Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1114
       
       
       
       
       
       
                                Ì459104ÅÎ459104                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  01/24/2018           .                                
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       The Committee on Regulated Industries (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 72 - 254
    4  and insert:
    5  certificate issued by the agency. The petition may include
    6  mitigating factors or other information the petitioner believes
    7  relevant to establish the petitioner’s eligibility, including,
    8  but not limited to, the time elapsed since completion of or
    9  lawful release from confinement, supervision, or nonmonetary
   10  condition imposed by the court for a disqualifying offense, and
   11  the petitioner’s standing in his or her community. A person may
   12  seek a declaratory statement under this subsection before
   13  attaining any education, training, experience, or other
   14  prerequisites for the license, registration, or certification.
   15         (b) The agency may not determine that a petitioner’s
   16  criminal background makes him or her ineligible for a specific
   17  occupational or professional license, registration, or
   18  certificate unless:
   19         1. The petitioner has been convicted of a felony or a
   20  violent misdemeanor; and
   21         2. The agency determines by clear and convincing evidence
   22  that such offense is substantially related to the state’s
   23  interest of protecting the public health and safety and that
   24  granting the license would place the petitioner in a position
   25  where the petitioner is likely to harm consumers.
   26         (c) The agency’s conclusion in the declaratory statement
   27  must indicate whether:
   28         1. The petitioner is disqualified from obtaining the
   29  license, registration, or certification due to the petitioner’s
   30  criminal background, regardless of the petitioner’s education,
   31  training, experience, or other prerequisites required for the
   32  license, registration, or certification.
   33         2. The petitioner is not eligible for a specified
   34  occupational or professional license, registration, or
   35  certification because of his or her criminal background, but
   36  that the conclusion may be reversed upon the petitioner’s
   37  presentation of evidence of rehabilitation or mitigation
   38  identified by the agency in the declaratory statement at any
   39  time subsequent to the issuance of the declaratory statement.
   40         3. Federal laws or regulations may impede the petitioner’s
   41  licensure, registration, or certification in the profession or
   42  occupation.
   43         4. Conditions or restrictions imposed by the court on the
   44  petitioner for a disqualifying offense may impede the
   45  petitioner’s licensure, registration, or certification in the
   46  profession or occupation.
   47         (d) The agency’s conclusion in the declaratory statement
   48  shall be binding on the agency as to the petitioner, unless the
   49  petitioner’s subsequent criminal history constitutes an
   50  independent basis for denial of the petitioner’s application for
   51  a license, registration, or certification in the profession or
   52  occupation. The agency’s conclusion is subject to judicial
   53  review pursuant to s. 120.68.
   54         (e) A person seeking a declaratory statement under this
   55  subsection must submit to the agency, in addition to the
   56  petition for a declaratory statement:
   57         1. A fee set by the agency not to exceed $100;
   58         2. A certified copy of each criminal judgment rendered
   59  against the petitioner; and
   60         3. A complete set of electronic fingerprints.
   61         (f) The agency shall submit the fingerprints to the
   62  Department of Law Enforcement for a state criminal history
   63  record check and the Department of Law Enforcement shall forward
   64  them to the Federal Bureau of Investigation for a national
   65  criminal history record check. The agency shall review the
   66  criminal history record results to determine if the petitioner
   67  meets licensure, registration, or certification requirements.
   68  The petitioner shall pay the actual cost of state and federal
   69  processing in addition to the fee in subparagraph (e)1.
   70         Section 2. Present subsections (3) through (12) of section
   71  455.213, Florida Statutes, are redesignated as subsections (4)
   72  through (13), respectively, subsection (2) of that section is
   73  amended, and a new subsection (3) is added to that section, to
   74  read:
   75         455.213 General licensing provisions.—
   76         (2) Before the issuance of any license, the department may
   77  charge an initial license fee as determined by rule of the
   78  applicable board or, if no such board exists, by rule of the
   79  department. Upon receipt of the appropriate license fee, except
   80  as provided in subsection (4) (3), the department shall issue a
   81  license to any person certified by the appropriate board, or its
   82  designee, or the department when there is no board, as having
   83  met the applicable requirements imposed by law or rule. However,
   84  an applicant who is not otherwise qualified for licensure is not
   85  entitled to licensure solely based on a passing score on a
   86  required examination. Upon a determination by the department
   87  that it erroneously issued a license, or upon the revocation of
   88  a license by the applicable board, or by the department when
   89  there is no board, the licensee must surrender his or her
   90  license to the department.
   91         (3)(a) Notwithstanding any other provision of law, the
   92  board shall use the process in this subsection for review of an
   93  applicant’s criminal record to determine his or her eligibility
   94  for licensure as a:
   95         1. Barber under chapter 476;
   96         2. Cosmetologist or cosmetology specialist under chapter
   97  477; or
   98         3. Any of the following construction professions under
   99  chapter 489:
  100         a. Air-conditioning contractor;
  101         b.Electrical contractor;
  102         c. Mechanical contractor;
  103         d. Plumbing contractor;
  104         e. Pollutant storage systems contractor;
  105         f. Roofing contractor;
  106         g. Septic tank contractor;
  107         h. Sheet metal contractor;
  108         i. Solar contractor;
  109         j. Swimming pool and spa contractor;
  110         k. Underground utility and excavation contractor; and
  111         l. Other specialty contractors.
  112         (b) The board may not find an applicant ineligible for a
  113  license based on his or her criminal background unless:
  114         1. The applicant has been convicted of a felony or a
  115  violent misdemeanor; and
  116         2. The board determines by clear and convincing evidence
  117  that such offense is substantially related to the state’s
  118  interest of protecting the public health and safety.
  119         (c)1. A person may apply for a license before his or her
  120  lawful release from confinement or supervision. The department
  121  may not charge an applicant an additional fee for being confined
  122  or under supervision. The board may not deny an application for
  123  a license solely on the basis of the applicant’s current
  124  confinement or supervision.
  125         2. After a license application is approved, the board may
  126  stay the issuance of a license until the applicant is lawfully
  127  released from confinement or supervision and the applicant
  128  notifies the board of such release. The board must verify the
  129  applicant’s release with the Department of Corrections before it
  130  issues a license.
  131         3. If an applicant is unable to appear in person due to his
  132  or her confinement or supervision, the board must permit the
  133  applicant to appear by teleconference or video conference, as
  134  appropriate, at any meeting of the board or other hearing by the
  135  agency concerning his or her application.
  136         4. If an applicant is confined or under supervision, the
  137  Department of Corrections and the board shall cooperate and
  138  coordinate to facilitate the appearance of the applicant at a
  139  board meeting or agency hearing in person, by teleconference, or
  140  by video conference, as appropriate.
  141         Section 3. Present subsections (2) through (8) of section
  142  464.203, Florida Statutes, are redesignated as subsections (3)
  143  through (9), respectively, and a new subsection (2) is added to
  144  that section, to read:
  145         464.203 Certified nursing assistants; certification
  146  requirement.—
  147         (2)(a)1. Except as provided in s. 435.07(4), the board may
  148  not deny a person a certificate based on his or her criminal
  149  background unless:
  150         a. The person has been convicted of a felony or a violent
  151  misdemeanor; and
  152         b. The board determines by clear and convincing evidence
  153  that such offense is substantially related to the state’s
  154  interest of protecting the public health and safety.
  155         (b)1. A person may apply for a certificate to practice as a
  156  certified nursing assistant before his or her lawful release
  157  from confinement or supervision. The department may not charge
  158  an applicant an additional fee for being confined or under
  159  supervision. The board may not deny an application for a
  160  certificate solely on the basis of the person’s current
  161  confinement or supervision.
  162         2.After a certification application is approved, the board
  163  may stay the issuance of a certificate until the applicant
  164  notifies the board of his or her lawful release from confinement
  165  or supervision. The board must verify the applicant’s release
  166  with the Department of Corrections before it issues a license.
  167         3. If an applicant is unable to appear in person due to his
  168  or her confinement or supervision, the board must permit the
  169  applicant to appear by teleconference or video conference, as
  170  appropriate, at any meeting of the board or other hearing by the
  171  agency concerning his or her application.
  172         4. If an applicant is confined or under supervision, the
  173  Department of Corrections and the board shall cooperate and
  174  coordinate to facilitate the appearance of the applicant at a
  175  board meeting or agency hearing in person, by teleconference, or
  176  by video conference, as appropriate.
  177  
  178  ================= T I T L E  A M E N D M E N T ================
  179  And the title is amended as follows:
  180         Delete lines 10 - 60
  181  and insert:
  182         prohibiting an agency from determining that a
  183         petitioner’s criminal background makes him or her
  184         ineligible for a specific occupational or professional
  185         license, registration, or certificate unless certain
  186         conditions are met; requiring that an agency’s
  187         conclusion in the declaratory statement contain
  188         certain statements; providing that the agency’s
  189         conclusion is binding except under certain
  190         circumstances; requiring a person seeking a
  191         declaratory statement to submit certain items to the
  192         agency and pay certain fees and costs; providing
  193         requirements for the processing of the fingerprints;
  194         requiring the petitioner to pay the actual cost of
  195         processing the fingerprints; amending s. 455.213,
  196         F.S.; conforming a cross-reference; requiring the
  197         board to use a specified process for the review of an
  198         applicant’s criminal record to determine the
  199         applicant’s eligibility for certain licenses;
  200         prohibiting the board from finding an applicant
  201         ineligible for a license based on his or her criminal
  202         background unless certain conditions are met;
  203         authorizing a person to apply for a license before his
  204         or her lawful release from confinement or supervision;
  205         prohibiting additional fees for an applicant confined
  206         or under supervision; prohibiting the board from
  207         basing a denial of a license application solely on the
  208         applicant’s current confinement or supervision;
  209         authorizing the board to stay the issuance of an
  210         approved license under certain circumstances;
  211         requiring the board to verify an applicant’s release
  212         with the Department of Corrections; providing
  213         requirements for the appearance of certain applicants
  214         at certain meetings; amending s. 464.203, F.S.;
  215         prohibiting the board from denying a person a
  216         certificate based on his or her criminal background
  217         unless certain conditions are met; authorizing a
  218         person to apply for certification before his or her
  219         lawful release from confinement or supervision;
  220         prohibiting additional fees for an applicant confined
  221         or under supervision; prohibiting the board from
  222         basing the denial of a certification solely on the
  223         applicant’s current confinement or supervision;
  224         authorizing the board to stay the issuance of an
  225         approved certificate under certain circumstances;
  226         requiring the board to verify an applicant’s release
  227         with the Department of Corrections; providing
  228         requirements for the appearance of certain applicants
  229         at certain meetings; amending s. 400.211, F.S.;
  230         conforming a