from H&R. Licensed 
establishments are responsible for maintaining accurate contact information on file. 
 
Each vacation rental or timeshare project must submit any change in the street or unit address or 
number of houses or units included under the license within 30 days of the change. All changes must 
be filed through the H&R's online system 
 
                                                
32
 S. 509.242, F.S. 
33
 S. 509.013(5), F.S. 
34
 R. 61C-1.002, F.A.C.; Florida Department of Business and Professional Regulation, Hotels and Restaurants – Licensing Guides, 
http://www.myfloridalicense.com/DBPR/hotels-restaurants/licensing/licensing-guides/ (last visited Feb. 24, 2023).  
35
 S. 509.032, F.S. 
36
 S. 509.091, F.S. 
37
 S. 509.091(1), F.S.  STORAGE NAME: h0869a.RRS 	PAGE: 8 
DATE: 3/10/2023 
  
The bill allows the guest registry at a transient public lodging establishment to be kept online, and will 
no longer require guests to sign the registry.  
 
Licensure Fees – Background 
 
Each public lodging establishment and public food service establishment must obtain a license from 
H&R. Licenses are renewed annually, and H&R must adopt a rule establishing a staggered schedule 
for license renewals.
38
  
 
The staggered initial license fee schedules require such establishments applying for an initial license to 
pay the full license fee if the application is made during the annual renewal period or more than six 
months before the next such renewal period, and one-half of the fee if the application is made six 
months or less before the next renewal period.
39
 For example: if an applicant is applying for a hotel 
license with between 26 and 50 rental units, the initial license fee is $215, but if such applicant is 
applying for the license less than six months before the beginning of the next renewal period, the initial 
license fee is $112.50. Such applicant will need to pay the full annual fee when the next renewal period 
begins.
40
 
 
H&R adopts, by rule, a schedule of fees to be paid by each public lodging establishment and public 
food service establishment for the issuance or renewal of a license. Such fees are based on the 
number of rental units in the public lodging establishment and based on seating capacity and services 
offered for public food service establishments. Licenses must be renewed annually.
41
 License fees 
generally range from $91 for a temporary food vendor to $370 for a hotel with 501 or more rental 
units.
42
 
 
Licensure Fees – Effect of the Bill 
 
The bill removes the requirement for a staggered initial license fee schedule for public lodging 
establishments and public food service establishments, and instead provides for an initial license that 
may be renewed for one or two years. Applications for licensure must be made on forms provided by 
H&R, and H&R must adopt a rule for license issuance and renewal procedures.   
 
The bill provides that license renewal fees for public lodging establishments must be based on the 
number of rental units in the establishment and whether the renewal is for one or two years. License 
renewal fees for public food service establishments must be based on the classification of the license 
and whether the renewal is for one or two years.  
 
The bill provides that the statutory maximum fee for a public lodging establishment for a two-year 
renewal is set at $2,000, which is double the currently allowed maximum for annual renewals. The 
statutory maximum fee for a public food service establishment for a two-year renewal is set at $800, 
which is double the currently allowed maximum for annual renewals. 
 
The bill clarifies that all fees be must be paid by the applicant when the license application is submitted 
to H&R. 
 
The bill provides an effective date of July 1, 2023. 
 
B. SECTION DIRECTORY: 
 
                                                
38
 S. 509.241(1), F.S. 
39
 S. 509.251(1), (2), F.S. 
40
 S. 509.251(1), (2), F.S.; Department of Business and Professional Regulation, Hotel and Restaurants – Hotel-Motel Guide, 
http://www.myfloridalicense.com/DBPR/hotels-restaurants/licensing/hotels-and-restaurants-hotel-motel-guide/ (last visited Feb. 24, 
2023).  
41
 S. 509.251(1), (2), F.S. 
42
 R. 61C-1.008, F.A.C.  STORAGE NAME: h0869a.RRS 	PAGE: 9 
DATE: 3/10/2023 
  
Section 1:  Amends s. 468.8414, F.S., revising licensure requirements for mold assessors and 
remediators. 
Section 2: Amends s. 469.006, F.S., revising licensure requirements for asbestos consultants and 
contractors. 
Section 3:  Amends s. 489.514, F.S., removing a deadline for an electrical contractor licensing 
provision. 
Section 4: Amends s. 509.091, F.S, revising requirements for hotel and restaurant inspection 
reports. 
Section 5: Amends s. 509.101, F.S., revising requirements for hotel guest registries. 
Section 6: Amends s. 509.241, F.S., revising license provisions for public lodging establishments 
and public food service establishments. 
Section 7: Amends s. 509.251, F.S., revising fee schedules for public lodging establishments and 
public food service establishments. 
Section 8: Amends s. 548.043, F.S., revising participant weight differentials for certain pugilistic 
exhibitions. 
Section 9:  Reenacts s. 509.102, F.S., relating to mobile food dispensing vehicles. 
Section 10:  Provides an effective date. 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
DBPR expects the following fiscal impacts on revenues:
43
 
 
Division of Professions 
 
Indeterminate; $399,056 maximum potential grandfathering fee revenue over the next three years 
(see Fiscal Comments). 
 
Division of Hotels and Restaurants:  
 
Based on internal projections for FY 23-24, the bill would reduce the division’s revenue by 
approximately 3.3%.  
 
Under the current license fee structure, about 58% of new applicants pay an initial license fee for 
some fraction of time and then pay the Division again to renew their license within the same fiscal 
year. Under the initiative, the division will collect a slightly larger initial license fee and a lower 
amount of renewal fees during the first year of licensure for each new license. The initiative would 
eliminate half year prorating of license fees, replacing it with a full year which slightly increases 
division revenue but results in a true “annual license” from the start with no same fiscal year 
renewals. Overall, based on internal projections for FY 2023-24, the initiative would reduce the 
Division’s revenue by $1,413,484, or roughly 3.3%.  The figures are derived from a projected 3.05% 
growth rate in Division Revenue and a projected 2.85% growth rate in H&R license fees. 
 
  
FY23-24 	FY24-25 	FY25-26 
Total Div. 
Revenue 	$42,647,797 $43,947,207 
$45,286,207 
Bill Difference 	($1,413,484) ($1,453,723) 
($1,495,108) 
Revenue with bill 
implemented 	$41,234,314 $42,493,484 
$43,791,100 
% Change 	-3.31% 	-3.31% 
-3.30% 
 
                                                
43
 Department of Business and Professional Regulation (DBPR), Agency Analysis of 2023 Senate Bill 782, p. 6 (Mar. 2, 
2023)  STORAGE NAME: h0869a.RRS 	PAGE: 10 
DATE: 3/10/2023 
  
The anticipated decrease in division revenue resulting from 2 year license renewals is unknown, as 
it would depend on how many operators opted for a 2 year renewal and the amount of the renewal 
fee. 
 
2. Expenditures: 
DBPR does not anticipate a change in state expenditures as a result of the bill.  
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
Local governments could see an insignificant decrease in revenues associated with renewal and 
reciprocity fees if eligible registered contractors choose to apply for the grandfathering provision 
created in the bill for ECLB licensees. 
 
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
There may be a positive impact on the private sector by expanding the geographical scope of practice 
for those registered electrical contractors that choose to take advantage of the grandfathering provision. 
Thus, making more electrical contractors available to work across the state. 
 
The bill will generally reduce license fees paid by H&R licensees during their first 12 months of 
licensure. The division estimates licensees will save about $1.4 million in FY 2023-24. The decrease 
comes from eliminating the staggered schedule and outdated prorating system which in turn provides 
new licensees with a full year of licensure. Under the current license fee structure, new applicants often 
pay for a new license and pay to renew their license within the same fiscal year. Under the bill this 
would not happen.
44
 
 
D. FISCAL COMMENTS: 
Grandfathering Provision:
45
 
Revenue from an electrical contractor grandfathering fee is indeterminate because it is unknown how 
many eligible registered ECLB licensees will apply for grandfathering. The total fee (application fee, 
initial licensing fee, and unlicensed activity fee) during the end of the previous grandfathering period 
was $196. There are 2,036 Registered Current Active/Inactive ECLB licensees who may be able to 
take advantage of the grandfathering provision. However, the department received only 766 
applications during the last period of grandfathering, which was from July 1, 2019 to November 1, 2021.  
 
Assuming total application/license fees of $196, the grandfathering fees received by DBPR over the 
next three fiscal years could range from $150,136.00 (if the department receives the same number of 
applications as the last grandfathering period) to a maximum of $399,056.00 if all 2,036 Registered 
Current Active/Inactive licensees apply over the next three fiscal years. 
  
H&R Provisions:
46
 
Because there is a reduction in H&R revenue, there will also be a reduction in the amount transferred to 
General Revenue. The estimated reduction to the 8% service charge to General Revenue would be 
$113,079 in FY 2023-24, $116,262 in FY 2024-25, and $119,609 in FY 2025-26. 
 
The new schedule of licensing could impact expenditures. Because of the reduction in renewals there 
may be a $3,444 savings in postage and a reduction of annual bank fees of as much as $18,584. 
 
                                                
44
 Id. at 7. 
45
 Id. at 10. 
46
 Id.  STORAGE NAME: h0869a.RRS 	PAGE: 11 
DATE: 3/10/2023 
  
 	FY 2023-24 FY 2024-25 FY 2025-26 
Estimated H&R License Fee 
Revenue Under Current 
Licensing System 
$28,166,605 $28,968,456 $29,793,133 
Estimated H&R License Fee 
Revenue Under Proposed 
Change 
$26,753,122 $27,514,733 $28,298,026 
Reduction in Revenue  	($1,413,484) ($1,453,723) ($1,495,108) 
Reduction in 8% Service 
Charge to General Revenue 
($113,079) 	($116,262) 	($119,609) 
Estimated Postage and 
Bank Fee Savings 
$22,028 	$22,028 	$22,028 
 
 
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take 
action requiring the expenditure of funds; reduce the authority that counties or municipalities have 
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or 
municipalities. 
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
The bill will require DBPR to amend rules related to: 
 Mold-related professional licensing standards,  
 Asbestos professional licensing standards,  
 Pugilistic exhibition requirements,  
 Licensed establishment electronic communications, and 
 Licensed establishment license issuance and renewal.  
 
DBPR has current authority to do so. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES