Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1364
       
       
       
       
       
       
                                Ì123964=Î123964                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/21/2023           .                                
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       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 entityor “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.