Bill Text: FL S1364 | 2023 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Interstate-Mobility and Universal-Recognition Occupational Licensing Act

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2023-05-05 - Died on Calendar [S1364 Detail]

Download: Florida-2023-S1364-Introduced.html

---

       Florida Senate - 2023                                    SB 1364
       
       
        
       By Senator Collins
       
       
       
       
       
       14-01118B-23                                          20231364__
    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 government certification to
    8         persons under certain circumstances; authorizing such
    9         entities to require a person to pass a specified
   10         examination under certain circumstances; providing a
   11         presumption that the applications of certain
   12         individuals will be approved; requiring such entities
   13         to provide a written decision to an applicant within a
   14         specified timeframe; authorizing a person to appeal a
   15         decision made under the act; specifying that a person
   16         licensed or certified under the act is still subject
   17         to specified laws and entities; providing
   18         construction; authorizing the Governor to take certain
   19         actions relating to occupational licenses during
   20         declared states of emergency; requiring such entities
   21         to submit an annual report to the Legislature by a
   22         specified date; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 455.2135, Florida Statutes, is created
   27  to read:
   28         455.2135 Interstate-Mobility and Universal-Recognition
   29  Occupational Licensing Act.—
   30         (1) SHORT TITLE.—This section may be cited as the
   31  “Interstate-Mobility and Universal-Recognition Occupational
   32  Licensing Act.”
   33         (2) DEFINITIONS.—As used in this section, the term:
   34         (a) “Board” means an agency, board, department, or other
   35  governmental entity that regulates a lawful occupation under
   36  this chapter or chapter 456 and issues an occupational license
   37  or government certification to an individual.
   38         (b) “Government certification” means a voluntary,
   39  government-granted, and nontransferable recognition granted to
   40  an individual who meets personal qualifications related to a
   41  lawful occupation. The term includes a military certification
   42  for a lawful occupation. The term does not include credentials,
   43  such as those used for medical board certification or held by a
   44  certified public accountant, that are prerequisites to working
   45  lawfully in an occupation.
   46         (c) “Lawful occupation” means a course of conduct, pursuit,
   47  or profession that includes lawful the sale of goods or services
   48  to sell regardless of whether the individual selling them is
   49  subject to an occupational license.
   50         (d) “Military” means the Armed Forces of the United States,
   51  including the Air Force, Army, Coast Guard, Marine Corps, Navy,
   52  Space Force, National Guard, and all reserve components and
   53  auxiliaries. The term also includes the military reserves and
   54  militia of any United States territory or state.
   55         (e) “Occupational license” means a nontransferable
   56  authorization in law for an individual to exclusively perform a
   57  lawful occupation based on meeting personal qualifications. The
   58  term includes a military occupational specialty.
   59         (f) “Other licensing entity” or “another licensing entity”
   60  means any United States territory or state in the United States
   61  other than this state which issues occupational licenses or
   62  government certifications. The term includes the military.
   63         (g) “Private certification” means a voluntary program in
   64  which a private organization grants nontransferable recognition
   65  to an individual who meets personal qualifications and standards
   66  relevant to performing the occupation, as determined by the
   67  private organization.
   68         (h) “Scope of practice” means the procedures, actions,
   69  processes, and work that a person may perform under an
   70  occupational license or government certification issued in this
   71  state.
   72         (3) OCCUPATIONAL LICENSE OR GOVERNMENT CERTIFICATION.—
   73         (a) Notwithstanding any other law, a board must issue an
   74  occupational license or government certification to a person
   75  applying to a board for such license or certification if all of
   76  the following apply:
   77         1. The person holds a current and valid occupational
   78  license or government certification by another licensing entity
   79  in a lawful occupation with a similar scope of practice, as
   80  determined by a board in this state.
   81         2. The person has held the occupational license or
   82  government certification by another licensing entity for at
   83  least 1 year.
   84         3. A board for the other licensing entity required the
   85  person to pass an examination or meet education, training, or
   86  experience standards.
   87         4. A board for the other licensing entity holds the person
   88  in good standing.
   89         5. The person does not have a disqualifying criminal record
   90  as determined by a board in this state.
   91         6. A board for another licensing entity has not revoked the
   92  person’s occupational license or government certification
   93  because of negligence or intentional misconduct related to the
   94  person’s work in the occupation.
   95         7. The person did not surrender an occupational license or
   96  government certification, or have such license or certification
   97  revoked, because of negligence or intentional misconduct related
   98  to the person’s work in the occupation in another state or in
   99  the military.
  100         8. The person does not have a complaint, allegation, or
  101  investigation pending before a board for another licensing
  102  entity which relates to unprofessional conduct or an alleged
  103  crime. If the person has a complaint, allegation, or
  104  investigation pending, a board may not issue or deny an
  105  occupational license or government certification to the person
  106  until the complaint, allegation, or investigation is resolved or
  107  the person otherwise meets the criteria for an occupational
  108  license or government certification in this state to the
  109  satisfaction of a board in this state.
  110         9. The person pays all applicable fees in this state.
  111         (b) If another licensing entity issued the person a
  112  government certification but this state requires an occupational
  113  license to work, a board must issue an occupational license to
  114  the person if the person otherwise satisfies paragraph (a).
  115         (4) WORK EXPERIENCE.—Notwithstanding any other law, a board
  116  must issue an occupational license or government certification
  117  to a person applying to the board for such license or
  118  certification based on work experience in another state or the
  119  military if all of the following apply:
  120         (a) The person worked in a state that does not use an
  121  occupational license or government certification to regulate a
  122  lawful occupation or was a member of the military, but this
  123  state uses an occupational license or government certification
  124  to regulate a lawful occupation with a similar scope of
  125  practice, as determined by the board.
  126         (b) The person worked for at least 3 years in the lawful
  127  occupation.
  128         (c) The person satisfies paragraph (3)(a).
  129         (5) PRIVATE CERTIFICATION.—Notwithstanding any other law, a
  130  board must issue an occupational license or government
  131  certification to a person applying for such license or
  132  certification based on the person holding a private
  133  certification and the person’s work experience in another state
  134  or the military if all of the following apply:
  135         (a) The person holds a private certification and worked in
  136  a state that does not use an occupational license or government
  137  certification to regulate a lawful occupation or was a member of
  138  the military, but this state uses an occupational license or
  139  government certification to regulate a lawful occupation with a
  140  similar scope of practice, as determined by the board.
  141         (b) The person worked for at least 2 years in the lawful
  142  occupation.
  143         (c) The person holds a current and valid private
  144  certification in the lawful occupation.
  145         (d) The private certification organization holds the person
  146  in good standing.
  147         (e) The person satisfies subparagraphs (3)(a)5.-9.
  148         (6) STATE EXAMINATION.—A board may require a person to pass
  149  a jurisprudential examination specific to relevant state laws
  150  that regulate the occupation if an occupational license or
  151  government certification under this chapter or chapter 456
  152  requires such examination.
  153         (7) PRESUMPTION OF APPROVAL; DECISION.—Unless a board can
  154  demonstrate a substantial difference between licensure or
  155  certification requirements of another licensing entity and this
  156  state, there is a presumption that an applicant who holds a
  157  valid occupational license, government certification, or private
  158  certification, or otherwise meets the requirements to be
  159  credentialed for a lawful occupation, and is in good standing in
  160  another state is qualified for an occupational license or
  161  government certification in this state and must be approved by
  162  the board. A board shall provide an applicant with a written
  163  decision regarding his or her application within 90 days after
  164  receiving a complete application.
  165         (8) APPEAL.—
  166         (a) The person may appeal the board’s decision to the
  167  Division of Administrative Hearings.
  168         (b) The person may appeal the board’s:
  169         1. Denial of an occupational license or government
  170  certification;
  171         2. Determination of the occupation;
  172         3. Determination of the similarity of the scope of practice
  173  of the occupational license or government certification issued;
  174  or
  175         4. Other determinations made under this section.
  176         (9) STATE LAWS AND JURISDICTION.—A person who obtains an
  177  occupational license or a government certification pursuant to
  178  this section is subject to:
  179         (a) The laws regulating the occupation in this state; and
  180         (b) The jurisdiction of the board in this state.
  181         (10) EXCEPTION.—This section does not apply to an
  182  occupation regulated by the Florida Supreme Court.
  183         (11) CONSTRUCTION.—
  184         (a) This section may not be construed to prohibit a person
  185  from applying for an occupational license or a government
  186  certification under another law or rule.
  187         (b) An occupational license or a government certification
  188  issued pursuant to this section is valid only in this state.
  189  Such license or certification does not make the person eligible
  190  to work in another state under an interstate compact or a
  191  reciprocity agreement unless otherwise provided in law.
  192         (c) This section may not be construed to prevent this state
  193  from entering into a licensing compact or reciprocity agreement
  194  with another state, foreign province, foreign country,
  195  international organization, or other entity.
  196         (d) This section may not be construed to prevent this state
  197  from recognizing occupational credentials issued by a private
  198  certification organization, foreign province, foreign country,
  199  international organization, or other entity.
  200         (e) This section may not be construed to require a private
  201  certification organization to grant or deny private
  202  certification to any individual.
  203         (12) EMERGENCY POWERS.—
  204         (a) During a state of emergency declared by the Governor,
  205  the Governor may order the recognition of occupational licenses
  206  from other licensing entities or from a foreign country as if
  207  the licenses were issued in this state.
  208         (b) The Governor may expand any occupational license’s
  209  scope of practice and may authorize licensees to provide
  210  services in this state in person, telephonically, or by other
  211  means for the duration of the emergency.
  212         (13) Each board shall submit an annual report to the
  213  President of the Senate and the Speaker of the House of
  214  Representatives by December 31 of each year, detailing the
  215  number of licenses or certifications issued pursuant to this
  216  section, the number of applications submitted pursuant to this
  217  section which were denied, and the reason for each denial.
  218         Section 2. This act shall take effect July 1, 2023.