In 2021, HB 735 was enacted, relating to preempting occupational licensing to the state, and specifically preempted local licensing that is outside the scope of state contractor licensing provisions. Specifically, it provided that a county or municipality may not require a license for a person whose job scope does not substantially correspond to a statutory or specialty contractor category licensed by the Construction Industry Licensing Board (CILB).
In 2023, HB 1383 was enacted, as a follow-up to HB 735 in 2021. The law extended the expiration date for local licensing and established new specialty license categories. Recently, some local governments have stopped performing certain local licensing functions related to specialty contractors.
In 2024, the Florida Legislature has enacted important updates with the passage of Florida Senate Bill 1142 (SB 1142). Here’s what you need to know:
Extension of Local Government Licensing Expiration
Under the amended section 163.211 of the Florida Statutes, the expiration date for certain local government licensing requirements has been extended to July 1, 2025. Originally set to expire on July 1, 2024, this extension allows local governments additional time to adjust to the preemption of occupational licensing to the state level.
Establishment of Certified Specialty Contractor Categories
The CILB is now required to establish certified specialty contractor categories for voluntary licensure by July 1, 2025. This extension from the original 2024 deadline allows the board more time to implement the following specialty categories:
- Structural aluminum or screen enclosures
- Marine seawall work
- Marine bulkhead work
- Marine dock work
- Marine pile driving
- Structural masonry
- Structural prestressed, precast concrete work
- Rooftop solar heating installation
- Structural steel
- Window and door installation, including garage door installation and hurricane or windstorm protection
- Plaster and lath
- Structural carpentry
Registration Requirements for Specialty Contractors
Significant changes have been made to section 489.117 of the Florida Statutes, impacting registration processes for specialty contractors. The board is now mandated to issue registrations to eligible applicants under certain conditions. Notably:
- Applicants who held a certificate of registration or a local license in 2021, 2022, or 2023 can apply for registration.
- Applicants must provide evidence of previous registration or licensure, proof of compliance with insurance and financial responsibility requirements, and pay the required fees.
- The board will discipline these licensees and make licensing and disciplinary information available through the automated information system.
Fees and Notifications
The fees for initial registration and renewal of such registrations will align with the fees established by the board. The Department of Business and Professional Regulation (DBPR) will handle license, renewal, and cancellation notices, ensuring streamlined communication with registrants.
Effective Date
This act will take effect on July 1, 2024, giving all parties involved time to prepare for these changes.
Conclusion
These updates signify a substantial shift in how licensing is managed in Florida, particularly for local governments and specialty contractors. The extensions and new requirements aim to facilitate a smoother transition to state-level preemption and enhance the efficiency and transparency of the licensing process. Stay informed and ensure you meet the new requirements by the effective date.