HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1333 Interstate-Mobility and Universal-Recognition Occupational Licensing Act
SPONSOR(S): Commerce Committee, Koster, Maney, Salzman
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1364
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF
1) Regulatory Reform & Economic Development 11 Y, 0 N Wright Anstead
Subcommittee
2) State Administration & Technology 15 Y, 0 N Helpling Topp
Appropriations Subcommittee
3) Commerce Committee 18 Y, 0 N, As CS Wright Hamon
SUMMARY ANALYSIS
An occupational or professional license is a form of government regulation that requires individuals to obtain authorization
in order to perform certain types of work, such as nurses, contractors, and cosmetologists. Florida’s Sunrise Act prohibits
state regulation of occupations and professions that unnecessarily restrict entry into the profession or occupation and the
Act requires that any regulation only be adopted if it is necessary to protect the health, safety, and welfare of the public.
The bill requires Florida licensing boards that issue occupational licenses or government certifications to individuals under
ch. 455, F.S., relating to the regulations of professions by the Department of Business and Professional Regulation
(DBPR), or ch. 456, F.S., relating to the regulation of professions by the Department of Health (DOH), to issue an
occupational license or government certification (universal license) to eligible applicants, under certain circumstances
(universal licensing requirement).
Applicants may seek a universal license through one of three pathways described in the bill. An applicant from another
state is automatically approved under the universal licensing scheme if:
The applicant is licensed by another licensing entity or state;
The applicant has certain work experience in another state or in the military; or
The applicant has a private certification with work experience in a non-licensing state or the military.
The bill provides that an applicant with a valid occupational license or certification in good standing, or who otherwise
meets the requirements for an occupational license for a lawful occupation, is presumed to be qualified for the license and
must be issued an occupational license or government certification by the appropriate Florida licensing board.
The bill provides that during a declared state of emergency, the Governor may order the recognition of occupational
licenses from outside Florida or from a foreign country as if the licenses were issued in Florida, may expand any
occupation license scope of practice, and authorize licensees to provide services in Florida in person, telephonically, or by
other means for the duration of the emergency.
The bill does not apply to certain professions, including acupuncturists, certain physicians, optometrists, dentists,
engineers, certified public accountants, APRNs, psychologists, real estate agents, architects, landscape architects,
geologists, physical therapists, certain contractors, certain mental health providers, and funeral directors.
The bill provides that, contingent upon the appropriation of funds, the Department of Veterans’ Affairs must establish a
portal system that allows former and present members of the military and their dependents to enter and verify their militar y
credentials, government certifications, occupational licenses, or recognized private certifications.
The bill will have an indeterminate fiscal impact on state and local governments. See Fiscal Analysis & Economic Impact
Statement.
The bill provides an effective date of July 1, 2023.
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:
Current Situation
Occupational Licensing
An occupational or professional license is a form of government regulation that requires individuals who
want to perform certain types of work, such as nurses, contractors, and cosmetologists, to obtain
governmental authorization to work in a specific field.1
An estimated 23.5 percent of the civilian labor force nationwide has an occupational license.2 Various
governmental entities and agencies in Florida license and regulate such individuals practicing in a wide
range of professions, including:3
Department of Business and Professional Regulation (DBPR),
Department of Health (DOH),
Department of Financial Services (DFS),
Department of Agriculture and Consumer Services (DACS),
Florida Supreme Court (FSC),
Department of Environmental Protection (DEP),
Agency for Healthcare Administration (AHCA),
Department of Children and Families (DCF),
Department of Elder Affairs (DEA),
Department of Highway Safety and Motor Vehicles (DHSMV), and
Office of Financial Regulation (OFR).
In the 1950s, less than five percent of U.S. workers were required to have a license to do their jobs.
Since then, the number of U.S. workers required to have a license has risen five-fold to more than one-
quarter, with most of these workers being licensed by states. Almost two-thirds of this change stems
from an increase in the number of professions that require a license. The number of licensed workers is
even higher in Florida, with an estimated 28.7 percent of the workforce being licensed by the state. 4
In 2015, the White House published a report on the current state of occupational licensing in the nation.
The report found that when designed and implemented carefully, requiring occupational licenses offers
important health and safety protections to consumers as well as benefits to workers. However, the
report also found that too often licensing requirements are inconsistent, inefficient, arbitrary, and there
is evidence that the current license regime in the U.S. raises the price of goods and services, restricts
employment opportunities, and makes it more difficult for workers to take their skills across state lines.5
The report stated that because occupations are diverse in their tasks, designing and implementing
successful occupational license regulations often requires a tailored approach. However, there are a
number of common factors that policymakers should consider when contemplating enacting, revising,
or repealing an occupational regulation. Policymakers should: 6
Ensure that restrictions are closely targeted to protecting public health and safety, and are not
overly burdensome;
Facilitate a careful consideration of licensure’s costs and benefits; and
1 The White House, Occupational Licensing: A Framework for Policymakers, 6 (July 2015)
https://obamawhitehouse.archives.gov/sites/default/files/docs/licensing_report_final_nonembargo.pdf (last visited on Mar 20, 2023).
2 Bureau of Labor Statistics, Labor Force Statistics from the Current Population Survey, 2021 , Certification and licensing status of the
civilian noninstitutional population 16 years and over by employment status (bls.gov), (last visited on Mar. 20, 2023).
3 Chs. 20, 25, F.S.
4 White House supra note 1 at 3 & 24.
5 Id.
6 Id. at 41-43
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Work to reduce licensing’s barriers to mobility.
Policymakers can facilitate a careful consideration of licensure costs and benefits through both sunrise
and sunset reviews. However, evidence suggests that sunrise reviews are more successful at limiting
the growth of licensing since removing a license is much more difficult than enacting one. Additionally,
state regulators suggested that sunrise reviews may be more effective than sunset reviews.7
Sunrise Review
Generally, a sunrise review is a formal process where a legislature scrutinizes legislation proposing to
regulate an unregulated profession or occupation by requiring a cost-benefit analysis before the
legislation is enacted. Most sunrise reviews require the proponents of the regulation to outline the
potential impacts, costs, and benefits of the proposed regulation. Some states require the proponents
of the regulation to provide certain information to a legislative committee or a state agency for analysis
and evaluation, which is then provided to the legislature. Policymakers can review the information
provided before moving forward with the legislation.8
Currently 14 states, including Florida, have sunrise reviews.9 However, states vary widely in how
independently and thoroughly they administer sunrise reviews. Colorado requires proponents of
regulation to submit the proposed regulation along with the potential impacts, costs, and benefits to the
Colorado Department of Regulatory Agencies for analysis and evaluation.10 Minnesota requires
proponents of regulation to file a report outlining the regulation’s potential impacts, costs, and benefits
with the legislature within 15 days of the bill being introduced. 11 Maine requires sunrise reviews for
legislation regulating an unregulated profession or occupation and legislation that substantially expands
regulation of an already regulated profession or occupation. 12 Florida currently requires proponents of
regulation to file information about the regulation’s potential impacts, costs, and benefits upon
request.13
Florida’s Sunrise Act
Section 11.62, F.S., is Florida’s sunrise review, which is called the Sunrise Act. The Sunrise Act states
that regulation should not be adopted unless it is:
Necessary to protect the public health, safety, or welfare from significant and discernible harm
or damage;
Exercised only to the extent necessary to prevent the harm; and
Limited so as not to unnecessarily restrict entry into the practice of the profession or adversely
affect public access to the professional services.
In determining whether to regulate a profession or occupation, the Sunrise Act requires the Legislature
to consider the following:
Whether the unregulated practice of the profession or occupation will substantially harm or
endanger the public health, safety, or welfare, and whether the potential for harm is
recognizable and not remote;
Whether the practice of the profession or occupation requires specialized skill or training and
whether that skill or training is readily measurable or quantifiable so that examination or training
requirements would reasonably assure initial and continuing professional or occupational ability;
7 Id. at 42, 48-49.
8 Id. at 48; Iris Hentze, Improving Occupational Licensing with Sunrise and Sunset Reviews, National Conference of State
Legislatures, (July 2018), https://www.ncsl.org/labor-and-employment/sunset-and-sunrise (last visited Mar. 20, 2023); Council on
Licensure & Regulation, Sunrise, Sunset and State Agency Audits, https://clear.wildapricot.org/page-486181 (last visited Mar. 20,
2023).
9 Council on Licensure & Regulation supra note 5.
10 Colo. Rev. Stat. § 24-34-104.1.
11 Minn. Stat. § 214.002.
12 ME. Rev. Stat. Ann. Tit. 32-1A, § 60-J.
13 S. 11.62(4), F.S.
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Whether the regulation will have an unreasonable effect on job creation or job retention in the
state or will place unreasonable restrictions on the ability of individuals who seek to practice or
who are practicing a given profession or occupation to find employment;
Whether the public is or can be effectively protected by other means; and
Whether the overall cost-effectiveness and economic impact of the proposed regulation,
including the indirect costs to consumers, will be favorable.
The Sunrise Act requires proponents of legislation that propose new regulation on professions or
occupations to provide the following information, upon request, by the agency proposed to have
jurisdiction or the legislative committee to which the legislation is referred, to document the need for
regulation:
The number of individuals or businesses that would be subject to the regulation;
The name of each association that represents members of the profession or occupation,
together with a copy of its codes of ethics or conduct;
Documentation of the nature and extent of the harm to the public caused by the unregulated
practice of the profession or occupation, including a description of any complaints that have
been lodged against persons who have practiced the profession or occupation in this state
during the preceding three years;
A list of states that regulate the profession or occupation, and the dates of enactment of each
law providing for such regulation and a copy of each law;
A list and description of state and federal laws that have been enacted to protect the public with
respect to the profession or occupation and a statement of the reasons why these laws have not
proven adequate to protect the public;
A description of the voluntary efforts made by members of the profession or occupation to
protect the public and a statement of the reasons why these efforts are not adequate to protect
the public;
A copy of any federal legislation mandating regulation;
An explanation of the reasons why other types of less restrictive regulation would not effectively
protect the public;
The cost, availability, and appropriateness of training and examination requirements;
The cost of regulation, including the indirect cost to consumers, and the method proposed to
finance the regulation;
The cost imposed on applicants or practitioners or on employers of applicants or practitioners as
a result of the regulation;
The details of any previous efforts in this state to implement regulation of the profession or
occupation; and
Any other information the agency or the committee considers relevant to the analysis of the
proposed legislation.
The Sunrise Act requires the agency proposed to have jurisdiction over the regulation to provide the
Legislature with the following information:
The resources required to implement and enforce the regulation;
The technical sufficiency of the proposal, including its consistency with the regulation of other
professions; and
Any alternatives that may result in less restrictive or more cost-effective regulation.
In determining whether to recommend regulation, the legislative committee reviewing the proposal must
assess whether the proposed regulation is:
Justified based on the statutory criteria and the information provided by both the proponents of
regulation and the agency responsible for its implementation;
The least restrictive and most cost-effective regulatory scheme necessary to protect the public;
and
Technically sufficient and consistent with the regulation of other professions under existing law.
Department of Business and Professional Regulation
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The Florida Department of Business and Professional Regulation (DBPR), through 11 divisions,
regulates and licenses businesses and professionals in Florida. The divisions established under DBPR
include:
• 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 Professions;
• The Division of Real Estate;
• The Division of Regulation;
• The Division of Technology; and
• The Division of Service Operations.14
The Division of Professions (Professions) licenses and regulates more than 434,000 professionals
through the following professional boards and programs:
• Board of Architecture and Interior Design,
• Asbestos Licensing Unit,
• Athlete Agents,
• Board of Auctioneers,
• Barbers’ Board,
• Building Code Administrators and Inspectors Board,
• Regulatory Council of Community Association Managers,
• Construction Industry Licensing Board,
• Board of Cosmetology,
• Electrical Contractors’ Licensing Board,
• Board of Employee Leasing Companies,