HB 1611

CS

CHAMBER ACTION

1	The Committee on Business Regulation recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to apprenticeship; amending ss. 446.032
7	and 446.041, F.S.; providing additional duties of the
8	Division of Workforce Development of the Department of
9	Education with respect to apprenticeship training and the
10	apprenticeship program; amending s. 446.051, F.S.;
11	providing for coordination of training with the Department
12	of Business and Professional Regulation for practitioners
13	regulated under such department; amending ss. 446.071 and
14	446.092, F.S.; providing additional consideration with
15	respect to sponsorship and criteria for professions
16	licensed by the Department of Business and Professional
17	Regulation; creating s. 455.2126, F.S.; providing
18	authority of regulatory boards or the Department of
19	Business and Professional Regulation with respect to
20	apprenticeship programs; amending s. 476.194, F.S.;
21	prohibiting certain acts relating to the practice of
22	barbering by or involving an apprentice; providing
23	penalties; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Subsection (4) is added to section 446.032,
28	Florida Statutes, to read:
29	446.032  General duties of division with respect to
30	apprenticeship training.--The Division of Workforce Development
31	shall:
32	(4)  Accept services and activities offered by other
33	agencies in support of the intent specified in s. 446.011.
34	Section 2.  Subsections (8) through (12) of section
35	446.041, Florida Statutes, are renumbered as subsections (9)
36	through (13), respectively, and a new subsection (8) is added to
37	said section to read:
38	446.041  Apprenticeship program, duties of division.--The
39	Division of Workforce Development shall:
40	(8)  Consult and cooperate with agencies that license
41	apprenticeable professions.
42	Section 3.  Subsection (3) is added to section 446.051,
43	Florida Statutes, to read:
44	446.051  Related instruction for apprentices.--
45	(3)  Training should be combined with properly coordinated
46	studies of related technical subjects, supplementary subjects,
47	and other criteria or qualifications for licensure as a
48	practitioner of a regulated profession adopted by the
49	appropriate regulatory board for a profession under the
50	jurisdiction of the Department of Business and Professional
51	Regulation.
52	Section 4.  Subsections (1) and (3) of section 446.071,
53	Florida Statutes, are amended to read:
54	446.071  Apprenticeship sponsors.--
55	(1)  One or more local apprenticeship sponsors shall be
56	approved in any trade or group of trades, or in any profession
57	licensed by the Department of Business and Professional
58	Regulation, by the Division of Workforce Development of the
59	Department of Education, upon a determination of need, provided
60	the apprenticeship sponsor meets all of the standards
61	established by the division. "Need" refers to the need of state
62	residents for apprenticeship training. In the absence of proof
63	to the contrary, it shall be presumed that there is need for
64	apprenticeship and preapprenticeship training in each county in
65	this state.
66	(3)  The division has authority to grant a variance from
67	the standards upon a showing of good cause for such variance by
68	program sponsors in nonconstruction trades or professions
69	licensed by the Department of Business and Professional
70	Regulation. The purpose of this provision is to recognize the
71	unique and varying training requirements in nontraditional
72	apprenticeable occupations and to authorize the division and
73	bureau to adapt the standards to the needs of such programs.
74	Section 5.  Section 446.092, Florida Statutes, is amended
75	to read:
76	446.092  Criteria for apprenticeship occupations.--An
77	apprenticeable occupation is a skilled trade or profession
78	licensed by the Department of Business and Professional
79	Regulation which possesses all of the following characteristics:
80	(1)  It is customarily learned in a practical way through a
81	structured, systematic program of on-the-job, supervised
82	training.
83	(2)  It is commonly recognized throughout the industry or
84	recognized with a positive view towards changing technology.
85	(3)  It involves manual, mechanical, or technical skills
86	and knowledge which require a minimum of 2,000 hours of work and
87	training, which hours are excluded from the time spent at
88	related instruction.
89	(4)  It requires related instruction to supplement on-the-
90	job training. Such instruction may be given in a classroom or
91	through correspondence courses.
92	(5)  It involves the development of skill sufficiently
93	broad to be applicable in like occupations throughout an
94	industry, rather than of restricted application to the products
95	or services of any one company.
96	(6)  It does not fall into any of the following categories:
97	(a)  Selling, retailing, or similar occupations in the
98	distributive field.
99	(b)  Managerial occupations.
100	(c)  Professional and scientific vocations for which
101	entrance requirements customarily require an academic degree.
102	Section 6.  Section 455.2126, Florida Statutes, is created
103	to read:
104	455.2126  Apprenticeship program; duties of a board or the
105	department.--In order to support and assist the development and
106	operations of a registered apprenticeship program and the
107	training of registered apprentices, the board, or the department
108	where there is no board, shall support the intent of the
109	Legislature, as specified in s. 446.011, and is authorized to:
110	(1)  Encourage registered apprenticeship programs.
111	(2)  Support registered apprentices as necessary to
112	encourage achievement of goals and objectives.
113	(3)  Cooperate with and assist the Division of Workforce
114	Development in the creation of apprenticeship standards and
115	training requirements.
116	(4)  Monitor registered apprenticeship programs to the
117	degree the board, or the department where there is no board, may
118	help to ensure they are being operated in compliance with
119	applicable requirements under the appropriate practice act of
120	the profession licensed by the department.
121	Section 7.  Section 476.194, Florida Statutes, is amended
122	to read:
123	476.194  Prohibited acts.--
124	(1)  It is unlawful for any person to:
125	(a)  Engage in the practice of barbering without an active
126	license as a barber issued pursuant to the provisions of this
127	act by the department or registration as an apprentice pursuant
128	to chapter 446.
129	(b)  Engage in willful or repeated violations of this act
130	or of any of the rules adopted by the board.
131	(c)  Hire or employ any person to engage in the practice of
132	barbering unless such person holds a valid license as a barber
133	or a registration as an apprentice.
134	(d)  Obtain or attempt to obtain a license for money other
135	than the required fee or any other thing of value or by
136	fraudulent misrepresentations.
137	(e)  Own, operate, maintain, open, establish, conduct, or
138	have charge of, either alone or with another person or persons,
139	a barbershop:
140	1.  Which is not licensed under the provisions of this
141	chapter; or
142	2.  In which a person not licensed as a barber or
143	registered as an apprentice is permitted to perform services.
144	(f)  Use or attempt to use a license to practice barbering
145	when said license is suspended or revoked.
146	(2)  Any person who violates any provision of this section
147	commits is guilty of a misdemeanor of the second degree,
148	punishable as provided in s. 775.082 or s. 775.083.
149	Section 8.  This act shall take effect October 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.