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 Rules
BILL: CS/SB 268
INTRODUCER: Regulated Industries Committee and Senator Perry
SUBJECT: Preemption of Local Occupational Licensing
DATE: April 2, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Kraemer Imhof RI Fav/CS
2. Hackett Ryon CA Favorable
3. Kraemer Phelps RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 268 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. However, the exception for local government licensing imposed by a
local government expires July 1, 2023. Local government occupational licensing requirements in
place by the deadline may not be increased or modified thereafter.
The bill specifically prohibits local governments from requiring a license for a person whose job
scope does not substantially correspond to that of a contractor or journeyman type licensed by
the Construction Industry Licensing Board, within the Department of Business and 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.
Finally, the bill authorizes counties and municipalities to issue journeyman licenses in the
plumbing, pipe fitting, mechanical, and HVAC trades, as well as the electrical and alarm system
trades, which is the current practice by counties and municipalities. Local journeyman licensing
is excepted from the preemption of local licensing to the state since it would be authorized under
general law.
BILL: CS/SB 268 Page 2
The bill has no impact on state government.
The bill is effective July 1, 2021.
II. Present Situation:
Local Government Authority
The Florida Constitution grants local governments broad home rule authority. Specifically, non-
charter county governments may exercise those powers of self-government that are provided by
general or special law.1 Those counties operating under a county charter have all powers of local
self-government not inconsistent with general law or special law approved by the vote of the
electors.2 Likewise, municipalities have those governmental, corporate, and proprietary powers
that enable them to conduct municipal government, perform their functions and provide services,
and exercise any power for municipal purposes, except as otherwise provided by law.3
Unlike counties or municipalities, independent special districts do not possess home rule power.
Therefore, the powers possessed by independent special districts are those expressly provided by,
or which can be reasonably implied from, the special district’s charter or general law.4 Special
districts provide specific municipal services in addition to, or in place of, those provided by a
municipality or county.5
Revenue Sources Authorized in the Florida Constitution6
The Florida Constitution limits the ability of local governments to raise revenue for their
operations. The Florida Constitution provides:
No tax shall be levied except in pursuance of law. No state ad valorem taxes7 shall
be levied upon real estate or tangible personal property. All other forms of
taxation shall be preempted to the state except as provided by general law.8
Counties, school districts, and municipalities shall, and special districts may, be
authorized by law to levy ad valorem taxes and may be authorized by general law
1
FLA. CONST. art. VIII, s. 1(f).
2
FLA. CONST. art. VIII, s. 1(g).
3
FLA. CONST. art. VIII, s. 2(b). See also s. 166.021(1), F.S.
4
See s. 189.031(3)(b), F.S. See also State ex rel. City of Gainesville v. St. Johns River Water Mgmt. Dist., 408 So.2d 1067,
1068 (Fla. 1st DCA 1982).
5
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 Mar. 17, 2021).
6
See Office of Economic and Demographic Research, The Florida Legislature, 2020 Local Government Financial
Handbook, available at http://edr.state.fl.us/Content/local-government/reports/lgfih20.pdf (last visited Mar. 17, 2021).
7
Pursuant to s. 192.001(1), F.S., “ad valorem tax” means a tax based upon the assessed value of property.
8
FLA. CONST. art. VII, s. 1(a).
BILL: CS/SB 268 Page 3
to levy other taxes, for their respective purposes, except ad valorem taxes on
intangible personal property and taxes prohibited by this constitution.9
However, not all local government revenue sources are taxes requiring general law authorization.
When a county or municipal revenue source is imposed by ordinance, the question is whether the
charge is a valid assessment or fee. As long as the charge is not deemed a tax, the imposition of
the assessment or fee by ordinance is within the constitutional and statutory home rule powers of
county and municipal governments. If the charge is not a valid assessment or fee, it is deemed a
revenue source requiring general law authorization.
Local Government Revenue Sources Based on Home Rule Authority10
Pursuant to home rule authority, counties and municipalities may impose proprietary fees,
regulatory fees, and special assessments to pay the cost of providing a facility or service or
regulating an activity. Because special districts do not possess home rule powers, they may
impose only those taxes, assessments, or fees authorized by special or general law.11
Preemption
Local governments have broad authority to legislate on any matter that is not inconsistent with
federal or state law. A local government enactment is inconsistent with state law when (1) the
Legislature has preempted a particular subject area or (2) the local enactment conflicts with a
state statute. Where state preemption applies, it precludes a local government from exercising
authority in that particular area.12
Florida law recognizes two types of preemption: express and implied. Express preemption
requires a specific legislative statement; it cannot be implied or inferred.13 Express preemption of
a field by the Legislature must be accomplished by clear language stating that intent.14 In cases
where the Legislature expressly or specifically preempts an area, there is no problem with
ascertaining what the Legislature intended.15
9
FLA. CONST. art. VII, s. 9(a).
10
See also The Florida Legislature, 2020 Local Government Financial Handbook supra note 6.
11
See ch. 189, F.S. See also Florida House of Representatives, 2018 - 2020 Local Government Formation Manual, supra
note 5, at 70.
12
See James R. Wolf and Sarah Harley Bolinder, The Effectiveness of Home Rule: A Preemption and Conflict Analysis,
83 Fla. B.J. 92 (June 2009) available at https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-home-rule-a-
preemption-and-conflict-analysis/ (last visited Mar. 17, 2021).
13
See City of Hollywood v. Mulligan, 934 So.2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County,
894 So.2d 1011, 1018 (Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So.3d 309 (Fla.
2008).
14
Mulligan, 934 So.2d at 1243.
15
Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So.3d 880, 886 (Fla. 2010). Examples of activities “expressly
preempted to the state” include: operator use of commercial mobile radio services and electronic communications devices in
motor vehicles, s. 316.0075, F.S.; regulation of the use of cameras for enforcing provisions of the Florida Uniform Traffic
Control Law, s. 316.0076, F.S.; and the adoption of standards and fines related to specified subject areas under the purview of
the Department of Agriculture and Consumer Services, s. 570.07, F.S.
BILL: CS/SB 268 Page 4
In cases determining the validity of ordinances enacted in the face of state preemption, the effect
has been to find such ordinances null and void.16 In one case, the court stated that implied
preemption “is actually a decision by the courts to create preemption in the absence of an explicit
legislative directive.”17 Preemption of a local government enactment is implied only where the
legislative scheme is so pervasive as to evidence an intent to preempt the particular area, and
strong public policy reasons exist for finding preemption.18 Implied preemption is found where
the local legislation would present the danger of conflict with the state's pervasive regulatory
scheme.19
Professions and Occupations
General law directs a number of state agencies and licensing boards to regulate certain
professions and occupations. For example, the Department of Business and Professional
Regulation (DBPR) currently regulates approximately 26 professions and occupations.20
General law determines whether local governments are able to regulate occupations and
businesses, and to what degree.21 If state law preempts regulation for an occupation, then,
generally, local governments may not regulate that occupation.22 Florida law currently preempts
local regulation with regard to the following:
 Assessing local fees associated with providing proof of licensure as a contractor, or
providing, recording, or filing evidence of worker’s compensation insurance coverage by a
contractor; 23
 Assessing local fees and rules regarding low-voltage alarm system projects;24
 Smoking;25
 Firearms and ammunition;26
 Employment benefits;27
 Polystyrene products;28
 Public lodging establishments and public food service establishments;29 and
 Disposable plastic bags.30
16
See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).
17
Phantom of Clearwater, Inc., 894 So.2d at 1019.
18
Id.
19
Sarasota Alliance for Fair Elections, Inc., 28 So.3d at 886.
20
See s. 20.165, F.S., and Annual Report, Fiscal Year 2019-2020, for the Division of Professions, Certified Public
Accounting, Real Estate, and Regulation, and the list of professions and occupations at 20, at
http://www.myfloridalicense.com/DBPR/os/documents/DivisionAnnualReport_FY1920.pdf (last visited Mar. 17 2021).
21
See FLA. CONST art. VIII, s. 1(f), art. VIII, s. 2(b), and ss. 125.01(1) and 166.021(1), F.S.
22
See Wolf and Bolinder, supra note 12.
23
Section 553.80(7)(a)5., F.S.
24
Section 489.503(14), F.S.
25
Section 386.209, F.S.
26
Section 790.33(1), F.S.
27
Section 218.077, F.S.
28
Section 500.90, F.S.
29
Section 509.032(7), F.S.
30
Section 403.7033, F.S.
BILL: CS/SB 268 Page 5
Conversely, Florida law also specifically grants local jurisdictions the right to regulate
businesses, occupations, and professions in certain circumstances.31 Florida law authorizes local
regulations relating to:
 Zoning and land use;32
 The levy of “reasonable business, professional, and occupational regulatory fees,
commensurate with the cost of the regulatory activity, including consumer protection, on
such classes of businesses, professions, and occupations, the regulation of which has not been
preempted by the state or a county pursuant to a county charter;”33
 The levy of local business taxes;34
 Building code inspection fees;35
 Tattoo establishments;36
 Massage practices;37
 Child care facilities;38
 Taxis and other vehicles for hire;39
 Waste and sewage collection;40 and
 Regulation of vaping.41
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 DBPR.42 The CILB consists of 18 members who are appointed by
the Governor and confirmed by the Senate.43 The CILB meets to approve or deny applications
for licensure, review disciplinary cases, and conduct informal hearings relating to discipline.44
"Certified contractors" are individuals who pass the state competency examination and obtain a
certificate of competency issued by DBPR. Certified contractors are able to obtain a certificate of
31
See Wolf and Bolinder, supra note 12.
32
See part II, ch. 163, F.S.
33
Section 166.221, F.S.
34
Chapter 205, F.S.
35
Section 166.222, F.S.
36
Section 381.00791, F.S.
37
Section 480.052, F.S.
38
Section 402.306, F.S
39
Section 125.01(1)(n), F.S.
40
Section 125.01(1)(k), F.S.
41
Section 386.209, F.S.
42
See ss. 489.105, 489.107, and 489.113, F.S.
43
Section 489.107(1), F.S.
44
Section 489.107, F.S.
BILL: CS/SB 268 Page 6
competency for a specific license category and are permitted to practice in that category in any
jurisdiction in the state.45
“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.46
“Registered contractors” are individuals who have taken and passed a local competency
examination 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.47
The following table provides examples of CILB licenses for types of contractors.48
Statutory Licenses Specialty Licenses
 Air Conditioning- Classes A, B, and C  Drywall
 Building  Demolition
 General  Gas Line
 Internal Pollutant Storage Tank Lining  Glass and Glazing
Applicator  Industrial Facilities
 Mechanical  Irrigation
 Plumbing  Marine
 Pollutant Storage Systems  Residential Pool/Spa Servicing
 Pool/Spa- Classes A, B, and C  Solar Water Heating
 Precision Tank Tester  Structure
 Residential  Swimming Pool Decking
 Roofing  Swimming Pool Excavation
 Sheet Metal  Swimming Pool Finishes
 Solar  Swimming Pool Layout
 Underground Excavation  Swimming Pool Piping
 Swimming Pool Structural
 Swimming Pool Trim
 Tower