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/CS/SB 1570
INTRODUCER: Rules Committee; Regulated Industries Committee and Senator Hooper and others
SUBJECT: Local Occupational Licensing
DATE: April 20, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Kraemer Imhof RI Fav/CS
2. Kraemer Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1570 amends s. 163.211, F.S., relating to the preemption of occupational licensing to
the state, to extend by one year, to July 1, 2024, the date that local governments may require and
issue local occupation licenses, but only if such licensing was imposed by the local government
before January 1, 2021.
The bill requires the Construction Industry Licensing Board (CILB) in the Department of
Business and Professional Regulation (DBPR) to establish, by July 1, 2024, certified specialty
contractor categories for voluntary licensing specified in the bill.
Under the bill, for specified job scopes exempted from local licensing in current law, local
governments are prohibited from requiring state or local licenses for work that is covered by
state licensing, and from requiring a building permit for such work, unless a permit for the work
is required by the Florida Building Code.
As to job scopes exempted from local occupational licensing in current law, the bill modifies the
job scope of “interior remodeling,” to “interior remodeling if the work does not include
structural, electrical, mechanical, plumbing, or other systems affecting health and safety,” and
adds the job scope of “pressure washing.”
The bill authorizes a county that includes an area of critical state concern pursuant to s. 380.05,
F.S., to offer a license for any job scope that requires a construction contracting license, if the
county imposed such a licensing requirement before January 1, 2021.
BILL: CS/CS/SB 1570 Page 2
The bill provides that a local government may not require a license in order to submit a bid for
public works projects, if the work to be performed does not require a construction contracting
license mandated by part I of ch. 489, F.S., related to construction contracting.
The bill revises the title of the bill to “Local Occupational Licensing.”
The bill impacts state government. See Section V, Fiscal Impact Statement.
The bill is effective upon becoming a law.
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 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 the 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 services in addition to, or in place of, those provided by a municipality
or county.5
Revenue Source Authorized in the Florida Constitution6
The Florida Constitution limits the ability of local governments to raise revenue for their
operations. The Florida Constitution provides:
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. 24, 2023).
6
See Office of Economic and Demographic Research, The Florida Legislature, 2022 Local Government Financial
Handbook, available at http://www.edr.state.fl.us/Content/local-government/reports/lgfih22.pdf (last visited Mar. 24, 2023).
BILL: CS/CS/SB 1570 Page 3
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
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
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).
9
FLA. CONST. art. VII, s. 9(a).
10
See also The Florida Legislature, 2022 Local Government Financial Handbook supra note 7.
11
See ch. 189, F.S. See also Florida House of Representatives, 2018 - 2020 Local Government Formation Manual, supra
note 6, 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. 24, 2023).
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.
BILL: CS/CS/SB 1570 Page 4
where the Legislature expressly or specifically preempts an area, there is no problem with
ascertaining what the Legislature intended.15
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
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, 2021.20 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, 2023.21
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 (CILB) within the Department of Professional Regulation
(DBPR). 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.22
Concerns about the impact of current law on consumers and those who hold local licenses have
been raised by local building officials and licensing boards, including but not limited to:
Reduction in protection for consumers against unlicensed activity;
Reduction in the quality and the standards required to perform contracting work in the state;
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.
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. 163.211(2), F.S., as enacted by ch. 2021-214, Laws of Fla., popularly known as “HB 735.” This exception for local
government licensing expires July 1, 2023.
21
Id.
22
See s. 489.117(4)(a), F.S.
BILL: CS/CS/SB 1570 Page 5
Limitation on remedies available to consumers for incomplete or poor work quality
performed by unlicensed contractors;
Competition between formerly locally-licensed contractors and unlicensed contractors
working in the same trade, without the same level of training and experience;
Increased difficulty for the public to distinguish between qualified and unqualified
businesses;
Lack of local licensure causing previously locally-licensed contractors to rely on Division I
contractors licensed as general contractors (GC), building contractors (BC), or residential
contractors (RC) to pull building permits, with those contractors assuming greater liability
with increased insurance coverage required, as building officials continue to require licenses
to pull permits;
Limitation on the ability of local jurisdictions to execute their mission of protecting the
public, improving competency levels and providing the public access to skilled, reliable and
safe tradesmen by issuing local licenses; and
Lack of a corresponding (state) job scope for the trades for which local licensing is
prohibited.23
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. A recurring example was given of locally licensed specialty
contractors who need a license to obtain a building permit to conduct their specialty contracting
work. Without a local license and because there are very few specialty licenses available at the
state level, individuals who have been working with a local license for many years will be unable
to continue to obtain permits and will be unable to continue with their specialty contracting
businesses.
Representatives from the Building Officials Association of Florida suggested delaying the
effective date of the preemption of local licensing until July 1, 2024, to give the DBPR and
affected groups time to assess options and identify specific categories of specialty contractors,
possibly for state licensure.
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.24
General law determines whether local governments are able to regulate occupations and
businesses, and to what degree.25 If state law preempts regulation for an occupation, then,
23
See Letter to the Florida Legislature from Construction Industry Licensing Board of Palm Beach County on behalf of said
board and the Palm Beach County Building Code Advisory Board (Feb. 28, 2023)(on file with the Senate Committee on
Regulated Industries).
24
See s. 20.165, F.S., and Annual Report, Fiscal Year 2021-2022, for the Division of Certified Public Accounting,
Professions, Real Estate, and Regulation, and the list of professions and occupations at 18, at
http://www.myfloridalicense.com/DBPR/os/documents/Division%20Annual%20Report%20FY%2021-22.pdf (last visited
Mar. 24 2023).
25
See FLA. CONST. art. VIII, s. 1(f), art. VIII, s. 2(b), and ss. 125.01(1) and 166.021(1), F.S.
BILL: CS/CS/SB 1570 Page 6
generally, local governments may not regulate that occupation.26 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; 27
Assessing local fees and rules regarding low-voltage alarm system projects;28
Smoking;29
Firearms and ammunition;30
Employment benefits;31
Polystyrene products;32
Public lodging establishments and public food service establishments;33 and
Disposable plastic bags.34
Conversely, Florida law also specifically grants local jurisdictions the right to regulate
businesses, occupations, and professions in certain circumstances.35 Florida law authorizes local
regulations relating to:
Zoning and land use;36
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