Florida Senate - 2020 SB 1336 By Senator Perry 8-01509A-20 20201336__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to preemption of local occupational 2 licensing; creating s. 163.21, F.S.; defining terms; 3 preempting licensing of occupations to the state; 4 providing exceptions; prohibiting local governments 5 from imposing additional licensing requirements or 6 modifying licensing unless specified conditions are 7 met; specifying that certain local licensing that does 8 not meet specified criteria does not apply and may not 9 be enforced; amending s. 489.117, F.S.; specifying 10 that certain specialty contractors are not required to 11 register with the Construction Industry Licensing 12 Board; prohibiting local governments from requiring 13 certain specialty contractors to obtain a license 14 under specified circumstances; specifying job scopes 15 for which a local government may not require a 16 license; amending ss. 489.1455 and 489.5335, F.S.; 17 authorizing counties and municipalities to issue 18 certain journeyman licenses; providing an effective 19 date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23

Section

Section 163.21, Florida Statutes, is created to 24 read: 25 163.21 Licensing of occupations preempted to state.— 26

(1) DEFINITIONS.—As used in this section: 27 (a) “Licensing” means any training, education, test, 28 certification, registration, procedure, or license that is 29

Florida Senate - 2020 SB 1336 8-01509A-20 20201336__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. required for a person to perform an occupation in addition to 30 any associated fee. 31 (b) “Local government” means a county, municipality, 32 special district, or political subdivision of the state. 33 (c) “Occupation” means a paid job, profession, work, line 34 of work, trade, employment, position, post, career, field, 35 vocation, or craft. 36

(2) PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE.—The 37 licensing of occupations is expressly preempted to the state and 38 this

section supersedes any local government licensing 39 requirement of occupations with the exception of the following: 40 (

a) Any local government that imposed licenses on 41 occupations before July 1, 2020. However, any such local 42 government licensing of occupations expires on July 1, 2022. 43 (

b) Any local government licensing of occupations 44 authorized by general law. 45

(3) EXISTING LICENSING LIMIT.—A local government that 46 licenses occupations and retains such licensing as set forth in 47 paragraph (2)(

a) may not impose additional licensing 48 requirements on that occupation or modify such licensing. 49

(4) LOCAL LICENSING NOT AUTHORIZED.—Local licensing of an 50 occupation that is not authorized under this

section or 51 otherwise authorized by general law does not apply and may not 52 be enforced. 53

Section 2. Paragraph (

a) of subsection (4) of

section 54 489.117, Florida Statutes, is amended to read: 55 489.117 Registration; specialty contractors.— 56 (4)(

a) A person holding a local license whose job scope 57 does not substantially correspond to either the job scope of one 58

Florida Senate - 2020 SB 1336 8-01509A-20 20201336__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. of the contractor categories defined in s. 489.105(3)(a)-(o), or 59 the job scope of one of the certified specialty contractor 60 categories established by board rule, is not required to 61 register with the board to perform contracting activities within 62 the scope of such specialty license. A local government, as 63 defined in s. 163.21(1), may not require a person to obtain a 64 license for a job scope which does not substantially correspond 65 to the job scope of one of the contractor categories defined in 66 s. 489.105(3)(a)-(

o) and (

q) or authorized in s. 489.1455(1). 67 For purposes of this section, job scopes for which a local 68 government may not require a license include, but are not 69 limited to, painting, flooring, cabinetry, interior remodeling, 70 driveway or tennis court installation, decorative stone, tile, 71 marble, granite, or terrazzo installation, plastering, 72 stuccoing, caulking, canvas awning, and ornamental iron 73 installation. 74

Section

Section 489.1455, Florida Statutes, is amended 75 to read: 76 489.1455 Journeyman; reciprocity; standards.— 77

(1) Counties and municipalities are authorized to issue 78 journeyman licenses in the plumbing, pipe fitting, mechanical, 79 or HVAC trades. 80 (2)

(1) An individual who holds a valid, active journeyman 81 license in the plumbing, pipe fitting plumbing/pipe fitting, 82 mechanical, or HVAC trades issued by any county or municipality 83 in this state may work as a journeyman in the trade in which he 84 or she is licensed in any county or municipality of this state 85 without taking an additional examination or paying an additional 86 license fee, if he or she: 87

Florida Senate - 2020 SB 1336 8-01509A-20 20201336__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. (

a) Has scored at least 70 percent, or after October 1, 88 1997, at least 75 percent, on a proctored journeyman Block and 89 Associates examination or other proctored examination approved 90 by the board for the trade in which he or she is licensed; 91 (

b) Has completed an apprenticeship program registered with 92 a registration agency defined in 29 C.F.R. s. 29.2 and 93 demonstrates 4 years’ verifiable practical experience in the 94 trade for which he or she is licensed, or demonstrates 6 years’ 95 verifiable practical experience in the trade for which he or she 96 is licensed; 97 (

c) Has satisfactorily completed specialized and advanced 98 module coursework approved by the Florida Building Commission, 99 as part of the building code training program established in s. 100 553.841, specific to the discipline or, pursuant to 101 authorization by the certifying authority, provides proof of 102 completion of such coursework within 6 months after such 103 certification; and 104 (

d) Has not had a license suspended or revoked within the 105 last 5 years. 106 (3)

(2) A local government may charge a registration fee for 107 reciprocity, not to exceed $25. 108

Section

Section 489.5335, Florida Statutes, is amended 109 to read: 110 489.5335 Journeyman; reciprocity; standards.— 111

(1) Counties and municipalities are authorized to issue 112 journeyman licenses in the electrical and alarm system trades. 113 (2)

(1) An individual who holds a valid, active journeyman 114 license in the electrical or alarm system trade issued by any 115 county or municipality in this state may work as a journeyman in 116

Florida Senate - 2020 SB 1336 8-01509A-20 20201336__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. the trade in which he or she is licensed in any other county or 117 municipality of this state without taking an additional 118 examination or paying an additional license fee, if he or she: 119 (

a) Has scored at least 70 percent, or after October 1, 120 1997, at least 75 percent, on a proctored journeyman Block and 121 Associates examination or other proctored examination approved 122 by the board for the electrical trade in which he or she is 123 licensed; 124 (

b) Has completed an apprenticeship program registered with 125 a registration agency defined in 29 C.F.R. s. 29.2 and 126 demonstrates 4 years’ verifiable practical experience in the 127 electrical trade for which he or she is licensed, or 128 demonstrates 6 years’ verifiable practical experience in the 129 electrical trade for which he or she is licensed; 130 (

c) Has satisfactorily completed specialized and advanced 131 module coursework approved by the Florida Building Commission, 132 as part of the building code training program established in s. 133 553.841, specific to the discipline, or, pursuant to 134 authorization by the certifying authority, provides proof of 135 completion of such curriculum or coursework within 6 months 136 after such certification; and 137 (

d) Has not had a license suspended or revoked within the 138 last 5 years. 139 (3)

(2) A local government may charge a registration fee for 140 reciprocity, not to exceed $25. 141

Section 5. This act shall take effect July 1, 2020. 142