Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. PCS (578002) for SB 1318
Ì238822+Î238822
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/28/2018 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Appropriations (Brandes) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 181 - 265
4 and insert:
5 (b) Except as provided in s. 435.07(4) and convictions
6 pursuant to chapter 812, a conviction for a crime more than 5
7 years before the date of the application may not be grounds for
8 denial of a license specified in paragraph (a). For purposes of
9 this paragraph, the term “conviction” means having been found
10 guilty, with or without adjudication of guilt, as a result of a
11 jury verdict, nonjury trial, or entry of a plea of guilty or
12 nolo contendere.
13 (c)1. A person may apply for a license before his or her
14 lawful release from confinement or supervision. The department
15 may not charge an applicant an additional fee for being confined
16 or under supervision. The board may not deny an application for
17 a license solely on the basis of the applicant’s current
18 confinement or supervision.
19 2. After a license application is approved, the board may
20 stay the issuance of a license until the applicant is lawfully
21 released from confinement or supervision and the applicant
22 notifies the board of such release. The board must verify the
23 applicant’s release with the Department of Corrections before it
24 issues a license.
25 3. If an applicant is unable to appear in person due to his
26 or her confinement or supervision, the board must permit the
27 applicant to appear by teleconference or video conference, as
28 appropriate, at any meeting of the board or other hearing by the
29 agency concerning his or her application.
30 4. If an applicant is confined or under supervision, the
31 Department of Corrections and the board shall cooperate and
32 coordinate to facilitate the appearance of the applicant at a
33 board meeting or agency hearing in person, by teleconference, or
34 by video conference, as appropriate.
35 (d) The board shall adopt rules specifying the crimes that,
36 if committed, and regardless of adjudication, relate to the
37 practice of the profession or the ability to practice the
38 profession and may constitute grounds for denial of a license.
39 Section 13. Present subsections (2) through (8) of section
40 464.203, Florida Statutes, are redesignated as subsections (3)
41 through (9), respectively, and a new subsection (2) is added to
42 that section, to read:
43 464.203 Certified nursing assistants; certification
44 requirement.—
45 (2)(a)1. Except as provided in s. 435.07(4), a conviction
46 for a crime more than 7 years before the date of the application
47 may not be grounds for denial of a certificate to practice as a
48 certified nursing assistant.
49 2. Except as provided in s. 435.07(4), a conviction for a
50 crime more than 7 years before the date of the application may
51 not be grounds for failure of a required background screening.
52 3. For purposes of this paragraph, the term “conviction”
53 means having been found guilty, with or without adjudication of
54 guilt, as a result of a jury verdict, nonjury trial, or entry of
55 a plea of guilty or nolo contendere.
56 (b)1. A person may apply for a certificate to practice as a
57 certified nursing assistant before his or her lawful release
58 from confinement or supervision. The department may not charge
59 an applicant an additional fee for being confined or under
60 supervision. The board may not deny an application for a
61 certificate solely on the basis of the person’s current
62 confinement or supervision.
63 2. After a certification application is approved, the board
64 may stay the issuance of a certificate until the applicant
65 notifies the board of his or her lawful release from confinement
66 or supervision. The board must verify the applicant’s release
67 with the Department of Corrections before it issues a license.
68 3. If an applicant is unable to appear in person due to his
69 or her confinement or supervision, the board must permit the
70 applicant to appear by teleconference or video conference, as
71 appropriate, at any meeting of the board or other hearing by the
72 agency concerning his or her application.
73 4. If an applicant is confined or under supervision, the
74 Department of Corrections and the board shall cooperate and
75 coordinate to facilitate the appearance of the applicant at a
76 board meeting or agency hearing in person, by teleconference, or
77 by video conference, as appropriate.
78 (c) The board shall adopt rules specifying the crimes that,
79 if committed, and regardless of adjudication, relate to the
80 practice of the profession or the ability to practice the
81 profession and may constitute grounds for denial of a
82 certification.
83
84 ================= T I T L E A M E N D M E N T ================
85 And the title is amended as follows:
86 Delete lines 25 - 46
87 and insert:
88 providing exceptions; defining the term “conviction”;
89 authorizing a person to apply for a license before his
90 or her lawful release from confinement or supervision;
91 prohibiting additional fees for an applicant confined
92 or under supervision; prohibiting the board from
93 basing a denial of a license application solely on the
94 applicant’s current confinement or supervision;
95 authorizing the board to stay the issuance of an
96 approved license under certain circumstances;
97 requiring the board to verify an applicant’s release
98 with the Department of Corrections; providing
99 requirements for the appearance of certain applicants
100 at certain meetings; requiring the board to adopt
101 rules specifying how certain crimes affect an
102 applicant’s eligibility for licensure; amending s.
103 464.203, F.S.; prohibiting the conviction of a crime
104 before a specified date from being grounds for the
105 denial of a certification under certain circumstances;
106 prohibiting the conviction of a crime before a
107 specified date from being grounds for the failure of a
108 background screening; providing exceptions; defining
109 the term “conviction”;