Florida Senate - 2018                             CS for SB 1318
       
       
        
       By the Committee on Appropriations; and Senator Rouson
       
       
       
       
       
       576-03809-18                                          20181318c1
    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         providing exceptions; 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; authorizing a person to apply
   46         for certification before his or her lawful release
   47         from confinement or supervision; prohibiting
   48         additional fees for an applicant confined or under
   49         supervision; prohibiting the board from basing the
   50         denial of a certification solely on the applicant’s
   51         current confinement or supervision; authorizing the
   52         board to stay the issuance of an approved certificate
   53         under certain circumstances; requiring the board to
   54         verify an applicant’s release with the Department of
   55         Corrections; providing requirements for the appearance
   56         of certain applicants at certain meetings; requiring
   57         the board to adopt rules specifying how certain crimes
   58         may affect an applicant’s eligibility for
   59         certification; amending s. 400.211, F.S.; conforming a
   60         cross-reference; amending s. 944.801, F.S.;
   61         authorizing the Department of Corrections to contract
   62         with certain entities to provide educational services
   63         for the Correctional Education Program; amending s.
   64         951.176, F.S.; authorizing each county to contract
   65         with certain entities to provide educational services
   66         for county inmates; amending ss. 1011.80 and 1011.81,
   67         F.S.; removing provisions prohibiting state funds for
   68         the operation of postsecondary workforce programs and
   69         funds for the Florida College System Program Fund,
   70         respectively, from being used for the education of
   71         certain state inmates; amending s. 1011.84, F.S.;
   72         conforming a provision to changes made by the act;
   73         providing an effective date.
   74          
   75  Be It Enacted by the Legislature of the State of Florida:
   76  
   77         Section 1. Subsection (4) is added to section 120.565,
   78  Florida Statutes, to read:
   79         120.565 Declaratory statement by agencies.—
   80         (4)(a) Any person may seek a declaratory statement
   81  regarding an agency’s opinion as to the effect of the
   82  petitioner’s criminal background on his or her eligibility for a
   83  specific occupational or professional license, registration, or
   84  certificate issued by the agency based on the applicable
   85  statutes and rules for the occupation or profession. The
   86  petition may include mitigating factors or other information the
   87  petitioner believes relevant to establish the petitioner’s
   88  eligibility, including, but not limited to, the time elapsed
   89  since completion of or lawful release from confinement,
   90  supervision, or nonmonetary condition imposed by the court for a
   91  disqualifying offense, and the petitioner’s standing in his or
   92  her community. A person may seek a declaratory statement under
   93  this subsection before attaining any education, training,
   94  experience, or other prerequisites for the license,
   95  registration, or certification.
   96         (b) The agency’s conclusion in the declaratory statement
   97  must indicate whether:
   98         1. The petitioner is disqualified from obtaining the
   99  license, registration, or certification due to the petitioner’s
  100  criminal background, regardless of the petitioner’s education,
  101  training, experience, or other prerequisites required for the
  102  license, registration, or certification.
  103         2. The petitioner is not eligible for a specified
  104  occupational or professional license, registration, or
  105  certification because of his or her criminal background, but
  106  that the conclusion may be reversed upon the petitioner’s
  107  presentation of evidence of rehabilitation or mitigation
  108  identified by the agency in the declaratory statement at any
  109  time subsequent to the issuance of the declaratory statement.
  110         3. Federal laws or regulations may impede the petitioner’s
  111  licensure, registration, or certification in the profession or
  112  occupation.
  113         4. Conditions or restrictions imposed by the court on the
  114  petitioner for a disqualifying offense may impede the
  115  petitioner’s licensure, registration, or certification in the
  116  profession or occupation.
  117         (c) The agency’s conclusion in the declaratory statement
  118  shall be binding on the agency as to the petitioner, unless the
  119  petitioner’s subsequent criminal history constitutes an
  120  independent basis for denial of the petitioner’s application for
  121  a license, registration, or certification in the profession or
  122  occupation. The agency’s conclusion is subject to judicial
  123  review pursuant to s. 120.68.
  124         (d) A person seeking a declaratory statement under this
  125  subsection must submit to the agency, in addition to the
  126  petition for a declaratory statement:
  127         1. A fee set by the agency not to exceed $100;
  128         2. A certified copy of each criminal judgment rendered
  129  against the petitioner; and
  130         3. A complete set of electronic fingerprints.
  131         (e) The agency shall submit the fingerprints to the
  132  Department of Law Enforcement for a state criminal history
  133  record check and the Department of Law Enforcement shall forward
  134  them to the Federal Bureau of Investigation for a national
  135  criminal history record check. The agency shall review the
  136  criminal history record results to determine if the petitioner
  137  meets licensure, registration, or certification requirements.
  138  The petitioner shall pay the actual cost of state and federal
  139  processing in addition to the fee in subparagraph (d)1.
  140         Section 2. Present subsections (3) through (12) of section
  141  455.213, Florida Statutes, are redesignated as subsections (4)
  142  through (13), respectively, subsection (2) of that section is
  143  amended, and a new subsection (3) is added to that section, to
  144  read:
  145         455.213 General licensing provisions.—
  146         (2) Before the issuance of any license, the department may
  147  charge an initial license fee as determined by rule of the
  148  applicable board or, if no such board exists, by rule of the
  149  department. Upon receipt of the appropriate license fee, except
  150  as provided in subsection (4) (3), the department shall issue a
  151  license to any person certified by the appropriate board, or its
  152  designee, or the department when there is no board, as having
  153  met the applicable requirements imposed by law or rule. However,
  154  an applicant who is not otherwise qualified for licensure is not
  155  entitled to licensure solely based on a passing score on a
  156  required examination. Upon a determination by the department
  157  that it erroneously issued a license, or upon the revocation of
  158  a license by the applicable board, or by the department when
  159  there is no board, the licensee must surrender his or her
  160  license to the department.
  161         (3)(a) Notwithstanding any other provision of law, the
  162  board shall use the process in this subsection for review of an
  163  applicant’s criminal record to determine his or her eligibility
  164  for licensure as a:
  165         1. Barber under chapter 476;
  166         2. Cosmetologist or cosmetology specialist under chapter
  167  477; or
  168         3. Any of the following construction professions under
  169  chapter 489:
  170         a. Air-conditioning contractor;
  171         b.Electrical contractor;
  172         c. Mechanical contractor;
  173         d. Plumbing contractor;
  174         e. Pollutant storage systems contractor;
  175         f. Roofing contractor;
  176         g. Septic tank contractor;
  177         h. Sheet metal contractor;
  178         i. Solar contractor;
  179         j. Swimming pool and spa contractor;
  180         k. Underground utility and excavation contractor; and
  181         l. Other specialty contractors, excluding alarm system
  182  contractors.
  183         (b) Except as provided in s. 435.07(4) and convictions
  184  pursuant to chapter 812, a conviction for a crime more than 5
  185  years before the date of the application may not be grounds for
  186  denial of a license specified in paragraph (a). For purposes of
  187  this paragraph, the term “conviction” means having been found
  188  guilty, with or without adjudication of guilt, as a result of a
  189  jury verdict, nonjury trial, or entry of a plea of guilty or
  190  nolo contendere.
  191         (c)1. A person may apply for a license before his or her
  192  lawful release from confinement or supervision. The department
  193  may not charge an applicant an additional fee for being confined
  194  or under supervision. The board may not deny an application for
  195  a license solely on the basis of the applicant’s current
  196  confinement or supervision.
  197         2. After a license application is approved, the board may
  198  stay the issuance of a license until the applicant is lawfully
  199  released from confinement or supervision and the applicant
  200  notifies the board of such release. The board must verify the
  201  applicant’s release with the Department of Corrections before it
  202  issues a license.
  203         3. If an applicant is unable to appear in person due to his
  204  or her confinement or supervision, the board must permit the
  205  applicant to appear by teleconference or video conference, as
  206  appropriate, at any meeting of the board or other hearing by the
  207  agency concerning his or her application.
  208         4. If an applicant is confined or under supervision, the
  209  Department of Corrections and the board shall cooperate and
  210  coordinate to facilitate the appearance of the applicant at a
  211  board meeting or agency hearing in person, by teleconference, or
  212  by video conference, as appropriate.
  213         (d)The board shall adopt rules specifying the crimes that,
  214  if committed, and regardless of adjudication, relate to the
  215  practice of the profession or the ability to practice the
  216  profession and may constitute grounds for denial of a license.
  217         Section 3. Present subsections (2) through (8) of section
  218  464.203, Florida Statutes, are redesignated as subsections (3)
  219  through (9), respectively, and a new subsection (2) is added to
  220  that section, to read:
  221         464.203 Certified nursing assistants; certification
  222  requirement.—
  223         (2)(a)1. Notwithstanding s. 456.0635, and except as
  224  provided in s. 435.07(4), a conviction for a crime more than 7
  225  years before the date of the application may not be grounds for
  226  denial of a certificate to practice as a certified nursing
  227  assistant.
  228         2. Notwithstanding s. 456.0635, and except as provided in
  229  s. 435.07(4), a conviction for a crime more than 7 years before
  230  the date of the application may not be grounds for failure of a
  231  required background screening.
  232         3. For purposes of this paragraph, the term “conviction”
  233  means having been found guilty, with or without adjudication of
  234  guilt, as a result of a jury verdict, nonjury trial, or entry of
  235  a plea of guilty or nolo contendere.
  236         (b)1. A person may apply for a certificate to practice as a
  237  certified nursing assistant before his or her lawful release
  238  from confinement or supervision. The department may not charge
  239  an applicant an additional fee for being confined or under
  240  supervision. The board may not deny an application for a
  241  certificate solely on the basis of the person’s current
  242  confinement or supervision.
  243         2.After a certification application is approved, the board
  244  may stay the issuance of a certificate until the applicant
  245  notifies the board of his or her lawful release from confinement
  246  or supervision. The board must verify the applicant’s release
  247  with the Department of Corrections before it issues a license.
  248         3. If an applicant is unable to appear in person due to his
  249  or her confinement or supervision, the board must permit the
  250  applicant to appear by teleconference or video conference, as
  251  appropriate, at any meeting of the board or other hearing by the
  252  agency concerning his or her application.
  253         4. If an applicant is confined or under supervision, the
  254  Department of Corrections and the board shall cooperate and
  255  coordinate to facilitate the appearance of the applicant at a
  256  board meeting or agency hearing in person, by teleconference, or
  257  by video conference, as appropriate.
  258         (c)The board shall adopt rules specifying the crimes that,
  259  if committed, and regardless of adjudication, relate to the
  260  practice of the profession or the ability to practice the
  261  profession and may constitute grounds for denial of a
  262  certification.
  263         Section 4. Subsection (4) of section 400.211, Florida
  264  Statutes, is amended to read:
  265         400.211 Persons employed as nursing assistants;
  266  certification requirement.—
  267         (4) When employed by a nursing home facility for a 12-month
  268  period or longer, a nursing assistant, to maintain
  269  certification, shall submit to a performance review every 12
  270  months and must receive regular inservice education based on the
  271  outcome of such reviews. The inservice training must meet all of
  272  the following requirements:
  273         (a) Be sufficient to ensure the continuing competence of
  274  nursing assistants and must meet the standard specified in s.
  275  464.203(8). s. 464.203(7);
  276         (b) Include, at a minimum:
  277         1. Techniques for assisting with eating and proper feeding;
  278         2. Principles of adequate nutrition and hydration;
  279         3. Techniques for assisting and responding to the
  280  cognitively impaired resident or the resident with difficult
  281  behaviors;
  282         4. Techniques for caring for the resident at the end-of
  283  life; and
  284         5. Recognizing changes that place a resident at risk for
  285  pressure ulcers and falls.; and
  286         (c) Address areas of weakness as determined in nursing
  287  assistant performance reviews and may address the special needs
  288  of residents as determined by the nursing home facility staff.
  289  
  290  Costs associated with this training may not be reimbursed from
  291  additional Medicaid funding through interim rate adjustments.
  292         Section 5. Present subsections (4) and (5) of section
  293  944.801, Florida Statutes, are renumbered as subsections (5) and
  294  (6), respectively, and a new subsection (4) is added to that
  295  section, to read:
  296         944.801 Education for state prisoners.—
  297         (4) The department may contract with a district school
  298  board, the Florida Virtual School, a Florida College System
  299  institution, a virtual education provider approved by the State
  300  Board of Education, or a charter school authorized to operate
  301  under s. 1002.33 to provide educational services for the
  302  Correctional Education Program. The educational services may
  303  include any educational, career, or workforce education training
  304  that is authorized by the department.
  305         Section 6. Section 951.176, Florida Statutes, is amended to
  306  read:
  307         951.176 Provision of education programs for youth.—
  308         (1) Each county may contract with a district school board,
  309  the Florida Virtual School, a Florida College System
  310  institution, a virtual education provider approved by the State
  311  Board of Education, or a charter school authorized to operate
  312  under s. 1002.33 to provide educational services for inmates at
  313  county detention facilities. The educational services may
  314  include any educational, career, or workforce education training
  315  that is authorized by the sheriff or chief correctional officer,
  316  or his or her designee.
  317         (2) Minors who have not graduated from high school and
  318  eligible students with disabilities under the age of 22 who have
  319  not graduated with a standard diploma or its equivalent who are
  320  detained in a county or municipal detention facility as defined
  321  in s. 951.23 shall be offered educational services by the local
  322  school district in which the facility is located. These
  323  educational services shall be based upon the estimated length of
  324  time the youth will be in the facility and the youth’s current
  325  level of functioning. School district superintendents or their
  326  designees shall be notified by the county sheriff or chief
  327  correctional officer, or his or her designee, upon the
  328  assignment of a youth under the age of 21 to the facility. A
  329  cooperative agreement with the local school district and
  330  applicable law enforcement units shall be developed to address
  331  the notification requirement and the provision of educational
  332  services to these youth.
  333         Section 7. Paragraph (b) of subsection (7) of section
  334  1011.80, Florida Statutes, is amended to read:
  335         1011.80 Funds for operation of workforce education
  336  programs.—
  337         (7)
  338         (b) State funds provided for the operation of postsecondary
  339  workforce programs may not be expended for the education of
  340  state inmates with more than 48 months of time remaining to
  341  serve on their sentence or federal inmates.
  342         Section 8. Subsection (4) of section 1011.81, Florida
  343  Statutes, is amended to read:
  344         1011.81 Florida College System Program Fund.—
  345         (4) State funds provided for the Florida College System
  346  Program Fund may not be expended for the education of state
  347  inmates with more than 48 months of time remaining on their
  348  sentence or federal inmates.
  349         Section 9. Paragraph (e) of subsection (1) of section
  350  1011.84, Florida Statutes, is amended to read:
  351         1011.84 Procedure for determining state financial support
  352  and annual apportionment of state funds to each Florida College
  353  System institution district.—The procedure for determining state
  354  financial support and the annual apportionment to each Florida
  355  College System institution district authorized to operate a
  356  Florida College System institution under the provisions of s.
  357  1001.61 shall be as follows:
  358         (1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE FLORIDA
  359  COLLEGE SYSTEM PROGRAM FUND FOR THE CURRENT OPERATING PROGRAM.—
  360         (e) All state inmate education provided by Florida College
  361  System institutions shall be reported by program, FTE
  362  expenditure, and revenue source. These enrollments,
  363  expenditures, and revenues shall be reported and projected
  364  separately. Instruction of state inmates with more than 48
  365  months of time remaining on their sentence may shall not be
  366  included in the full-time equivalent student enrollment for
  367  funding through the Florida College System Program Fund.
  368         Section 10. This act shall take effect July 1, 2018.