In July 2021, Florida’s legislature enacted a law that eliminated nearly all local licenses as of July 1, 2023. Four proposed statutes from the current (2023) legislative session all seek to clarify and update that statute to address some of the concerns that have arisen since July 2021, with the apparent goal being to amend the statute before the July 1, 2023 deadline.
HB 1625, SB 1584, SB 1570, and HB 1383 are all attempts to modify the portions of Florida’s contractor licensing statute that were enacted to largely eliminate local licensing. Most of the statutes seek to add back in some requirements for local licenses, or equivalent specialty licenses at the state level. All four statutes clarify that local governments cannot make the issuance of a building permit contingent on having a license. The details are laid out below.
HB 1625 makes the following changes to 489.117, Florida Statutes
Clarifies that a local government cannot require a person to obtain a license issued by the local government of by the state for certain job scopes.
Clarifies that interior remodeling, which can be performed without a license under this statute, cannot include any structural components.
Adds pressure washing to the list of services that a local government absolutely cannot require a local license for.
Adds the following language at the end of the statute:
All work performed within these job scopes without a license issued by the local government or by the state must comply with all applicable local ordinances regarding such work; however, a local government may not require a license issued by the local government or by the state to obtain a building permit for these job scopes.
2. [A local government] May require a person to obtain a license issued by the local government for all of the following specialty job scopes, or any part or combination thereof, if the local government imposed such a licensing requirement before January 1, 2021:
a. Aluminum or screen enclosure, with or without concrete.
b. Carpentry, with a structural component, or finish carpentry, without a structural component.
c. Pool safety barrier.
d. Concrete forming, placing, or finishing, including on or off grade.
e. Demolition.
f. Dredging and land filling.
g. Excavation and clearing.
h. Fence installation and erection.
i. Garage door installation. 57
Gasoline tank and pump.
k. Hurricane or windstorm protection.
l. Irrigation sprinklers.
m. Landscaping (application of fertilizers).
n. Marine work.
o. Masonry, with a structural component.
p. Paving, sealing, or striping.
q. Pile driving.
r. Plaster and lath.
s. Prestressed precast concrete.
t. Reinforcing iron and steel.
u. Rental apartment maintenance and repair.
v. Roof painting, coating, and cleaning.
w. Sandblasting or waterproofing.
x. Solar heating installation.
y. Specialty structure work performed by a specialty contractor, as defined in s. 489.105(3)(q), or by a specialty structure contractor as defined in the administrative rules of the department, including gutters, metal substructures, pool enclosures, pre-formed panel-post and beam roofs, roof-overs, screened enclosures, screened porches, sunrooms, and windstorm protective devices.
z. Structural iron, metals, and steel erection.
aa. Swimming pool enclosures.
bb. Swimming pool or spa, including commercial or
residential repair or service.
cc. Tennis court.
dd. Tree removal and trimming.
ee. Veneer, including aluminum or vinyl gutters, siding, soffit, or fascia.
ff. Window and door installation
SB 1584 is essentially identical to HB 1625, up until part two, where it contains a much shorter list of job scopes for which a local government can require a license. That language is as follows:
2. [A local government] May require a person to obtain a license issued by the local government for all of the following specialty job scopes, or any part or combination thereof, if the local government imposed such a licensing requirement before January 1, 2021:
a. Garage door installation.
b. Gasoline tank and pump.
c. Masonry, with a structural component.
d. Prestressed precast concrete.
e. Reinforcing steel.
f. Solar heating installation.
g. Specialty structure work performed by a specialty contractor, as defined in s. 489.105(3)(q), or by a specialty structure contractor as defined in the administrative rules of the department, including gutters, metal substructures, pool enclosures, pre-formed panel-post and beam roofs, roof-overs, screened enclosures, screened porches, sunrooms, and windstorm protective devices.
h. Structural steel erection.
i. Veneer, including aluminum or vinyl gutters, siding, soffit, or fascia. Section
2. By July 1, 2023, the Construction Industry 65 Licensing Board shall establish additional specialty licenses related to window and door installation, irrigation, aluminum structures, glass and glazing, garage doors, and marine work.
SB 1570 is also essentially identical to the first portion of HB 1625 and SB 1584, but differs from them on the types of work for which a local government can require a local license. That section of the proposed statute states":
2. [A local government] May require a person to obtain a license issued by the local government for all of the following specialty job scopes, or any part or combination thereof, if the local government imposed such a licensing requirement before January 1, 2021:
a. Aluminum or screen enclosure, with or without concrete.
b. Carpentry, with a structural component, or finish carpentry, without a structural component.
c. Concrete forming, placing, or finishing, including on or off grade.
d. Demolition.
e. Dredging and land filling.
f. Excavation and clearing.
g. Garage door installation.
h. Gasoline tank and pump.
i. Hurricane or windstorm protection.
j. Masonry, with a structural component.
k. Paving, sealing, or striping.
l. Pile driving.
m. Pool safety barrier.
n. Prestressed precast concrete.
o. Reinforcing iron and steel.
p. Rental apartment maintenance and repair.
q. Roof painting, coating, and cleaning.
r. Sandblasting or waterproofing.
s. Solar heating installation.
t. Specialty structure work performed by a specialty contractor, as defined in s. 489.105(3)(q), or by a specialty structure contractor as defined in the administrative rules of the department, including gutters, metal substructures, pool enclosures, pre-formed panel-post and beam roofs, roof-overs, screened enclosures, screened porches, sunrooms, and windstorm protective devices.
u. Structural iron, metals, and steel erection.
v. Swimming pool enclosures.
w. Swimming pool or spa, including commercial or residential repair or service.
x. Tree removal and trimming.
y. Veneer, including aluminum or vinyl gutters, siding, soffit, or fascia.
z. Window and door installation.
Finally HB 1383 takes a completely different approach, and instead of adding categories of local licensing back into the statute, it creates requirements for more state specialty licenses. HB 1383 modifies 489.113(6) by creating a new subparagraph as follows:
(b) By July 1, 2023, the board shall, by rule, establish certified specialty contractor categories for voluntary licensure for all of the following:
1. Structural aluminum or screen enclosures.
2. Marine seawall work.
3. Marine bulkhead work.
4. Marine dock work.
5. Marine pile driving.
6. Structural masonry.
7. Structural prestressed, precast concrete work.
8. Rooftop solar heating installation.
9. Structural steel.
10. Window and door installation, including garage door installation and hurricane or windstorm protection.
Then HB 1383 modifies 489.117 as indicated by the underlined language below:
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 46by 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 license as a prerequisite to submit a bid for public work projects if the work to be performed does not require a license under general law.
2. 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. A local government may not require a license to obtain a permit for such job scopes.
With four possible statutes in play, it is likely that substantial changes will be made to the local licensing scheme in Florida this legislative session.