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 entityor “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.