Florida Senate - 2023 SB 1364 By Senator Collins 14-01118B-23 20231364__ 1 A bill to be entitled 2 An act relating to the Interstate-Mobility and 3 Universal-Recognition Occupational Licensing Act; 4 creating s. 455.2135, F.S.; providing a short title; 5 defining terms; requiring certain agencies, boards, 6 departments, and other governmental entities to issue 7 an occupational license or government certification to 8 persons under certain circumstances; authorizing such 9 entities to require a person to pass a specified 10 examination under certain circumstances; providing a 11 presumption that the applications of certain 12 individuals will be approved; requiring such entities 13 to provide a written decision to an applicant within a 14 specified timeframe; authorizing a person to appeal a 15 decision made under the act; specifying that a person 16 licensed or certified under the act is still subject 17 to specified laws and entities; providing 18 construction; authorizing the Governor to take certain 19 actions relating to occupational licenses during 20 declared states of emergency; requiring such entities 21 to submit an annual report to the Legislature by a 22 specified date; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Section 455.2135, Florida Statutes, is created 27 to read: 28 455.2135 Interstate-Mobility and Universal-Recognition 29 Occupational Licensing Act.— 30 (1) SHORT TITLE.—This section may be cited as the 31 “Interstate-Mobility and Universal-Recognition Occupational 32 Licensing Act.” 33 (2) DEFINITIONS.—As used in this section, the term: 34 (a) “Board” means an agency, board, department, or other 35 governmental entity that regulates a lawful occupation under 36 this chapter or chapter 456 and issues an occupational license 37 or government certification to an individual. 38 (b) “Government certification” means a voluntary, 39 government-granted, and nontransferable recognition granted to 40 an individual who meets personal qualifications related to a 41 lawful occupation. The term includes a military certification 42 for a lawful occupation. The term does not include credentials, 43 such as those used for medical board certification or held by a 44 certified public accountant, that are prerequisites to working 45 lawfully in an occupation. 46 (c) “Lawful occupation” means a course of conduct, pursuit, 47 or profession that includes lawful the sale of goods or services 48 to sell regardless of whether the individual selling them is 49 subject to an occupational license. 50 (d) “Military” means the Armed Forces of the United States, 51 including the Air Force, Army, Coast Guard, Marine Corps, Navy, 52 Space Force, National Guard, and all reserve components and 53 auxiliaries. The term also includes the military reserves and 54 militia of any United States territory or state. 55 (e) “Occupational license” means a nontransferable 56 authorization in law for an individual to exclusively perform a 57 lawful occupation based on meeting personal qualifications. The 58 term includes a military occupational specialty. 59 (f) “Other licensing entity” or “another licensing entity” 60 means any United States territory or state in the United States 61 other than this state which issues occupational licenses or 62 government certifications. The term includes the military. 63 (g) “Private certification” means a voluntary program in 64 which a private organization grants nontransferable recognition 65 to an individual who meets personal qualifications and standards 66 relevant to performing the occupation, as determined by the 67 private organization. 68 (h) “Scope of practice” means the procedures, actions, 69 processes, and work that a person may perform under an 70 occupational license or government certification issued in this 71 state. 72 (3) OCCUPATIONAL LICENSE OR GOVERNMENT CERTIFICATION.— 73 (a) Notwithstanding any other law, a board must issue an 74 occupational license or government certification to a person 75 applying to a board for such license or certification if all of 76 the following apply: 77 1. The person holds a current and valid occupational 78 license or government certification by another licensing entity 79 in a lawful occupation with a similar scope of practice, as 80 determined by a board in this state. 81 2. The person has held the occupational license or 82 government certification by another licensing entity for at 83 least 1 year. 84 3. A board for the other licensing entity required the 85 person to pass an examination or meet education, training, or 86 experience standards. 87 4. A board for the other licensing entity holds the person 88 in good standing. 89 5. The person does not have a disqualifying criminal record 90 as determined by a board in this state. 91 6. A board for another licensing entity has not revoked the 92 person’s occupational license or government certification 93 because of negligence or intentional misconduct related to the 94 person’s work in the occupation. 95 7. The person did not surrender an occupational license or 96 government certification, or have such license or certification 97 revoked, because of negligence or intentional misconduct related 98 to the person’s work in the occupation in another state or in 99 the military. 100 8. The person does not have a complaint, allegation, or 101 investigation pending before a board for another licensing 102 entity which relates to unprofessional conduct or an alleged 103 crime. If the person has a complaint, allegation, or 104 investigation pending, a board may not issue or deny an 105 occupational license or government certification to the person 106 until the complaint, allegation, or investigation is resolved or 107 the person otherwise meets the criteria for an occupational 108 license or government certification in this state to the 109 satisfaction of a board in this state. 110 9. The person pays all applicable fees in this state. 111 (b) If another licensing entity issued the person a 112 government certification but this state requires an occupational 113 license to work, a board must issue an occupational license to 114 the person if the person otherwise satisfies paragraph (a). 115 (4) WORK EXPERIENCE.—Notwithstanding any other law, a board 116 must issue an occupational license or government certification 117 to a person applying to the board for such license or 118 certification based on work experience in another state or the 119 military if all of the following apply: 120 (a) The person worked in a state that does not use an 121 occupational license or government certification to regulate a 122 lawful occupation or was a member of the military, but this 123 state uses an occupational license or government certification 124 to regulate a lawful occupation with a similar scope of 125 practice, as determined by the board. 126 (b) The person worked for at least 3 years in the lawful 127 occupation. 128 (c) The person satisfies paragraph (3)(a). 129 (5) PRIVATE CERTIFICATION.—Notwithstanding any other law, a 130 board must issue an occupational license or government 131 certification to a person applying for such license or 132 certification based on the person holding a private 133 certification and the person’s work experience in another state 134 or the military if all of the following apply: 135 (a) The person holds a private certification and worked in 136 a state that does not use an occupational license or government 137 certification to regulate a lawful occupation or was a member of 138 the military, but this state uses an occupational license or 139 government certification to regulate a lawful occupation with a 140 similar scope of practice, as determined by the board. 141 (b) The person worked for at least 2 years in the lawful 142 occupation. 143 (c) The person holds a current and valid private 144 certification in the lawful occupation. 145 (d) The private certification organization holds the person 146 in good standing. 147 (e) The person satisfies subparagraphs (3)(a)5.-9. 148 (6) STATE EXAMINATION.—A board may require a person to pass 149 a jurisprudential examination specific to relevant state laws 150 that regulate the occupation if an occupational license or 151 government certification under this chapter or chapter 456 152 requires such examination. 153 (7) PRESUMPTION OF APPROVAL; DECISION.—Unless a board can 154 demonstrate a substantial difference between licensure or 155 certification requirements of another licensing entity and this 156 state, there is a presumption that an applicant who holds a 157 valid occupational license, government certification, or private 158 certification, or otherwise meets the requirements to be 159 credentialed for a lawful occupation, and is in good standing in 160 another state is qualified for an occupational license or 161 government certification in this state and must be approved by 162 the board. A board shall provide an applicant with a written 163 decision regarding his or her application within 90 days after 164 receiving a complete application. 165 (8) APPEAL.— 166 (a) The person may appeal the board’s decision to the 167 Division of Administrative Hearings. 168 (b) The person may appeal the board’s: 169 1. Denial of an occupational license or government 170 certification; 171 2. Determination of the occupation; 172 3. Determination of the similarity of the scope of practice 173 of the occupational license or government certification issued; 174 or 175 4. Other determinations made under this section. 176 (9) STATE LAWS AND JURISDICTION.—A person who obtains an 177 occupational license or a government certification pursuant to 178 this section is subject to: 179 (a) The laws regulating the occupation in this state; and 180 (b) The jurisdiction of the board in this state. 181 (10) EXCEPTION.—This section does not apply to an 182 occupation regulated by the Florida Supreme Court. 183 (11) CONSTRUCTION.— 184 (a) This section may not be construed to prohibit a person 185 from applying for an occupational license or a government 186 certification under another law or rule. 187 (b) An occupational license or a government certification 188 issued pursuant to this section is valid only in this state. 189 Such license or certification does not make the person eligible 190 to work in another state under an interstate compact or a 191 reciprocity agreement unless otherwise provided in law. 192 (c) This section may not be construed to prevent this state 193 from entering into a licensing compact or reciprocity agreement 194 with another state, foreign province, foreign country, 195 international organization, or other entity. 196 (d) This section may not be construed to prevent this state 197 from recognizing occupational credentials issued by a private 198 certification organization, foreign province, foreign country, 199 international organization, or other entity. 200 (e) This section may not be construed to require a private 201 certification organization to grant or deny private 202 certification to any individual. 203 (12) EMERGENCY POWERS.— 204 (a) During a state of emergency declared by the Governor, 205 the Governor may order the recognition of occupational licenses 206 from other licensing entities or from a foreign country as if 207 the licenses were issued in this state. 208 (b) The Governor may expand any occupational license’s 209 scope of practice and may authorize licensees to provide 210 services in this state in person, telephonically, or by other 211 means for the duration of the emergency. 212 (13) Each board shall submit an annual report to the 213 President of the Senate and the Speaker of the House of 214 Representatives by December 31 of each year, detailing the 215 number of licenses or certifications issued pursuant to this 216 section, the number of applications submitted pursuant to this 217 section which were denied, and the reason for each denial. 218 Section 2. This act shall take effect July 1, 2023.