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Board adopts amended rules to align contractor licensing with Florida law

3773657 · June 10, 2025
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Summary

The Board of Examiners and Contractors voted to adopt amended rules of procedure and related ordinance language to comply with Florida statutes that largely preempt local contractor licensing, while retaining two local license types and changing board membership and quorum rules.

The Board of Examiners and Contractors voted to adopt amended rules of procedure to comply with recent Florida legislation that takes effect July 1, 2025, and largely preempts local contractor licensing.

Staff told the board the statewide changes — described in the meeting as “house bills” that take effect 07/01/2025 — remove much local authority over contractor licensing. The city will continue to require two local licenses that predate the state law: aluminum siding contractors (including fabrication, installation, maintenance, repair, alteration or extension of aluminum siding, soffit, fascia and gutters) and fencing contractors. Staff said other trades now fall under state certification or specialty categories and that the state has authorized roughly 12 new specialty categories.

The amended rules, presented in a redline for the board, make multiple changes to bring the board’s procedures into alignment with state statute. Staff summarized the principal changes: removing definitions duplicated in the ordinance or state law, updating code references (from chapter 5 to chapter 103), changing the secretary to the director of the department or the director’s designee, removing the board attorney as an officer in the rules, and updating complaint-processing language to reflect that complaint procedures are set by ordinance.

Staff also described membership and quorum changes included in the proposal. The current ordinance establishes nine board members with a quorum set at six. The redline and ordinance amendment would reduce the number of appointed members and alter quorum language. In one explanation, staff said the ordinance proposes reducing membership “down to 5 members” and that the amendment would define quorum as a majority of those present. In the rules language shown to the board, staff also pointed out a change that sets a voting quorum textually to three members. Staff characterized these changes as efforts to ensure the board can continue to operate given current vacancies and a requirement that board members be city residents under the state statute’s definition of a local construction regulation board.

Staff said the Department name used in the rules was updated from “Department of Building and Code Enforcement” to “Department of Buildings.” The rules’ rights-and-responsibilities changes noted that respondents are not required to submit written statements but must make a statement; complainants remain permitted to present testimony and evidence. Staff also noted appeals language in the redline that clarifies appeals do not automatically stay enforcement of the appealed order, consistent with statutory direction.

Board members asked clarifying questions about whether the revisions simply align local rules with the state statute; staff confirmed they do. Staff also confirmed the city removed a requirement for four meetings per year from the ordinance and that the board will continue to meet monthly when there are applications to consider rather than on a fixed quarterly schedule.

After discussion, a motion to approve the amended rules of procedure was made and the board adopted the redline as presented. A roll call was taken and all members present voted in favor of adoption.