Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for HB 7125
       
       
       
       
       
       
                                Ì736906<Î736906                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             05/01/2019 02:33 PM       .                                
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       Senator Rodriguez moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1148 - 1152
    4  and insert:
    5         Section 16. 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 17. 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 is shall be eligible 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 18. 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 19. 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 20. 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 21. 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 90
  155  and insert:
  156         offenses; amending ss. 476.144, 477.019, 489.115, and
  157         489.513, F.S.; specifying eligibility for licensure
  158         for barbering, cosmetology, and contracting for
  159         persons who have had voting rights restored pursuant
  160         to s. 4, Art. VI of the State Constitution; providing
  161         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;
  165         prohibiting the