A few years ago, the Florida Legislature passed a bill that would eliminate specialty licensing at a local level. Originally, the main thrust of the act was supposed to go into effect on July 1, 2023, which was later extended to July 1, 2024. The extension bill also made many substantial (and beneficial) changes to the new law. Apparently, the State was not fully ready to implement the new procedures, and recently, the governor signed yet another bill that extended the effective date until July 1, 2025.
Based upon what our clients are experiencing, some counties had already prepared to eliminate local licensing this year and are doing so regardless of the extension (which they are permitted to do under the law). But other counties are pivoting and extending their local license requirements another year to take advantage of the fees they can generate for the next 12 months. If your business has relied upon local licensing in the past, it is best to check with each county in which you work to ensure that you remain in compliance with any local licensing requirements that the county intends to keep for the next twelve months.
Key Notes Regarding the State Preemption Laws
- Eliminates local specialty licensing requirements as of July 1, 2025:
Specifically identifies the following scopes that will not require a license: (a) painting; (b) flooring; (c) cabinetry; (d) driveway or tennis court installation; (e) handyman services; (f) decorative stone, tile marble, granite or terrazzo installation; (g) plastering; (h) pressure washing; (i) stuccoing; (j) caulking; and (k) canvas awning and ornamental iron installation.
However, counties may continue to have local licensing requirements for the following trades, only to the extent they previously required local licensing: (a) veneer, including aluminum or vinyl gutters; (b) siding; (c) soffit or fascia; (d) rooftop painting, coating and cleaning above three stories; and (e) fence installation.
Requires that the State Construction Industry Licensing Board establish the following certified specialty contractor categories for voluntary licensing: (a) Structural Aluminum or Screen Enclosures; (b) Structural Masonry; (c) Structural Steel; (d) Window & Door Installation; (e) Plaster and Lath; (f) Structural Carpentry; (g) Marine Seawall; (h) Marine Bulkhead; (i) Marine Dock; and (j) Marine Pile Driving.
Prohibits building departments from requiring a license (either state or local) as a condition to obtaining a permit for any scope of work that doesn’t have a corresponding state license. However, the newly created specialty licenses (see bullet point above) will be required to obtain a permit for such scope (assuming the work is not being performed under a Certified General Contractor or Certified Building Contractor).
Similarly, prohibits local governments from requiring licenses to bid on public work unless there is a corresponding state license or state specialty license.
If you have any questions regarding the application of the specialty license requirements as it relates to your work, feel free to contact Bruce E. Loren, Esq. or Kyle W. Ohlenschlaeger, Esq. of Loren & Kean Law, whose contact information is below.
Bruce E. Loren and Kyle W. Ohlenschlaeger of the Loren & Kean Law Firm are based in Palm Beach Gardens and Fort Lauderdale. Loren & Kean Law is a boutique law firm concentrating in construction law, employment law, and complex commercial litigation. Mr. Loren and Mr. Ohlenschlaeger have achieved the title of “Board Certified in Construction Law” by the Florida Bar, exemplifying the Bar’s recognition of this expertise. The firm’s construction clients include owners/developers, general contractors, specialty contractors in every trade, suppliers and professional architects and engineers. Mr. Loren and Mr. Ohlenschlaeger can be reached at bloren@lorenkeanlaw.com or kohlenschlaeger@lorenkeanlaw.com or 561-615-5701.
