Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. PCS (578002) for SB 1318
       
       
       
       
       
       
                                Ì238822+Î238822                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Appropriations (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 181 - 265
    4  and insert:
    5         (b) Except as provided in s. 435.07(4) and convictions
    6  pursuant to chapter 812, a conviction for a crime more than 5
    7  years before the date of the application may not be grounds for
    8  denial of a license specified in paragraph (a). For purposes of
    9  this paragraph, the term “conviction” means having been found
   10  guilty, with or without adjudication of guilt, as a result of a
   11  jury verdict, nonjury trial, or entry of a plea of guilty or
   12  nolo contendere.
   13         (c)1. A person may apply for a license before his or her
   14  lawful release from confinement or supervision. The department
   15  may not charge an applicant an additional fee for being confined
   16  or under supervision. The board may not deny an application for
   17  a license solely on the basis of the applicant’s current
   18  confinement or supervision.
   19         2. After a license application is approved, the board may
   20  stay the issuance of a license until the applicant is lawfully
   21  released from confinement or supervision and the applicant
   22  notifies the board of such release. The board must verify the
   23  applicant’s release with the Department of Corrections before it
   24  issues a license.
   25         3. If an applicant is unable to appear in person due to his
   26  or her confinement or supervision, the board must permit the
   27  applicant to appear by teleconference or video conference, as
   28  appropriate, at any meeting of the board or other hearing by the
   29  agency concerning his or her application.
   30         4. If an applicant is confined or under supervision, the
   31  Department of Corrections and the board shall cooperate and
   32  coordinate to facilitate the appearance of the applicant at a
   33  board meeting or agency hearing in person, by teleconference, or
   34  by video conference, as appropriate.
   35         (d)The board shall adopt rules specifying the crimes that,
   36  if committed, and regardless of adjudication, relate to the
   37  practice of the profession or the ability to practice the
   38  profession and may constitute grounds for denial of a license.
   39         Section 13. Present subsections (2) through (8) of section
   40  464.203, Florida Statutes, are redesignated as subsections (3)
   41  through (9), respectively, and a new subsection (2) is added to
   42  that section, to read:
   43         464.203 Certified nursing assistants; certification
   44  requirement.—
   45         (2)(a)1. Except as provided in s. 435.07(4), a conviction
   46  for a crime more than 7 years before the date of the application
   47  may not be grounds for denial of a certificate to practice as a
   48  certified nursing assistant.
   49         2. Except as provided in s. 435.07(4), a conviction for a
   50  crime more than 7 years before the date of the application may
   51  not be grounds for failure of a required background screening.
   52         3. For purposes of this paragraph, the term “conviction”
   53  means having been found guilty, with or without adjudication of
   54  guilt, as a result of a jury verdict, nonjury trial, or entry of
   55  a plea of guilty or nolo contendere.
   56         (b)1. A person may apply for a certificate to practice as a
   57  certified nursing assistant before his or her lawful release
   58  from confinement or supervision. The department may not charge
   59  an applicant an additional fee for being confined or under
   60  supervision. The board may not deny an application for a
   61  certificate solely on the basis of the person’s current
   62  confinement or supervision.
   63         2.After a certification application is approved, the board
   64  may stay the issuance of a certificate until the applicant
   65  notifies the board of his or her lawful release from confinement
   66  or supervision. The board must verify the applicant’s release
   67  with the Department of Corrections before it issues a license.
   68         3. If an applicant is unable to appear in person due to his
   69  or her confinement or supervision, the board must permit the
   70  applicant to appear by teleconference or video conference, as
   71  appropriate, at any meeting of the board or other hearing by the
   72  agency concerning his or her application.
   73         4. If an applicant is confined or under supervision, the
   74  Department of Corrections and the board shall cooperate and
   75  coordinate to facilitate the appearance of the applicant at a
   76  board meeting or agency hearing in person, by teleconference, or
   77  by video conference, as appropriate.
   78         (c)The board shall adopt rules specifying the crimes that,
   79  if committed, and regardless of adjudication, relate to the
   80  practice of the profession or the ability to practice the
   81  profession and may constitute grounds for denial of a
   82  certification.
   83  
   84  ================= T I T L E  A M E N D M E N T ================
   85  And the title is amended as follows:
   86         Delete lines 25 - 46
   87  and insert:
   88         providing exceptions; defining the term “conviction”;
   89         authorizing a person to apply for a license before his
   90         or her lawful release from confinement or supervision;
   91         prohibiting additional fees for an applicant confined
   92         or under supervision; prohibiting the board from
   93         basing a denial of a license application solely on the
   94         applicant’s current confinement or supervision;
   95         authorizing the board to stay the issuance of an
   96         approved license under certain circumstances;
   97         requiring the board to verify an applicant’s release
   98         with the Department of Corrections; providing
   99         requirements for the appearance of certain applicants
  100         at certain meetings; requiring the board to adopt
  101         rules specifying how certain crimes affect an
  102         applicant’s eligibility for licensure; amending s.
  103         464.203, F.S.; prohibiting the conviction of a crime
  104         before a specified date from being grounds for the
  105         denial of a certification under certain circumstances;
  106         prohibiting the conviction of a crime before a
  107         specified date from being grounds for the failure of a
  108         background screening; providing exceptions; defining
  109         the term “conviction”;