Bill Text: FL S1364 | 2023 | Regular Session | Comm Sub

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

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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-Comm_Sub.html

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       Florida Senate - 2023                      CS for CS for SB 1364
       
       
        
       By the Appropriations Committee on Agriculture, Environment, and
       General Government; the Committee on Regulated Industries; and
       Senators Collins, Burgess, and Calatayud
       
       
       
       601-03984-23                                          20231364c2
    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 held the occupational license or
   99  government certification issued by another licensing entity for
  100  at least 1 year.
  101         3. A board for the other licensing entity required the
  102  applicant to meet at least two of the following three
  103  requirements:
  104         a. Pass an examination.
  105         b. Meet specified education or training standards.
  106         c. Meet specified experience standards.
  107         4. A board for the other licensing entity holds the
  108  applicant in good standing.
  109         5. The applicant does not have a criminal record or
  110  professional disciplinary action in any jurisdiction that would
  111  disqualify the applicant from licensure in this state, as
  112  determined by the appropriate board; and the applicant has met
  113  the general background screening requirements under s. 456.0135,
  114  if applicable.
  115         6. A board in this state or a board for another licensing
  116  entity has not revoked the applicant’s occupational license or
  117  government certification.
  118         7. The applicant did not surrender an occupational license
  119  or a government certification, or have such license or
  120  certification revoked, because of negligence or intentional
  121  misconduct related to the applicant’s work in the occupation
  122  outside of this state or in the military.
  123         8. The applicant does not have a complaint, an allegation,
  124  or an investigation formally pending before a board for another
  125  licensing entity which relates to unprofessional conduct or an
  126  alleged crime. If the applicant has such a complaint,
  127  allegation, or investigation pending, a board may not issue or
  128  deny an occupational license or a government certification to
  129  the applicant until the complaint, allegation, or investigation
  130  is resolved or the applicant otherwise meets the criteria for an
  131  occupational license or a government certification in this state
  132  to the satisfaction of a board in this state.
  133         9. The applicant pays all applicable fees in this state.
  134         (b) If another licensing entity issued the applicant a
  135  government certification but an occupational license is required
  136  in this state to perform a lawful occupation, the applicable
  137  board must issue an occupational license to the applicant if the
  138  applicant otherwise satisfies paragraph (a).
  139         (4) WORK EXPERIENCE.—Notwithstanding any other law, a board
  140  must issue an occupational license or a government certification
  141  to an applicant for such license or certification based on work
  142  experience outside of this state or in the military if all of
  143  the following apply:
  144         (a) The applicant worked in a state that does not issue an
  145  occupational license or a government certification to regulate a
  146  lawful occupation or was a member of the military, but this
  147  state issues an occupational license or a government
  148  certification to regulate a lawful occupation with a similar
  149  scope of practice, as determined by the board.
  150         (b) The applicant worked for at least 3 years in the lawful
  151  occupation.
  152         (c) The applicant satisfies subparagraphs (3)(a)5.-9.
  153         (5) RECOGNIZED PRIVATE CERTIFICATION.—Notwithstanding any
  154  other law, except as provided in subsection (6), a board must
  155  issue an occupational license or a government certification to
  156  an applicant for such license or certification based on the
  157  applicant holding a recognized private certification and the
  158  applicant’s work experience outside of this state or in the
  159  military if all of the following apply:
  160         (a) The applicant holds a recognized private certification
  161  and worked in a state that does not issue an occupational
  162  license or a government certification to regulate a lawful
  163  occupation or was a member of the military, but an occupational
  164  license is required in this state for such lawful occupation, as
  165  determined by the board.
  166         (b) The applicant worked for at least 2 years in the lawful
  167  occupation.
  168         (c) The applicant holds a current and valid private
  169  certification in the lawful occupation.
  170         (d) The recognized private certification organization holds
  171  the applicant in good standing.
  172         (e) The applicant satisfies subparagraphs (3)(a)5.-9.
  173         (6) ADDITIONAL REQUIREMENTS.—
  174         (a) A board may require an applicant to pass an examination
  175  specific to relevant state laws that regulate the occupation if
  176  an occupational license or a government certification under this
  177  chapter or chapter 456 requires such examination.
  178         (b) In addition to the examination described in paragraph
  179  (a), a board must require an applicant seeking to be licensed as
  180  a general contractor, building contractor, residential
  181  contractor, roofing contractor, specialty structure contractor,
  182  or glass and glazing contractor to:
  183         1. Successfully complete the examination for licensure
  184  described in s. 489.113(1); and
  185         2. Before being issued a certificate or registration,
  186  successfully complete the following continuing education
  187  courses, either in person or online:
  188         a. The number of required hours, as determined by the
  189  Construction Industry Licensing Board, relating to laws and
  190  rules related to the construction industry in chapter 455 and
  191  part 1 of chapter 489 and the rules of the Construction Industry
  192  Licensing Board, and relating to wind mitigation methodology and
  193  techniques incorporated in the Florida Building Code; and
  194         b. For applicants seeking to be licensed as a general
  195  contractor, building contractor, residential contractor, or
  196  roofing contractor, a 2-hour course on the Florida Building Code
  197  which includes information on wind mitigation techniques.
  198         (c) Notwithstanding any other provision in this section, a
  199  board for an occupation regulated under chapter 458, chapter
  200  459, or chapter 461 shall require an applicant to meet the
  201  requirements of s. 458.313, s. 459.0055, or s. 461.006, as
  202  applicable, before issuing an occupational license or a
  203  government certification to practice medicine, osteopathic
  204  medicine, or podiatric medicine.
  205         (7) PRESUMPTION OF APPROVAL; DECISION.—Unless a board can
  206  demonstrate a substantial difference between the licensure or
  207  certification requirements of another licensing entity and this
  208  state, there is a presumption that an applicant who holds a
  209  valid occupational license, government certification, or private
  210  certification, or otherwise meets the requirements to be issued
  211  an occupational license for a lawful occupation, and is in good
  212  standing with another licensing entity is qualified for an
  213  occupational license or a government certification in this state
  214  and must be approved by the board. A board shall provide an
  215  applicant with a written decision regarding his or her
  216  application within 90 days after receipt of a completed
  217  application.
  218         (8) APPEAL.—
  219         (a) The applicant may appeal the board’s decision to the
  220  Division of Administrative Hearings.
  221         (b) The applicant may appeal the board’s:
  222         1. Denial of an occupational license or a government
  223  certification;
  224         2. Determination of the validity of an occupational license
  225  or a government certification;
  226         3. Determination of the similarity of the scope of practice
  227  of the occupational license or government certification held by
  228  the applicant; or
  229         4. Determination of a disqualifying criminal record.
  230         (9) STATE LAWS AND JURISDICTION.—An applicant who obtains
  231  an occupational license or a government certification pursuant
  232  to this section is subject to:
  233         (a) The laws regulating the occupation in this state; and
  234         (b) The jurisdiction of the applicable board in this state.
  235         (10) EXCEPTION.—This section does not apply to an
  236  occupation regulated by the Florida Supreme Court or any
  237  occupation regulated under chapter 473, relating to public
  238  accountancy.
  239         (11) CONSTRUCTION.—
  240         (a) This section may not be construed to prohibit an
  241  individual from applying for an occupational license or a
  242  government certification under another law or rule.
  243         (b) An occupational license or a government certification
  244  issued pursuant to this section is valid only in this state.
  245  Such license or certification does not make the individual
  246  eligible to work outside this state under an interstate compact
  247  or a reciprocity agreement unless otherwise provided in law.
  248         (c) This section may not be construed to prevent this state
  249  from entering into a licensing compact or reciprocity agreement
  250  with another state, United States territory, foreign province,
  251  foreign country, international organization, or other entity.
  252         (d) This section may not be construed to prevent boards in
  253  this state from recognizing occupational licenses or government
  254  certifications issued by a private certification organization,
  255  foreign province, foreign country, international organization,
  256  or other entity.
  257         (e) This section may not be construed to require a private
  258  certification organization to grant or deny private
  259  certification to any individual.
  260         (12) EMERGENCY POWERS.—
  261         (a) During a state of emergency declared by the Governor,
  262  the Governor may order the recognition of occupational licenses
  263  from other licensing entities.
  264         (b) The Governor may expand any occupational license’s
  265  scope of practice and may authorize licensees to provide
  266  services in this state in person, telephonically, or by other
  267  means for the duration of the emergency.
  268         (13) ANNUAL REPORT.—Each board shall submit an annual
  269  report to the President of the Senate and the Speaker of the
  270  House of Representatives by December 31 of each year, detailing
  271  the number of licenses or certifications issued pursuant to this
  272  section, the number of completed applications submitted pursuant
  273  to this section which were denied, and the reason for each
  274  denial.
  275         (14) RULEMAKING.—
  276         (a) The Department of Business and Professional Regulation
  277  and the Department of Health shall, for the boards under their
  278  respective jurisdiction, adopt rules to administer this section.
  279         (b) Each board shall adopt rules for determining whether a
  280  scope of practice is similar to the scope of practice of a
  281  lawful occupation regulated by the board in this state.
  282         (15) VETERANS ONLINE PORTAL.—Contingent upon the
  283  appropriation of funds for that purpose by the Legislature, the
  284  Department of Veterans’ Affairs shall establish a one-stop
  285  online portal system that allows former and present members of
  286  the military and their dependents to enter and verify their
  287  military credentials, government certifications, occupational
  288  licenses, or recognized private certifications. The Department
  289  of Business and Professional Regulation and the Department of
  290  Health shall, for the boards under their respective
  291  jurisdiction, use this system to verify credentials for
  292  applicants under this section.
  293         Section 2. Section 456.0365, Florida Statutes, is created
  294  to read:
  295         456.0365 Applicability of the Interstate-Mobility and
  296  Universal-Recognition Occupational Licensing Act.—Except as
  297  provided in s. 455.2135(10), s. 455.2135 applies to professions
  298  regulated by the department under this chapter.
  299  Section 3. This act shall take effect July 1, 2023.