Florida’s new laws (Florida HB 735 and HB 1383) regarding contractor licensing can be an extremely confusing series of legislative provisions, which may have unintended consequences to Indian River County homeowners.

In 2021, the Florida legislature passed HB 735, which mandated the preemption of local contracting licenses to the state, prohibiting local municipalities from requiring licenses to perform certain scopes of work. This bill went into effect July 1, 2021, and required local governments to comply starting July 1, 2023, which was extended to July 1, 2024.

One unintended consequence is that now that contractor licenses have been preempted to the state, homeowners are unable to seek relief for fraud because the local municipalities didn’t issue the license.  Municipalities don’t know who has licenses, who doesn’t and have no control over “policing” by Contractor Licensing Investigators.

An example of an unintended consequence:  You engage a contactor who takes your $ 500 deposit and then never comes back.  Rather than reporting this to the County, it is now in your own hands through small claims court. (This is a felony not to have provided services after a deposit.) 

Florida has 16 contracting job scopes that municipalities lost control by HB 735 over licensing:

General contractor. 

Building contractor. 

Residential contractor. 

Sheet metal contractor.

Roofing contractor. 

Class A air-conditioning contractor.

Class B air-conditioning contractor. 

Class C air-conditioning contractor. 

Mechanical contractor.

Commercial pool/spa contractor. 

Residential pool/spa contractor. 

Swimming pool/spa servicing contractor.

Plumbing contractor.

Underground utility and excavation contractor.

Solar contractor; or a 

Specialty contractor.  

The scope of work of each of these contractors is described in Section 489.105(3), Florida Statutes.

While losing control of licensing these job scopes under HB 735, municipalities, subject to HB 735 also lost control the ability to require licenses “including, 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.”  The Counties have thus lost control of these professions.

Along comes HB 1383 signed into law on June 20, 2023, which provided additional guidance to HB 735, which was signed into law after the previous legislative session.

HB 1383 basically prohibits local governments from requiring a local license for any job scope that is not available at the state level. Though HB 1383 allows municipalities to license non-preempted trades until 7/2024.

But by not requiring local licenses for these trades how do you, as a homeowner, know if you are working with what should be a licensed business?  Unlicensed Contractor Licenses in Florida are generally charged as a first-degree misdemeanor, with penalties of up to 1 year in jail or 12 months of probation, and a $1,000.00 fine.

Additionally, by July 1, 2024, HB 1383 “requires to…by rule, establish (to add) certified specialty contractor categories for voluntary licensure for all of the following:”

1. Structural aluminum or screen enclosures.
2. Marine seawall work.
3. Marine bulkhead work.
4. Marine dock work.
5. Marine pile driving.
6. Structural masonry.
7. Structural prestressed, precast concrete work.
8. Rooftop solar heating installation.
9. Structural steel. 
10. Window and door installation, including garage door installation and hurricane or windstorm protection. 
11. Plaster and lath.
12. Structural carpentry.

Now there will be 28 contracting job scopes.  According to HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS, “The bill may increase revenues due to an increase of specialty contractors licensed by DBPR.” 

Additionally, out side of the contracting job scopes,Florida law specifically preempts local regulation with regard to the following: 

• ·  Zoning of family day care homes.
• ·  Zoning of community residential homes.
• ·  Pest control.
• ·  Assessing local fees in certain circumstances for contractors.
• ·  Assessing local fees for low-voltage alarm system projects.
• ·  Public lodging establishments and public food service establishments.
• ·  Food trucks.
• ·  Mobile home parks, lodging parks, recreational vehicle parks, and recreational camps.
• ·  Beekeeping.
• ·  Nonresidential farm buildings, farm fences and farm signs.
• ·  Insurers and agents.
• ·  Sellers of travel.
• ·  Movers of household goods and moving brokers.
• ·  Tobacco and nicotine products.
• ·  Firearms, weapons, and ammunition.
• ·  Employment benefits.
• ·  Polystyrene products; and 
• ·  Disposable plastic bags.

 Another loss of control is Florida House Bill 1417, which would prohibit local governments from overseeing landlord-tenant relationships.

State lawmakers said the legislation will ensure consistency across the state, which they claim is critical in creating an ideal marketplace for development and housing.

Sheena Rolle, Senior Director of Strategy at Florida Rising, said that would be a step backward for Orange County residents who fought for rent stabilization and protections.

What’s next?

This Fall in the next Florida legislative session, there will be other attempts over more than seven years of bills to bring Florida’s vacation rental industry under a statewide regulatory umbrella where all meaningful control bets are off!

A Dangerous False Sense of Security Over Short-Term Rentals.  Indian River County, FL.

Municipal governments are supposed to perform functions, provide services, and exercise any power for municipal purposes, except as otherwise provided by law. Shouldn’t they have control of many of these local matters?

ANOTHER PREEMPTION: 

CS/HB 1417 passed the House on April 26, 2023, and subsequently passed the Senate on April 28, 2023. 

1. The bill also specifies that it supersedes any local government regulations on matters covered under the Act, including, but not limited to: 
   1. ·  The screening process used by landlords in approving tenancies.
   1. ·  Security deposits.
   1. ·  Rental agreement applications and fees associated therewith.
   1. ·  Terms and conditions of rental agreements. 
   1. ·  The rights and responsibilities of landlords and tenants; disclosures concerning the premises, dwelling unit, rental agreement, or rights and responsibilities of landlords and tenants.
   1. ·  Fees charged by the landlord; and 
   1. ·  Notice requirements.

Another: Florida Statute 790.33 Section 33:

(1) PREEMPTION.—Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void.

If you are concerned about your contractors license you have to call the Florida Department of Business and Professional Regulation (“DBPR”) 1-800) at 850.487.1395. The CCC hours of operations are Monday-Friday, 8 a.m. – 5:00 p.m., Eastern Time. For a quicker response from a DBPR representative, the best times during the day to call are between the hours of 8 a.m. to 10 a.m. Eastern Time or 3:30 p.m. to 5:00 p.m. Eastern Time.

For all these licenses, you are no longer able to call or meet with someone in local Indian River County building department.

Sources:

HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS HB 1383

goldcoastschools.com

contractorcampus.com

HB 1417

HB 1383

Jimison Burr Attorneys

Linkhorst & Hockin, Attorneys