HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 369 Construction Contracting Regulation Exemption
SPONSOR(S): Rodriguez
TIED BILLS: IDEN./SIM. BILLS: SB 1212
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee 14 Y, 0 N Brackett Anstead
2) Commerce Committee 23 Y, 0 N Brackett Hamon
SUMMARY ANALYSIS
Construction Contractors are certified by or registered with the Construction Industry Licensing Board (CILB)
housed within the Department of Business and Professional Regulation. Certified contractors can practice
statewide and are licensed and regulated by the CILB. Registered contractors are licensed and regulated by a
local jurisdiction and may practice within that locality. Registered contractors are required to register their
license with the CILB.
In order to perform contracting in the state, a person must be certified or registered (licensed) as a contractor,
be an employee of a licensed contractor, or fall under an exemption provided in current law. For example, an
unlicensed person may perform contracting work if it is casual, minor, or inconsequential in nature, and the
total contract price for all labor and materials is less than $2,500, subject to certain requirements.
“Chickees” are open sided wooden huts constructed with cypress logs and palm thatch leaves that are woven
together by vines or thin ropes. Native Americans used chickees for housing during the Seminole wars when
Native Americans were pursued by U.S. troops. Chickees are no longer used for actual housing, but chickees
are still being built and used in the state. Members of certain Native American Tribes in Florida still build
chickees for commercial and private interests.
Current law provides that chickees built by members of the Seminole Tribe of Florida or the Miccosukee Tribe
of Indians of Florida are exempt from the requirements of the Florida Building Code. However, current law
does not provide an exemption from the contractor licensing requirements for members of the Seminole Tribe
and the Miccosukee Tribe of Indians who build chickees. Some local jurisdictions require that a person hold a
certain state certified contractor license in order to build a chickee.
The bill creates a contracting licensure exemption by providing that members of the Seminole Tribe of Florida
and the Miccosukee Tribe of Indians of Florida are not required to be licensed as a contractor or be an
employee of a licensed contractor when constructing chickees.
The bill does not have a fiscal impact on state and local governments.
The bill provides for an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0369c.COM
DATE: 3/2/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Construction Professional Licenses
Contractors are regulated by ch. 489, F.S., which outlines the law pertaining to contractors in the state
of Florida. Part I of ch. 489, F.S., covers construction contracting regulated by the Construction Industry
Licensing Board (CILB) and pt. II of ch. 489, F.S., covers electrical/alarm system contracting regulated
by the Electrical Contractors’ Licensing Board. Both boards are housed in the Department of Business
and Professional Regulation (DBPR).
Construction contractors are either certified or registered by the CILB. The CILB consists of 18
members who are appointed by the Governor and confirmed by the Senate. The CILB meets to
approve or deny applications for licensure, review disciplinary cases, and conduct informal hearings
relating to discipline.1
"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
competency for a specific license category and are permitted to practice in that category in any
jurisdiction in the state.2
“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.3
“Registered contractors” are individuals that have taken and passed a local competency examination
and can practice the specific category of contracting for which he or she is approved, only in the local
jurisdiction for which the license is issued. Registered contractors must register their license with the
CILB after obtaining a local license.4
In order to perform construction contracting in the state, a person must be certified or registered as a
contractor, be an employee5 of a certified or registered contractor, or fall under an exemption provided
in current law.6
The CILB licenses the following types of contractors:7
1
S. 489.107, F.S.
2
S. 489.105, F.S.
3
Id.
4
Ss. 489.105, & 489.117, F.S.
5
“Employee” means a person who receives compensation from and is under the supervision and control of an employer who regularly
deducts the F.I.C.A. and withholding tax and provides workers’ compensation, all as prescribed by law. S. 489.103(2)(b), F.S.
6
Ss. 489.103(2), & 489.113, F.S.
7
S. 489.105(a)-(q), F.S.; Rule 61G4-15.015-040, F.A.C.
STORAGE NAME: h0369c.COM PAGE: 2
DATE: 3/2/2021
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
The CILB is divided into the following two divisions with separate jurisdictions:8
Division I is comprised of the general contractor, building contractor, and residential contractor
members of the CILB. Division I has jurisdiction over the regulation of general contractors,
building contractors, and residential contractors.
o General contractors are unlimited as to the type of work they may do, such as contracting to
build high-rise buildings, and may perform any work requiring licensure, except as otherwise
expressly provided in current law.9
o Building contractors may construct commercial buildings and single-dwelling or multiple-
dwelling residential buildings, which do not exceed three stories in height, and remodel,
repair, or improve any size building if the services do not affect the structure of the
building.10
o Residential Contractors may construct, remodel, repair, or improve one-family, two-family, or
three-family residences not exceeding two habitable stories above no more than one
uninhabitable story.11
Division II is comprised of the roofing contractor, sheet metal contractor, air-conditioning
contractor, mechanical contractor, pool contractor, plumbing contractor, and underground utility
and excavation contractor members of the CILB. Division II has jurisdiction over the regulation
of roofing contractors, sheet metal contractors, class A, B, and C air-conditioning contractors,
mechanical contractors, commercial pool/spa contractors, residential pool/spa contractors,
swimming pool/spa servicing contractors, plumbing contractors, underground utility and
excavation contractors, solar contractors, and pollutant storage systems contractors.
A specialty contractor is one whose scope of work and responsibility is limited to a particular
phase of construction as detailed in an administrative rule adopted by the CILB. Jurisdiction is
8
9
S. 489.105(3)(a), F.S.
10
S. 489.105(3)(b), F.S.
11
S. 489.105(3)(c), F.S.
STORAGE NAME: h0369c.COM PAGE: 3
DATE: 3/2/2021
dependent on the scope of work and whether Division I or Division II has jurisdiction over such
work in accordance with the applicable administrative rule.12
In order to become a construction contractor, an applicant must meet the following criteria:13
be of good moral character;
be at least 18 years of age;
successfully pass the certification examination; and
meet eligibility requirements according to a combination of education and experience as
approved by the board, which generally includes four years of education and/or experience
depending on the license with at least one year being experience.
Exceptions to Construction Professional Licensure
An unlicensed person may perform work that falls under the scope of contracting if they fall under an
exemption provided in current law. Currently, there are 23 exemptions provided in current law,
including:14
a person performing contracting if it is casual, minor, or inconsequential in nature, and the
aggregate contract price for all labor and materials is less than $2,500, subject to certain
requirements. This is referred to as the handyman exemption;
an owner building or improving one or two-family residences, farm outbuildings, or improving
commercial buildings at a cost that does not exceed $75,000, subject to certain requirements;
an employee of an apartment community or apartment management company who makes
minor repairs to existing electric water heaters, electric heating, ventilating, and air-conditioning
systems subject to certain requirements;
a person who sells or installs any finished products, materials, or articles of merchandise that
are not fabricated into and do not become a permanent part of a structure such as awnings; and
An employee of the United States, the state, or any municipality, county, irrigation district,
reclamation district, or political subdivision, except school boards, state university boards of
trustees, and community college boards of trustee, subject to certain requirements.
The Florida Building Code
The Florida Building Code (Building Code) is the statewide building code for all construction in the
state. The Florida Building Commission (Commission), housed within the DBPR, implements the
Building Code. The Commission reviews the International Code Council’s I-Codes and the National
Electric Code every three years to determine if it needs to update the Building Code.15
Part IV of ch. 553, F.S., is known as the “Florida Building Codes Act” (Act), which provides a
mechanism for the uniform adoption, updating, interpretation, and enforcement of a single, unified state
building code that must be applied, administered, and enforced uniformly and consistently from
jurisdiction to jurisdiction.16 The Building Code is adopted, updated, and interpreted by the Commission,
and is enforced by local governments.17
12
For example, specialty swimming pool contractors have limited scopes of work for the construction of pools, spas, hot tub, and
decorative or interactive water displays. See Fla. Admin. Code Rule 61G4-15.032.
13
S. 489.111(2)(c), F.S.
14
S. 489.103, F.S.
15
S. 553.73(7), F.S.
16
See s. 553.72(1), F.S.
17
Ss. 553.72, & 553.73, F.S.
STORAGE NAME: h0369c.COM PAGE: 4
DATE: 3/2/2021
The main purpose of the Building Code is to regulate new construction or proposed modifications to
existing structures in order to give the occupants the highest level of safety and the least amount of
defects.18
The Seminole Tribe of Florida and The Miccosukee Tribe of Indians of Florida
Seminole history begins with bands of Creek Indians from Georgia and Alabama who migrated to
Florida in the 1700s. Conflicts with Europeans and other tribes caused them to seek new lands to live
in peace.19 Based on their movement to Florida, these Native Americans collectively became known as
Seminole, a name meaning "wild people" or "runaway." In addition to Creeks, Seminoles included
Yuchis, Yamasses and other tribes that had lived and hunted all over the Florida peninsula for
thousands of years. The population also included runaway slaves who found refuge among the Native
Americans.20
On July 21, 1957, tribal members voted in favor of a Seminole Constitution which established the
Seminole Tribe of Florida, and the U.S. government formally recognized them as a Native American
Tribe in the same year.21
In order to be a member the Seminole Tribe of Florida, a person must meet the following three
requirements:22
Have a minimum of one-quarter Florida Seminole blood (one of the person’s grandparents must
have been a full-blooded Florida Seminole);
Be able to prove (with written documentation) that he or she is directly related to a Florida
Seminole who was listed on the 1957 Tribal Roll, which is the Base Roll of the Seminole Tribe of
Florida; and
Be sponsored for enrollment by someone who is currently a member of the Tribe.
The Miccosukee Tribe of Indians of Florida was originally part of the same group of Native Americans
as the Seminoles. However, they separated from the Seminole Tribe and became an independent tribe.
The U.S. government formally recognized the Tribe on January 11, 1962.23
In order to a member of the Miccosukee Tribe of Indians of Florida, a person must have a Miccosukee
mother and not be enrolled in any other Tribe.24
Chickees
Current law defines chickees as “an open-sided wooden hut that has a thatched roof of palm or
palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other
nonwood features.”25
18
Florida Building Commission, Advanced Florida Building Code Principals,
http://www.floridabuilding.org/Upload/Courses_trp/421-2-MATERIAL-Adv%20FL%20Bldg%20Code%20-
%20Course%20PDF%20version%207.0.pdf (last visited Feb. 9, 2021).
19
Florida Department of State, Seminole History, https://dos.myflorida.com/florida-facts/florida-history/seminole-history/ (last visited
Feb. 9, 2021).
20
Id.; Seminole Tribe of Florida, Frequently Asked Questions, https://www.semtribe.com/stof/helpful-linksmain/helpful-links (last
visited on Feb. 8, 2021).
21
Id. Seminole Tribe of Florida, History, https://www.semtribe.com/stof/history/timeline (last visited Feb. 9, 2021).
22
Seminole Tribe of Florida, Frequently Asked Questions, https://www.semtribe.com/stof/helpful-linksmain/helpful-links (last visited
on Feb. 8, 2021).
23
Florida Department of Transportation, Miccosukee Tribe of Indians of Florida, https://www.fdot.gov/environment/na-website-
files/miccosukee.shtm (last visited Feb. 8, 2021); Miccosukee Tribe of Indians of Florida, History, https://tribe.miccosukee.com/ (last
visited Feb. 8, 2021).
24
Id.
25
S. 553.73(10)(i), F.S.
STORAGE NAME: h0369c.COM PAGE: 5
DATE: 3/