A new statute that went into effect on July 1, 2021, eliminates nearly all local contractor licenses by 2023 and makes clear that only certain types of contractors are required to have licenses. The new statute is intended to reduce government regulation of certain non-structural types of contractors.
While the new law modifies multiple portions of existing statutes, it begins with the creation of a new section of Chapter 163, Florida Statutes. Specifically, section 163.211 is created which states that licensing of occupations is expressly reserved to the state and that any local government licensing requirements are superseded by the new statute, with two exceptions. First, any local government licenses in effect as of January 1, 2021 are allowed, except that those licenses expire on July 1, 2023. Second are any local government licenses that are authorized by general law. Further, while local licenses are allowed to continue until mid-2023, local governments may not create new licensing requirements or modify existing licensing requirements. And local governments are prohibited from enforcing local licensing requirements that are not authorized by this new law.
Chapter 489, Florida Statutes, which governs licensing of specialty contractors is also altered to limit local licensing by governments and prohibit it in many cases. Specifically, section 489.117 is amended to include this language:
A local government, as defined in s. 163.211, may not require a person to obtain a license 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). 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; driveway or tennis court installation; handyman services; decorative stone, tile, marble, granite, or terrazzo installation; plastering; stuccoing; caulking; and canvas awning and ornamental iron installation.
Notwithstanding these new changes, counties and municipalities are allowed to issue journeyman licenses in electrical, alarm system, plumbing, pipe fitting, mechanical, or HVAC trades. People with these licenses can continue to work in the counties or municipalities where they are licensed.
The net effect of this new law is to remove licensing requirements for many specialty contractors. And to be clear, the way the statute is worded it does not appear that a state license will now be required for these trades. Rather, unless there is a specific state license required for your work under Chapter 489, Florida Statutes, you likely can perform the work without a license. As always, if you have questions about whether the work you are performing requires a license, you should contact an attorney.