The new statute changes the requirements that an individual must meet to obtain a journeyman’s license for plumbing, pipefitting, mechanical or HVAC, electrical, and alarm systems trades, and makes reciprocity between counties a requirement.
Read moreStatute Extending Local Licensing Deadlines and Requiring CILB to Issue Certain Registered Licenses is Being Sent to Governor for Signature
The statute moves the expiration of local licensing from July 1, 2024 to July 1, 2025, and requires the Florida Construction Industry Licensing Board to issue registered licenses to contractors that had certain local licenses from 2021 through 2023 in areas where those local licenses have been phased out.
Read moreProposed Statute Would Require Boards Denying Certain Licensing Applications to Submit Denial to DBPR Secretary for Review
The proposed law would apply to denials of licensing applications submitted through reciprocity or endorsement programs where the denial is based on a finding that the requirements for licensure in the original state are not substantially equivalent to the requirements of Florida or are otherwise insufficient for licensure in this state.
Read moreProposed Statute Would Require Florida's CILB to Issue Registered Licenses to Certain Phased Out Local Licenseholders
The statute is being proposed in response to a phase out of certain contractor licenses issued by cities and counties, and would require the Florida Construction Industry Licensing Board to issue registered licenses to contractors that had certain local licenses from 2021 through 2023 in areas where those local licenses have been phased out.
Read moreCourt Affirms Order Imposing Sanctions Against Electrical Contractor for Aiding Unlicensed Contractor
The final order imposed fines and continuing education against the electrical contractor, and possibly could have been avoided if the contractor had properly responded to the administrative complaint or properly preserved his rights to a final hearing. The case is a cautionary tale to contractors facing licensing complaints to take them seriously and comply with deadlines and instructions relating to the complaint.
Read moreGovernor Signs Bill Extending Local Licensing to 2024; Adding New State License Categories
The new law goes into effect July 1, 2024, 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.
Read moreFlorida Governor Signs HB 869 Making it Easier for Mold Assessor and Remediators and Asbestos Consultants and Contractors to Obtain Licenses in Florida
The new law allows mold assessors and remediators and asbestos consultants and contractors who have been licensed in another state for at least 10 years to obtain similar Florida licenses without some of the examination requirements. The statute also removes a deadline for electrical contractor “grandfathering” licensing applications.
Read moreFlorida Legislature Appears Ready to Push Local Licensing Cancellation Deadline to 2024
While four proposed statutes this Florida legislative session sought to clarify and resolve problems with the original 2021 statute cancelling local licensing by July 2023, only one of those has significantly advanced through committees and last week it was amended to simply extend the deadline for cancellation to July 2024.
Read moreContractor Fined Over $8,500.00 and Placed on Probation for Two Years for Assisting Unlicensed Contractor
The fine and penalties from a complaint filed against a certified general contractor by Florida’s Department of Business and Professional Regulation for (1) performing and act which assisted a person or entity engaging in the prohibited uncertified and unregistered practice of contracting, and (2) obtaining a permit without having entered into a contract to perform the work specified in the permit.
Read moreNew Court Decision Clarifies That Preferred Contractors Named in Insurance Policies Can Hire Subcontractors Where Required by Licensing Laws
A recent Fourth District Court of Appeal decision clarifies that a specific contractor named to perform repairs in an insurance policy also includes necessary subcontractors, at least where the contractor’s license requires them to subcontract a portion of their work. The case provides clear interpretation of Chapter 489, Florida Statutes, and clarifies that contractors should be allowed to hire required subcontractors even where the contract does not expressly allow it.
Read moreFlorida Board of Architecture Determines Venezuelan Architect Not Allowed to Use Term "Architect" on Website in Florida
In a concurring opinion, Florida’s First District Court of Appeal recently affirmed disciplinary action taken by Florida’s Board of Architecture against a Venezuelan architect who did not have a Florida architect’s license, but was nonetheless using the term “architect” on his website.
Read moreRecent Court Decision Addresses Whether Failure to Obtain Local Licenses Renders Contracts Unenforceable
A recent decision from Florida’s Fourth District Court of Appeal addressed the issue of whether a subcontractor that failed to obtain local licenses required by a county ordinance was allowed to litigate claims for work that required those licenses. The case serves as another cautionary tale about the importance of complying with state licensing, local licensing, and contract requirements, and how all three can combine to make construction projects a complex compliance environment for contractors.
Read moreRecent Court Decision Describes Additional Way Contractors Can Appeal Penalties from DBPR
A recent court decision describes how a licensed contractor in Florida can have a punishment imposed without a hearing by the DBPR reversed and re-examined, particularly where the contractor challenges whether he or she received proper notice. The opinion also describes the steps required to establish proper service by the DBPR on a contract.
Read moreFlorida Appellate Court Affirms $174,377.38 Construction Lien Claim In Favor of Interior Designer
Earlier this year, Florida’s Third District Court of Appeal affirmed a final judgment in favor of an interior designer who served as an owner’s representative and oversaw renovations at the owner’s condominium while he was out of the country. The appellate decision, and underlying trial court order, do a good job of showing how designers can distinguish themselves from contractors for the purpose of complying with licensing and construction lien laws.
Read moreNew Statute Phases Out Local Licenses by 2023
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 and opens the door to many trades being able to work without a license in Florida.
Read moreLicensed in Another State? Here's How to Use That to Become Licensed in Florida!
In July 2020, Florida changed its contractor licensing statute to make it easier for contractors who have been licensed in other states for at least 10 years to obtain a Florida contractor’s license without having to take a licensing exam. While Florida has not entered into any formal reciprocity agreements with other states, we do finally have guidance on exactly how to apply for a Florida’s contractor’s license using your existing license from another state
Read moreResidential Contractor Ordered to Pay $56,731.00 in Restitution for Failing to Timely Pull Permits
A residential contractor was ordered to pay a $5,000.00 fine and $56,731.00 for failing to pull a permit within 30 days as required by Florida statute. While there were other factors involved, the only offense charged by the DBPR was failure to timely pull a permit, showing how quickly and badly things can spiral once licensing issues arise.
Read moreAn Update on Construction License Reciprocity in Florida
In July of this year, Florida enacted the Occupational Freedom and Opportunity Act, which included language requiring many of Florida’s professions, including contractors, to stake steps towards advancing reciprocity with other states. Recently, the Construction Industry Licensing Board published a short statement regarding states and licenses that currently meet Florida’s requirements for reciprocity.
Read moreContractors Are Heavily Regulated, Licensed Professionals -- So Act Like It!
When comparing Florida contractors to other professions in the state, only medical professionals are more heavily regulated. General contractors are more regulated than most professions, from architects to veterinarians, and the industry should recognize this and adapt.
Read moreNew Florida Statute Makes it Easier for Engineers in Other States to be Licensed in Florida
Earlier this week, I posted about changes to Florida’s construction licensing scheme brought about by the new Florida Occupational Freedom and Opportunity Act. In addition to impacting building and trade contractors throughout Florida, the act has also altered the reciprocity requirements for engineering licensing, making it easier for engineers in other states to become licensed in Florida.
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