Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1364
       
       
       
       
       
       
                                Ì749536FÎ749536                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/19/2023           .                                
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       The Appropriations Committee on Agriculture, Environment, and
       General Government (Collins) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 67 - 255
    4  and insert:
    5  recognized private certification organization, or recognized
    6  international organization that issues occupational licenses or
    7  government certifications for a lawful occupation with a similar
    8  scope of practice to a lawful occupation in this state. The term
    9  includes the military.
   10         (g)“Recognized private certification” means a voluntary
   11  program in which a recognized private organization or recognized
   12  international organization grants nontransferable recognition to
   13  an individual who meets personal qualifications and standards
   14  relevant to performing an occupation, as determined by the
   15  Department of Business and Professional Regulation or the
   16  Department of Health, as applicable.
   17         (h)“Scope of practice” means the procedures, actions,
   18  processes, and work that an individual may perform under an
   19  occupational license or a government certification issued in
   20  this state.
   21         (3)OCCUPATIONAL LICENSE OR GOVERNMENT CERTIFICATION.—
   22         (a)Notwithstanding any other law, a board must issue an
   23  occupational license or a government certification to an
   24  applicant for such license or certification if all of the
   25  following apply:
   26         1.The applicant holds a current and valid occupational
   27  license or government certification issued by another licensing
   28  entity in a lawful occupation with a similar scope of practice,
   29  as determined by a board in this state.
   30         2.The applicant has held the occupational license or
   31  government certification issued by another licensing entity for
   32  at least 1 year.
   33         3.A board for the other licensing entity required the
   34  applicant to meet at least two of the following three
   35  requirements:
   36         a.Pass an examination.
   37         b.Meet specified education or training standards.
   38         c.Meet specified experience standards.
   39         4.A board for the other licensing entity holds the
   40  applicant in good standing.
   41         5.The applicant does not have a criminal record or
   42  professional disciplinary action in any jurisdiction that would
   43  disqualify the applicant from licensure in this state, as
   44  determined by the appropriate board; and the applicant has met
   45  the general background screening requirements under s. 456.0135,
   46  if applicable.
   47         6.A board in this state or a board for another licensing
   48  entity has not revoked the applicant’s occupational license or
   49  government certification.
   50         7.The applicant did not surrender an occupational license
   51  or a government certification, or have such license or
   52  certification revoked, because of negligence or intentional
   53  misconduct related to the applicant’s work in the occupation
   54  outside of this state or in the military.
   55         8.The applicant does not have a complaint, an allegation,
   56  or an investigation formally pending before a board for another
   57  licensing entity which relates to unprofessional conduct or an
   58  alleged crime. If the applicant has such a complaint,
   59  allegation, or investigation pending, a board may not issue or
   60  deny an occupational license or a government certification to
   61  the applicant until the complaint, allegation, or investigation
   62  is resolved or the applicant otherwise meets the criteria for an
   63  occupational license or a government certification in this state
   64  to the satisfaction of a board in this state.
   65         9.The applicant pays all applicable fees in this state.
   66         (b)If another licensing entity issued the applicant a
   67  government certification but an occupational license is required
   68  in this state to perform a lawful occupation, the applicable
   69  board must issue an occupational license to the applicant if the
   70  applicant otherwise satisfies paragraph (a).
   71         (4)WORK EXPERIENCE.—Notwithstanding any other law, a board
   72  must issue an occupational license or a government certification
   73  to an applicant for such license or certification based on work
   74  experience outside of this state or in the military if all of
   75  the following apply:
   76         (a)The applicant worked in a state that does not issue an
   77  occupational license or a government certification to regulate a
   78  lawful occupation or was a member of the military, but this
   79  state issues an occupational license or a government
   80  certification to regulate a lawful occupation with a similar
   81  scope of practice, as determined by the board.
   82         (b)The applicant worked for at least 3 years in the lawful
   83  occupation.
   84         (c)The applicant satisfies subparagraphs (3)(a)5.-9.
   85         (5)RECOGNIZED PRIVATE CERTIFICATION.—Notwithstanding any
   86  other law, except as provided in subsection (6), a board must
   87  issue an occupational license or a government certification to
   88  an applicant for such license or certification based on the
   89  applicant holding a recognized private certification and the
   90  applicant’s work experience outside of this state or in the
   91  military if all of the following apply:
   92         (a)The applicant holds a recognized private certification
   93  and worked in a state that does not issue an occupational
   94  license or a government certification to regulate a lawful
   95  occupation or was a member of the military, but an occupational
   96  license is required in this state for such lawful occupation, as
   97  determined by the board.
   98         (b)The applicant worked for at least 2 years in the lawful
   99  occupation.
  100         (c)The applicant holds a current and valid private
  101  certification in the lawful occupation.
  102         (d)The recognized private certification organization holds
  103  the applicant in good standing.
  104         (e)The applicant satisfies subparagraphs (3)(a)5.-9.
  105         (6)ADDITIONAL REQUIREMENTS.—
  106         (a)A board may require an applicant to pass an examination
  107  specific to relevant state laws that regulate the occupation if
  108  an occupational license or a government certification under this
  109  chapter or chapter 456 requires such examination.
  110         (b)In addition to the examination described in paragraph
  111  (a), a board must require an applicant seeking to be licensed as
  112  a general contractor, building contractor, residential
  113  contractor, roofing contractor, specialty structure contractor,
  114  or glass and glazing contractor to:
  115         1.Successfully complete the examination for licensure
  116  described in s. 489.113(1); and
  117         2.Before being issued a certificate or registration,
  118  successfully complete the following continuing education
  119  courses, either in person or online:
  120         a.The number of required hours, as determined by the
  121  Construction Industry Licensing Board, relating to laws and
  122  rules related to the construction industry in chapter 455 and
  123  part 1 of chapter 489 and the rules of the Construction Industry
  124  Licensing Board, and relating to wind mitigation methodology and
  125  techniques incorporated in the Florida Building Code; and
  126         b.For applicants seeking to be licensed as a general
  127  contractor, building contractor, residential contractor, or
  128  roofing contractor, a 2-hour course on the Florida Building Code
  129  which includes information on wind mitigation techniques.
  130         (c)Notwithstanding any other provision in this section, a
  131  board for an occupation regulated under chapter 458, chapter
  132  459, or chapter 461 shall require an applicant to meet the
  133  requirements of s. 458.313, s. 459.0055, or s. 461.006, as
  134  applicable, before issuing an occupational license or a
  135  government certification to practice medicine, osteopathic
  136  medicine, or podiatric medicine.
  137         (7)PRESUMPTION OF APPROVAL; DECISION.—Unless a board can
  138  demonstrate a substantial difference between the licensure or
  139  certification requirements of another licensing entity and this
  140  state, there is a presumption that an applicant who holds a
  141  valid occupational license, government certification, or private
  142  certification, or otherwise meets the requirements to be issued
  143  an occupational license for a lawful occupation, and is in good
  144  standing with another licensing entity is qualified for an
  145  occupational license or a government certification in this state
  146  and must be approved by the board. A board shall provide an
  147  applicant with a written decision regarding his or her
  148  application within 90 days after receipt of a completed
  149  application.
  150         (8)APPEAL.—
  151         (a)The applicant may appeal the board’s decision to the
  152  Division of Administrative Hearings.
  153         (b)The applicant may appeal the board’s:
  154         1.Denial of an occupational license or a government
  155  certification;
  156         2.Determination of the validity of an occupational license
  157  or a government certification;
  158         3.Determination of the similarity of the scope of practice
  159  of the occupational license or government certification held by
  160  the applicant; or
  161         4.Determination of a disqualifying criminal record.
  162         (9)STATE LAWS AND JURISDICTION.—An applicant who obtains
  163  an occupational license or a government certification pursuant
  164  to this section is subject to:
  165         (a)The laws regulating the occupation in this state; and
  166         (b)The jurisdiction of the applicable board in this state.
  167         (10)EXCEPTION.—This section does not apply to an
  168  occupation regulated by the Florida Supreme Court or any
  169  occupation regulated under chapter 473, relating to public
  170  accountancy.
  171         (11)CONSTRUCTION.—
  172         (a)This section may not be construed to prohibit an
  173  individual from applying for an occupational license or a
  174  government certification under another law or rule.
  175         (b)An occupational license or a government certification
  176  issued pursuant to this section is valid only in this state.
  177  Such license or certification does not make the individual
  178  eligible to work outside this state under an interstate compact
  179  or a reciprocity agreement unless otherwise provided in law.
  180         (c)This section may not be construed to prevent this state
  181  from entering into a licensing compact or reciprocity agreement
  182  with another state, United States territory, foreign province,
  183  foreign country, international organization, or other entity.
  184         (d)This section may not be construed to prevent boards in
  185  this state from recognizing occupational licenses or government
  186  certifications issued by a private certification organization,
  187  foreign province, foreign country, international organization,
  188  or other entity.
  189         (e)This section may not be construed to require a private
  190  certification organization to grant or deny private
  191  certification to any individual.
  192         (12)EMERGENCY POWERS.—
  193         (a)During a state of emergency declared by the Governor,
  194  the Governor may order the recognition of occupational licenses
  195  from other licensing entities.
  196         (b)The Governor may expand any occupational license’s
  197  scope of practice and may authorize licensees to provide
  198  services in this state in person, telephonically, or by other
  199  means for the duration of the emergency.
  200         (13)ANNUAL REPORT.—Each board shall submit an annual
  201  report to the President of the Senate and the Speaker of the
  202  House of Representatives by December 31 of each year, detailing
  203  the number of licenses or certifications issued pursuant to this
  204  section, the number of completed applications submitted pursuant
  205  to this section which were denied, and the reason for each
  206  denial.
  207         (14)RULEMAKING.—
  208         (a)The Department of Business and Professional Regulation
  209  and the Department of Health shall, for the boards under their
  210  respective jurisdiction, adopt rules to administer this section.
  211         (b)Each board shall adopt rules for determining whether a
  212  scope of practice is similar to the scope of practice of a
  213  lawful occupation regulated by the board in this state.
  214         (15)VETERANS ONLINE PORTAL.—Contingent upon the
  215  appropriation of funds for that purpose by the Legislature, the
  216  Department of Veterans’ Affairs shall establish a one-stop
  217  online portal system that allows former and present members of
  218  the military and their dependents to enter and verify their
  219  military credentials, government certifications, occupational
  220  licenses, or recognized private certifications. The Department
  221  of Business and Professional Regulation and the Department of
  222  Health shall, for the boards under their respective
  223  jurisdiction, use this system to verify credentials for
  224  applicants under this section.
  225  
  226  ================= T I T L E  A M E N D M E N T ================
  227  And the title is amended as follows:
  228         Delete lines 12 - 28
  229  and insert:
  230         to meet specified additional requirements; providing a
  231         presumption that the applications of certain
  232         individuals will be approved; requiring licensing
  233         entities to provide a written decision to an applicant
  234         within a specified timeframe; authorizing an applicant
  235         to appeal a decision made under the act; specifying
  236         that an applicant licensed or certified under the act
  237         is still subject to specified laws and entities;
  238         providing exceptions; providing construction;
  239         authorizing the Governor to take certain actions
  240         relating to occupational licenses during declared
  241         states of emergency; requiring licensing entities to
  242         submit an annual report to the Legislature by a
  243         specified date; requiring boards, the Department of
  244         Business and Professional Regulation, and the
  245         Department of Health to adopt rules; requiring the
  246         Department of Veterans’ Affairs, contingent upon an
  247         appropriation, to establish a specified online portal
  248         relating to veterans’ occupational licenses and
  249         government certifications; requiring the Department of
  250         Business and Professional Regulation and the
  251         Department of Health to use such portal to verify
  252         credentials; creating s. 456.0365, F.S.; providing