Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. CS for SB 1364 Ì749536FÎ749536 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/19/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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