Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 1364 Ì123964=Î123964 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/21/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Regulated Industries (Collins) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 455.2135, Florida Statutes, is created 6 to read: 7 455.2135 Interstate-Mobility and Universal-Recognition 8 Occupational Licensing Act.— 9 (1) SHORT TITLE.—This section may be cited as the 10 “Interstate-Mobility and Universal-Recognition Occupational 11 Licensing Act.” 12 (2) DEFINITIONS.—As used in this section, the term: 13 (a) “Board” means an agency, a board, a department, or 14 another governmental entity that regulates a lawful occupation 15 under this chapter or chapter 456 and issues an occupational 16 license or a government certification to an individual. The term 17 does not include any board that regulates an occupation listed 18 under subsection (10). 19 (b) “Government certification” means a voluntary, 20 government-granted, and nontransferable recognition granted to 21 an individual who meets personal qualifications related to a 22 lawful occupation. The term includes a military certification 23 for a lawful occupation. 24 (c) “Lawful occupation” means a course of conduct, pursuit, 25 or profession that includes the lawful sale of goods or 26 services, regardless of whether the individual selling them is 27 subject to an occupational license. 28 (d) “Military” means the Armed Forces of the United States, 29 including the Air Force, Army, Coast Guard, Marine Corps, Navy, 30 Space Force, National Guard, and all reserve components and 31 auxiliaries. The term also includes the military reserves and 32 militia of any United States territory or state. 33 (e) “Occupational license” means a nontransferable 34 authorization in law for an individual to perform a lawful 35 occupation based on meeting personal qualifications. The term 36 includes a military occupational specialty. 37 (f) “Other licensing entity” or “another licensing entity” 38 means any United States territory, state other than this state, 39 private certification organization, foreign province, foreign 40 country, international organization, or other entity that issues 41 occupational licenses or government certifications. The term 42 includes the military. 43 (g) “Private certification” means a voluntary program in 44 which a private organization grants nontransferable recognition 45 to an individual who meets personal qualifications and standards 46 relevant to performing the occupation, as determined by the 47 private organization. 48 (h) “Scope of practice” means the procedures, actions, 49 processes, and work that an individual may perform under an 50 occupational license or a government certification issued in 51 this state. 52 (3) OCCUPATIONAL LICENSE OR GOVERNMENT CERTIFICATION.— 53 (a) Notwithstanding any other law, a board must issue an 54 occupational license or a government certification to an 55 applicant for such license or certification if all of the 56 following apply: 57 1. The applicant holds a current and valid occupational 58 license or government certification issued by another licensing 59 entity in a lawful occupation with a similar scope of practice, 60 as determined by a board in this state. 61 2. The applicant has held the occupational license or 62 government certification issued by another licensing entity for 63 at least 1 year. 64 3. A board for the other licensing entity required the 65 applicant to pass an examination or meet education, training, or 66 experience standards. 67 4. A board for the other licensing entity holds the 68 applicant in good standing. 69 5. The applicant does not have a disqualifying criminal 70 record as determined by a board in this state. 71 6. A board for another licensing entity has not revoked the 72 applicant’s occupational license or government certification 73 because of negligence or intentional misconduct related to the 74 applicant’s work in the occupation. 75 7. The applicant did not surrender an occupational license 76 or a government certification, or have such license or 77 certification revoked, because of negligence or intentional 78 misconduct related to the applicant’s work in the occupation 79 outside of this state or in the military. 80 8. The applicant does not have a complaint, an allegation, 81 or an investigation formally pending before a board for another 82 licensing entity which relates to unprofessional conduct or an 83 alleged crime. If the applicant has such a complaint, 84 allegation, or investigation pending, a board may not issue or 85 deny an occupational license or a government certification to 86 the applicant until the complaint, allegation, or investigation 87 is resolved or the applicant otherwise meets the criteria for an 88 occupational license or a government certification in this state 89 to the satisfaction of a board in this state. 90 9. The applicant pays all applicable fees in this state. 91 (b) If another licensing entity issued the applicant a 92 government certification but an occupational license is required 93 in this state to perform a lawful occupation, the applicable 94 board must issue an occupational license to the applicant if the 95 applicant otherwise satisfies paragraph (a). 96 (4) WORK EXPERIENCE.—Notwithstanding any other law, a board 97 must issue an occupational license or a government certification 98 to an applicant for such license or certification based on work 99 experience outside of this state or in the military if all of 100 the following apply: 101 (a) The applicant worked in a state that does not issue an 102 occupational license or a government certification to regulate a 103 lawful occupation or was a member of the military, but this 104 state issues an occupational license or a government 105 certification to regulate a lawful occupation with a similar 106 scope of practice, as determined by the board. 107 (b) The applicant worked for at least 3 years in the lawful 108 occupation. 109 (c) The applicant satisfies subparagraphs (3)(a)5.-9. 110 (5) PRIVATE CERTIFICATION.—Notwithstanding any other law, a 111 board must issue an occupational license or a government 112 certification to an applicant for such license or certification 113 based on the applicant holding a private certification and the 114 applicant’s work experience outside of this state or in the 115 military if all of the following apply: 116 (a) The applicant holds a private certification and worked 117 in a state that does not issue an occupational license or a 118 government certification to regulate a lawful occupation or was 119 a member of the military, but an occupational license is 120 required in this state for such lawful occupation, as determined 121 by the board. 122 (b) The applicant worked for at least 2 years in the lawful 123 occupation. 124 (c) The applicant holds a current and valid private 125 certification in the lawful occupation. 126 (d) The private certification organization holds the 127 applicant in good standing. 128 (e) The applicant satisfies subparagraphs (3)(a)5.-9. 129 (6) REQUIRED EXAMINATIONS AND EDUCATION.— 130 (a) A board may require an applicant to pass an examination 131 specific to relevant state laws that regulate the occupation if 132 an occupational license or a government certification under this 133 chapter or chapter 456 requires such examination. 134 (b) In addition to the examination described in paragraph 135 (a), a board must require an applicant seeking to be licensed as 136 a general contractor, building contractor, residential 137 contractor, roofing contractor, specialty structure contractor, 138 or glass and glazing contractor to: 139 1. Successfully complete the examination for licensure 140 described in s. 489.113(1); and 141 2. Before being issued a certificate or registration, 142 successfully complete the following continuing education 143 courses, either in person or online: 144 a. The number of required hours, as determined by the 145 Construction Industry Licensing Board, relating to laws and 146 rules related to the construction industry in chapter 455 and 147 part 1 of chapter 489 and the rules of the Construction Industry 148 Licensing Board, and relating to wind mitigation methodology and 149 techniques incorporated in the Florida Building Code; and 150 b. For applicants seeking to be licensed as a general 151 contractor, building contractor, residential contractor, or 152 roofing contractor, a 2-hour course on the Florida Building Code 153 which includes information on wind mitigation techniques. 154 (7) PRESUMPTION OF APPROVAL; DECISION.—Unless a board can 155 demonstrate a substantial difference between the licensure or 156 certification requirements of another licensing entity and this 157 state, there is a presumption that an applicant who holds a 158 valid occupational license, government certification, or private 159 certification, or otherwise meets the requirements to be issued 160 an occupational license for a lawful occupation, and is in good 161 standing with another licensing entity is qualified for an 162 occupational license or a government certification in this state 163 and must be approved by the board. A board shall provide an 164 applicant with a written decision regarding his or her 165 application within 90 days after receipt of a completed 166 application. 167 (8) APPEAL.— 168 (a) The applicant may appeal the board’s decision to the 169 Division of Administrative Hearings. 170 (b) The applicant may appeal the board’s: 171 1. Denial of an occupational license or a government 172 certification; 173 2. Determination of the validity of an occupational license 174 or a government certification; 175 3. Determination of the similarity of the scope of practice 176 of the occupational license or government certification held by 177 the applicant; or 178 4. Determination of a disqualifying criminal record. 179 (9) STATE LAWS AND JURISDICTION.—An applicant who obtains 180 an occupational license or a government certification pursuant 181 to this section is subject to: 182 (a) The laws regulating the occupation in this state; and 183 (b) The jurisdiction of the applicable board in this state. 184 (10) EXCEPTION.—This section does not apply to an 185 occupation regulated by the Florida Supreme Court or any 186 occupation regulated under chapter 473, relating to public 187 accountancy. 188 (11) CONSTRUCTION.— 189 (a) This section may not be construed to prohibit an 190 individual from applying for an occupational license or a 191 government certification under another law or rule. 192 (b) An occupational license or a government certification 193 issued pursuant to this section is valid only in this state. 194 Such license or certification does not make the individual 195 eligible to work outside this state under an interstate compact 196 or a reciprocity agreement unless otherwise provided in law. 197 (c) This section may not be construed to prevent this state 198 from entering into a licensing compact or reciprocity agreement 199 with another state, United States territory, foreign province, 200 foreign country, international organization, or other entity. 201 (d) This section may not be construed to prevent boards in 202 this state from recognizing occupational licenses or government 203 certifications issued by a private certification organization, 204 foreign province, foreign country, international organization, 205 or other entity. 206 (e) This section may not be construed to require a private 207 certification organization to grant or deny private 208 certification to any individual. 209 (12) EMERGENCY POWERS.— 210 (a) During a state of emergency declared by the Governor, 211 the Governor may order the recognition of occupational licenses 212 from other licensing entities. 213 (b) The Governor may expand any occupational license’s 214 scope of practice and may authorize licensees to provide 215 services in this state in person, telephonically, or by other 216 means for the duration of the emergency. 217 (13) ANNUAL REPORT.—Each board shall submit an annual 218 report to the President of the Senate and the Speaker of the 219 House of Representatives by December 31 of each year, detailing 220 the number of licenses or certifications issued pursuant to this 221 section, the number of completed applications submitted pursuant 222 to this section which were denied, and the reason for each 223 denial. 224 (14) RULEMAKING.—The Department of Business and 225 Professional Regulation and the Department of Health, for the 226 boards under their jurisdiction, shall adopt rules to administer 227 this section. 228 Section 2. Section 456.0365, Florida Statutes, is created 229 to read: 230 456.0365 Applicability of the Interstate-Mobility and 231 Universal-Recognition Occupational Licensing Act.—Except as 232 provided in s. 455.2135(10), s. 455.2135 applies to professions 233 regulated by the department under this chapter. 234 Section 3. This act shall take effect July 1, 2023. 235 236 ================= T I T L E A M E N D M E N T ================ 237 And the title is amended as follows: 238 Delete everything before the enacting clause 239 and insert: 240 A bill to be entitled 241 An act relating to the Interstate-Mobility and 242 Universal-Recognition Occupational Licensing Act; 243 creating s. 455.2135, F.S.; providing a short title; 244 defining terms; requiring certain agencies, boards, 245 departments, and other governmental entities to issue 246 an occupational license or a government certification 247 to applicants under certain circumstances; authorizing 248 such entities to require an applicant to pass a 249 specified examination under certain circumstances; 250 requiring such entities to require certain applicants 251 to complete a specified examination and certain 252 education requirements; providing a presumption that 253 the applications of certain individuals will be 254 approved; requiring licensing entities to provide a 255 written decision to an applicant within a specified 256 timeframe; authorizing an applicant to appeal a 257 decision made under the act; specifying that an 258 applicant licensed or certified under the act is still 259 subject to specified laws and entities; providing 260 exceptions; providing construction; authorizing the 261 Governor to take certain actions relating to 262 occupational licenses during declared states of 263 emergency; requiring licensing entities to submit an 264 annual report to the Legislature by a specified date; 265 requiring the Department of Business and Professional 266 Regulation and the Department of Health to adopt 267 rules; creating s. 456.0365, F.S.; providing 268 applicability; providing an effective date.