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 entityor “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.