SENATE AMENDMENT

    Bill No. CS for SB 2448

    Amendment No. 4

                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Governmental Oversight and Productivity

12  recommended the following amendment:

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14         Senate Amendment (with title amendment) 

15         On page 17, between lines 9 and 10,

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17  insert:

18         Section 19.  Section 455.2255, Florida Statutes, is

19  created to read:

20         455.2255  Classification of disciplinary actions.--

21         (1)  A licensee may petition the department to review a

22  disciplinary incident to determine whether the specific

23  violation meets the standard of a minor violation as set forth

24  in s. 455.225(3). If the circumstances of the violation meet

25  that standard and 2 years have passed since the issuance of a

26  final order imposing discipline, the department shall

27  reclassify that violation as inactive if the licensee has not

28  been disciplined for any subsequent minor violation of the

29  same nature. After the department has reclassified the

30  violation as inactive, it is no longer considered to be part

31  of the licensee's disciplinary record, and the licensee may

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2448

    Amendment No. 4





 1  lawfully deny or fail to acknowledge the incident as a

 2  disciplinary action. 

 3         (2)  The department may establish a schedule

 4  classifying violations according to the severity of the

 5  violation.  After the expiration of set periods of time, the

 6  department may provide for such disciplinary records to become

 7  inactive, according to their classification.  After the

 8  disciplinary record has become inactive, the department may

 9  clear the violation from the disciplinary record and the

10  subject person or business may lawfully deny or fail to

11  acknowledge such disciplinary actions. The department may

12  adopt rules to implement this subsection.

13         (3)  Notwithstanding s. 455.017, this section applies

14  to the disciplinary records of all persons or businesses

15  licensed by the department.

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17  (Redesignate subsequent sections.)

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20  ================ T I T L E   A M E N D M E N T ===============

21  And the title is amended as follows:

22         On page 3, line 10, after the semicolon

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24  insert:

25         creating s. 455.2255, F.S.; providing

26         legislative intent; providing for agencies to

27         classify disciplinary actions according to

28         severity; providing for the periodic clearing

29         of certain violations from the disciplinary

30         record; providing rulemaking authority;

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