This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1091d.COM
DATE: 3/23/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1091 Licensing Fee Relief
SPONSOR(S): Alvarez
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
14 Y, 0 N Wright Anstead
2) State Administration & Technology
Appropriations Subcommittee
14 Y, 0 N Helpling Topp
3) Commerce Committee Wright Hamon
SUMMARY ANALYSIS
The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses businesses
and professionals in Florida under the Divisions of Professions, Regulation, Real Estate, and Certified Public
Accounting.
For each professional licensed, DBPR charges an initial license fee and license renewal fee set by statute and
the applicable board, or by DBPR if there is no board for the profession. DBPR also imposes a $5 unlicensed
activity fee on each occupational license, in order to fund efforts to combat unlicensed activity. Certain
professions also require background checks, which requires a separate fee to an outside contractor.
The bill requires DBPR to waive, for the 2023-2024 and 2024-2025 fiscal years:
50 percent of the initial licensing fee for an applicant applying for an initial license, with such waiver
limited to a maximum of $200 per year per license.
50 percent of a licensee's license renewal fee, with such waiver limited to a maximum of $200 per year
per license.
Such fee waivers may not include any applicable unlicensed activity or background check fees. This waiver
expires July 1, 2025.
The bill provides an appropriation to implement for such waiver in the sum of $50 million in nonrecurring funds
from the General Revenue Fund to DBPR to be deposited into the Professional Regulation Trust Fund for the
2023-2024 fiscal year. Any unexpended balance of funds from this appropriation remaining on June 30, 2024,
shall revert and is appropriated to DBPR for the 2024-2025 fiscal year for the same purpose.
The appropriation provided in the bill will offset the loss of revenue to implement the specified reduction in
licenses. See Fiscal Comments.
The bill provides an effective date of July 1, 2023. STORAGE NAME: h1091d.COM PAGE: 2
DATE: 3/23/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Department of Business and Professional Regulation – Current Situation
The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses
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 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 more than 434,000 professionals through the
following professional boards and programs:
Board of Architecture and Interior Design,
Asbestos Licensing Unit,
Athlete Agents,
Board of Auctioneers,
Barbers’ Board,
Building Code Administrators and Inspectors Board,
Regulatory Council of Community Association Managers,
Construction Industry Licensing Board,
Board of Cosmetology,
Electrical Contractors’ Licensing Board,
Board of Employee Leasing Companies,
Home Inspectors,
Board of Landscape Architecture,
Mold-Related Services,
Board of Pilot Commissioners,
Board of Professional Geologists,
Talent Agencies,
Board of Veterinary Medicine, and
Florida Board of Professional Engineers.
2
The Division of Regulation is the enforcement authority for the Florida Athletic Commission, Farm Labor
Program, Child Labor Program, and any professional boards and programs housed within Professions.
3
To ensure compliance with applicable laws and rules by those professions and related businesses,
Regulations investigates complaints, utilizes compliance mechanisms, and performs inspections.
4
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 Mar. 12, 2023).
3
Except the Board of Architecture and Interior Design, and the Florida Board of Professional Engineers.
4
Florida Department of Business and Professional Regulation, Division of Regulation,
http://www.myfloridalicense.com/DBPR/division-of-regulation/ (last visited Mar. 12, 2023). STORAGE NAME: h1091d.COM PAGE: 3
DATE: 3/23/2023
The Division of Certified Public Accounting is responsible for the regulation of certified public
accountants and accounting firms in the state.
5
The Division of Real Estate is responsible for the regulation of real estate sales associates, brokers,
and appraisers, in conjunction with the Florida Real Estate Commission and the Florida Real Estate
Appraisal Board.
6
DBPR Professional License Fees
For each professional license issued by DBPR, there is an initial license fee and a license renewal fee
set by statute and the applicable board, or by DBPR if there is no board for the profession. DBPR also
imposes a $5 unlicensed activity fee on each occupational license, in order to fund efforts to combat
unlicensed activity.
7
The initial licensing fees generally range from $25
8
to $701.
9
The renewal license
fees generally range from $5
10
to $400.
11
Certain professions also require background checks, which requires a separate fee to an outside
contractor.
DBPR Umbrella Chapter
Chapter 455, F.S., applies to the regulation of professions constituting “any activity, occupation,
profession, or vocation regulated by DBPR in the Divisions of Certified Public Accounting, Professions,
Real Estate, and Regulation.”
12
It also provides the general powers of DBPR and sets forth the procedural and administrative
framework for all of the professional boards housed under DBPR.
13
Department of Business and Professional Regulation – Effect of the Bill
The bill requires DBPR to waive, for licenses subject to ch. 455, F.S., during the 2023-2024 and 2024-
2025 fiscal years:
50 percent of the initial licensing fee for an applicant applying for an initial license, with such
waiver limited to a maximum of $200 per year per license.
50 percent of a licensee's license renewal fee, with such waiver limited to a maximum of $200
per year per license.
Such fee waivers may not include any applicable unlicensed activity or background check fees. This
waiver expires July 1, 2025.
The bill provides an appropriation for such waiver in the sum of $50 million in nonrecurring funds from
the General Revenue Fund to DBPR to be deposited into the Professional Regulation Trust Fund for
the 2023-2024 fiscal year. Any unexpended balance of funds from this appropriation remaining on June
30, 2024, shall revert and is appropriated to DBPR for the 2024-2025 fiscal year for the same purpose.
The bill provides an effective date of July 1, 2023.
B. SECTION DIRECTORY:
5
S. 473.3035, F.S.; Florida Department of Business and Professional Regulation, Certified Public Accounting, Certified Public
Accounting – MyFloridaLicense.com (last visited Mar. 12, 2023).
6
S. 475.021, F.S.
7
S. 455.2281, F.S.
8
R. 61-35.002, F.A.C., Interior Designer.
9
R. 61G7-10.002, F.A.C., Employee Leasing Company Controlling Person.
10
R. 61-35.008, F.A.C., Building Code Professionals.
11
R. 61-19.003, F.A.C., Talent Agents.
12
S. 455.01(6), F.S.
13
S. 455.203, F.S. STORAGE NAME: h1091d.COM PAGE: 4
DATE: 3/23/2023
Section 1: Amends s. 455.213, F.S.; providing a partial fee waiver for FY 23-24 and FY 24-25.
Section 2: Provides an appropriation.
Section 3: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
See Fiscal Comments.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The fee waivers under the bill will save professional licensees money, which may then be used for
other business or personal needs.
D. FISCAL COMMENTS:
The bill appropriates $50 million nonrecurring funds from the General Revenue Fund to be deposited in
the Professional Regulation Trust Fund. Any unexpended balance of the $50 million deposited funds
shall revert on June 30, 2024 and is appropriated to DBPR for the 2024-2025 fiscal year for the same
purpose. This appropriation will offset the loss of revenue in the Professional Regulation Trust Fund to
implement the specified temporary licensing fee waivers.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or act
requiring the expenditures 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:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
STORAGE NAME: h1091d.COM PAGE: 5
DATE: 3/23/2023
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES