Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO ENACT Ordinance, the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO LOCAL OCCUPATIONAL LICENSING AND THE BROWARD COUNTY CENTRAL EXAMINING BOARD RESTITUTION TRUST FUND (“RTF”); AMENDING SECTIONS 9-3, 9-51, AND 9-61 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”), PROVIDING FOR GENERAL HOUSEKEEPING AMENDMENTS AND CONSISTENCY WITH CHAPTER 2021-214, LAWS OF FLORIDA, AS AMENDED; AMENDING SECTIONS 9-141 AND 9-142 OF THE CODE, LIMITING RTF CLAIMS CONSISTENT WITH STATE LAW; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by the Board of County Commissioners)
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Why Action is Necessary
A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners (“Board”) at its meeting of November 13, 2025.
What Action Accomplishes
Allows for the Board’s consideration of the proposed Ordinance.
Goal Related Icon(s)
☐County Commission
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Previous Action Taken
Summary Explanation/Background
The Board enacted Ordinance No. 2025-23 at its June 10, 2025, meeting. The Ordinance amends Chapter 9 of the Code to create consistency with Chapter 2021-214, Laws of Florida, as amended, which expressly preempts the licensing of occupations to the state and supersedes any local government licensing of occupations (“HB 735”). Under HB 735, the Preemption of Local Licensing was slated to take effect on July 1, 2023; however, Chapter Nos. 2023-271 and 2024-212, Laws of Florida, extended the effective date of HB 735 to July 1, 2025.
Ordinance No. 2025-23 specifically authorized Division I and Division II of the Central Examining Board (“CEB”) to establish by resolution the standards for practical experience and application requirements for each of the trades included in the Ordinance. Division I and Division II held a joint meeting of the CEB on May 8, 2025, to discuss the Ordinance and the practical experience requirement for the CEB trades (“Joint Meeting”). After the Joint Meeting, Division I and Division II each adopted a Resolution (Exhibit 3) requiring four (4) years of experience for each CEB trade and further resolved that each Division may consider an applicant’s formal education as experience (“Experience Requirements”). The Experience Requirements have been applied administratively by Division staff to new applicants. The proposed Ordinance codifies the Experience Requirements.
Division staff have had the opportunity to process a cycle of license renewals and have determined that certain housekeeping amendments to the Code would facilitate proper implementation of HB 735. The proposed Ordinance amends the definitions of certified alarm system contractor, certified electrical contractor, certified elevator technician (aka Class “E”), and electrical work to address staff’s concerns.
Finally, each chairperson of Division I and Division II of the CEB wrote a letter to the Division Director (Exhibit 4) expressing their concern regarding the potential depletion of the CEB’s Restitution Trust Fund (“RTF”) due to HB 735 creating a category of voluntary licensure that will result in a greater number of persons legally performing work without a license, thereby reducing the incidence of illegal unlicensed contracting. In light of the foregoing, the CEB anticipates an increase in the amount of work being lawfully done without a license, and the reduction in licenses issued by the County will result in a reduction in the monies available in the RTF. Division I and Division II each recommend that the Code be amended to mirror the Florida Homeowners’ Construction Recovery Fund (i.e., the state’s restitution trust fund) to allow recovery of RTF monies solely by those persons contracting with licensed contractors. The proposed Ordinance amends the Code consistent with the recommendations of Division I and Division II of the CEB. A copy of the Proposed Ordinance has been provided to Division I and Division II of the CEB.
Source of Additional Information
Maite Azcoitia, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
Fiscal Impact Statement by the Office of Management and Budget is attached as Exhibit 2.