HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 667 Department of Business and Professional Regulation
SPONSOR(S): Commerce Committee, McClain
TIED BILLS: IDEN./SIM. BILLS: CS/SB 714
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee 17 Y, 0 N Wright Anstead
2) State Administration & Technology 14 Y, 0 N Lee Topp
Appropriations Subcommittee
3) Commerce Committee 19 Y, 0 N, As CS Wright Hamon
SUMMARY ANALYSIS
The Department of Business and Professional Regulation (DBPR) is responsible for licensing and regulating various
businesses and professions throughout the state, including asbestos professionals, mold -related professionals,
electrical contractors, public lodging establishments, public food service establishments, veterinarians, and malt
beverage manufacturers.
Related to mold-related professional licensing regulations, the bill provides a pathway for a person who holds a
license in another state to obtain a Florida license.
Related to asbestos professional licensing regulations, the bill:
provides a limited pathway for a person licensed in another state to get a Florida license, and
removes the requirement to show limits of bondability and credit to demonstrate financial stability.
Related to electrical contractors licensing regulations, the bill allows certain local electrical and alarm contractors to
be licensed statewide.
Related to pugilistic exhibitions, the bill removes the maximum participant weight differential requirement for all
exhibition matches, which will allow any exhibition to include participants not in the same weight category.
Related to public lodging establishments and public food service establishments, the bill:
requires licensees to submit certain documents, fees, and communications online;
requires licensees to provide an email address for primary communication with DBPR;
allows the guest registry at a transient public lodging establishment to be kept online;
allows 2-year renewals on licenses, instead of only 1-year renewals;
removes the requirement for a staggered initial license fee schedule; and
exempts outdoor ovens or outdoor kitchen equipment from certain operational requirements.
Related to veterinarians, the bill allows an employee, agent, or contractor of an animal control authority acting under
the indirect supervision of a veterinarian to administer rabies vaccinations to impounded animals.
Related to malt beverage manufacturers, the bill limits the annual re gistration fee for each malt beverage brand and
label to a brand or label that is sold to a distributor, not to a brand or label that is kept in -house.
The bill has a significant negative fiscal impact on state government revenues in the Hotel and Restaur ant Trust
Fund. The estimated loss of licensing revenue for the Division of Hotels and Restaurants over three fiscal years is
$5.1 million (6% annually). There is a minimal positive impact on state expenditures. There is no fiscal impact on
local governments and a significant positive fiscal impact on the private sector. See Fiscal Analysis & Economic
Impact Statement.
The bill has an effective date of July 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Department of Business and Professional Regulation
The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses
various businesses and professionals in Florida through the following divisions:
• The Division of Administration,
• The Division of Alcoholic Beverages and Tobacco,
• The Division of Certified Public Accounting,
• The Division of Drugs, Devices, and Cosmetics,
• The Division of Florida Condominiums, Timeshares, and Mobile Homes,
• The Division of Hotels and Restaurants,
• The Division of Pari-mutuel Wagering,
• The Division of Professions,
• The Division of Real Estate,
• The Division of Regulation,
• The Division of Technology, and
• The Division of Service Operations.1
The Division of Professions licenses and regulates various professions through 12 professional boards,
five programs, and one council, including the: 2
• Asbestos Licensing Unit,
• Electrical Contractors’ Licensing Board (ECLB), and
• Mold-Related Services Program.
The Division of Regulation is the enforcement authority for Labor Organizations and Business Agents,
the Florida Athletic Commission (FAC), Farm Labor Program, Child Labor Program, and any
professional boards and programs housed within the Division of Professions. 3
The Division of Hotels and Restaurants (H&R) licenses, inspects, and regulates public lodging and food
service establishments in Florida..4
Mold-Related Services
Background
Mold assessors and mold remediators are regulated by ch. 468, part XVI, F.S., and licensed by the
Mold-Related Services Licensing Program 5 in DBPR.
“Mold assessment” means a process performed by a mold assessor that includes the physical sampling
and detailed evaluation of data obtained from a building history and inspection to formulate an initial
hypothesis about the origin, identity, location, and extent of amplification of mold growth of greater than
ten square feet.6
1 S. 20.165, F.S.
2 Florida Department of Business and Professional Regulation, Division of Professions, http://www.myfloridalicense.com/DBPR/division-
of-professions/ (last visited Jan. 14, 2022).
3 Except the Board of Architecture and Interior Design, and the Florida Board of Professional Engineers. Florida Department of
Business and Professional Regulation, Division of Regulation, http://www.myfloridalicense.com/DBPR/division-of-regulation/ (last
visited Jan. 14, 2022).
4 Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants,
http://www.myfloridalicense.com/DBPR/hotels-restaurants/ (last visited Jan. 14, 2022).
5 S. 468.84, F.S.
6 S. 468.8411(3), F.S.
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“Mold remediation” means the removal, cleaning, sanitizing, demolition, or other treatment, including
preventive activities, of mold or mold-contaminated matter of greater than ten square feet that was not
purposely grown at that location; however, it may not include work that requires a contractor license
under ch. 489, F.S.7
In order to be licensed as a mold assessor or mold remediator, an applicant must:
be of good moral character,
pass the required DBPR-approved examination offered by a nationally recognized organization
that certifies persons in the specialty of mold assessment or mold remediation,
have required liability insurance, and
complete either:
o at least a two-year associate of arts degree with certain course requirements and a
minimum of one year of experience; or
o a high school diploma or the equivalent with a minimum of four years of experience. 8
A person who is licensed in another state is eligible for a license by endorsement in Florida if they:9
are of good moral character;
hold required general liability insurance;
hold a valid license to practice as a mold assessor or mold remediator in another state or
territory of the United States whose educational requirements are substantially equivalent to
Florida; and
have passed a national, regional, state, or territorial licensing examination that is substantially
equivalent to the required Florida examination.
Applicants for a mold-related license pay an initial licensure fee of $230. There are currently 2,700
licensed mold assessors and 2,727 licensed mold remediators in the state. 10
Effect of the Bill
The bill allows applicants who hold a mold-related license in another state to obtain a license by
endorsement in Florida, if they have held a valid license to practice in another state or territory of the
United States for at least ten years before the date of application, without needing to take a Florida-
specific examination or training.
Such applications for a Florida license by endorsement must be made either when the applicant’s
license in another state or territory is active or within two years of when such license was last active.
The bill clarifies the provision relating to licensure examination requirements.
Asbestos Consultants and Contractors
Background
Asbestos consultants and contractors are regulated by ch. 469, F.S., and licensed by the Asbestos
Licensing Unit in DBPR. Florida licensing standards must also comply with the U.S. Environmental
Protection Agency’s Asbestos Model Accreditation Plan for States(MAP), which includes mandatory
nationwide standards for testing and education.11
“Asbestos abatement” means the removal, encapsulation, enclosure, or disposal of asbestos. 12
7 S. 468.8411(5), F.S.
8 S. 468.8413(2), F.S.
9 S. 468.8414(3), (4), F.S.
10 Email from Cody McCloud, Legislative Affairs Director, Department of Business and Professional Regulation, RE: HB 667 (Jan. 6,
2022).
11 40 C.F.R. § 763 Appendix C to Subpart E.
12 S. 469.001(1), F.S.
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An asbestos consultant may:
• conduct an asbestos survey,
• develop an operation and maintenance plan,
• monitor and evaluate asbestos abatement, and
• prepare asbestos abatement specifications.13
An asbestos contractor may perform the work of an asbestos consultant and conduct asbestos
abatement work.14
In order to be eligible to be licensed as an asbestos consultant or contractor, an applicant must meet
one of the following criteria:15
hold a current, valid, active license as an architect issued under ch. 481, F.S.;
hold a current, valid, active license as a professional engineer issued under ch. 471, F.S.,
hold a current, valid, active license as a professional geologist under ch. 492, F.S.;
be a diplomat of the American Board of Industrial Hygiene; or
have been awarded designation as a Certified Safety Professional by the Board of Certified
Safety Professionals.
An applicant for licensure as either an asbestos consultant or contractor must also: 16
if applying for an asbestos consultant license, complete DBPR-approved courses in the
following topics:
o building asbestos surveys and mechanical systems,
o asbestos management planning,
o respiratory protection, and
o project designer.
if applying for an asbestos contractor license, complete courses in the following topics:
o asbestos contractor/supervisor, and
o respiratory protection.
provide evidence of satisfactory work on ten asbestos projects within the last five years,
provide evidence of financial stability, and
pass the DBPR-approved examination.
In order to determine financial stability and adopt standards in related rules, 17 DBPR must use both the
applicant’s credit history and limits of bondability and credit.18
There is no provision which specifically allows or addresses licenses by endorsement for asbestos
licensees of other states.
Applicants for an asbestos license pay a business license fee of $555, an initial licensure fee of $555,
and an examination fee of $340.19 There are currently 119 licensed asbestos contractors and 106
licensed asbestos consultants in the state.20 DBPR has received an average of 33 asbestos
applications per year over the last three fiscal years.21
Effect of the Bill
The bill allows applicants who hold an asbestos license in another state license to obtain a license by
endorsement in Florida if they have:
passed a written examination in any state that meets the requirements of MAP,
13 S. 469.003, F.S.
14 S. 469.003(3), F.S.
15 S. 469.004(1), F.S.
16 S. 469.005, F.S.
17 The standards for determining an applicant’s financial stability can be found in r. 61E1 -4.002, F.A.C.
18 S. 469.006(2)(c)2., F.S.
19 R. 61E1-3.001, F.A.C.
20 DBPR, supra note 10.
21 Department of Business and Professional Regulation (DBPR), Agency Analysis of 2022 Senate Bill 714, p. 9 (Jan. 14, 2022).
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held a license as an asbestos consultant or asbestos contractor issued by another state or
territory of the United States for at least ten years,
demonstrated financial stability, and
completed the required DBPR-approved courses.
Such applicants must apply while they hold an active license in another state or territory or within 2
years after such license was last active.
The bill removes the requirement that applicants show limits of bondability and credit in order to
prove financial stability. Applicants will still need to provide their credit history to meet financial stability
standards.
Electrical Contractors
Background
Statewide electrical, alarm system, and specialty contractors are regulated by of ch. 489, part II, F.S.,
and licensed and regulated by the ECLB within DBPR. 22 An electrical contractor engages in business
as a contractor or performs electrical or alarm work for compensation. 23
Electrical contractors may work on electrical wiring, fixtures, appliances, apparatus, raceways, and
conduits which generate, transmit, transform, or utilize electrical energy in any form. The scope of an
electrical contractor’s license includes alarm system work. 24
Alarm system contractors may lay out, fabricate, install, maintain, alter, repair, monitor, inspect,
replace, or service burglary, fire, robbery, or medical emergency alarm systems. 25
In order to become a certified electrical, alarm system, or specialty contractor, an applicant must:26
be at least 18 years of age;
be of good moral character;
pass the certification examination;
have workers’ compensation insurance or an exemption, and public liability and property
damage insurance; and
meet certain training and education criteria.
A registered contractor is an individual that have taken and passed a local competency examination
and can practice the specific category of contracting for which they are approved, only in the local
jurisdiction for which the license is issued.27 Locally registered contractors that are required to hold a
contracting license to practice their profession in accordance with state law must register with DBPR
after obtaining a local license.28
Section 489.514, F.S., created a pathway that allowed registered local electrical and alarm contractors
who met certain criteria to have their local registration converted into a certified statewide license by the
ECLB. The provision required applicants to apply by November 1, 2021, and is thus is no longer
available for use by local registered contractors. This provision is commonly referred to as the
“grandfathering provision.”
Any registered contractor wishing to have their license “grandfathered” into a certified license had to
submit a completed application to the ECLB, pay an appropriate fee, and show evidence of the
following criteria:
22 S. 489.507, F.S.
23 S. 489.505(9), F.S.
24 Ss. 489.505(12) & 489.537(7), F.S.
25 S. 489.505(1)-(2), F.S.
26 S. 489.511(1) & (4), F.S.
27 S. 489.505(21)-(23), F.S.
28 S. 489.513, F.S.
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currently holds a valid registered local license in the certification of electrical contractor, alarm
system contractor, or electrical specialty contractor sought;
has, for the certification category sought, passed a written, proctored examination that the
ECLB finds to be substantially similar to the examination required to be licensed as a certified
contractor;
has at least five years of experience as a contractor in the certification category sought, or as
an inspector or building administrator with oversight over that category. For contractors, only
time periods in whi