Bill Text: FL S1114 | 2018 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Professional Regulation
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Failed) 2018-03-10 - Died in Appropriations [S1114 Detail]
Download: Florida-2018-S1114-Introduced.html
Bill Title: Professional Regulation
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Failed) 2018-03-10 - Died in Appropriations [S1114 Detail]
Download: Florida-2018-S1114-Introduced.html
Florida Senate - 2018 SB 1114 By Senator Brandes 24-01276A-18 20181114__ 1 A bill to be entitled 2 An act relating to professional regulation; amending 3 s. 120.565, F.S.; authorizing a person to seek a 4 declaratory statement from an agency as to the effect 5 of the person’s criminal background on his or her 6 eligibility for certain licenses, registrations, or 7 certificates; specifying that a person may seek a 8 declaratory statement before meeting any prerequisites 9 for the license, registration, or certification; 10 requiring that an agency’s conclusion in the 11 declaratory statement contain certain statements; 12 providing that the agency’s conclusion is binding 13 except under certain circumstances; requiring a person 14 seeking a declaratory statement to submit certain 15 items to the agency and pay certain fees and costs; 16 providing requirements for the processing of the 17 fingerprints; requiring the petitioner to pay the 18 actual cost of processing the fingerprints; amending 19 s. 455.213, F.S.; conforming a cross-reference; 20 requiring the board to use a specified process for the 21 review of an applicant’s criminal record to determine 22 the applicant’s eligibility for certain licenses; 23 prohibiting the conviction of a crime before a 24 specified date from being grounds for the denial of 25 certain licenses; defining the term “conviction”; 26 authorizing a person to apply for a license before his 27 or her lawful release from confinement or supervision; 28 prohibiting additional fees for an applicant confined 29 or under supervision; prohibiting the board from 30 basing a denial of a license application solely on the 31 applicant’s current confinement or supervision; 32 authorizing the board to stay the issuance of an 33 approved license under certain circumstances; 34 requiring the board to verify an applicant’s release 35 with the Department of Corrections; providing 36 requirements for the appearance of certain applicants 37 at certain meetings; requiring the board to adopt 38 rules specifying how certain crimes affect an 39 applicant’s eligibility for licensure; amending s. 40 464.203, F.S.; prohibiting the conviction of a crime 41 before a specified date from being grounds for the 42 denial of a certification under certain circumstances; 43 prohibiting the conviction of a crime before a 44 specified date from being grounds for the failure of a 45 background screening; defining the term “conviction”; 46 authorizing a person to apply for certification before 47 his or her lawful release from confinement or 48 supervision; prohibiting additional fees for an 49 applicant confined or under supervision; prohibiting 50 the board from basing the denial of a certification 51 solely on the applicant’s current confinement or 52 supervision; authorizing the board to stay the 53 issuance of an approved certificate under certain 54 circumstances; requiring the board to verify an 55 applicant’s release with the Department of 56 Corrections; providing requirements for the appearance 57 of certain applicants at certain meetings; requiring 58 the board to adopt rules specifying how certain crimes 59 may affect an applicant’s eligibility for 60 certification; amending s. 400.211, F.S.; conforming a 61 cross-reference; providing an effective date. 62 63 Be It Enacted by the Legislature of the State of Florida: 64 65 Section 1. Subsection (4) is added to section 120.565, 66 Florida Statutes, to read: 67 120.565 Declaratory statement by agencies.— 68 (4)(a) Any person may seek a declaratory statement 69 regarding an agency’s opinion as to the effect of the 70 petitioner’s criminal background on his or her eligibility for a 71 specific occupational or professional license, registration, or 72 certificate issued by the agency based on the applicable 73 statutes and rules for the occupation or profession. The 74 petition may include mitigating factors or other information the 75 petitioner believes relevant to establish the petitioner’s 76 eligibility, including, but not limited to, the time elapsed 77 since completion of or lawful release from confinement, 78 supervision, or nonmonetary condition imposed by the court for a 79 disqualifying offense, and the petitioner’s standing in his or 80 her community. A person may seek a declaratory statement under 81 this subsection before attaining any education, training, 82 experience, or other prerequisites for the license, 83 registration, or certification. 84 (b) The agency’s conclusion in the declaratory statement 85 must indicate whether: 86 1. The petitioner is disqualified from obtaining the 87 license, registration, or certification due to the petitioner’s 88 criminal background, regardless of the petitioner’s education, 89 training, experience, or other prerequisites required for the 90 license, registration, or certification. 91 2. The petitioner is not eligible for a specified 92 occupational or professional license, registration, or 93 certification because of his or her criminal background, but 94 that the conclusion may be reversed upon the petitioner’s 95 presentation of evidence of rehabilitation or mitigation 96 identified by the agency in the declaratory statement at any 97 time subsequent to the issuance of the declaratory statement. 98 3. Federal laws or regulations may impede the petitioner’s 99 licensure, registration, or certification in the profession or 100 occupation. 101 4. Conditions or restrictions imposed by the court on the 102 petitioner for a disqualifying offense may impede the 103 petitioner’s licensure, registration, or certification in the 104 profession or occupation. 105 (c) The agency’s conclusion in the declaratory statement 106 shall be binding on the agency as to the petitioner, unless the 107 petitioner’s subsequent criminal history constitutes an 108 independent basis for denial of the petitioner’s application for 109 a license, registration, or certification in the profession or 110 occupation. The agency’s conclusion is subject to judicial 111 review pursuant to s. 120.68. 112 (d) A person seeking a declaratory statement under this 113 subsection must submit to the agency, in addition to the 114 petition for a declaratory statement: 115 1. A fee set by the agency not to exceed $100; 116 2. A certified copy of each criminal judgment rendered 117 against the petitioner; and 118 3. A complete set of electronic fingerprints. 119 (e) The agency shall submit the fingerprints to the 120 Department of Law Enforcement for a state criminal history 121 record check and the Department of Law Enforcement shall forward 122 them to the Federal Bureau of Investigation for a national 123 criminal history record check. The agency shall review the 124 criminal history record results to determine if the petitioner 125 meets licensure, registration, or certification requirements. 126 The petitioner shall pay the actual cost of state and federal 127 processing in addition to the fee in subparagraph (d)1. 128 Section 2. Present subsections (3) through (12) of section 129 455.213, Florida Statutes, are redesignated as subsections (4) 130 through (13), respectively, subsection (2) of that section is 131 amended, and a new subsection (3) is added to that section, to 132 read: 133 455.213 General licensing provisions.— 134 (2) Before the issuance of any license, the department may 135 charge an initial license fee as determined by rule of the 136 applicable board or, if no such board exists, by rule of the 137 department. Upon receipt of the appropriate license fee, except 138 as provided in subsection (4)(3), the department shall issue a 139 license to any person certified by the appropriate board, or its 140 designee, or the department when there is no board, as having 141 met the applicable requirements imposed by law or rule. However, 142 an applicant who is not otherwise qualified for licensure is not 143 entitled to licensure solely based on a passing score on a 144 required examination. Upon a determination by the department 145 that it erroneously issued a license, or upon the revocation of 146 a license by the applicable board, or by the department when 147 there is no board, the licensee must surrender his or her 148 license to the department. 149 (3)(a) Notwithstanding any other provision of law, the 150 board shall use the process in this subsection for review of an 151 applicant’s criminal record to determine his or her eligibility 152 for licensure as a: 153 1. Barber under chapter 476; 154 2. Cosmetologist or cosmetology specialist under chapter 155 477; or 156 3. Any of the following construction professions under 157 chapter 489: 158 a. Air-conditioning contractor; 159 b. Electrical contractor; 160 c. Mechanical contractor; 161 d. Plumbing contractor; 162 e. Pollutant storage systems contractor; 163 f. Roofing contractor; 164 g. Septic tank contractor; 165 h. Sheet metal contractor; 166 i. Solar contractor; 167 j. Swimming pool and spa contractor; 168 k. Underground utility and excavation contractor; and 169 l. Other specialty contractors. 170 (b) A conviction for a crime more than 5 years before the 171 date of the application may not be grounds for denial of a 172 license specified in paragraph (a). For purposes of this 173 paragraph, the term “conviction” means a determination of guilt 174 that is the result of a plea or trial, regardless of whether 175 adjudication is withheld. 176 (c)1. A person may apply for a license before his or her 177 lawful release from confinement or supervision. The department 178 may not charge an applicant an additional fee for being confined 179 or under supervision. The board may not deny an application for 180 a license solely on the basis of the applicant’s current 181 confinement or supervision. 182 2. After a license application is approved, the board may 183 stay the issuance of a license until the applicant is lawfully 184 released from confinement or supervision and the applicant 185 notifies the board of such release. The board must verify the 186 applicant’s release with the Department of Corrections before it 187 issues a license. 188 3. If an applicant is unable to appear in person due to his 189 or her confinement or supervision, the board must permit the 190 applicant to appear by teleconference or video conference, as 191 appropriate, at any meeting of the board or other hearing by the 192 agency concerning his or her application. 193 4. If an applicant is confined or under supervision, the 194 Department of Corrections and the board shall cooperate and 195 coordinate to facilitate the appearance of the applicant at a 196 board meeting or agency hearing in person, by teleconference, or 197 by video conference, as appropriate. 198 (d) The board shall adopt rules specifying the crimes that, 199 if committed, and regardless of adjudication, do not relate to 200 the practice of the profession or the ability to practice the 201 profession and do not constitute grounds for denial of a 202 license. 203 (e) The board shall adopt rules specifying the crimes that, 204 if committed, and regardless of adjudication, relate to the 205 practice of the profession or the ability to practice the 206 profession and may constitute grounds for denial of a license. 207 Section 3. Present subsections (2) through (8) of section 208 464.203, Florida Statutes, are redesignated as subsections (3) 209 through (9), respectively, and a new subsection (2) is added to 210 that section, to read: 211 464.203 Certified nursing assistants; certification 212 requirement.— 213 (2)(a)1. Except as provided in s. 435.07(4), a conviction 214 for a crime more than 7 years before the date of the application 215 may not be grounds for denial of a certificate to practice as a 216 certified nursing assistant. 217 2. Except as provided in s. 435.07(4), a conviction for a 218 crime more than 7 years before the date of the application may 219 not be grounds for failure of a required background screening. 220 3. For purposes of this paragraph, the term “conviction” 221 means a determination of guilt that is the result of a plea or 222 trial, regardless of whether adjudication is withheld. 223 (b)1. A person may apply for a certificate to practice as a 224 certified nursing assistant before his or her lawful release 225 from confinement or supervision. The department may not charge 226 an applicant an additional fee for being confined or under 227 supervision. The board may not deny an application for a 228 certificate solely on the basis of the person’s current 229 confinement or supervision. 230 2. After a certification application is approved, the board 231 may stay the issuance of a certificate until the applicant 232 notifies the board of his or her lawful release from confinement 233 or supervision. The board must verify the applicant’s release 234 with the Department of Corrections before it issues a license. 235 3. If an applicant is unable to appear in person due to his 236 or her confinement or supervision, the board must permit the 237 applicant to appear by teleconference or video conference, as 238 appropriate, at any meeting of the board or other hearing by the 239 agency concerning his or her application. 240 4. If an applicant is confined or under supervision, the 241 Department of Corrections and the board shall cooperate and 242 coordinate to facilitate the appearance of the applicant at a 243 board meeting or agency hearing in person, by teleconference, or 244 by video conference, as appropriate. 245 (d) The board shall adopt rules specifying the crimes that, 246 if committed, and regardless of adjudication, do not relate to 247 the practice of the profession or the ability to practice the 248 profession and do not constitute grounds for denial of a 249 certification. 250 (e) The board shall adopt rules specifying the crimes that, 251 if committed, and regardless of adjudication, relate to the 252 practice of the profession or the ability to practice the 253 profession and may constitute grounds for denial of a 254 certification. 255 Section 4. Subsection (4) of section 400.211, Florida 256 Statutes, is amended to read: 257 400.211 Persons employed as nursing assistants; 258 certification requirement.— 259 (4) When employed by a nursing home facility for a 12-month 260 period or longer, a nursing assistant, to maintain 261 certification, shall submit to a performance review every 12 262 months and must receive regular inservice education based on the 263 outcome of such reviews. The inservice training must meet all of 264 the following requirements: 265 (a) Be sufficient to ensure the continuing competence of 266 nursing assistants and must meet the standard specified in s. 267 464.203(8).s. 464.203(7);268 (b) Include, at a minimum: 269 1. Techniques for assisting with eating and proper feeding; 270 2. Principles of adequate nutrition and hydration; 271 3. Techniques for assisting and responding to the 272 cognitively impaired resident or the resident with difficult 273 behaviors; 274 4. Techniques for caring for the resident at the end-of 275 life; and 276 5. Recognizing changes that place a resident at risk for 277 pressure ulcers and falls.; and278 (c) Address areas of weakness as determined in nursing 279 assistant performance reviews and may address the special needs 280 of residents as determined by the nursing home facility staff. 281 282 Costs associated with this training may not be reimbursed from 283 additional Medicaid funding through interim rate adjustments. 284 Section 5. This act shall take effect July 1, 2018.