I believe that licensing exists, in theory, to prevent incompetents from sullying the reputation of an industry or causing real harm. in practice, it can end up being a way for governments to raise some more revenue and for existing businesses to limit the number of players in their game. licensing is also good for trade schools that offer required courses. the theoretical justifications may be sound.
licensing is always about limiting competition and raising money. Look at all those licensed drivers that try to kill you everyday. Try to open a liquor store or grow tobacco.
It's legal to grow small amounts of tobacco for personal use.
"1. What are the basic requirements for me to become a Registered Landscape Architect?
To acquire a license to practice Landscape Architecture in Florida you must have a degree in Landscape Architecture and pass sections A through E of the Landscape Architectural Registration Examination (LARE). You will also be required to take the Florida laws and rules examination. One year of practical experience in landscape architectural work is also required. Please check the Council of Landscape Architectural Registration Boards (CLARB) website at www.clarb.org for examination information and application deadline dates.
2. I have a four year degree that is not in Landscape Architecture and I have six years
experience in Landscape architecture work. Can I still apply to take the exam and
acquire a license?
An individual who has six years or more experience can apply and submit plans and samples of projects they have worked on for the board to review and make a determination.
My note: How would that happen if you could not do landscape architecture work without a landscape architecture license?
15. Do I need a certificate of authorization to do landscaping or landscape design?
No, you do not need a license to do landscaping or landscape design. You may want to check
with your city and county for any licensing requirements they may have.
16. Do I need a certificate of authorization to start a lawn service?
No, you do not need a license to start a lawn service. You may want to check with your city and county for any licensing requirements they may have.
17. Do I need a Landscape Architecture license to design golf courses?
No, you do not need a license to design golf courses. You may want to check with your city and county for any licensing requirements they may have."
"5641. Chapter Exceptions, Exemptions
This chapter shall not be deemed to prohibit any person from preparing drawings for the conceptual design and placement of tangible objects and landscape features or plans, drawings, and specifications for the selection, placement, or use of plants for a single family dwelling. Construction documents, details, or specifications for the tangible objects or landscape features, and alteration of site requiring grading and drainage plans shall be prepared by a licensed professional as required by law."
"An applicant for certification as a landscape architect shall hold a bachelor�s or higher degree in an accredited landscape architecture curriculum from a college or university and have engaged in practical landscape architectural work for four (4) years after completion of the educational requirement and has successfully complete within five years of application an examination on landscape architecture issues specific to New Jersey and successfully complete within five years of application the Landscape Architect Registration Examination (LARE)."
"Practice of landscape architecture" means any service in
which the principles and methodology of landscape
architecture are applied in consultation, evaluation and
planning. induding the preparation and filing of sketches,
drawings, plans and specifications, and responsible
administration of contracts relative to projects principally
directed at the functional and aesthetic use of land. Nothing
contained in this section shall be construed to restrict or
otherwise affect the right of any person or corporation to
engage in the practice of landscape architecture, but no
person shall hold himself or herself out as, or use the title
'''landscape architect" or other similar nomenclature as
provided by N.J.A.C. 13:27-8.20, unless he or she has been
certified by the Board as a landscape architect.
LICENSE, contracts. A right given by some competent authority to do an act,
which without such authority would be illegal. The instrument or writing
which secures this right, is also called a license. Vide Ayl. Parerg, 353;
15 Vin. Ab. 92; Ang. Wat. Co. 61, 85.
2. A license is express or implied. An express license is one which in
direct terms authorizes the performance of a certain act; as a license to
keep a tavern given by public authority.
3. An implied license is one which though not expressly given, may be
presumed from the acts of the party having a right to give it. The following
are examples of such licenses: 1. When a man knocks at another's door, and
it is opened, the act of opening the door licenses the former to enter the
house for any lawful purpose. See Hob. 62. A servant is, in consequence of
his employment, licensed to admit to the house, those who come on his
master's business, but only such persons. Selw. N. P. 999; Cro. Eliz. 246.
It may, however, be inferred from circumstances that the servant has
authority to invite whom he pleases to the house, for lawful purposes. See 2
Greenl. Ev. Sec. 427; Entry.
4. A license is either a bare authority, without interest, or it is
coupled with an interest. 1. A bare license must be executed by the party to
whom it is given in person, and cannot be made over or assigned by him to
another; and, being without consideration, may be revoked at pleasure, as
long as it remains executory; 39 Hen. VI. M. 12, page 7; but when carried
into effect, either partially or altogether, it can only be rescinded, if in
its nature it will admit of revocation, by placing the other side in the
same situation in which he stood before he entered on its execution. 8 East,
R. 308; Palm. 71; S. C. Poph. 151; S. C. 2 Roll. Rep. 143, 152.
5.-2. When the license is coupled with an interest the authority
conferred is not properly a mere permission, but amounts to a grant, which
cannot be revoked, and it may then be assigned to a third person. 5 Hen. V.,
M. 1, page 1; 2 Mod. 317; 7 Bing. 693; 8 East, 309; 5 B. & C. 221; 7 D. & R.
783; Crabb on R. P. Sec. 521 to 525; 14 S. & R 267; 4 S. & R. 241; 2 Eq.
Cas. Ab. 522. When the license is coupled with an interest, the formalities
essential to confer such interest should be observed. Say. R. 3; 6 East, R.
602; 8 East, R. 310, note. See 14 S. & R. 267; 4 S. & R. 241; 2 Eq. Cas. Ab.
522; 11 Ad. & El. 34, 39; S. C. 39 Eng, C. L. R. 19.
Storm V Spooner wrote:If you barter or trade in any fashion, the IRS considers that income for both parties, and demands a cut, despite the lack of any monetary profit.
As others have said, licenses are used A.) as a barrier to entry to protect profits of existing firms and B.) as a way to know where to send the tax bill.
I'm sure Massachusetts is among the worst states in terms of regulatory burden.
I'm not against licenses in general. Its just that a landscaping license angers me a bit because I see the poor work that so many landscapers in my area are doing and I'm thinking, "YOU went for 4 years of college and had 4 years of practical experience, and this is the best you can do?" (that's the New Jersey requirement). Yea, that sounds snotty. But, can't they do any better??
Jonathan Byron wrote:
I don't think that anyone can make the case that government action is inherently bad or inherently good.
christhamrin McCoy wrote:
the primary effect (some would say goal too) of occupational licensing is to enact barriers to entry which raises the wages of those with a license and lowers their competition. what reason is there for certification of interior designers and barbers or hairdressers? i think recommendations and portfolios for example are more effective means for the consumer to judge competency.
btw while also true of permaculture design license because it is not compulsory being certified actually says something about people who did the work.