Florida 2023 2023 Regular Session

Florida House Bill H1383 Comm Sub / Bill

Filed 04/18/2023

                       
 
CS/HB 1383  	2023 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to specialty contractors; amending s. 2 
163.211, F.S.; revising the date on which the local 3 
government licensing of certain occupations expires; 4 
amending s. 489.113, F.S.; requiring the Construction 5 
Industry Licensing Board to establish certified 6 
specialty contractor categories for voluntary 7 
licensure by a specified date; amending s. 489.117, 8 
F.S.; prohibiting local governments from imposing new 9 
licensing requirements for certain specialty 10 
contractors; authorizing a county that includes an 11 
area designated as an area of critical state concern 12 
to offer a licensure for certain job scopes; 13 
authorizing certain local governments to continue to 14 
offer a license for fence installation and erection; 15 
prohibiting a local government from requiring a 16 
license as a prerequisite to submit a bid for public 17 
works projects under certain conditions; providing an 18 
effective date. 19 
 20 
Be It Enacted by the Legislature of th e State of Florida: 21 
 22 
 Section 1.  Paragraph (a) of subsection (2) of section 23 
163.211, Florida Statutes, is amended to read: 24 
 163.211  Licensing of occupations preempted to state. β€” 25     
 
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 (2)  PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE. β€”The 26 
licensing of occupations is expressly preempted to the state, 27 
and this section supersedes any local government licensing 28 
requirement of occupations with the exception of the following: 29 
 (a)  Any local government that imposed licenses on 30 
occupations before January 1, 20 21. However, any such local 31 
government licensing of occupations expires on January 1, 2024 32 
July 1, 2023. 33 
 Section 2.  Subsection (6) of section 489.113, Florida 34 
Statutes, is amended to read: 35 
 489.113  Qualifications for practice; restrictions. β€” 36 
 (6)(a) The board shall, by rule, designate those types of 37 
specialty contractors which may be certified under this part. 38 
The limit of the scope of work and responsibility of a specialty 39 
contractor shall be established by the board by rule. However, a 40 
certified specialty contractor category established by board 41 
rule exists as a voluntary statewide licensing category and does 42 
not create a mandatory licensing requirement. Any mandatory 43 
statewide construction contracting licensure requirement may 44 
only be established th rough specific statutory provision. 45 
 (b)  By January 1, 2024, the board shall, by rule, 46 
establish certified specialty contractor categories for 47 
voluntary licensure for all of the following: 48 
 1.  Structural aluminum or screen enclosures. 49 
 2.  Marine seawall work. 50     
 
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 3.  Marine bulkhead work. 51 
 4.  Marine dock work. 52 
 5.  Marine pile driving. 53 
 6.  Structural masonry. 54 
 7.  Structural prestressed, precast concrete work. 55 
 8.  Rooftop solar heating installation. 56 
 9.  Structural steel. 57 
 10.  Window and door installation, including garage door 58 
installation and hurricane or windstorm protection. 59 
 11.  Plaster and lath. 60 
 Section 3.  Paragraph (a) of subsection (4) of section 61 
489.117, Florida Statutes, is amended to read: 62 
 489.117  Registration; specialty contractors. β€” 63 
 (4)(a)1. A person whose job scope does not substantially 64 
correspond to either the job scope of one of the contractor 65 
categories defined in s. 489.105(3)(a) -(o), or the job scope of 66 
one of the certified specialty contractor c ategories established 67 
by board rule, is not required to register with the board. A 68 
local government, as defined in s. 163.211, may not require a 69 
person to obtain a license , issued by the local government or 70 
the state, for a job scope which does not substan tially 71 
correspond to the job scope of one of the contractor categories 72 
defined in s. 489.105(3)(a) -(o) and (q) or authorized in s. 73 
489.1455(1), or the job scope of one of the certified specialty 74 
contractor categories established pursuant to s. 489.113(6). A 75     
 
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local government may not require a state or local license to 76 
obtain a permit for such job scopes . For purposes of this 77 
section, job scopes for which a local government may not require 78 
a license include, but are not limited to, painting; flooring; 79 
cabinetry; interior remodeling when the scope of the project 80 
does not include a task for which a state license is required ; 81 
driveway or tennis court installation; handyman services; 82 
decorative stone, tile, marble, granite, or terrazzo 83 
installation; plastering; st uccoing; caulking; and canvas awning 84 
and ornamental iron installation. 85 
 2.  A county that includes an area designated as an area of 86 
critical state concern under s. 380.05, may offer a license for 87 
any job scope which requires a contractor license under this 88 
part, if the county imposed such a licensing requirement before 89 
January 1, 2021. 90 
 3.  A local government may continue to offer a license for 91 
fence installation and erection if the local government imposed 92 
such a licensing requirement before January 1, 202 1. 93 
 4.  A local government may not require a license as a 94 
prerequisite to submit a bid for public works projects if the 95 
work to be performed does not require a license under general 96 
law. 97 
 Section 4.  This act shall take effect July 1, 2023. 98