HB 3 — Preemption of Local Occupational Licensing

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 3 2019 A bill to be entitled An act relating to preemption of local professional and occupational regulations and licensing;

preempting the regulation and licensing of professions and occupations to the state;

prohibiting local governments from imposing additional regulationslicensing requirements or modifying regulationslicensing unless specified conditions are met;

specifying that certain local regulationslicensing that dodoes not meet specified criteria dodoes not apply and may not be enforced;

specifying that certain specialty contractors or journeymen are not required to register with the Construction Industry Licensing Board;

specifying job scopes for which a local jurisdictiongovernment may not require a license;

amending s.

489.1455 and 489.5335, F.S.;

authorizing counties and municipalities to issue certain journeyman licenses;

163.21 Regulation and licensing of professions and Page 1 of 46 CODING:

hb0003-02-c2hb0003-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 3 2019 163.21 Licensing of occupations preempted to state.— (1) DEFINITIONS.-As used in this section:

(a) "Local"Licensing" government" means aany county,training, municipality,education, specialtest, district,certification, registration, procedure, or politicallicense subdivisionthat ofis therequired state.for a person to perform an occupation along with any associated fee.

(b) "Occupation""Local government" means a paidcounty, job,municipality, profession,special work,district, line of work, trade, employment, position, post, situation, career, field, vocation, calling, or craft,political orsubdivision anyof otherthe activitystate. undertaken by a person to earn a livelihood.

(c) "Profession""Occupation" means a paid occupationjob, thatprofession, involveswork, prolongedline orof specializedwork, training,trade, knowledge,employment, qualifications,position, andpost, skills.career, field, vocation, or craft.

The(2) termPREEMPTION includesOF membershipOCCUPATIONAL inLICENSING aTO professionalTHE bodySTATE.-The thatlicensing isof guidedoccupations byis aexpressly certainpreempted codeto ofthe conductstate, establishedand bythis thesection professionalsupersedes bodyany orlocal agovernment certificatelicensing requirement of practiceoccupations orwith licensethe toexception engageof inthe afollowing: profession.

(d)(a) "Regulation"Any meanslocal agovernment rule,that directive,imposed act,licenses law,on bylaw,occupations ordinance,before pronouncement,July mandate,1, command,2019. injunction, license, procedure, requirement, prescription, or guideline, and any action or process of regulating or being regulated along with any associated fee.

(2)However, PREEMPTION OF PROFESSIONAL AND OCCUPATIONAL REGULATION AND LICENSING TO THE STATE.-The regulation and licensing of professions and occupations is expressly preempted to the state, and this section supersedes any such local government regulation or licensing requirement of professions and occupations withexpires theon exceptionJuly of1, the2021. following:

Page(b) 2Any local government licensing of 4occupations CODING:authorized by general law.

(3) EXISTING LICENSING LIMIT.-A local government that licenses occupations and retains such licensing as set forth in paragraph (2)(a) may not impose additional licensing requirements on that occupation or modify such licensing.

(4) LOCAL LICENSING NOT AUTHORIZED.—Local licensing of an Page 2 of 6 CODING:

hb0003-02-c2hb0003-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 3 2019 (a)occupation Anythat localis governmentnot regulationauthorized ofunder professionsthis section or occupationsotherwise adoptedauthorized orby imposedgeneral beforelaw Julydoes 1,not 2019.apply and may not be enforced.

However, any such regulation expires on July 1, 2021.

(b) A regulation expressly authorized by general law.

(3) EXISTING REGULATION LIMIT.-A local government with a local regulation concerning a profession or occupation that is retained pursuant to paragraph (2)(a) may not impose additional regulations on that profession or occupation or modify such regulation.

(4) REGULATIONS NOT AUTHORIZED.—A local regulation of a profession or occupation that is not authorized under this section or otherwise expressly authorized by general law does not apply and may not be enforced.

specialty contractors.— (4)(a) A person holding a local license whose job scope does not substantially correspond to either the job scope of one of the contractor or journeyman categories defined in s.

489.105(3)(a)-(o), or the job scope of one of the certified specialty contractor or journeyman categories established by board rule, is not required to register with the board to perform contracting activities within the scope of such specialty license.

163.21(1), may not require a person to obtain a license for a Pagejob 3scope which does not substantially correspond to the job scope of 4one CODING:of the contractor categories defined in s.

489.105(3)(a)-(o) and (q) or authorized in s.

489.1455(1).

For purposes of this section, job scopes for which a local government may not require a license include, but are not limited to, painting, flooring, cabinetry, interior remodeling, driveway or tennis court installation, and decorative stone, tile, marble, granite, or terrazzo installation, plastering, stuccoing, caulking, canvas awning installation, and ornamental iron installation.

Section 3.

Section 489.1455, Florida Statutes, is amended Page 3 of 6 CODING:

hb0003-02-c2hb0003-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 3 2019 job scope which does not substantially correspond to theread: job scope of one of the contractor categories defined in s.

489.105(3)(a)-(o)489.1455 andJourneyman; (q).

Forreciprocity; purposes of this section, job scopes for which a local jurisdiction may not require a license include, but are not limited to, painting, flooring, cabinetry, interior remodeling, driveway or tennis court installation, and decorative stone, tile, marble, granite, or terrazzo installation, plastering, stuccoing, caulking, canvas awning installation, and ornamental iron installation.

Sectionstandards.— 3.(1) Counties and municipalities are authorized to issue journeyman licenses in the plumbing, pipe fitting, mechanical, or HVAC trades.

(2)(1) An individual who holds a valid, active journeyman license in the plumbing, pipe fitting plumbing/pipe fitting, mechanical, or HVAC trades issued by any county or municipality in this state may work as a journeyman in the trade in which he or she is licensed in any county or municipality of this state without taking an additional examination or paying an additional license fee, if he or she:

(a) Has scored at least 70 percent, or after October 1, 1997, at least 75 percent, on a proctored journeyman Block and Associates examination or other proctored examination approved by the board for the trade in which he or she is licensed;

(b) Has completed an apprenticeship program registered with a registration agency defined in 29 C.F.R.