Contractor License Category Preemption
The Florida Legislature passed House Bill HB735 during the 2021 session preempting local governments from issuing local specialty licenses. In the 2023 session, the Florida Legislature approved House Bill HB1383, which relates to the preemption of occupational licensing to the state and extends by one year, to July 1, 2024, the date that local governments may continue to issue local occupation licenses, but only if such licensing was imposed by the local government before Jan. 1, 2021.
HB 1383 requires the state Construction Industry Licensing Board (CILB) by July 1, 2024 to establish certified specialty contractor categories for voluntary licensure for all of the following:
- Structural aluminum or screen enclosures
- Marine seawall work
- Marine bulkhead work
- Marine dock work
- Marine pile driving
- Structural masonry
- Structural prestressed, precast concrete work
- Rooftop solar heating installation
- Structural steel
- Window and door installation, including garage door installation and hurricane or windstorm protection
- Plaster and lath
- Structural carpentry
HB 1383 also:
- Provides that a local government may not require a license issued by the local government or CILB to perform a job scope that does not substantially correspond to one of the state contractor or specialty contractor categories.
- Prohibits local governments from requiring a license to obtain a permit for a job scope outside of the practice of contracting.
- Allows a local government to continue to offer a license for veneer work, including gutters, siding, soffit, or fascia; rooftop painting, coating, and cleaning above three stories; and fence installation and erection, if such a licensing requirement existed before January 1, 2021.
- Provides that a local government may not require a license as a prerequisite to submitting a bid for public works projects if the work to be performed does not require a license under general law.
HB 1383 has an effective date of July 1, 2023.
A jurisdiction having construction-related licensing requirements prior to January 1, 2021, can continue to license construction-related occupations until July 1, 2024; however, such licensing requirements cannot be modified, and no additional requirements can be added.
Therefore, between now and June 30, 2024, applicants seeking a new license or renewal for those construction-related specialty licenses will be issued a license or have their prior license renewed with an expiration date of June 30, 2024. Accordingly, the license fee will be prorated to cover only the licensure period between the date of issuance or renewal and the statutory July 1, 2024, expiration date.
Further, any permit pulled with these licenses may be impacted after June 30, 2024, and therefore you should contact the permitting jurisdiction for further information.