*Red font in the legislation and regulation indicates changes from previous reporting

Florida – HB 3/SB 1748 (Licensing)

Issue: Regulation of a profession or occupation

Affects:  Those who build pools/spas

House Bill 3 Summary: This bill has been amended several times and now pertains to when the State has the authority to regulate licensing of occupations.  Except for the following times, licensing for occupation is expressly preempted to the State:

  • Any local government that imposed licenses on occupations before July 1, 2019.However, any such local government licensing of occupations expires on July 1, 2021.
  • Any local government licensing of occupations authorized by general law.

A local government, as defined in s. 163.21(1), may not require a person to obtain a license for a job scope which does not substantially correspond to the job scope of one 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.

Counties and municipalities are authorized to issue journeyman licenses in the plumbing, pipe fitting, mechanical, HVAC, electrical and alarm system trades.

Senate Bill 1748 Summary: This bill relates to the regulation of a profession or occupation and prohibiting certain local governments from imposing or adopting certain regulations on businesses and business entities after a certain date.  It also adds that certain regulations expire and may only be readopted or continue to be imposed after meeting specified criteria.

As outlined in this bill, a local government may not impose a new regulation on a business or business entity unless:

  1. The local government has determined and publicly stated that the regulation is justified;
  2. The regulation has a sunset date or expires 2 years after the date it was adopted or imposed. The regulation may not be readopted or continue to be imposed without meeting the requirements of this section.
  3. The local government has passed the regulation by a two-thirds vote of the entire membership of the governing body. However, a two-thirds vote of the entire membership of the governing body is not required for zoning regulations, regulations that increase building costs by less than $750, nuisance ordinances, and ordinances related to alcohol or tobacco.
  4. The local government has completed a statement of estimated regulatory costs and determined that the regulation does not impose regulatory costs on the business or business entity that could be reduced by the adoption of a less costly alternative. The statement of estimated regulatory costs must be published 14 days before the adoption or imposition of the regulation and must include the following

Any regulation expressly authorized by general law is exempt from these requirements.  Further, any regulation of a business or business entity adopted or imposed before July 1, 2019, expires on July 1, 2021, and may only be readopted or continue to be imposed after meeting the criteria in the above requirements unless the regulation is expressly authorized by general law.

The regulation and licensing of professions and occupations is preempted by the state with the exception of:

  1. Any local government regulation of professions or occupations adopted or imposed before July 1, 2019. However, any such regulation expires on July 1, 2021.
  2. A regulation expressly authorized by general law or ratified by the Legislature before July 1, 2021.

Status: Both bills died May 3, 2019.

HB 3: http://www.flsenate.gov/Session/Bill/2019/3/BillText/c3/PDF

SB 1748: https://www.flsenate.gov/Session/Bill/2019/1748/BillText/Filed/PDF