HomeMy WebLinkAboutReso 2019-2932 RESOLUTION NO. 2019- 3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, OPPOSING FLORIDA
HOUSE BILL 3 AND SENATE BILL 1748 WHICH SEEK TO
PREEMPT LOCAL PROFESSIONAL AND OCCUPATIONAL
REGULATIONS AND LICENSING; DIRECTING THE CITY
CLERK TO DISTRIBUTE COPIES OF THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida House Bill 3 and Senate Bill 1748 have been filed for consideration
during the Florida Legislature's 2019 session; and
WHEREAS, these bills will preempt local government's ability to regulate local
professional and occupational licensing; and
WHEREAS, these bills aim to specifically prohibit local governments from requiring a
license for job scopes including, but not limited to, painting, flooring, cabinetry, interior
remodeling, driveway or tennis court installation,decorative stone,tile, marble, granite,or terrazzo
installation, plastering, and stuccoing; and
WHEREAS, the City Commission wishes to express its strong opposition to these bills,
thereby protecting and preserving Municipal Home Rule powers as provided in the Florida
Constitution.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing"WHEREAS" clauses are hereby ratified and incorporated
herein.
Section 2. Opposition of Florida House Bill 3 and Senate Bill 1748. The City Commission
hereby expresses strong opposition to House Bill 3, Senate Bill 1748, or similar legislation that
would preempt local government's ability to regulate local professional and occupational licensing.
Section 3. Directions to the City Clerk. The City Clerk is directed to distribute copies of this
Resolution to Governor Ron DeSantis, Florida House Representative Amber Mariano, Florida
Senator Keith Perry, the Speaker of the House of Representatives, the President of the Florida
senate, the Chair of the Miami-Dade State Legislative Delegation, the Florida League of Cities,
the Florida Association of Counties, the Florida City County Management Association, and the
Miami-Dade County League of Cities.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 21st day of March 2019.
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Reso opposing HB 3 and SB 1748
t r George . Scholl, Mayor
(' " ATT'..► T
r
'Mauricio Betancur, CMC, City Clerk
P.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Julia Grachov , Interim City Attorney
Moved by: V � 1/601-114
• Seconded by: C01 6414 410146 V I Ce411-41-k
Vote:
Mayor Scholl (Yes) (No)
Vice Mayor Svechin —r(Yes). (No)
Commissioner Goldman /–(Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Viscarra (Yes) (No)
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Reso opposing HB 3 and SB 1748
FL0 R I D A HOUSE OF REPRESENTATIVES
CS/CS/1-1133 2019
1 A bill to be entitled
2 An act relating to preemption of local professional
3 and occupational regulations and licensing; creating
4 s . 163 . 21, F. S . ; providing definitions; preempting the
5 regulation and licensing of professions and
6 occupations to the state; providing exceptions;
7 prohibiting local governments from imposing additional
8 regulations or modifying regulations unless specified
9 conditions are met; specifying that certain local
10 regulations that do not meet specified criteria do not
11 apply and may not be enforced; amending s . 489 . 117,
12 F. S . ; specifying that certain specialty contractors or
13 journeymen are not required to register with the
14 Construction Industry Licensing Board; prohibiting
15 local governments from requiring certain specialty
16 contractors to obtain a license under specified
17 circumstances; specifying job scopes for which a local
18 jurisdiction may not require a license; providing an
19 effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1 . Section 163 . 21, Florida Statutes, is created to
24 read:
25 163 . 21 Regulation and licensing of professions and
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FLORIDA HOUSE OF REPRESENTATIVES
CS/CS/HB 3 2019
26 occupations preempted to state .-
27 (1) DEFINITIONS . -As used in this section:
28 (a) "Local government" means a county, municipality,
29 special district, or political subdivision of the state.
30 (b) "Occupation" means a paid job, profession, work, line
31 of work, trade, employment, position, post, situation, career,
32 field, vocation, calling, or craft, or any other activity
33 undertaken by a person to earn a livelihood.
34 (c) "Profession" means a paid occupation that involves
35 prolonged or specialized training, knowledge, qualifications,
36 and skills . The term includes membership in a professional body
37 that is guided by a certain code of conduct established by the
38 professional body or a certificate of practice or license to
39 engage in a profession.
40 (d) "Regulation" means a rule, directive, act, law, bylaw,
41 ordinance, pronouncement, mandate, command, injunction, license,
42 procedure, requirement, prescription, or guideline, and any
43 action or process of regulating or being regulated along with
44 any associated fee .
45 (2) PREEMPTION OF PROFESSIONAL AND OCCUPATIONAL REGULATION
46 AND LICENSING TO THE STATE. -The regulation and licensing of
47 professions and occupations is expressly preempted to the state,
48 and this section supersedes any local government regulation or
49 licensing requirement of professions and occupations with the
50 exception of the following:
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FLORIDA HOUSE OF REPRESENTATIVES
CS/CS/HB 3 2019
51 (a) Any local government regulation of professions or
52 occupations adopted or imposed before July 1, 2019 . However, any
53 such regulation expires on July 1, 2021 .
54 (b) A regulation expressly authorized by general law.
55 (3) EXISTING REGULATION LIMIT. -A local government with a
56 local regulation concerning a profession or occupation that is
57 retained pursuant to paragraph (2) (a) may not impose additional
58 regulations on that profession or occupation or modify such
59 regulation.
60 (4) REGULATIONS NOT AUTHORIZED.—A local regulation of a
61 profession or occupation that is not authorized under this
62 section or otherwise expressly authorized by general law does
63 not apply and may not be enforced.
64 Section 2 . Paragraph (a) of subsection (4) of section
65 489 . 117, Florida Statutes, is amended to read:
66 489 . 117 Registration; specialty contractors .-
67 (4) (a) A person holding a local license whose job scope
68 does not substantially correspond to either the job scope of one
69 of the contractor or journeyman categories defined in s .
70 489 . 105 (3) (a) - (o) , or the job scope of one of the certified
71 specialty contractor or journeyman categories established by
72 board rule, is not required to register with the board e
73 perform contracting activities within the scope of ouch
74 specialty licence. A local government, as defined in s .
75 163 . 21 (1) , may not require a person to obtain a license for a
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CS/CS/HB 3 2019
76 job scope which does not substantially correspond to the job
77 scope of one of the contractor categories defined in s .
78 489 . 105 (3) (a) - (o) and (q) . For purposes of this section, job
79 scopes for which a local jurisdiction may not require a license
80 include, but are not limited to, painting, flooring, cabinetry,
81 interior remodeling, driveway or tennis court installation, and
82 decorative stone, tile, marble, granite, or terrazzo
83 installation, plastering, stuccoing, caulking, canvas awning
84 installation, and ornamental iron installation.
85 Sedtion 3 . This act shall take effect July 1, 2019 .
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Florida Senate - 2019 SB 1748
By Senator Perry
8-01765A-19 20191748
1 A bill to be entitled
2 An act relating to preemption of local regulations;
3 creating s . 163 . 21, F. S. ; providing definitions;
4 prohibiting certain local governments from imposing or
5 adopting certain regulations on businesses and
6 business entities on or after a specified date;
7 providing exceptions; specifying that certain
8 regulations expire and may only be readopted or
9 continue to be imposed after meeting specified
10 criteria; preempting the regulation and licensing of
11 professions and occupations to the state; providing
12 exceptions; prohibiting local governments from
13 imposing additional regulations or modifying
14 regulations unless specified conditions are met;
15 specifying that specified local regulations that do
16 not meet specified criteria do not apply and may not
17 be enforced; amending s . 489 . 117, F. S . ; specifying
18 that specified specialty contractors are not required
19 to register with the Construction Industry Licensing
20 Board; prohibiting local governments from requiring
21 certain specialty contractors to obtain a license
22 under specified circumstances; specifying job scopes
23 for which a local jurisdiction may not require a
24 license; providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1 . Section 163 . 21, Florida Statutes, is created to
29 read:
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30 163 . 21 Regulation of businesses and business entities;
31 regulation and licensing of professions and occupations
32 preempted to state .-
33 (1) DEFINITIONS .—As used in this section:
34 (a) "Business" means any activity regularly engaged in by
35 any person, or caused to be engaged in by any person, for the
36 purpose of private or public gain, benefit, or advantage . The
37 term includes goods and services and business entities .
38 (b) "Business entity" has the same meaning as in s .
39 112 . 312 .
40 (c) "Local government" means a county, municipality,
41 special district, or political subdivision of the state.
42 (d) "Occupation" means a paid job, profession, work, line
43 of work, trade, employment, position post, situation, business,
44 career, field, vocation, calling, or craft, or any other
45 activity undertaken by a person to earn a livelihood.
46 (e) "Profession" means a paid occupation that involves
47 prolonged or specialized training, knowledge, qualifications,
48 and skills . The term includes membership in a professional body
49 that isguided bya certain code of conduct established bythe
50 professional body or a certificate of practice to engage in a
51 profession.
52 (f) "Publicly stated" or "published" means the posting of a
53 statement or report on the local government' s website 14 days
54 before any publicly noticed meeting to adopt any regulation of a
55 business or business entity, or, government the local does
56 not have a website, the publishing of a statement or report in
57 the local government' s meeting notice or agenda and publicly
58 reading the statement or report at the meeting immediately
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59 before the vote to adopt the regulation.
60 (g) "Regulation" means a rule, directive, act, law, bylaw,
61 ordinance, pronouncement, mandate, command, injunction,
62 procedure, requirement, prescription, or guideline, and any
63 action or process of regulating or being regulated along with
64 any associated fee .
65 (h) "Transactional costs" are direct costs that are
66 ascertainable based upon standard business practices, and
67 include filing fees, the cost of obtaining a license, the cost
68 of procedures required to be employed in complying with the
69' proposed regulation, additional operating costs incurred, the
70, cost of monitoring and reporting, and any other costs necessary
71. to comply with the proposed regulation.
72 (2) BUSINESS AND BUSINESS ENTITY REGULATION.—On or after
73 July 1, 2019, a local government may not adopt, or impose any new
74 regulation that is not expressly authorized by general law on a
75 business or business entity unless :
76 (a) The local government has determined and publicly stated
77 that the regulation is justified because :
78 1 . The regulation is necessary to protect the public
79 health, safety, or welfare from significant and discernible harm
80 or damage and that the police power being exercised is only
81 being exercised to the extent necessary for that purpose;
82 2 . The regulation is being regulated in a manner that does
83 not unnecessarily restrict entry into the business or adversely
84 affect the availability of the business' services to the public;
85 and
86 3 . The least restrictive and most cost-effective regulatory
87 scheme is being used to regulate such business or business
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88 entity.
89 (b) The regulation has a sunset date or expires 2 years
90 after the date it was adopted or imposed. The regulation may not
91 be readopted or. continue to be imposed without meeting the
92 requirements of this section.
93 (c) The local government has passed the regulation by a
94 two-thirds vote of the entire membership of the governing body.
95 However, a two-thirds vote of the entire membership of the
96 governing body is not required for zoning regulations,
97 regulations that increase building costs by less than $750,
98 nuisance ordinances, andordinances related to alcohol or
99 tobacco.
100 (d) The local government has completed a statement of
101 estimated regulatory costs and determined that the regulation
102 does not impose regulatory costs on the business or business
103 entity that could be reduced by the adoption of a less costly
104 alternative. The statement of estimated regulatory costs must be
105 published 14 days before the adoption or imposition of the
106 regulation and must include the following:
107 1 . A determination as to whether the overall cost-
108 effectiveness and economic impact of the proposed regulation,
109 including the indirect costs to consumers, will be favorable;
110 2 . An estimate of the number of businesses or business
111 entities that would be subject to the regulation;
112 3 . An estimate of the cost of regulation, including the
113 indirect costs to consumers, and the method proposed to finance
114 the regulation;
115 4 . The resources necessary to implement and enforce the
116 proposed regulation, including, but not limited to:
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117 a. The anticipated costs to implement and enforce the
118 proposed regulation; and
119 b. The anticipated license fees to cover the anticipated
120 costs;
121 5 . The anticipated impact to small businesses as defined in
122 s . 288 . 703;
123 6. The anticipated impact on business competitiveness,
124 including the ability of persons doing business in the county to
125 compete with persons doing business in other counties or
126 markets;
127 7 . The anticipated impact on economic growth and private
128 sector job creation or employment;
129 8 . The cost imposed on businesses and business entities as
130 a result of the regulation; and
131 9. A good faith estimate of the transactional costs likely
132 to be incurred by businesses and business entities required to
133 comply with the proposed regulation.
134 (3) EXEMPTION.—Any regulation expressly authorized by
135 general law is exempt from the requirements of this section.
136 (4) REGULATION EXPIRATION.—Any regulation of a business or
137 business entity adopted or imposed before July 1, 2019, expires
138 on July 1, 2021, and may only be readopted or continue to be
139 imposed after meeting the criteria in subsection (2) , unless the
140 regulation is expressly authorized by general law.
141 (5) PREEMPTION OF PROFESSIONAL AND OCCUPATIONAL REGULATION
142 AND LICENSING TO THE STATE.—The regulation and licensing of
143 professions and occupations is expressly preempted to the state,
144 and this section supersedes any local government regulation or
145 licensing requirement of professions and occupations with the
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146 exception of the following:
147 (a) Any local government regulation of professions or
148 occupations adopted or imposed before July 1, 2019 . However, any
149 such regulation expires on July 1, 2021 .
150 (b) A regulation expressly authorized by general law or
151 ratified by the Legislature before July 1, 2021 .
152 (6) EXISTING REGULATION LIMIT.—A local government with a
153 local regulation concerning a profession or occupation that is
154 retained pursuant to paragraph (5) (a) or paragraph (5) (b) may
155 not impose additional regulations on that profession or
156 occupation or modify such regulation except in accordance with
157 this section.
158 (7) REGULATIONS NOT AUTHORIZED.—Any local regulation of a
159 business, business entity, profession, or occupation that is not
160 authorized under this section or otherwise expressly authorized
161 by general law does not apply and may not be enforced.
162 Section 2 . Paragraph (a) of subsection (4 ) of section
163 489 . 117, Florida Statutes, is amended to read:
164 489 . 117 Registration; specialty contractors .-
165 (4) (a) A person holding a local license whose job scope
166 does not substantially correspond to either the job scope of one
167 of the contractor categories defined in s . 489. 105 (3) (a) - (o) , or
168 the job scope of one of the certified specialty contractor
169 categories established by board rule, is not required to
170 register with the board to perform contracting activitice within
171 the scope of such specialty license . A local government, as
172 defined in s . 163 . 21 (1) , may not require a person to obtain a
173 license for a job scope which does not substantially correspond
174 to the job scope of one of the contractor categories defined in
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175 s . 489. 105 (3) (a) - (o) and (q) . For purposes of this section, job
176 scopes for which a local jurisdiction may not require a license
177 include, but are not limited to, painting, flooring, cabinetry,
178 interior remodeling, driveway or tennis court installation, and
179 decorative stone, tile, marble, granite, or terrazzo
180 installation, plastering, and stuccoing.
181 Section 3 . This act shall take effect. July 1, 2019.
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