Florida Senate - 2018              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1318
       
       
       
       
       
                               Ì578002sÎ578002                          
       
       576-03261-18                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    1                        A bill to be entitled                      
    2         An act relating to licensing and training; amending s.
    3         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
   17         fingerprints; requiring the petitioner to pay the
   18         actual cost of processing the fingerprints; amending
   19         s. 455.213, F.S.; requiring the board to use a
   20         specified process for the review of an applicant’s
   21         criminal record to determine the applicant’s
   22         eligibility for certain licenses; prohibiting the
   23         conviction of a crime before a specified date from
   24         being grounds for the denial of certain licenses;
   25         defining the term “conviction”; authorizing a person
   26         to apply for a license before his or her lawful
   27         release from confinement or supervision; prohibiting
   28         additional fees for an applicant confined or under
   29         supervision; prohibiting the board from basing a
   30         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; conforming a
   40         cross-reference; amending s. 464.203, F.S.; providing
   41         that the conviction of a crime before a specified date
   42         may not serve as grounds for the denial of a
   43         certification under certain circumstances; providing
   44         that the conviction of a crime before a specified date
   45         may not serve as grounds for the failure of a
   46         background screening; defining the term “conviction”;
   47         authorizing a person to apply for certification before
   48         his or her lawful release from confinement or
   49         supervision; prohibiting additional fees for an
   50         applicant confined or under supervision; prohibiting
   51         the board from basing the denial of a certification
   52         solely on the applicant’s current confinement or
   53         supervision; authorizing the board to stay the
   54         issuance of an approved certificate under certain
   55         circumstances; requiring the board to verify an
   56         applicant’s release with the Department of
   57         Corrections; providing requirements for the appearance
   58         of certain applicants at certain meetings; requiring
   59         the board to adopt rules specifying how certain crimes
   60         may affect an applicant’s eligibility for
   61         certification; amending s. 400.211, F.S.; conforming a
   62         cross-reference; amending s. 944.801, F.S.;
   63         authorizing the Department of Corrections to contract
   64         with certain entities to provide educational services
   65         for the Correctional Education Program; amending s.
   66         951.176, F.S.; authorizing each county to contract
   67         with certain entities to provide educational services
   68         for county inmates; amending s. 1011.80, F.S.;
   69         removing a provision prohibiting state funds for the
   70         operation of postsecondary workforce programs from
   71         being used for the education of certain state inmates;
   72         providing an effective date.
   73          
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. Subsection (4) is added to section 120.565,
   77  Florida Statutes, to read:
   78         120.565 Declaratory statement by agencies.—
   79         (4)(a) Any person may seek a declaratory statement
   80  regarding an agency’s opinion as to the effect of the
   81  petitioner’s criminal background on his or her eligibility for a
   82  specific occupational or professional license, registration, or
   83  certificate issued by the agency based on the applicable
   84  statutes and rules for the occupation or profession. The
   85  petition may include mitigating factors or other information the
   86  petitioner believes relevant to establish the petitioner’s
   87  eligibility, including, but not limited to, the time elapsed
   88  since completion of or lawful release from confinement,
   89  supervision, or nonmonetary condition imposed by the court for a
   90  disqualifying offense, and the petitioner’s standing in his or
   91  her community. A person may seek a declaratory statement under
   92  this subsection before attaining any education, training,
   93  experience, or other prerequisites for the license,
   94  registration, or certification.
   95         (b) The agency’s conclusion in the declaratory statement
   96  must indicate whether:
   97         1. The petitioner is disqualified from obtaining the
   98  license, registration, or certification due to the petitioner’s
   99  criminal background, regardless of the petitioner’s education,
  100  training, experience, or other prerequisites required for the
  101  license, registration, or certification.
  102         2. The petitioner is not eligible for a specified
  103  occupational or professional license, registration, or
  104  certification because of his or her criminal background, but
  105  that the conclusion may be reversed upon the petitioner’s
  106  presentation of evidence of rehabilitation or mitigation
  107  identified by the agency in the declaratory statement at any
  108  time subsequent to the issuance of the declaratory statement.
  109         3. Federal laws or regulations may impede the petitioner’s
  110  licensure, registration, or certification in the profession or
  111  occupation.
  112         4. Conditions or restrictions imposed by the court on the
  113  petitioner for a disqualifying offense may impede the
  114  petitioner’s licensure, registration, or certification in the
  115  profession or occupation.
  116         (c) The agency’s conclusion in the declaratory statement
  117  shall be binding on the agency as to the petitioner, unless the
  118  petitioner’s subsequent criminal history constitutes an
  119  independent basis for denial of the petitioner’s application for
  120  a license, registration, or certification in the profession or
  121  occupation. The agency’s conclusion is subject to judicial
  122  review pursuant to s. 120.68.
  123         (d) A person seeking a declaratory statement under this
  124  subsection must submit to the agency, in addition to the
  125  petition for a declaratory statement:
  126         1. A fee set by the agency not to exceed $100;
  127         2. A certified copy of each criminal judgment rendered
  128  against the petitioner; and
  129         3. A complete set of electronic fingerprints.
  130         (e) The agency shall submit the fingerprints to the
  131  Department of Law Enforcement for a state criminal history
  132  record check and the Department of Law Enforcement shall forward
  133  them to the Federal Bureau of Investigation for a national
  134  criminal history record check. The agency shall review the
  135  criminal history record results to determine if the petitioner
  136  meets licensure, registration, or certification requirements.
  137  The petitioner shall pay the actual cost of state and federal
  138  processing in addition to the fee in subparagraph (d)1.
  139         Section 2. Present subsections (3) through (12) of section
  140  455.213, Florida Statutes, are redesignated as subsections (4)
  141  through (13), respectively, subsection (2) of that section is
  142  amended, and a new subsection (3) is added to that section, to
  143  read:
  144         455.213 General licensing provisions.—
  145         (2) Before the issuance of any license, the department may
  146  charge an initial license fee as determined by rule of the
  147  applicable board or, if no such board exists, by rule of the
  148  department. Upon receipt of the appropriate license fee, except
  149  as provided in subsection (4) (3), the department shall issue a
  150  license to any person certified by the appropriate board, or its
  151  designee, or the department when there is no board, as having
  152  met the applicable requirements imposed by law or rule. However,
  153  an applicant who is not otherwise qualified for licensure is not
  154  entitled to licensure solely based on a passing score on a
  155  required examination. Upon a determination by the department
  156  that it erroneously issued a license, or upon the revocation of
  157  a license by the applicable board, or by the department when
  158  there is no board, the licensee must surrender his or her
  159  license to the department.
  160         (3)(a) Notwithstanding any other provision of law, the
  161  board shall use the process in this subsection for review of an
  162  applicant’s criminal record to determine his or her eligibility
  163  for licensure as a:
  164         1. Barber under chapter 476;
  165         2. Cosmetologist or cosmetology specialist under chapter
  166  477; or
  167         3. Any of the following construction professions under
  168  chapter 489:
  169         a. Air-conditioning contractor;
  170         b.Electrical contractor;
  171         c. Mechanical contractor;
  172         d. Plumbing contractor;
  173         e. Pollutant storage systems contractor;
  174         f. Roofing contractor;
  175         g. Septic tank contractor;
  176         h. Sheet metal contractor;
  177         i. Solar contractor;
  178         j. Swimming pool and spa contractor;
  179         k. Underground utility and excavation contractor; and
  180         l. Other specialty contractors.
  181         (b) A conviction for a crime more than 5 years before the
  182  date of the application may not be grounds for denial of a
  183  license specified in paragraph (a). For purposes of this
  184  paragraph, the term “conviction” means a determination of guilt
  185  that is the result of a plea or trial, regardless of whether
  186  adjudication is withheld.
  187         (c)1. A person may apply for a license before his or her
  188  lawful release from confinement or supervision. The department
  189  may not charge an applicant an additional fee for being confined
  190  or under supervision. The board may not deny an application for
  191  a license solely on the basis of the applicant’s current
  192  confinement or supervision.
  193         2. After a license application is approved, the board may
  194  stay the issuance of a license until the applicant is lawfully
  195  released from confinement or supervision and the applicant
  196  notifies the board of such release. The board must verify the
  197  applicant’s release with the Department of Corrections before it
  198  issues a license.
  199         3. If an applicant is unable to appear in person due to his
  200  or her confinement or supervision, the board must permit the
  201  applicant to appear by teleconference or video conference, as
  202  appropriate, at any meeting of the board or other hearing by the
  203  agency concerning his or her application.
  204         4. If an applicant is confined or under supervision, the
  205  Department of Corrections and the board shall cooperate and
  206  coordinate to facilitate the appearance of the applicant at a
  207  board meeting or agency hearing in person, by teleconference, or
  208  by video conference, as appropriate.
  209         (d) The board shall adopt rules specifying the crimes that,
  210  if committed, and regardless of adjudication, do not relate to
  211  the practice of the profession or the ability to practice the
  212  profession and do not constitute grounds for denial of a
  213  license.
  214         (e) The board shall adopt rules specifying the crimes that,
  215  if committed, and regardless of adjudication, relate to the
  216  practice of the profession or the ability to practice the
  217  profession and may constitute grounds for denial of a license.
  218         Section 3. Present subsections (2) through (8) of section
  219  464.203, Florida Statutes, are redesignated as subsections (3)
  220  through (9), respectively, and a new subsection (2) is added to
  221  that section, to read:
  222         464.203 Certified nursing assistants; certification
  223  requirement.—
  224         (2)(a)1. Except as provided in s. 435.07(4), a conviction
  225  for a crime more than 7 years before the date of the application
  226  may not be grounds for denial of a certificate to practice as a
  227  certified nursing assistant.
  228         2. Except as provided in s. 435.07(4), a conviction for a
  229  crime more than 7 years before the date of the application may
  230  not be grounds for failure of a required background screening.
  231         3. For purposes of this paragraph, the term “conviction”
  232  means a determination of guilt that is the result of a plea or
  233  trial, regardless of whether adjudication is withheld.
  234         (b)1. A person may apply for a certificate to practice as a
  235  certified nursing assistant before his or her lawful release
  236  from confinement or supervision. The department may not charge
  237  an applicant an additional fee for being confined or under
  238  supervision. The board may not deny an application for a
  239  certificate solely on the basis of the person’s current
  240  confinement or supervision.
  241         2.After a certification application is approved, the board
  242  may stay the issuance of a certificate until the applicant
  243  notifies the board of his or her lawful release from confinement
  244  or supervision. The board must verify the applicant’s release
  245  with the Department of Corrections before it issues a license.
  246         3. If an applicant is unable to appear in person due to his
  247  or her confinement or supervision, the board must permit the
  248  applicant to appear by teleconference or video conference, as
  249  appropriate, at any meeting of the board or other hearing by the
  250  agency concerning his or her application.
  251         4. If an applicant is confined or under supervision, the
  252  Department of Corrections and the board shall cooperate and
  253  coordinate to facilitate the appearance of the applicant at a
  254  board meeting or agency hearing in person, by teleconference, or
  255  by video conference, as appropriate.
  256         (c) The board shall adopt rules specifying the crimes that,
  257  if committed, and regardless of adjudication, do not relate to
  258  the practice of the profession or the ability to practice the
  259  profession and do not constitute grounds for denial of a
  260  certification.
  261         (d) The board shall adopt rules specifying the crimes that,
  262  if committed, and regardless of adjudication, relate to the
  263  practice of the profession or the ability to practice the
  264  profession and may constitute grounds for denial of a
  265  certification.
  266         Section 4. Subsection (4) of section 400.211, Florida
  267  Statutes, is amended to read:
  268         400.211 Persons employed as nursing assistants;
  269  certification requirement.—
  270         (4) When employed by a nursing home facility for a 12-month
  271  period or longer, a nursing assistant, to maintain
  272  certification, shall submit to a performance review every 12
  273  months and must receive regular inservice education based on the
  274  outcome of such reviews. The inservice training must meet all of
  275  the following requirements:
  276         (a) Be sufficient to ensure the continuing competence of
  277  nursing assistants and must meet the standard specified in s.
  278  464.203(8). s. 464.203(7);
  279         (b) Include, at a minimum:
  280         1. Techniques for assisting with eating and proper feeding;
  281         2. Principles of adequate nutrition and hydration;
  282         3. Techniques for assisting and responding to the
  283  cognitively impaired resident or the resident with difficult
  284  behaviors;
  285         4. Techniques for caring for the resident at the end-of
  286  life; and
  287         5. Recognizing changes that place a resident at risk for
  288  pressure ulcers and falls.; and
  289         (c) Address areas of weakness as determined in nursing
  290  assistant performance reviews and may address the special needs
  291  of residents as determined by the nursing home facility staff.
  292  
  293  Costs associated with this training may not be reimbursed from
  294  additional Medicaid funding through interim rate adjustments.
  295         Section 5. Present subsections (4) and (5) of section
  296  944.801, Florida Statutes, are renumbered as subsections (5) and
  297  (6), respectively, and a new subsection (4) is added to that
  298  section, to read:
  299         944.801 Education for state prisoners.—
  300         (4) The department may contract with a district school
  301  board, the Florida Virtual School, a Florida College System
  302  institution, a virtual education provider approved by the State
  303  Board of Education, or a charter school authorized to operate
  304  under s. 1002.33 to provide educational services for the
  305  Correctional Education Program. The educational services may
  306  include any educational, career, or workforce education training
  307  that is authorized by the department.
  308         Section 6. Section 951.176, Florida Statutes, is amended to
  309  read:
  310         951.176 Provision of education programs for youth.—
  311         (1) Each county may contract with a district school board,
  312  the Florida Virtual School, a Florida College System
  313  institution, a virtual education provider approved by the State
  314  Board of Education, or a charter school authorized to operate
  315  under s. 1002.33 to provide educational services for inmates at
  316  county detention facilities. The educational services may
  317  include any educational, career, or workforce education training
  318  that is authorized by the sheriff or chief correctional officer,
  319  or his or her designee.
  320         (2) Minors who have not graduated from high school and
  321  eligible students with disabilities under the age of 22 who have
  322  not graduated with a standard diploma or its equivalent who are
  323  detained in a county or municipal detention facility as defined
  324  in s. 951.23 shall be offered educational services by the local
  325  school district in which the facility is located. These
  326  educational services shall be based upon the estimated length of
  327  time the youth will be in the facility and the youth’s current
  328  level of functioning. School district superintendents or their
  329  designees shall be notified by the county sheriff or chief
  330  correctional officer, or his or her designee, upon the
  331  assignment of a youth under the age of 21 to the facility. A
  332  cooperative agreement with the local school district and
  333  applicable law enforcement units shall be developed to address
  334  the notification requirement and the provision of educational
  335  services to these youth.
  336         Section 7. Paragraph (b) of subsection (7) of section
  337  1011.80, Florida Statutes, is amended to read:
  338         1011.80 Funds for operation of workforce education
  339  programs.—
  340         (7)
  341         (b) State funds provided for the operation of postsecondary
  342  workforce programs may not be expended for the education of
  343  state inmates with more than 60 months of time remaining to
  344  serve on their sentence or federal inmates.
  345         Section 8. This act shall take effect July 1, 2018.