Bill Text: FL S1336 | 2020 | Regular Session | Comm Sub
Bill Title: Preemption of Local Occupational Licensing
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Innovation, Industry, and Technology [S1336 Detail]
Download: Florida-2020-S1336-Comm_Sub.html
Florida Senate - 2020 CS for SB 1336 By the Committee on Community Affairs; and Senator Perry 578-03061-20 20201336c1 1 A bill to be entitled 2 An act relating to preemption of local occupational 3 licensing; creating s. 163.21, F.S.; defining terms; 4 preempting licensing of occupations to the state; 5 providing exceptions; prohibiting local governments 6 from imposing additional licensing requirements or 7 modifying licensing unless specified conditions are 8 met; specifying that certain local licensing that does 9 not meet specified criteria does not apply and may not 10 be enforced; providing construction; amending s. 11 489.117, F.S.; specifying that certain specialty 12 contractors are not required to register with the 13 Construction Industry Licensing Board; prohibiting 14 local governments from requiring certain specialty 15 contractors to obtain a license under specified 16 circumstances; specifying job scopes for which a local 17 government may not require a license; amending ss. 18 489.1455 and 489.5335, F.S.; authorizing counties and 19 municipalities to issue certain journeyman licenses; 20 providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 163.21, Florida Statutes, is created to 25 read: 26 163.21 Licensing of occupations preempted to state.— 27 (1) DEFINITIONS.—As used in this section: 28 (a) “Licensing” means any training, education, test, 29 certification, registration, or license that is required for a 30 person to perform an occupation in addition to any associated 31 fee. 32 (b) “Local government” means a county, municipality, 33 special district, or political subdivision of the state. 34 (c) “Occupation” means a paid job, profession, work, line 35 of work, trade, employment, position, post, career, field, 36 vocation, or craft. 37 (2) PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE.—The 38 licensing of occupations is expressly preempted to the state and 39 this section supersedes any local government licensing 40 requirement of occupations with the exception of the following: 41 (a) Any local government that imposed licenses on 42 occupations before October 1, 2020. 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 54 Nothing in this section is intended to prevent or restrict a 55 local government’s ability to enact residency requirements for 56 licenses or licensees. 57 Section 2. Paragraph (a) of subsection (4) of section 58 489.117, Florida Statutes, is amended to read: 59 489.117 Registration; specialty contractors.— 60 (4)(a) A personholding a local licensewhose job scope 61 does not substantially correspond to either the job scope of one 62 of the contractor categories defined in s. 489.105(3)(a)-(o), or 63 the job scope of one of the certified specialty contractor 64 categories established by board rule, is not required to 65 register with the boardto perform contracting activities within66the scope of such specialty license. A local government, as 67 defined in s. 163.21(1), may not require a person to obtain a 68 license for a job scope which does not substantially correspond 69 to the job scope of one of the contractor categories defined in 70 s. 489.105(3)(a)-(o) and (q) or authorized in s. 489.1455(1). 71 For purposes of this section, job scopes for which a local 72 government may not require a license include, but are not 73 limited to, painting, flooring, cabinetry, interior remodeling, 74 driveway or tennis court installation, decorative stone, tile, 75 marble, granite, or terrazzo installation, plastering, 76 stuccoing, caulking, canvas awning, and ornamental iron 77 installation. 78 Section 3. Section 489.1455, Florida Statutes, is amended 79 to read: 80 489.1455 Journeyman; reciprocity; standards.— 81 (1) Counties and municipalities are authorized to issue 82 journeyman licenses in the plumbing, pipe fitting, mechanical, 83 or HVAC trades. 84 (2)(1)An individual who holds a valid, active journeyman 85 license in the plumbing, pipe fittingplumbing/pipe fitting, 86 mechanical, or HVAC trades issued by any county or municipality 87 in this state may work as a journeyman in the trade in which he 88 or she is licensed in any county or municipality of this state 89 without taking an additional examination or paying an additional 90 license fee, if he or she: 91 (a) Has scored at least 70 percent, or after October 1, 92 1997, at least 75 percent, on a proctored journeyman Block and 93 Associates examination or other proctored examination approved 94 by the board for the trade in which he or she is licensed; 95 (b) Has completed an apprenticeship program registered with 96 a registration agency defined in 29 C.F.R. s. 29.2 and 97 demonstrates 4 years’ verifiable practical experience in the 98 trade for which he or she is licensed, or demonstrates 6 years’ 99 verifiable practical experience in the trade for which he or she 100 is licensed; 101 (c) Has satisfactorily completed specialized and advanced 102 module coursework approved by the Florida Building Commission, 103 as part of the building code training program established in s. 104 553.841, specific to the discipline or, pursuant to 105 authorization by the certifying authority, provides proof of 106 completion of such coursework within 6 months after such 107 certification; and 108 (d) Has not had a license suspended or revoked within the 109 last 5 years. 110 (3)(2)A local government may charge a registration fee for 111 reciprocity, not to exceed $25. 112 Section 4. Section 489.5335, Florida Statutes, is amended 113 to read: 114 489.5335 Journeyman; reciprocity; standards.— 115 (1) Counties and municipalities are authorized to issue 116 journeyman licenses in the electrical and alarm system trades. 117 (2)(1)An individual who holds a valid, active journeyman 118 license in the electrical or alarm system trade issued by any 119 county or municipality in this state may work as a journeyman in 120 the trade in which he or she is licensed in any other county or 121 municipality of this state without taking an additional 122 examination or paying an additional license fee, if he or she: 123 (a) Has scored at least 70 percent, or after October 1, 124 1997, at least 75 percent, on a proctored journeyman Block and 125 Associates examination or other proctored examination approved 126 by the board for theelectricaltrade in which he or she is 127 licensed; 128 (b) Has completed an apprenticeship program registered with 129 a registration agency defined in 29 C.F.R. s. 29.2 and 130 demonstrates 4 years’ verifiable practical experience in the 131electricaltrade for which he or she is licensed, or 132 demonstrates 6 years’ verifiable practical experience in the 133electricaltrade for which he or she is licensed; 134 (c) Has satisfactorily completed specialized and advanced 135 module coursework approved by the Florida Building Commission, 136 as part of the building code training program established in s. 137 553.841, specific to the discipline,or, pursuant to 138 authorization by the certifying authority, provides proof of 139 completion of such curriculum or coursework within 6 months 140 after such certification; and 141 (d) Has not had a license suspended or revoked within the 142 last 5 years. 143 (3)(2)A local government may charge a registration fee for 144 reciprocity, not to exceed $25. 145 Section 5. This act shall take effect July 1, 2020.