Florida ‘deregathon’ redux: Bills preempting local licensing of ‘the little guy’ advance
(The Center Square) – Florida lawmakers capped a two-year “deregathon” with the 2020 adoption of the 94-page Occupational Freedom & Opportunity Act, which trimmed state and local licensing requirements and fees for more than 440,000 working in a wide range of businesses.
But, alas, the “deregathon” continues in 2021 with Tuesday’s advance of companion House-Senate bills that would preempt local governments from regulating “journeyman” licenses or imposing licensing fees for those working as painters, floor installers, plumbers, pipe-fitters, mechanical workers and electricians.
House Bill 735, sponsored by Rep. Joe Harding, R-Ocala, was approved by the House Commerce Committee in a 19-5 vote Tuesday. Securing its third and final hearing necessary for a chamber vote, HB 735 could be debated on the House floor next week.
Senate Bill 268, filed by Sen. Keith Perry, R-Gainesville, moved through the Senate Regulated Industries Committee Tuesday in a 7-1 vote. SB 268 faces hearings in the Senate Community Affairs and Rules committees before reaching the Senate floor.
HB 735/SB 268 preempt local occupation licensing with the exception of those authorized under 2020’s ‘Occupational Freedom & Opportunity Act’ or imposed by a local government before July 1, when the measure goes into effect.
The bill “prohibits local governments from requiring a license for a person whose job scope does not substantially correspond to that of a contractor or journeyman type licensed” by the state’s Construction Industry Licensing Board and the Florida Department of Business & Professional Regulation (DBPR).
Under HB 735/SB 268, local governments could not require a license for painting, flooring, cabinetry, interior remodeling, driveway or tennis court installation, decorative stone, tile, marble, granite, or terrazzo installation, plastering, stuccoing, caulking, and canvas awning or ornamental iron installation.
During Tuesday’s HB 735 hearing before the House Commerce Committee, Harding said licenses imposed on trade workers amount to “questionable or alternative revenue sources” for local governments.
Rep. Joe Geller, D-Aventura, a former mayor, said local governments should be allowed licensing oversight to ensure contractors’ are accountable to constituents.
“There’s this notion that local government is just in the way and doesn’t know what they’re doing and it’s a wrong notion,” he said. “The same people who show the wisdom to send you and all of us here are the same people who elect local government officials.”
During Tuesday’s SB 268 hearing before the Senate Regulated Industries Committee, Perry said local licensing costs and fees can top $200 what amounts to gig work.
“There’s no test requirements to become a pressure washer. There’s no certifications in that, no training requirements, no apprenticeship programs,” Perry said. “All it’s saying is, ‘Hey, if you want to do this, come here, fill out this paper, pay your $200 and go on your way.’”
Sen. Ed Hooper, R-Clearwater, called local licensing fees a backdoor “business registration tax.”
Perry said there’s “some misinformation out there” about the bill, judging from calls received from municipal officials, the Florida League of Cities and Florida Association of Counties in opposition to the measure.
Concerns cited by officials, however, “are not in this bill,” Perry said, adding the measure is “for the little guy.”
“This is not about the professional class. This is not about CPAs or contractors,” he said. “This is about the guy or the lady who wants to say I want to do something to earn a little extra money, start a little side business that the state has not deemed that there is a necessary risk to the general public that we should take charge of this issue.”
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