Florida Senate - 2023 CS for SB 1364
By the Committee on Regulated Industries; and Senators Collins,
Burgess, and Calatayud
580-02865-23 20231364c1
1 A bill to be entitled
2 An act relating to the Interstate-Mobility and
3 Universal-Recognition Occupational Licensing Act;
4 creating s. 455.2135, F.S.; providing a short title;
5 defining terms; requiring certain agencies, boards,
6 departments, and other governmental entities to issue
7 an occupational license or a government certification
8 to applicants under certain circumstances; authorizing
9 such entities to require an applicant to pass a
10 specified examination under certain circumstances;
11 requiring such entities to require certain applicants
12 to complete a specified examination and certain
13 education requirements; providing a presumption that
14 the applications of certain individuals will be
15 approved; requiring licensing entities to provide a
16 written decision to an applicant within a specified
17 timeframe; authorizing an applicant to appeal a
18 decision made under the act; specifying that an
19 applicant licensed or certified under the act is still
20 subject to specified laws and entities; providing
21 exceptions; providing construction; authorizing the
22 Governor to take certain actions relating to
23 occupational licenses during declared states of
24 emergency; requiring licensing entities to submit an
25 annual report to the Legislature by a specified date;
26 requiring the Department of Business and Professional
27 Regulation and the Department of Health to adopt
28 rules; creating s. 456.0365, F.S.; providing
29 applicability; providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Section 455.2135, Florida Statutes, is created
34 to read:
35 455.2135 Interstate-Mobility and Universal-Recognition
36 Occupational Licensing Act.—
37 (1) SHORT TITLE.—This section may be cited as the
38 “Interstate-Mobility and Universal-Recognition Occupational
39 Licensing Act.”
40 (2) DEFINITIONS.—As used in this section, the term:
41 (a) “Board” means an agency, a board, a department, or
42 another governmental entity that regulates a lawful occupation
43 under this chapter or chapter 456 and issues an occupational
44 license or a government certification to an individual. The term
45 does not include any board that regulates an occupation listed
46 under subsection (10).
47 (b) “Government certification” means a voluntary,
48 government-granted, and nontransferable recognition granted to
49 an individual who meets personal qualifications related to a
50 lawful occupation. The term includes a military certification
51 for a lawful occupation.
52 (c) “Lawful occupation” means a course of conduct, pursuit,
53 or profession that includes the lawful sale of goods or
54 services, regardless of whether the individual selling them is
55 subject to an occupational license.
56 (d) “Military” means the Armed Forces of the United States,
57 including the Air Force, Army, Coast Guard, Marine Corps, Navy,
58 Space Force, National Guard, and all reserve components and
59 auxiliaries. The term also includes the military reserves and
60 militia of any United States territory or state.
61 (e) “Occupational license” means a nontransferable
62 authorization in law for an individual to perform a lawful
63 occupation based on meeting personal qualifications. The term
64 includes a military occupational specialty.
65 (f) “Other licensing entity” or “another licensing entity”
66 means any United States territory, state other than this state,
67 private certification organization, foreign province, foreign
68 country, international organization, or other entity that issues
69 occupational licenses or government certifications. The term
70 includes the military.
71 (g) “Private certification” means a voluntary program in
72 which a private organization grants nontransferable recognition
73 to an individual who meets personal qualifications and standards
74 relevant to performing the occupation, as determined by the
75 private organization.
76 (h) “Scope of practice” means the procedures, actions,
77 processes, and work that an individual may perform under an
78 occupational license or a government certification issued in
79 this state.
80 (3) OCCUPATIONAL LICENSE OR GOVERNMENT CERTIFICATION.—
81 (a) Notwithstanding any other law, a board must issue an
82 occupational license or a government certification to an
83 applicant for such license or certification if all of the
84 following apply:
85 1. The applicant holds a current and valid occupational
86 license or government certification issued by another licensing
87 entity in a lawful occupation with a similar scope of practice,
88 as determined by a board in this state.
89 2. The applicant has held the occupational license or
90 government certification issued by another licensing entity for
91 at least 1 year.
92 3. A board for the other licensing entity required the
93 applicant to pass an examination or meet education, training, or
94 experience standards.
95 4. A board for the other licensing entity holds the
96 applicant in good standing.
97 5. The applicant does not have a disqualifying criminal
98 record as determined by a board in this state.
99 6. A board for another licensing entity has not revoked the
100 applicant’s occupational license or government certification
101 because of negligence or intentional misconduct related to the
102 applicant’s work in the occupation.
103 7. The applicant did not surrender an occupational license
104 or a government certification, or have such license or
105 certification revoked, because of negligence or intentional
106 misconduct related to the applicant’s work in the occupation
107 outside of this state or in the military.
108 8. The applicant does not have a complaint, an allegation,
109 or an investigation formally pending before a board for another
110 licensing entity which relates to unprofessional conduct or an
111 alleged crime. If the applicant has such a complaint,
112 allegation, or investigation pending, a board may not issue or
113 deny an occupational license or a government certification to
114 the applicant until the complaint, allegation, or investigation
115 is resolved or the applicant otherwise meets the criteria for an
116 occupational license or a government certification in this state
117 to the satisfaction of a board in this state.
118 9. The applicant pays all applicable fees in this state.
119 (b) If another licensing entity issued the applicant a
120 government certification but an occupational license is required
121 in this state to perform a lawful occupation, the applicable
122 board must issue an occupational license to the applicant if the
123 applicant otherwise satisfies paragraph (a).
124 (4) WORK EXPERIENCE.—Notwithstanding any other law, a board
125 must issue an occupational license or a government certification
126 to an applicant for such license or certification based on work
127 experience outside of this state or in the military if all of
128 the following apply:
129 (a) The applicant worked in a state that does not issue an
130 occupational license or a government certification to regulate a
131 lawful occupation or was a member of the military, but this
132 state issues an occupational license or a government
133 certification to regulate a lawful occupation with a similar
134 scope of practice, as determined by the board.
135 (b) The applicant worked for at least 3 years in the lawful
136 occupation.
137 (c) The applicant satisfies subparagraphs (3)(a)5.-9.
138 (5) PRIVATE CERTIFICATION.—Notwithstanding any other law, a
139 board must issue an occupational license or a government
140 certification to an applicant for such license or certification
141 based on the applicant holding a private certification and the
142 applicant’s work experience outside of this state or in the
143 military if all of the following apply:
144 (a) The applicant holds a private certification and worked
145 in a state that does not issue an occupational license or a
146 government certification to regulate a lawful occupation or was
147 a member of the military, but an occupational license is
148 required in this state for such lawful occupation, as determined
149 by the board.
150 (b) The applicant worked for at least 2 years in the lawful
151 occupation.
152 (c) The applicant holds a current and valid private
153 certification in the lawful occupation.
154 (d) The private certification organization holds the
155 applicant in good standing.
156 (e) The applicant satisfies subparagraphs (3)(a)5.-9.
157 (6) REQUIRED EXAMINATIONS AND EDUCATION.—
158 (a) A board may require an applicant to pass an examination
159 specific to relevant state laws that regulate the occupation if
160 an occupational license or a government certification under this
161 chapter or chapter 456 requires such examination.
162 (b) In addition to the examination described in paragraph
163 (a), a board must require an applicant seeking to be licensed as
164 a general contractor, building contractor, residential
165 contractor, roofing contractor, specialty structure contractor,
166 or glass and glazing contractor to:
167 1. Successfully complete the examination for licensure
168 described in s. 489.113(1); and
169 2. Before being issued a certificate or registration,
170 successfully complete the following continuing education
171 courses, either in person or online:
172 a. The number of required hours, as determined by the
173 Construction Industry Licensing Board, relating to laws and
174 rules related to the construction industry in chapter 455 and
175 part 1 of chapter 489 and the rules of the Construction Industry
176 Licensing Board, and relating to wind mitigation methodology and
177 techniques incorporated in the Florida Building Code; and
178 b. For applicants seeking to be licensed as a general
179 contractor, building contractor, residential contractor, or
180 roofing contractor, a 2-hour course on the Florida Building Code
181 which includes information on wind mitigation techniques.
182 (7) PRESUMPTION OF APPROVAL; DECISION.—Unless a board can
183 demonstrate a substantial difference between the licensure or
184 certification requirements of another licensing entity and this
185 state, there is a presumption that an applicant who holds a
186 valid occupational license, government certification, or private
187 certification, or otherwise meets the requirements to be issued
188 an occupational license for a lawful occupation, and is in good
189 standing with another licensing entity is qualified for an
190 occupational license or a government certification in this state
191 and must be approved by the board. A board shall provide an
192 applicant with a written decision regarding his or her
193 application within 90 days after receipt of a completed
194 application.
195 (8) APPEAL.—
196 (a) The applicant may appeal the board’s decision to the
197 Division of Administrative Hearings.
198 (b) The applicant may appeal the board’s:
199 1. Denial of an occupational license or a government
200 certification;
201 2. Determination of the validity of an occupational license
202 or a government certification;
203 3. Determination of the similarity of the scope of practice
204 of the occupational license or government certification held by
205 the applicant; or
206 4. Determination of a disqualifying criminal record.
207 (9) STATE LAWS AND JURISDICTION.—An applicant who obtains
208 an occupational license or a government certification pursuant
209 to this section is subject to:
210 (a) The laws regulating the occupation in this state; and
211 (b) The jurisdiction of the applicable board in this state.
212 (10) EXCEPTION.—This section does not apply to an
213 occupation regulated by the Florida Supreme Court or any
214 occupation regulated under chapter 473, relating to public
215 accountancy.
216 (11) CONSTRUCTION.—
217 (a) This section may not be construed to prohibit an
218 individual from applying for an occupational license or a
219 government certification under another law or rule.
220 (b) An occupational license or a government certification
221 issued pursuant to this section is valid only in this state.
222 Such license or certification does not make the individual
223 eligible to work outside this state under an interstate compact
224 or a reciprocity agreement unless otherwise provided in law.
225 (c) This section may not be construed to prevent this state
226 from entering into a licensing compact or reciprocity agreement
227 with another state, United States territory, foreign province,
228 foreign country, international organization, or other entity.
229 (d) This section may not be construed to prevent boards in
230 this state from recognizing occupational licenses or government
231 certifications issued by a private certification organization,
232 foreign province, foreign country, international organization,
233 or other entity.
234 (e) This section may not be construed to require a private
235 certification organization to grant or deny private
236 certification to any individual.
237 (12) EMERGENCY POWERS.—
238 (a) During a state of emergency declared by the Governor,
239 the Governor may order the recognition of occupational licenses
240 from other licensing entities.
241 (b) The Governor may expand any occupational license’s
242 scope of practice and may authorize licensees to provide
243 services in this state in person, telephonically, or by other
244 means for the duration of the emergency.
245 (13) ANNUAL REPORT.—Each board shall submit an annual
246 report to the President of the Senate and the Speaker of the
247 House of Representatives by December 31 of each year, detailing
248 the number of licenses or certifications issued pursuant to this
249 section, the number of completed applications submitted pursuant
250 to this section which were denied, and the reason for each
251 denial.
252 (14) RULEMAKING.—The Department of Business and
253 Professional Regulation and the Department of Health, for the
254 boards under their jurisdiction, shall adopt rules to administer
255 this section.
256 Section 2. Section 456.0365, Florida Statutes, is created
257 to read:
258 456.0365 Applicability of the Interstate-Mobility and
259 Universal-Recognition Occupational Licensing Act.—Except as
260 provided in s. 455.2135(10), s. 455.2135 applies to professions
261 regulated by the department under this chapter.
262 Section 3. This act shall take effect July 1, 2023.