Florida 2023 Regular Session

Florida House Bill H1383 Latest Draft

Bill / Enrolled Version Filed 05/01/2023

                                    
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CS/CS/HB 1383  	2023 Legislature 
 
 
 
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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 license for certain job scopes; authorizing 13 
certain local governments to continue to offer a 14 
license for certain job scopes; prohibiting a local 15 
government from requiring a license as a prerequisite 16 
to submit a bid for public works projects under 17 
certain conditions; providing an effective date. 18 
 19 
Be It Enacted by the Legislature of the State of Flor ida: 20 
 21 
 Section 1.  Paragraph (a) of subsection (2) of section 22 
163.211, Florida Statutes, is amended to read: 23 
 163.211  Licensing of occupations preempted to state. β€” 24          
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CS/CS/HB 1383  	2023 Legislature 
 
 
 
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 (2)  PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE. β€”The 25 
licensing of occupations is expressly preempted to the state, 26 
and this section supersedes any local government licensing 27 
requirement of occupations with the exception of the following: 28 
 (a)  Any local government that imposed licenses on 29 
occupations before January 1, 2021. However, an y such local 30 
government licensing of occupations expires on July 1, 2024 July 31 
1, 2023. 32 
 Section 2.  Subsection (6) of section 489.113, Florida 33 
Statutes, is amended to read: 34 
 489.113  Qualifications for practice; restrictions. β€” 35 
 (6)(a) The board shall, by rule, designate those types of 36 
specialty contractors which may be certified under this part. 37 
The limit of the scope of work and responsibility of a specialty 38 
contractor shall be established by the board by rule. However, a 39 
certified specialty contractor category established by board 40 
rule exists as a voluntary statewide licensing category and does 41 
not create a mandatory licensing requirement. Any mandatory 42 
statewide construction contracting licensure requirement may 43 
only be established through specific sta tutory provision. 44 
 (b)  By July 1, 2024, the board shall, by rule, establish 45 
certified specialty contractor categories for voluntary 46 
licensure for all of the following: 47 
 1.  Structural aluminum or screen enclosures. 48 
 2.  Marine seawall work. 49          
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CS/CS/HB 1383  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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 3.  Marine bulkhead work. 50 
 4.  Marine dock work. 51 
 5.  Marine pile driving. 52 
 6.  Structural masonry. 53 
 7.  Structural prestressed, precast concrete work. 54 
 8.  Rooftop solar heating installation. 55 
 9.  Structural steel. 56 
 10.  Window and door installation, including garage door 57 
installation and hurricane or windstorm protection. 58 
 11.  Plaster and lath. 59 
 12.  Structural carpentry. 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 categories 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 substantially 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          
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CS/CS/HB 1383  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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contractor categories established pursuant to s. 489.113(6). A 75 
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; pressure washing; stuccoing; caulking; 84 
and canvas awning 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 
veneer, including aluminum or vinyl gutters, siding, soffit, or 92 
fascia; rooftop painting, coating, and cleaning above three 93 
stories in height; or fence installation and erection if the 94 
local government imposed such a licensing requirement before 95 
January 1, 2021. 96 
 4.  A local government may not require a license as a 97 
prerequisite to submit a bid for public works projects if the 98 
work to be performed does not require a license under general 99          
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CS/CS/HB 1383  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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law. 100 
 Section 4.  This act shall take effect July 1, 2023. 101