Florida Senate - 2023 CS for CS for CS for SB 1364 By the Committee on Fiscal Policy; the Appropriations Committee on Agriculture, Environment, and General Government; the Committee on Regulated Industries; and Senators Collins, Burgess, and Calatayud 594-04311-23 20231364c3 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 meet specified additional requirements; providing a 13 presumption that the applications of certain 14 individuals will be approved; requiring licensing 15 entities to provide a written decision to an applicant 16 within a specified timeframe; authorizing an applicant 17 to appeal a decision made under the act; specifying 18 that an applicant licensed or certified under the act 19 is still subject to specified laws and entities; 20 providing exceptions; providing construction; 21 authorizing the Governor to take certain actions 22 relating to occupational licenses during declared 23 states of emergency; requiring licensing entities to 24 submit an annual report to the Legislature by a 25 specified date; requiring boards, the Department of 26 Business and Professional Regulation, and the 27 Department of Health to adopt rules; requiring the 28 Department of Veterans’ Affairs, contingent upon an 29 appropriation, to establish a specified online portal 30 relating to veterans’ occupational licenses and 31 government certifications; requiring the Department of 32 Business and Professional Regulation and the 33 Department of Health to use such portal to verify 34 credentials; creating s. 456.0365, F.S.; providing 35 applicability; providing an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1. Section 455.2135, Florida Statutes, is created 40 to read: 41 455.2135 Interstate-Mobility and Universal-Recognition 42 Occupational Licensing Act.— 43 (1) SHORT TITLE.—This section may be cited as the 44 “Interstate-Mobility and Universal-Recognition Occupational 45 Licensing Act.” 46 (2) DEFINITIONS.—As used in this section, the term: 47 (a) “Board” means an agency, a board, a department, or 48 another governmental entity that regulates a lawful occupation 49 under this chapter or chapter 456 and issues an occupational 50 license or a government certification to an individual. The term 51 does not include any board that regulates an occupation listed 52 under subsection (10). 53 (b) “Government certification” means a voluntary, 54 government-granted, and nontransferable recognition granted to 55 an individual who meets personal qualifications related to a 56 lawful occupation. The term includes a military certification 57 for a lawful occupation. 58 (c) “Lawful occupation” means a course of conduct, pursuit, 59 or profession that includes the lawful sale of goods or 60 services, regardless of whether the individual selling them is 61 subject to an occupational license. 62 (d) “Military” means the Armed Forces of the United States, 63 including the Air Force, Army, Coast Guard, Marine Corps, Navy, 64 Space Force, National Guard, and all reserve components and 65 auxiliaries. The term also includes the military reserves and 66 militia of any United States territory or state. 67 (e) “Occupational license” means a nontransferable 68 authorization in law for an individual to perform a lawful 69 occupation based on meeting personal qualifications. The term 70 includes a military occupational specialty. 71 (f) “Other licensing entity” or “another licensing entity” 72 means any United States territory, state other than this state, 73 recognized private certification organization, or recognized 74 international organization that issues occupational licenses or 75 government certifications for a lawful occupation with a similar 76 scope of practice to a lawful occupation in this state. The term 77 includes the military. 78 (g) “Recognized private certification” means a voluntary 79 program in which a recognized private organization or recognized 80 international organization grants nontransferable recognition to 81 an individual who meets personal qualifications and standards 82 relevant to performing an occupation, as determined by the 83 Department of Business and Professional Regulation or the 84 Department of Health, as applicable. 85 (h) “Scope of practice” means the procedures, actions, 86 processes, and work that an individual may perform under an 87 occupational license or a government certification issued in 88 this state. 89 (3) OCCUPATIONAL LICENSE OR GOVERNMENT CERTIFICATION.— 90 (a) Notwithstanding any other law, a board must issue an 91 occupational license or a government certification to an 92 applicant for such license or certification if all of the 93 following apply: 94 1. The applicant holds a current and valid occupational 95 license or government certification issued by another licensing 96 entity in a lawful occupation with a similar scope of practice, 97 as determined by a board in this state. 98 2. The applicant has worked for at least 2 years, worked 99 the length of time required for licensure or certification by 100 endorsement for the occupational license or government 101 certification under another statute, or worked the length of 102 time required for licensure or certification by endorsement by 103 rule of the applicable board adopted before January 1, 2023, 104 whichever is greater. 105 3. A board for the other licensing entity required the 106 applicant to meet at least two of the following three 107 requirements: 108 a. Pass an examination. 109 b. Meet specified education or training standards. 110 c. Meet specified experience standards. 111 4. A board for the other licensing entity holds the 112 applicant in good standing. 113 5. The applicant does not have a criminal record or 114 professional disciplinary action in any jurisdiction that would 115 disqualify the applicant from licensure in this state, as 116 determined by the appropriate board; and the applicant has met 117 the general background screening requirements under s. 456.0135, 118 if applicable. 119 6. A board in this state or a board for another licensing 120 entity has not revoked the applicant’s occupational license or 121 government certification. 122 7. The applicant did not surrender an occupational license 123 or a government certification, or have such license or 124 certification revoked, because of negligence or intentional 125 misconduct related to the applicant’s work in the occupation 126 outside of this state or in the military. 127 8. The applicant does not have a complaint, an allegation, 128 or an investigation formally pending before a board for another 129 licensing entity which relates to unprofessional conduct or an 130 alleged crime. If the applicant has such a complaint, 131 allegation, or investigation pending, a board may not issue or 132 deny an occupational license or a government certification to 133 the applicant until the complaint, allegation, or investigation 134 is resolved or the applicant otherwise meets the criteria for an 135 occupational license or a government certification in this state 136 to the satisfaction of a board in this state. 137 9. The applicant pays all applicable fees in this state. 138 10. For an applicant seeking licensure as a dentist or 139 dental hygienist, he or she has graduated from a school approved 140 by the Commission on Dental Accreditation. 141 (b) If another licensing entity issued the applicant a 142 government certification but an occupational license is required 143 in this state to perform a lawful occupation, the applicable 144 board must issue an occupational license to the applicant if the 145 applicant otherwise satisfies paragraph (a). 146 (4) WORK EXPERIENCE.—Notwithstanding any other law, a board 147 must issue an occupational license or a government certification 148 to an applicant for such license or certification based on work 149 experience outside of this state or in the military if all of 150 the following apply: 151 (a) The applicant worked in a state that does not issue an 152 occupational license or a government certification to regulate a 153 lawful occupation or was a member of the military, but this 154 state issues an occupational license or a government 155 certification to regulate a lawful occupation with a similar 156 scope of practice, as determined by the board. 157 (b) The applicant has worked in the lawful occupation for 158 at least 3 years, worked the length of time required for 159 licensure or certification by endorsement for the occupational 160 license or government certification under another statute, or 161 worked the length of time required for licensure or 162 certification by endorsement by rule of the applicable board 163 adopted before January 1, 2023, whichever is greater. 164 (c) The applicant satisfies subparagraphs (3)(a)5.-10. 165 (5) RECOGNIZED PRIVATE CERTIFICATION.—Notwithstanding any 166 other law, except as provided in subsection (6), a board must 167 issue an occupational license or a government certification to 168 an applicant for such license or certification based on the 169 applicant holding a recognized private certification and the 170 applicant’s work experience outside of this state or in the 171 military if all of the following apply: 172 (a) The applicant holds a recognized private certification 173 and worked in a state that does not issue an occupational 174 license or a government certification to regulate a lawful 175 occupation or was a member of the military, but an occupational 176 license is required in this state for such lawful occupation, as 177 determined by the board. 178 (b) The applicant worked for at least 2 years, worked the 179 length of time required for licensure or certification by 180 endorsement for the occupational license or government 181 certification under another statute, or worked the length of 182 time required for licensure or certification by endorsement by 183 rule of the applicable board adopted before January 1, 2023, 184 whichever is greater. 185 (c) The applicant holds a current and valid recognized 186 private certification in the lawful occupation. 187 (d) The recognized private certification organization holds 188 the applicant in good standing. 189 (e) The applicant satisfies subparagraphs (3)(a)5.-10. 190 (6) ADDITIONAL REQUIREMENTS.— 191 (a) A board may require an applicant to pass an examination 192 specific to relevant state laws that regulate the occupation if 193 an occupational license or a government certification under this 194 chapter or chapter 456 requires such examination. 195 (b) In addition to the examination described in paragraph 196 (a), a board must require an applicant seeking to be licensed as 197 a general contractor, building contractor, residential 198 contractor, roofing contractor, specialty structure contractor, 199 glass and glazing contractor, commercial pool/spa contractor, 200 residential pool/spa contractor, or swimming pool/spa servicing 201 contractor to: 202 1. Successfully complete the examination for licensure 203 described in s. 489.113(1); and 204 2. Before being issued a certificate or registration, 205 successfully complete the following continuing education 206 courses, either in person or online: 207 a. For applicants seeking to be licensed as a commercial 208 pool/spa contractor, residential pool/spa contractor, or 209 swimming pool/spa servicing contractor, 2 hours of coursework on 210 the Florida Building Code which includes 1 hour on swimming 211 pool/spa electrical requirements and 1 hour of a swimming 212 pool/spa advanced module; or 213 b.(I) The number of required hours, as determined by the 214 Construction Industry Licensing Board, relating to laws and 215 rules related to the construction industry under this chapter 216 and part I of chapter 489 and the rules of the Construction 217 Industry Licensing Board, relating to wind mitigation 218 methodology and techniques incorporated in the Florida Building 219 Code; and 220 (II) For applicants seeking to be licensed as a general 221 contractor, building contractor, residential contractor, or 222 roofing contractor, a 2-hour course on the Florida Building Code 223 which includes information on wind mitigation techniques. 224 (c) Notwithstanding any other provision in this section, a 225 board for an occupation regulated under chapter 457, chapter 226 458, chapter 459, chapter 460, or chapter 461 shall require an 227 applicant to meet the requirements of s. 457.105, s. 458.313, s. 228 459.0055, s. 460.406, or s. 461.006, as applicable, before 229 issuing an occupational license or a government certification to 230 practice acupuncture, oriental medicine, medicine, osteopathic 231 medicine, chiropractic medicine, or podiatric medicine. 232 (7) PRESUMPTION OF APPROVAL; DECISION.—Unless a board can 233 demonstrate a substantial difference between the licensure or 234 certification requirements of another licensing entity and this 235 state, there is a presumption that an applicant who holds a 236 valid occupational license, government certification, or 237 recognized private certification, or otherwise meets the 238 requirements to be issued an occupational license for a lawful 239 occupation, and is in good standing with another licensing 240 entity is qualified for an occupational license or a government 241 certification in this state and must be approved by the board. A 242 board shall provide an applicant with a written decision 243 regarding his or her application within 90 days after receipt of 244 a completed application. 245 (8) APPEAL.— 246 (a) The applicant may appeal the board’s decision to the 247 Division of Administrative Hearings. 248 (b) The applicant may appeal the board’s: 249 1. Denial of an occupational license or a government 250 certification; 251 2. Determination of the validity of an occupational license 252 or a government certification; 253 3. Determination of the similarity of the scope of practice 254 of the occupational license or government certification held by 255 the applicant; or 256 4. Determination of a disqualifying criminal record. 257 (9) STATE LAWS AND JURISDICTION.—An applicant who obtains 258 an occupational license or a government certification pursuant 259 to this section is subject to: 260 (a) The laws regulating the occupation in this state; and 261 (b) The jurisdiction of the applicable board in this state. 262 (10) EXCEPTION.—This section does not apply to an 263 occupation regulated by the Florida Supreme Court or any 264 occupation regulated under chapter 473, relating to public 265 accountancy. 266 (11) CONSTRUCTION.— 267 (a) This section may not be construed to prohibit an 268 individual from applying for an occupational license or a 269 government certification under another law or rule. 270 (b) An occupational license or a government certification 271 issued pursuant to this section is valid only in this state. 272 Such license or certification does not make the individual 273 eligible to work outside this state under an interstate compact 274 or a reciprocity agreement unless otherwise provided in law. 275 (c) This section may not be construed to prevent this state 276 from entering into a licensing compact or reciprocity agreement 277 with another state, United States territory, foreign province, 278 foreign country, international organization, or other entity. 279 (d) This section may not be construed to prevent boards in 280 this state from recognizing occupational licenses or government 281 certifications issued by a recognized private certification 282 organization, a foreign province, a foreign country, an 283 international organization, or other entity. 284 (e) This section may not be construed to require a 285 recognized private certification organization to grant or deny 286 recognized private certification to any individual. 287 (12) EMERGENCY POWERS.— 288 (a) During a state of emergency declared by the Governor, 289 the Governor may order the recognition of occupational licenses 290 from other licensing entities. 291 (b) The Governor may expand any occupational license’s 292 scope of practice and may authorize licensees to provide 293 services in this state in person, telephonically, or by other 294 means for the duration of the emergency. 295 (13) ANNUAL REPORT.—Each board shall submit an annual 296 report to the President of the Senate and the Speaker of the 297 House of Representatives, and publish the report on its 298 respective website, by December 31 of each year, detailing the 299 number of applications for licenses or certifications submitted 300 pursuant to this section, the number of licenses or 301 certifications issued pursuant to this section, and the number 302 of completed applications submitted pursuant to this section 303 which were denied and the reason for each denial. 304 (14) RULEMAKING.— 305 (a) The Department of Business and Professional Regulation 306 and the Department of Health shall, for the boards under their 307 respective jurisdiction, adopt rules to administer this section. 308 (b) Each board shall adopt rules for determining whether a 309 scope of practice or examination is similar to the scope of 310 practice of, or examination for, a lawful occupation regulated 311 by the board in this state. 312 (15) VETERANS ONLINE PORTAL.—Contingent upon the 313 appropriation of funds for that purpose by the Legislature, the 314 Department of Veterans’ Affairs shall establish a one-stop 315 online portal system that allows former and present members of 316 the military and their dependents to enter and verify their 317 military credentials, government certifications, occupational 318 licenses, or recognized private certifications. The Department 319 of Business and Professional Regulation and the Department of 320 Health shall, for the boards under their respective 321 jurisdiction, use this system to verify credentials for 322 applicants under this section. 323 Section 2. Section 456.0365, Florida Statutes, is created 324 to read: 325 456.0365 Applicability of the Interstate-Mobility and 326 Universal-Recognition Occupational Licensing Act.—Except as 327 provided in s. 455.2135(10), s. 455.2135 applies to professions 328 regulated by the department under this chapter. 329 Section 3. This act shall take effect July 1, 2024.