Florida Senate - 2019 SENATOR AMENDMENT Bill No. CS for CS for SB 642 Ì463990?Î463990 LEGISLATIVE ACTION Senate . House . . . Floor: NC/2R . 05/01/2019 04:34 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Rodriguez moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 1553 - 1558 4 and insert: 5 Section 21. Subsection (8) is added to section 476.144, 6 Florida Statutes, to read: 7 476.144 Licensure.— 8 (8) A person who has had his or her voting rights restored 9 pursuant to s. 4, Art. VI of the State Constitution upon 10 completion of all terms of sentence for a felony conviction for 11 an offense other than murder or a felony sexual offense is 12 eligible for licensure so long as he or she meets all other 13 requirements established under this section. 14 Section 22. Subsection (2) of section 477.019, Florida 15 Statutes, is amended to read: 16 477.019 Cosmetologists; qualifications; licensure; 17 supervised practice; license renewal; endorsement; continuing 18 education.— 19 (2) An applicant isshall beeligible for licensure by 20 examination to practice cosmetology if the applicant: 21 (a) Is at least 16 years of age or has received a high 22 school diploma; 23 (b) Pays the required application fee, which is not 24 refundable, and the required examination fee, which is 25 refundable if the applicant is determined to not be eligible for 26 licensure for any reason other than failure to successfully 27 complete the licensure examination; and 28 (c)1. Is authorized to practice cosmetology in another 29 state or country, has been so authorized for at least 1 year, 30 and does not qualify for licensure by endorsement as provided 31 for in subsection (5); or 32 2. Has received a minimum of 1,200 hours of training as 33 established by the board, which shall include, but shall not be 34 limited to, the equivalent of completion of services directly 35 related to the practice of cosmetology at one of the following: 36 a. A school of cosmetology licensed pursuant to chapter 37 1005. 38 b. A cosmetology program within the public school system. 39 c. The Cosmetology Division of the Florida School for the 40 Deaf and the Blind, provided the division meets the standards of 41 this chapter. 42 d. A government-operated cosmetology program in this state. 43 44 The board shall establish by rule procedures whereby the school 45 or program may certify that a person is qualified to take the 46 required examination after the completion of a minimum of 1,000 47 actual school hours. If the person then passes the examination, 48 he or she shall have satisfied this requirement; but if the 49 person fails the examination, he or she shall not be qualified 50 to take the examination again until the completion of the full 51 requirements provided by this section. A person who has had his 52 or her voting rights restored pursuant to s. 4, Art. VI of the 53 State Constitution upon completion of all terms of sentence for 54 a felony conviction for an offense other than murder or a felony 55 sexual offense is eligible for licensure so long as he or she 56 meets all other requirements established under this section. 57 Section 23. Subsection (6) of section 489.115, Florida 58 Statutes, is amended to read: 59 489.115 Certification and registration; endorsement; 60 reciprocity; renewals; continuing education.— 61 (6) An applicant for initial issuance of a certificate or 62 registration shall submit to a statewide criminal history 63 records check through the Department of Law Enforcement. The 64 Department of Business and Professional Regulation shall submit 65 the requests for the criminal history records check to the 66 Department of Law Enforcement for state processing, and the 67 Department of Law Enforcement shall return the results to the 68 department to determine if the applicant meets certification or 69 registration requirements. If the applicant has been convicted 70 of a felony, the board may deny licensure to the applicant based 71 upon the severity of the crime, the relationship of the crime to 72 contracting, or the potential for public harm. The board shall 73 also, in denying or approving licensure, consider the length of 74 time since the commission of the crime and the rehabilitation of 75 the applicant. The board may not deny licensure to an applicant 76 based solely upon a felony conviction or the applicant’s failure 77 to provide proof of restoration of civil rights or voting 78 rights. A person who has had his or her voting rights restored 79 pursuant to s. 4, Art. VI of the State Constitution upon 80 completion of all terms of sentence for a felony conviction for 81 an offense other than murder or a felony sexual offense is 82 eligible for licensure so long as he or she meets all other 83 requirements established under this section. 84 Section 24. Subsection (1) of section 489.513, Florida 85 Statutes, is amended to read: 86 489.513 Registration; application; requirements.— 87 (1) Any person engaged in the business of contracting in 88 the state shall be registered in the proper classification 89 unless he or she is certified. Any person desiring to be a 90 registered contractor shall apply to the department for 91 registration and must: 92 (a) Be at least 18 years old; 93 (b) Be of good moral character; and 94 (c) Meet eligibility requirements according to the 95 following criteria: 96 1. As used in this subsection, the term “good moral 97 character” means a personal history of honesty, fairness, and 98 respect for the rights of others and for state and federal law. 99 2. The board may determine that an individual applying for 100 registration is ineligible due to failure to satisfy the 101 requirement of good moral character only if: 102 a. There is a substantial connection between the lack of 103 good moral character of the individual and the professional 104 responsibilities of a registered contractor; and 105 b. The finding by the board of lack of good moral character 106 is supported by clear and convincing evidence. 107 3. When an individual is found to be unqualified because of 108 lack of good moral character, the board must furnish such 109 individual a statement containing the findings of the board, a 110 complete record of evidence upon which the determination was 111 based, and a notice of the rights of the individual to a 112 rehearing and an appeal. 113 4. A person who has had his or her voting rights restored 114 pursuant to s. 4, Art. VI of the State Constitution upon 115 completion of all terms of sentence for a felony conviction for 116 an offense other than murder or a felony sexual offense is 117 eligible for licensure as an electrical contractor so long as he 118 or she meets all other requirements established under this 119 section. 120 Section 25. If any provision of this act or an act passed 121 by the Legislature relating to the implementation of s. 4, 122 Article VI of the State Constitution is held to be invalid, the 123 invalidity does not affect the provisions of this act which can 124 be given effect without the invalid provision or application, 125 and to this end this act is severable. 126 Section 26. Present subsection (6) of section 489.553, 127 Florida Statutes, is redesignated as subsection (10), a new 128 subsection (6) and subsections (7), (8), and (9) are added to 129 that section, and paragraph (a) of subsection (4) of that 130 section is amended, to read: 131 489.553 Administration of part; registration 132 qualifications; examination.— 133 (4) To be eligible for registration by the department as a 134 septic tank contractor, the applicant must: 135 (a) Be of good moral character. In considering good moral 136 character, the department may consider any matter that has a 137 substantial connection between the good moral character of the 138 applicant and the professional responsibilities of a registered 139 contractor, including, but not limited to: the applicant being 140 convicted or found guilty of, or entering a plea of nolo 141 contendere to, regardless of adjudication, a crime in any 142 jurisdiction which directly relates to the practice of 143 contracting or the ability to practice contracting; and previous 144 disciplinary action involving septic tank contracting, where all 145 judicial reviews have been completed. A person who has had his 146 or her voting rights restored pursuant to s. 4, Art. VI of the 147 State Constitution upon completion of all terms of sentence for 148 a felony conviction for an offense other than murder or a felony 149 sexual offense is eligible for licensure so long as he or she 150 meets all other requirements established under this section. 151 152 ================= T I T L E A M E N D M E N T ================ 153 And the title is amended as follows: 154 Delete line 132 155 and insert: 156 contractor offenses; amending ss. 476.144, 477.019, 157 489.115, and 489.513, F.S.; specifying eligibility for 158 licensure for barbering, cosmetology, and contracting 159 for persons who have had voting rights restored 160 pursuant to s. 4, Art. VI of the State Constitution; 161 providing for severability; amending s. 489.553, F.S.; 162 specifying eligibility for licensure for contracting 163 for persons who have had voting rights restored 164 pursuant to s. 4, Art. VI of the State Constitution;