Florida Senate - 2023 CS for SB 1364 By the Committee on Regulated Industries; and Senators Collins, Burgess, and Calatayud 580-02865-23 20231364c1 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 a government certification 8 to applicants under certain circumstances; authorizing 9 such entities to require an applicant to pass a 10 specified examination under certain circumstances; 11 requiring such entities to require certain applicants 12 to complete a specified examination and certain 13 education requirements; providing a presumption that 14 the applications of certain individuals will be 15 approved; requiring licensing entities to provide a 16 written decision to an applicant within a specified 17 timeframe; authorizing an applicant to appeal a 18 decision made under the act; specifying that an 19 applicant licensed or certified under the act is still 20 subject to specified laws and entities; providing 21 exceptions; providing construction; authorizing the 22 Governor to take certain actions relating to 23 occupational licenses during declared states of 24 emergency; requiring licensing entities to submit an 25 annual report to the Legislature by a specified date; 26 requiring the Department of Business and Professional 27 Regulation and the Department of Health to adopt 28 rules; creating s. 456.0365, F.S.; providing 29 applicability; providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Section 455.2135, Florida Statutes, is created 34 to read: 35 455.2135 Interstate-Mobility and Universal-Recognition 36 Occupational Licensing Act.— 37 (1) SHORT TITLE.—This section may be cited as the 38 “Interstate-Mobility and Universal-Recognition Occupational 39 Licensing Act.” 40 (2) DEFINITIONS.—As used in this section, the term: 41 (a) “Board” means an agency, a board, a department, or 42 another governmental entity that regulates a lawful occupation 43 under this chapter or chapter 456 and issues an occupational 44 license or a government certification to an individual. The term 45 does not include any board that regulates an occupation listed 46 under subsection (10). 47 (b) “Government certification” means a voluntary, 48 government-granted, and nontransferable recognition granted to 49 an individual who meets personal qualifications related to a 50 lawful occupation. The term includes a military certification 51 for a lawful occupation. 52 (c) “Lawful occupation” means a course of conduct, pursuit, 53 or profession that includes the lawful sale of goods or 54 services, regardless of whether the individual selling them is 55 subject to an occupational license. 56 (d) “Military” means the Armed Forces of the United States, 57 including the Air Force, Army, Coast Guard, Marine Corps, Navy, 58 Space Force, National Guard, and all reserve components and 59 auxiliaries. The term also includes the military reserves and 60 militia of any United States territory or state. 61 (e) “Occupational license” means a nontransferable 62 authorization in law for an individual to perform a lawful 63 occupation based on meeting personal qualifications. The term 64 includes a military occupational specialty. 65 (f) “Other licensing entity” or “another licensing entity” 66 means any United States territory, state other than this state, 67 private certification organization, foreign province, foreign 68 country, international organization, or other entity that issues 69 occupational licenses or government certifications. The term 70 includes the military. 71 (g) “Private certification” means a voluntary program in 72 which a private organization grants nontransferable recognition 73 to an individual who meets personal qualifications and standards 74 relevant to performing the occupation, as determined by the 75 private organization. 76 (h) “Scope of practice” means the procedures, actions, 77 processes, and work that an individual may perform under an 78 occupational license or a government certification issued in 79 this state. 80 (3) OCCUPATIONAL LICENSE OR GOVERNMENT CERTIFICATION.— 81 (a) Notwithstanding any other law, a board must issue an 82 occupational license or a government certification to an 83 applicant for such license or certification if all of the 84 following apply: 85 1. The applicant holds a current and valid occupational 86 license or government certification issued by another licensing 87 entity in a lawful occupation with a similar scope of practice, 88 as determined by a board in this state. 89 2. The applicant has held the occupational license or 90 government certification issued by another licensing entity for 91 at least 1 year. 92 3. A board for the other licensing entity required the 93 applicant to pass an examination or meet education, training, or 94 experience standards. 95 4. A board for the other licensing entity holds the 96 applicant in good standing. 97 5. The applicant does not have a disqualifying criminal 98 record as determined by a board in this state. 99 6. A board for another licensing entity has not revoked the 100 applicant’s occupational license or government certification 101 because of negligence or intentional misconduct related to the 102 applicant’s work in the occupation. 103 7. The applicant did not surrender an occupational license 104 or a government certification, or have such license or 105 certification revoked, because of negligence or intentional 106 misconduct related to the applicant’s work in the occupation 107 outside of this state or in the military. 108 8. The applicant does not have a complaint, an allegation, 109 or an investigation formally pending before a board for another 110 licensing entity which relates to unprofessional conduct or an 111 alleged crime. If the applicant has such a complaint, 112 allegation, or investigation pending, a board may not issue or 113 deny an occupational license or a government certification to 114 the applicant until the complaint, allegation, or investigation 115 is resolved or the applicant otherwise meets the criteria for an 116 occupational license or a government certification in this state 117 to the satisfaction of a board in this state. 118 9. The applicant pays all applicable fees in this state. 119 (b) If another licensing entity issued the applicant a 120 government certification but an occupational license is required 121 in this state to perform a lawful occupation, the applicable 122 board must issue an occupational license to the applicant if the 123 applicant otherwise satisfies paragraph (a). 124 (4) WORK EXPERIENCE.—Notwithstanding any other law, a board 125 must issue an occupational license or a government certification 126 to an applicant for such license or certification based on work 127 experience outside of this state or in the military if all of 128 the following apply: 129 (a) The applicant worked in a state that does not issue an 130 occupational license or a government certification to regulate a 131 lawful occupation or was a member of the military, but this 132 state issues an occupational license or a government 133 certification to regulate a lawful occupation with a similar 134 scope of practice, as determined by the board. 135 (b) The applicant worked for at least 3 years in the lawful 136 occupation. 137 (c) The applicant satisfies subparagraphs (3)(a)5.-9. 138 (5) PRIVATE CERTIFICATION.—Notwithstanding any other law, a 139 board must issue an occupational license or a government 140 certification to an applicant for such license or certification 141 based on the applicant holding a private certification and the 142 applicant’s work experience outside of this state or in the 143 military if all of the following apply: 144 (a) The applicant holds a private certification and worked 145 in a state that does not issue an occupational license or a 146 government certification to regulate a lawful occupation or was 147 a member of the military, but an occupational license is 148 required in this state for such lawful occupation, as determined 149 by the board. 150 (b) The applicant worked for at least 2 years in the lawful 151 occupation. 152 (c) The applicant holds a current and valid private 153 certification in the lawful occupation. 154 (d) The private certification organization holds the 155 applicant in good standing. 156 (e) The applicant satisfies subparagraphs (3)(a)5.-9. 157 (6) REQUIRED EXAMINATIONS AND EDUCATION.— 158 (a) A board may require an applicant to pass an examination 159 specific to relevant state laws that regulate the occupation if 160 an occupational license or a government certification under this 161 chapter or chapter 456 requires such examination. 162 (b) In addition to the examination described in paragraph 163 (a), a board must require an applicant seeking to be licensed as 164 a general contractor, building contractor, residential 165 contractor, roofing contractor, specialty structure contractor, 166 or glass and glazing contractor to: 167 1. Successfully complete the examination for licensure 168 described in s. 489.113(1); and 169 2. Before being issued a certificate or registration, 170 successfully complete the following continuing education 171 courses, either in person or online: 172 a. The number of required hours, as determined by the 173 Construction Industry Licensing Board, relating to laws and 174 rules related to the construction industry in chapter 455 and 175 part 1 of chapter 489 and the rules of the Construction Industry 176 Licensing Board, and relating to wind mitigation methodology and 177 techniques incorporated in the Florida Building Code; and 178 b. For applicants seeking to be licensed as a general 179 contractor, building contractor, residential contractor, or 180 roofing contractor, a 2-hour course on the Florida Building Code 181 which includes information on wind mitigation techniques. 182 (7) PRESUMPTION OF APPROVAL; DECISION.—Unless a board can 183 demonstrate a substantial difference between the licensure or 184 certification requirements of another licensing entity and this 185 state, there is a presumption that an applicant who holds a 186 valid occupational license, government certification, or private 187 certification, or otherwise meets the requirements to be issued 188 an occupational license for a lawful occupation, and is in good 189 standing with another licensing entity is qualified for an 190 occupational license or a government certification in this state 191 and must be approved by the board. A board shall provide an 192 applicant with a written decision regarding his or her 193 application within 90 days after receipt of a completed 194 application. 195 (8) APPEAL.— 196 (a) The applicant may appeal the board’s decision to the 197 Division of Administrative Hearings. 198 (b) The applicant may appeal the board’s: 199 1. Denial of an occupational license or a government 200 certification; 201 2. Determination of the validity of an occupational license 202 or a government certification; 203 3. Determination of the similarity of the scope of practice 204 of the occupational license or government certification held by 205 the applicant; or 206 4. Determination of a disqualifying criminal record. 207 (9) STATE LAWS AND JURISDICTION.—An applicant who obtains 208 an occupational license or a government certification pursuant 209 to this section is subject to: 210 (a) The laws regulating the occupation in this state; and 211 (b) The jurisdiction of the applicable board in this state. 212 (10) EXCEPTION.—This section does not apply to an 213 occupation regulated by the Florida Supreme Court or any 214 occupation regulated under chapter 473, relating to public 215 accountancy. 216 (11) CONSTRUCTION.— 217 (a) This section may not be construed to prohibit an 218 individual from applying for an occupational license or a 219 government certification under another law or rule. 220 (b) An occupational license or a government certification 221 issued pursuant to this section is valid only in this state. 222 Such license or certification does not make the individual 223 eligible to work outside this state under an interstate compact 224 or a reciprocity agreement unless otherwise provided in law. 225 (c) This section may not be construed to prevent this state 226 from entering into a licensing compact or reciprocity agreement 227 with another state, United States territory, foreign province, 228 foreign country, international organization, or other entity. 229 (d) This section may not be construed to prevent boards in 230 this state from recognizing occupational licenses or government 231 certifications issued by a private certification organization, 232 foreign province, foreign country, international organization, 233 or other entity. 234 (e) This section may not be construed to require a private 235 certification organization to grant or deny private 236 certification to any individual. 237 (12) EMERGENCY POWERS.— 238 (a) During a state of emergency declared by the Governor, 239 the Governor may order the recognition of occupational licenses 240 from other licensing entities. 241 (b) The Governor may expand any occupational license’s 242 scope of practice and may authorize licensees to provide 243 services in this state in person, telephonically, or by other 244 means for the duration of the emergency. 245 (13) ANNUAL REPORT.—Each board shall submit an annual 246 report to the President of the Senate and the Speaker of the 247 House of Representatives by December 31 of each year, detailing 248 the number of licenses or certifications issued pursuant to this 249 section, the number of completed applications submitted pursuant 250 to this section which were denied, and the reason for each 251 denial. 252 (14) RULEMAKING.—The Department of Business and 253 Professional Regulation and the Department of Health, for the 254 boards under their jurisdiction, shall adopt rules to administer 255 this section. 256 Section 2. Section 456.0365, Florida Statutes, is created 257 to read: 258 456.0365 Applicability of the Interstate-Mobility and 259 Universal-Recognition Occupational Licensing Act.—Except as 260 provided in s. 455.2135(10), s. 455.2135 applies to professions 261 regulated by the department under this chapter. 262 Section 3. This act shall take effect July 1, 2023.