Bill Text: FL S0268 | 2021 | Regular Session | Introduced


Bill Title: Preemption of Local Occupational Licensing

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2020-12-21 - Referred to Regulated Industries; Community Affairs; Rules [S0268 Detail]

Download: Florida-2021-S0268-Introduced.html
       Florida Senate - 2021                                     SB 268
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00208-21                                             2021268__
    1                        A bill to be entitled                      
    2         An act relating to preemption of local occupational
    3         licensing; creating s. 163.211, F.S.; defining terms;
    4         preempting licensing of occupations to the state;
    5         providing exceptions; prohibiting local governments
    6         from imposing additional licensing requirements or
    7         modifying licensing unless specified conditions are
    8         met; specifying that certain local licensing that does
    9         not meet specified criteria does not apply and may not
   10         be enforced; amending s. 489.117, F.S.; specifying
   11         that certain specialty contractors are not required to
   12         register with the Construction Industry Licensing
   13         Board; prohibiting local governments from requiring
   14         certain specialty contractors to obtain a license
   15         under specified circumstances; specifying job scopes
   16         for which a local government may not require a
   17         license; amending ss. 489.1455 and 489.5335, F.S.;
   18         authorizing counties and municipalities to issue
   19         certain journeyman licenses; providing an effective
   20         date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 163.211, Florida Statutes, is created to
   25  read:
   26         163.211Licensing of occupations preempted to state.—
   27         (1)DEFINITIONS.—As used in this section, the term:
   28         (a)“Licensing” means any training, education, test,
   29  certification, registration, or license that is required for a
   30  person to perform an occupation in addition to any associated
   31  fee.
   32         (b)“Local government” means a county, municipality,
   33  special district, or political subdivision of the state.
   34         (c)“Occupation” means a paid job, profession, work, line
   35  of work, trade, employment, position, post, career, field,
   36  vocation, or craft.
   37         (2)PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE.—The
   38  licensing of occupations is expressly preempted to the state and
   39  this section supersedes any local government licensing
   40  requirement of occupations with the exception of the following:
   41         (a)Any local government that imposed licenses on
   42  occupations before July 1, 2021. However, any such local
   43  government licensing of occupations expires on July 1, 2023.
   44         (b)Any local government licensing of occupations
   45  authorized by general law.
   46         (3)EXISTING LICENSING LIMIT.—A local government that
   47  licenses occupations and retains such licensing as set forth in
   48  paragraph (2)(a) may not impose additional licensing
   49  requirements on that occupation or modify such licensing.
   50         (4)LOCAL LICENSING NOT AUTHORIZED.—Local licensing of an
   51  occupation that is not authorized under this section or
   52  otherwise authorized by general law does not apply and may not
   53  be enforced.
   54         Section 2. Paragraph (a) of subsection (4) of section
   55  489.117, Florida Statutes, is amended to read:
   56         489.117 Registration; specialty contractors.—
   57         (4)(a) A person holding a local license whose job scope
   58  does not substantially correspond to either the job scope of one
   59  of the contractor categories defined in s. 489.105(3)(a)-(o), or
   60  the job scope of one of the certified specialty contractor
   61  categories established by board rule, is not required to
   62  register with the board to perform contracting activities within
   63  the scope of such specialty license. A local government, as
   64  defined in s. 163.211, may not require a person to obtain a
   65  license for a job scope that does not substantially correspond
   66  to the job scope of one of the contractor categories defined in
   67  s. 489.105(3)(a)-(o) and (q) or authorized in s. 489.1455(1).
   68  For purposes of this section, job scopes for which a local
   69  government may not require a license include, but are not
   70  limited to, painting; flooring; cabinetry; interior remodeling;
   71  driveway or tennis court installation; decorative stone, tile,
   72  marble, granite, or terrazzo installation; plastering;
   73  stuccoing; caulking; and canvas awning or ornamental iron
   74  installation.
   75         Section 3. Section 489.1455, Florida Statutes, is amended
   76  to read:
   77         489.1455 Journeyman; reciprocity; standards.—
   78         (1)Counties and municipalities are authorized to issue
   79  journeyman licenses in the plumbing, pipe fitting, mechanical,
   80  or HVAC trades.
   81         (2)(1) An individual who holds a valid, active journeyman
   82  license in the plumbing, pipe fitting plumbing/pipe fitting,
   83  mechanical, or HVAC trades issued by any county or municipality
   84  in this state may work as a journeyman in the trade in which he
   85  or she is licensed in any county or municipality of this state
   86  without taking an additional examination or paying an additional
   87  license fee, if he or she:
   88         (a) Has scored at least 70 percent, or after October 1,
   89  1997, at least 75 percent, on a proctored journeyman Block and
   90  Associates examination or other proctored examination approved
   91  by the board for the trade in which he or she is licensed;
   92         (b) Has completed an apprenticeship program registered with
   93  a registration agency defined in 29 C.F.R. s. 29.2 and
   94  demonstrates 4 years’ verifiable practical experience in the
   95  trade for which he or she is licensed, or demonstrates 6 years’
   96  verifiable practical experience in the trade for which he or she
   97  is licensed;
   98         (c) Has satisfactorily completed specialized and advanced
   99  module coursework approved by the Florida Building Commission,
  100  as part of the building code training program established in s.
  101  553.841, specific to the discipline or, pursuant to
  102  authorization by the certifying authority, provides proof of
  103  completion of such coursework within 6 months after such
  104  certification; and
  105         (d) Has not had a license suspended or revoked within the
  106  last 5 years.
  107         (3)(2) A local government may charge a registration fee for
  108  reciprocity, not to exceed $25.
  109         Section 4. Section 489.5335, Florida Statutes, is amended
  110  to read:
  111         489.5335 Journeyman; reciprocity; standards.—
  112         (1)Counties and municipalities are authorized to issue
  113  journeyman licenses in the electrical and alarm system trades.
  114         (2)(1) An individual who holds a valid, active journeyman
  115  license in the electrical or alarm system trade issued by any
  116  county or municipality in this state may work as a journeyman in
  117  the trade in which he or she is licensed in any other county or
  118  municipality of this state without taking an additional
  119  examination or paying an additional license fee, if he or she:
  120         (a) Has scored at least 70 percent, or after October 1,
  121  1997, at least 75 percent, on a proctored journeyman Block and
  122  Associates examination or other proctored examination approved
  123  by the board for the electrical trade in which he or she is
  124  licensed;
  125         (b) Has completed an apprenticeship program registered with
  126  a registration agency defined in 29 C.F.R. s. 29.2 and
  127  demonstrates 4 years’ verifiable practical experience in the
  128  electrical trade for which he or she is licensed, or
  129  demonstrates 6 years’ verifiable practical experience in the
  130  electrical trade for which he or she is licensed;
  131         (c) Has satisfactorily completed specialized and advanced
  132  module coursework approved by the Florida Building Commission,
  133  as part of the building code training program established in s.
  134  553.841, specific to the discipline, or, pursuant to
  135  authorization by the certifying authority, provides proof of
  136  completion of such curriculum or coursework within 6 months
  137  after such certification; and
  138         (d) Has not had a license suspended or revoked within the
  139  last 5 years.
  140         (3)(2) A local government may charge a registration fee for
  141  reciprocity, not to exceed $25.
  142         Section 5. This act shall take effect July 1, 2021.

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