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; AMENDING AND RENUMBERING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 9 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”), PROVIDING FOR CONSISTENCY WITH CHAPTER 2021-214, LAWS OF FLORIDA, AS AMENDED; PROVIDING FOR THE ISSUANCE OF CERTIFICATES OF COMPETENCY; ESTABLISHING THE CATEGORIES OF CONTRACTORS AND QUALIFICATIONS FOR THE ISSUANCE OF CERTIFICATES OF COMPETENCY; ELIMINATING REGULATIONS PERTAINING TO TREE TRIMMING CONTRACTORS; AMENDING PROVISIONS RELATED TO THE COUNTY CENTRAL EXAMINING BOARD RESTITUTION TRUST FUND; 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 May 20, 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
Chapter 2021-214, Laws of Florida (“HB 735”), expressly preempts the licensing of occupations to the state and supersedes any local government licensing of occupations. However, any local government licensing of occupations that is authorized by general law is exempt from the preemption (“Preemption of Local Licensing”). Under HB 735, the Preemption of Local Licensing was slated to take effect on July 1, 2023; however, Chapters No. 2023-271 and 2024-212 extended the effective date of HB 735 to July 1, 2025. During the last year, the state established by rule certain certified specialty contractor categories for voluntary licensure. The 2025 Session of the Florida Legislature did not extend the effective date of HB 735. Therefore, the Preemption of Local Licensing will take effect on July 1, 2025.
The proposed Ordinance amends Chapter 9 of the Code for consistency with HB 735, as amended, and will result in a greater amount of work being lawfully done without a license and fewer licenses being issued by the County. The Ordinance authorizes Divisions I and 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. The proposed Ordinance further reserves the rights of Divisions I and II of the CEB to include additional trades or work that may be subsequently permitted under Florida law.
It is anticipated that 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 Central Examining Board Restoration Trust Fund (“RTF”). Therefore, to promote efficiency, the proposed Ordinance further amends the provisions related to the RTF to only require reporting to the Board when the funds exceed $500,000.
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.