The new law goes into effect July 1, 2023, and (1) keeps local licensing in place through July 1, 2024, (2) clarifies when permits can be required, (3) and requires the creation of 12 new state specialty contracting licenses.
In July 2021, Florida enacted a law that generally abolished local licensing by cities and counties, and gave those local municipalities until July 1, 2023 to extinguish their local licensing programs. You can read our original write up on that statute here. Under the new bill, that deadline is extended to July 1, 2024.
Further, under the new bill, Florida’s Construction Industry Licensing Board is required to establish voluntary, specialty licensing categories for the following types of work:
Structural aluminum or screen enclosures
Marine seawall work
Marine bulkhead work
Marine dock work
Marine pile driving
Structural masonry
Structural prestressed, precast concrete work
Rooftop solar heating installation
Structural steel
Window and door installation, including garage door installation and hurricane or windstorm protection
Plaster and lath
Structural carpentry
Finally, the statute makes the following clarifications and additions to 489.117, Florida Statutes, which governs specialty licensing in the state (additions shown by underlining):
4)(a)1. A person whose job scope does not substantially correspond to either the job scope of one of the contractor categories defined in s. 489.105(3)(a)-(o), or the job scope of one of the certified specialty contractor categories established by board rule, is not required to register with the board. A local government, as defined in s. 163.211, may not require a person to obtain a license, issued by the local government or the state, for a job scope which does not substantially correspond to the job scope of one of the contractor categories defined in s. 489.105(3)(a)-(o) and (q) or authorized in s. 489.1455(1), or the job scope of one of the certified specialty contractor categories established pursuant to s. 489.113(6). A local government may not require a state or local license to obtain a permit for such job scopes. For purposes of this section, job scopes for which a local government may not require a license include, but are not limited to, painting; flooring; cabinetry; interior remodeling when the scope of the project does not include a task for which a state license is required; driveway or tennis court installation; handyman services; decorative stone, tile, marble, granite, or terrazzo installation; plastering; pressure washing; stuccoing; caulking; and canvas awning and ornamental iron installation.
2. A county that includes an area designated as an area of critical state concern under s. 380.05 may offer a license for any job scope which requires a contractor license under this part if the county imposed such a licensing requirement before January 1, 2021.
3. A local government may continue to offer a license for veneer, including aluminum or vinyl gutters, siding, soffit, or fascia; rooftop painting, coating, and cleaning above three stories in height; or fence installation and erection if the local government imposed such a licensing requirement before January 1, 2021.
4. A local government may not require a license as a prerequisite to submit a bid for public works projects if the work to be performed does not require a license under general law.
While the new statute addresses some of the problems created by the original 2021 law, it also creates new requirements for certain categories of work. Contractors should confirm what licenses will be required for them to continue working and pulling permits in their local areas.