The verdicts
Repair / shore-up / plank or board swap on EXISTING structure
No license required
No state license required for like-for-like repair.
Repair to an existing fence, deck, pergola, or gate — plank swaps, post resets, hardware replacement, staining, sealing — is preempted handyman-scope work under §489.117(4)(a). New install or work that alters structural members of a dwelling has different rules.
Statutory citation:§489.117(4)(a) — handyman services + similar small-scope work. Repair, by board precedent, does not "substantially correspond" to a state contractor category.
General information about this type of work — not legal advice, and possibly not current or specific to your locality. Confirm with the Florida DBPR and your local building department (or a licensed Florida attorney) before acting; provided as-is, at your own risk.
NEW install — fence (not attached to house structure)
Borderline — check
Probably no state license, but check local permit rules.
A new fence installation that is not attached to a residence and is not load-bearing typically does not correspond to any §489.105(3) contractor category. Some Broward and Miami-Dade municipalities, however, retain pre-2021 local licensing rules under §163.211(2)(a). Building permits are still required; that's separate from a contractor license.
Statutory citation:§489.117(4)(a) (preemption); §163.211(2)(a) (limited pre-2021 carve-out).
General information about this type of work; your specific situation may differ. Confirm with DBPR or a Florida attorney before acting.
NEW install — deck or structure ATTACHED to a residence
Licensed contractor required
Residential or Building Contractor likely required.
A NEW deck attached to a residence — particularly one that becomes part of the residential structural envelope (load attachment, footings, framing) — substantially corresponds to the Residential Contractor scope. A separate building permit is also required. If the deck is detached and free-standing on a separate foundation, see "fence (freestanding)" instead.
Statutory citation:§489.105(3)(b)–(c) — Building/Residential Contractor. §489.113(3)(a) — structural-member responsibility.
General information about this type of work; your specific situation may differ. Confirm with DBPR or a Florida attorney before acting.
Law last reviewed: June 14, 2026, against the 2025 Florida Statutes. This is general legal information, not legal advice.
Some versions of this are ours — some aren't.
Part of this work can be license-exempt (handyman / painting / flooring) — exactly what 1st Integrity does. The parts that touch a licensed trade are outside what we do; for those you'd engage a Florida-licensed contractor directly and verify their license. We'll always tell you which side a job falls on.
Doing the work yourself? Operating lawfully in this scope
- Registered Florida entity (LLC, corp, or fictitious name via sunbiz.org).
- Local business tax receipt — a tax registration, not a license.
- General liability insurance appropriate to the scope.
- Workers' compensation if you have employees (or a §440.05 exemption).
- Never advertise a state contractor license you don't hold — §489.127 makes that independently actionable.
With those in place and only preempted-scope work, you're operating lawfully without a state contractor license — insured and operating under statutory preemption, not "licensed." Advertise accordingly.
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Common questions
What is Florida HB 735?
HB 735 (2021) began preempting local occupational licensing for many job scopes. It's codified mainly at §163.211 and §489.117(4)(a). Follow-up laws extended it, and the changes fully took effect in July 2025.
How do I check if a Florida contractor is licensed?
Search the name or license number at myfloridalicense.com, confirm it's active and in the right category, and request insurance certificates directly from the carrier.
Is a business tax receipt the same as a contractor license?
No. A business tax receipt is a local tax registration. It is not a contractor's license and does not authorize licensed-trade work (§489.127).