The State of Local Licensing in Florida
Until relatively recently, there were two levels of licensure applicable to contractors in Florida. The State of Florida, through the Department of Business and Professional Regulation, Construction Industry Licensing Board, and Electrical Contractors Licensing Board, issued licenses under Chapter 489, Florida Statutes. These licenses generally consisted of the categories of licensure listed in 489.105, Florida Statutes, and a few, voluntary specialty categories of licensure authorized under 489.105, Florida Statutes, but described in Florida Administrative Code Rule 61G4-15. Typically these licenses would be issued authorizing work to be performed anywhere in the State of Florida.
At the same time, most counties and cities in Florida also had their own licensing regulations. In some instances, these mirrored the licenses issued by the State of Florida, but in many instances, the local municipality expanded licensing requirements to cover professions not regulated at the state level. This included painting, flooring, cabinetry, stucco, and similar specialty professions.
For most contractors with state-issued licenses, they had to also register locally to properly conduct business. For contractors with locally-issued licenses, they were usually limited to operating in the municipality that issued the license, and typically would have to obtain licenses from more than one municipality if they wanted to operate in multiple cities or counties. These dual-levels of licensure created layers of regulation, uneven enforcement, and confusing requirements for contractors.
How It Started
As a result, in 2021, as part of a broader effort to deregulate various industries in Florida, Governor DeSantis signed HB 735 (2021) in to law, that reserved contractor licensing to the state only. This was accomplished through two statutes. First, the bill created 163.211, Florida Statutes, which stated as follows:
Licensing of occupations preempted to state.—
(1) DEFINITIONS.- As used in this section:
(a) "Licensing" means any training, education, test, certification, registration, or license that is required for a person to perform an occupation in addition to any associated fee.
(b) "Local government" means a county, municipality, special district, or political subdivision of the state.
(c) "Occupation" means a paid job, profession, work, line of work, trade, employment, position, post, career, field, vocation, or craft.
(2) PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE.- The licensing of occupations is expressly preempted to the state and this section supersedes any local government licensing requirement of occupations with the exception of the following:
(a) Any local government that imposed licenses on occupations before January 1, 2021. However, any such local government licensing of occupations expires on July 1, 2023.
(b) Any local government licensing of occupations 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 occupation that is not authorized under this section or otherwise authorized by general law does not apply and may not be enforced.
While the original statute called for local licensing to expire in July 2023, 163.211, Florida Statutes, was ultimately amended in the 2022 and 2023 legislative sessions to push the expiration to July 1, 2025, meaning the ability of a local government to offer or require these licenses only expired earlier this month.
Second, HB 735 (2021) modified 489.117, Florida Statutes, which governs registration of contractors and specialty contractors. Specifically, the bill modified 489.117(3)(a) to limit the types of local contractor licenses that could be required by local municipalities, as follows:
(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 categories defined in s. 489.105(3)(a)-(o), or the job scope of one of the certified specialty contractor categories established by board rule, is not required to register with the board to perform contracting activities within the scope of such specialty license. A local government, as defined in s. 163.211, 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; handyman services; decorative stone, tile, marble, granite, or terrazzo installation; plastering; stuccoing; caulking; and canvas awning and ornamental iron installation.
After several more revisions as the deadlines for compliance by local governments were extended, the current text of 489.117(4) is as follows:
(a)1. A person whose job scope does not substantially correspond to either the job scope of one of the contractor categories defined in s. 489.105(3)(a)-(o), or the job scope of one of the certified specialty contractor categories established by board rule, is not required to register with the board. A local government, as defined in s. 163.211, may not require a person to obtain a license, issued by the local government or the state, 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), or the job scope of one of the certified specialty contractor categories established pursuant to s. 489.113(6). A local government may not require a state or local license to obtain a permit for such job scopes. 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 when the scope of the project does not include a task for which a state license is required; driveway or tennis court installation; handyman services; decorative stone, tile, marble, granite, or terrazzo installation; plastering; pressure washing; stuccoing; caulking; and canvas awning and ornamental iron installation.
2. A county that includes an area designated as an area of critical state concern under s. 380.05 may offer a license for any job scope which requires a contractor license under this part if the county imposed such a licensing requirement before January 1, 2021.
3. A local government may continue to offer a license for veneer, including aluminum or vinyl gutters, siding, soffit, or fascia; rooftop painting, coating, and cleaning above three stories in height; or fence installation and erection if the local government imposed such a licensing requirement before January 1, 2021.
4. A local government may not require a license as a prerequisite to submit a bid for public works projects if the work to be performed does not require a license under general law.
How It’s Going
The multiple revisions to 163.211, Florida Statutes, and 489.117, Florida Statutes, have resulted in number of changes for contractors. First, local municipalities cannot require or offer a local license unless it matches one of the license types offered by the State of Florida, either as a regular license or as a voluntary specialty license. Those license types are as follows:
General contractor
Building contractor
Residential contractor
Sheet metal contractor
Roofing contractor
Class A - B HVAC contractor
Mechanical contractor
Comm. Pool/Spa contractor
Res. Pool/Spa contractor
Pool Servicing contractor
Plumbing contractor
Underground utility contractor
Solar contractor
Structural aluminum or screen enclosures
Marine
Marine seawall work
Marine bulkhead work
Marine dock work
Marine pile driving
Structural masonry
Structural pre-stressed, precast concrete work
Structural steel work
Window and Door installation
Garage door installation
Plaster and lath
Structural carpentry
Residential swimming pool/spa servicing
Industrial facility
Building demolition
Irrigation
Tower
Glass and glazing
Gypsum drywall
Gas line
To be clear, a municipality is not required to offer these licenses locally. This is just the limited list of licenses the a local government can offer.
Further, local governments cannot require a contractor to pull a permit for a scope of work that is not covered by one of the local licenses, or that is covered by one of the express exclusions for licensure found in 489.117(4)(a), Florida Statutes.
Finally, contractors who used to have a local license issued by a municipality, but which that municipality is no longer offering, can apply to the State to a have a registration issued by the State, without taking an exam, thereby allowing the contractor to continue to operate in the local municipality. This option was created in July 2024 as part of amendments to 489.117(2), Florida Statutes, which created 489.117(2)(b), Florida Statutes, which states:
(b) The board shall issue a registration to an eligible applicant to engage in the business of a contractor in a specified local jurisdiction, provided each of the following conditions are satisfied:
1. The applicant held, in any local jurisdiction in this state during 2021, 2022, or 2023, a certificate of registration issued by the state or a local license issued by a local jurisdiction to perform work in a category of contractor defined in s. 489.105(3)(a)-(o).
2. The applicant submits all of the following to the board:
a. Evidence of the certificate of registration or local license held by the applicant as required by subparagraph 1.
b. Evidence that the specified local jurisdiction does not have a license type available for the category of work for which the applicant was issued a certificate of registration or local license during 2021, 2022, or 2023, such as a notification on the website of the local jurisdiction or an e-mail or letter from the office of the local building official or local building department stating that such license type is not available in that local jurisdiction.
c. Evidence that the applicant has submitted the required fee.
d. Evidence of compliance with the insurance and financial responsibility requirements of s. 489.115(5).
An examination is not required for an applicant seeking a registration under this paragraph.
Given all the changes to local licensing requirements over the last few years, along with the moving deadlines for compliance by municipalities, there may be confusion around available license types and permitting and licensing requirements. Contractors should pay close attention to any guidance or clarification issued by local building departments and should consult with an attorney if any questions remain about licensure requirements.
Jason Lambert is a Florida Board Certified Construction Attorney and Partner in the Construction Industry Practice Group at Hill Ward Henderson, in Tampa, Florida. He is also the founder and chief contributor to the Hammer & Gavel construction law blog. Jason focuses his practice on representing contractors, subcontractors, and materials suppliers throughout the state of Florida. Before law school, Jason spent a decade working in the construction industry, primarily as a project manager and operations director for both new construction and remodeling. He can be reached at jason.lambert@hwhlaw.com or 813-227-8495.
