The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/SB 1142
INTRODUCER: Fiscal Policy Committee and Senator Hooper
SUBJECT: Occupational Licensing
DATE: February 8, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Kraemer Imhof RI Favorable
2. Kraemer Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1142 amends s. 489.117, F.S., relating to the registration of specialty contractors, to
authorize registered contractors in good standing who have been registered with a local
jurisdiction during calendar years 2021, 2022, or 2023, to qualify for a registration when the
local jurisdiction has determined not to continue issuing local licenses or exercising disciplinary
oversight over such licensees. The bill requires the Construction Industry Licensing Board to
issue licenses to eligible applicants in the circumstances specified in the bill.
To be eligible for registration under these circumstances, an applicant must provide:
Evidence of the prior local registration during 2021, 2022, or 2023;
Evidence that the local jurisdiction does not have a license type available for the category of
work for which the applicant was issued a certificate of registration or local license during
2021, 2022, or 2023, which may include a notification on the website of the local jurisdiction
or an e-mail or letter from the local building department;
The required application fee; and
Compliance with the insurance and financial responsibility requirements for contractors
under current law.
There is no impact expected on local government revenues and expenditures. See Section V,
Fiscal Impact Statement.
The bill takes effect July 1, 2024.
BILL: CS/SB 1142 Page 2
II. Present Situation:
State Preemption Relating to Certain Occupational Licensing
Current law expressly preempts the licensing of occupations to the state and supersedes any local
government licensing of occupations, with the exception of local government licensing of
occupations authorized by general law or occupational licenses imposed by a local government
before January 1, 2021.1 Local government occupational licensing requirements imposed by that
date may not be increased or modified, meaning that local governments are not authorized to
increase existing occupational license fees, and the authority of local governments to license
occupations and collect license fees expires on July 1, 2024.2
Section 489.117(4)(a), F.S., specifically prohibits local governments from requiring a license for
a person whose job scope does not substantially correspond to that of a contractor licensed by the
Construction Industry Licensing Board within the Department of Professional Regulation. It
specifically precludes local governments from requiring a license for: 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.
According to representatives from local government licensing agencies, many individuals and
small businesses have faced issues due to local governments advising local licenses would no
longer be issued after July 1, 2023, the initial date the local government exception was to expire.
Construction Professional Licenses
Chapter 489, F.S., relates to “contracting,” with part I addressing the licensure and regulation of
construction contracting, and part II addressing the licensure and regulation of electrical and
alarm system contracting.
Construction Contracting
Construction contractors are either certified or registered by the Construction Industry Licensing
Board (CILB) housed within the DBPR.3 The CILB consists of 18 members who are appointed
by the Governor and confirmed by the Senate.4 The CILB meets to approve or deny applications
for licensure, review disciplinary cases, and conduct informal hearings relating to discipline.5
"Certified contractors" are individuals who pass the state competency examination and obtain a
certificate of competency issued by the DBPR. Certified contractors are able to obtain a
certificate of competency for a specific license category and are permitted to practice in that
category in any jurisdiction in the state.6
1
See s. 163.211(2), F.S., as enacted by ch. 2021-214, Laws of Fla., popularly known as “HB 735,” and amended by ch. 2023-
271, Laws of Florida. The exception for local government licensing expires July 1, 2024.
2
Id.
3
See ss. 489.105, 489.107, and 489.113, F.S.
4
Section 489.107(1), F.S.
5
Section 489.107, F.S.
6
See ss. 489.105(6)-(8) and (11), F.S.
BILL: CS/SB 1142 Page 3
“Certified specialty contractors” are contractors whose scope of work is limited to a particular
phase of construction, such as drywall or demolition. Certified specialty contractor licenses are
created by the CILB through rulemaking. Certified specialty contractors are permitted to practice
in any jurisdiction in the state.7
“Registered contractors” are individuals who have paid the required fee, taken and passed a local
competency examination and licensing requirements, if any, and may practice the specific
category of contracting for which he or she is approved, only in the local jurisdiction for which
the license is issued.8
In the local jurisdictions that are eliminating local licensing requirements, registered contractors
will not be able to meet the current requirements to remain registered with the state, and under
current law, they will be required to meet the statewide certification requirements, including an
examination, to be able to continue to work in their trade category. Many registered contractors
have been in business for many years and have successfully met either the examination or
experience requirements, or both, for licensing in their local jurisdictions.
The following table provides examples of CILB licenses for contractors.9
Statutory Licenses
Air Conditioning- Classes A, B, and C
Building
General
Mechanical
Plumbing
Pool/Spa- Classes A, B, and C
Residential
Roofing
Sheet Metal
Solar
Underground Excavation
Current law provides that local governments may approve or deny applications for licensure as a
registered contractor, review disciplinary cases, and conduct informal hearings relating to
discipline of registered contractors licensed in their jurisdiction.10
However, under current law, a local government, as defined in s. 163.211, F.S., may not require
a person to obtain a license 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), F.S., or
authorized in s. 489.1455(1), F.S. 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,
7
See ss. 489.108, 489.113, 489.117, and 489.131, F.S.
8
Section 489.117, F.S. See also s. 489.105(3)(a)-(o), F.S.
9
See s. 489.105(a)-(q), F.S., and Fla. Admin. Code R. 61G4-15.015 through 61G4-15.040 (2021).
10
Sections 489.117 and 489.131, F.S.
BILL: CS/SB 1142 Page 4
or terrazzo installation; plastering; stuccoing; caulking; and canvas awning and ornamental iron
installation.11
Further, effective July 1, 2024, local governments are prohibited from issuing and requiring
construction licenses that are outside the scope of practice for a certified contractor or certified
specialty contractor.12 Local governments may only collect licensing fees that cover the cost of
regulation.13
Locally registered contractors who are required to hold a contracting license to practice their
profession in accordance with state law must register with the DBPR after obtaining a local
license.
However, persons holding a local construction license whose job scope does not substantially
correspond to the job scope of a certified contractor or a certified specialty contractor are not
required to register with the DBPR.14
Contractor Licensing Exemptions; Handyman Exemption
More than 20 categories of persons are exempt15 from the contractor licensing requirements of
ch. 489, F.S., including work falling under the so-called handyman exemption, meaning the work
is of a “casual, minor, or inconsequential nature,” and the total contract price for all labor,
materials, and all other items is less than $2,500, subject to certain exceptions.16
Contractor Licensing Exemption for Eligible Specialty Contracting Services
In 2022, an exemption from local and state licensing was established by the Legislature for all
persons performing certain specialty contracting services under the supervision of a certified or
11
See ch. 2021-214, Laws of Fla. (HB 735) (Reg. Sess. 2021).
12
Id.
13
See State Affairs Committee and Local, Federal & Veterans Affairs Subcommittee, The Florida House of Representatives,
The Local Government Formation Manual 2018 - 2020, available at
https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3025&Session=
2019&DocumentType=General%20Publications&FileName=2018-
2020%20Local%20Government%20Formation%20Manual%20Final.pdf (last visited Jan. 13, 2024).
14
Sections 489.105 and 489.117(4), F.S.
15
Exemptions provided in s. 489.103, F.S., include: contractors in work on bridges, roads, streets, highways, or railroads, and
other services defined by the CILB and the Florida Department of Transportation; employees of licensed contractors, if
acting within the scope of the contractor’s license, with that licensee’s knowledge; certain employees of federal, state, or
local governments or districts (excluding school and university boards), under limited circumstances; certain public utilities,
on construction, maintenance, and development work by employees; property owners, when acting as their own contractor
and providing “direct, onsite supervision” of all work not performed by licensed contractors on one-family or two-family
residences, farm outbuildings, or commercial buildings at a cost not exceeding $75,000; work undertaken on federal property
or when federal law supersedes part I of ch. 489, F.S.; registered architects and engineers acting within their licensed
practice, including those exempt from such licensing, but not acting as a contractor unless licensed under ch. 489, F.S.; work
on one-, two-, or three-family residences constructed or rehabilitated by Habitat for Humanity, International, Inc., or a local
affiliate, subject to certain requirements; certain disaster recovery mitigation or other organizations repairing or replacing a
one-family, two-family or three-family residence impacted by a disaster, subject to certain requirements; and employees of an
apartment community or apartment community management company who make minor repairs to existing electric water
heaters, electric heating, ventilating, and air-conditioning systems, subject to certain requirements See s. 489.103, F.S., for
additional exemptions.
16
See s. 489.103(9), F.S., and Fla. Admin. Code R. 61G-12.011(2).
BILL: CS/SB 1142 Page 5
registered commercial pool/spa contractor, a residential pool/spa contractor, or a swimming
pool/spa servicing contractor (a licensed pool contractor).17 A contractual relationship between
the supervising contractor and those performing the specialty contracting services is not required
(i.e., the performance of such contracting services is outside the business of contracting and need
not be undertaken through a contractor/subcontractor relationship).
The services that may be performed by unlicensed persons under the supervision of a licensed
pool contractor include the construction, remodeling, repair, or improvement of swimming pools,
hot tubs, spas, and interactive water features, as defined in the Florida Building Code (building
code).18 The exemption is not available for persons required to be certified or registered as
contractors for specified trade categories described in s. 489.105(3), F.S.,19 or those in
s. 489.505, F.S., relating to electrical and alarm system contracting.
Journeyman Licenses
A journeyman is a skilled worker in a building trade or craft. There is no state requirement for
licensure as a journeyman, but the construction and electrical contractor practice acts account for
the fact that counties and municipalities issue journeyman licenses. A person with a journeyman
license must always work under the supervision of a licensed contractor, but the state does not
regulate or issue a license to a journeyman.20
Counties and municipalities are expressly authorized by s. 489.1455(1), F.S., to issue
journeyman licenses in the plumbing, pipe fitting, mechanical, or HVAC trades, as this authority
is not preempted to the state. A tradesman may be licensed as a journeyman in one local
jurisdiction and work in multiple jurisdictions (license reciprocity) without having to take
another examination or pay an additional licensing fee to qualify to work in the other
jurisdictions (county or municipality).21 If eligible for license reciprocity, a journeyman with a
valid, active journeyman license issued by a county or municipality in Florida need not take any
additional examinations or pay additional license fees and may work in the:
Plumbing/pipe fitting, mechanical, or HVAC trades;22 or
Electrical and alarm system trades.23
17
See s. 489.117(4)(e), F.S., as enacted by ch. 2022-90, Laws of Florida.
18
The term “swimming pool” is defined as “[a]ny structure basin, chamber or tank containing an artificial body of water for
swimming, diving or recreational bathing located in a residential area serving four or fewer living units having a depth of 2
feet (610mm) or more at any point as defined in Section 515.25, Florida Statutes, or the body of water is a public pool as
defined in Section 514.011, Florida Statutes” (italics omitted). See ch. 2 of the 2020 Florida Building Code (7th Edition),
available at https://codes.iccsafe.org/content/FLBC2020P1/chapter-2-definitions (last visited Jan. 13, 2024). The current code
does not appear to define “interactive water features.” However, the described scope of work for certification as a “swimming
pool piping specialty contractor” includes construction of “decorative or interactive water displays or areas.” See Fla. Admin.
Code R. 61G4-15.032, relating to the certification requirements of swimming pool piping specialty contractors.
19
See ss. 489.105(3)(a) through (i) and (m) through (o), F.S. The specified scopes of work are identified as general
contractor, building contractor, residential contractor, sheet metal contractor, roofing contractor, Class A, B, and C air-
conditioning contractor, mechanical contractor, plumbing contractor, underground utility and excavation contractor, and solar
contractor.
20
Sections 489.103, 489.1455, 489.503, and 489.5335, F.S.
21
Section 489.1455(2), F.S.
22
Section 489.1455, F.S.
23
Section 489.5335, F.S.
BILL: CS/SB 1142 Page 6
The statutory criteria for licensure reciprocity between local jurisdictions for journeymen
include:24
Scoring at least 75 percent on an approved proctored examination for that construction trade;
Completing a registered apprenticeship program and demonstrating four years of verifiable
practical experience in the particular trade, or alternatively demonstrating six years of such
experience in the particular trade;
Completing coursework approved by the Florida Building Commission specific to the
discipline within the required time frame; and
Not having a license suspended or revoked within the last five years.
A local government may charge up to $25 as a registration fee for reciprocity.25
Contractor Grandfathering Provision
Section 489.118, F.S., authorizes the CILB to grandfath