Florida Senate - 2019                       CS for CS for SB 334
       
       
        
       By the Committees on Commerce and Tourism; and Innovation,
       Industry, and Technology; and Senator Brandes
       
       
       
       
       577-04020-19                                           2019334c2
    1                        A bill to be entitled                      
    2         An act relating to professional regulation; amending
    3         s. 455.213, F.S.; requiring certain boards and
    4         entities within the Divisions of Certified Public
    5         Accounting, Professions, or Real Estate of the
    6         Department of Business and Professional Regulation to
    7         use a specified process for the review of an
    8         applicant’s criminal record to determine the
    9         applicant’s eligibility for certain licenses;
   10         prohibiting the conviction of a crime before a
   11         specified date from being grounds for the denial of
   12         certain licenses; defining the term “conviction”;
   13         authorizing a person to apply for a license before his
   14         or her lawful release from confinement or supervision;
   15         prohibiting the department from charging an applicant
   16         who is confined or under supervision an additional
   17         fee; prohibiting a board from basing a denial of a
   18         license application solely on the applicant’s current
   19         confinement or supervision; authorizing a board to
   20         stay the issuance of an approved license under certain
   21         circumstances; requiring a board to verify an
   22         applicant’s release with the Department of
   23         Corrections; requiring the Department of Business and
   24         Professional Regulation to allow certain applicants to
   25         appear by teleconference or video conference at
   26         certain meetings; requiring a board to provide certain
   27         lists on its website specifying how certain crimes do
   28         or do not affect an applicant’s eligibility for
   29         licensure; providing that certain information be
   30         identified for the crimes on a certain list; requiring
   31         such lists to be available to the public upon request;
   32         amending s. 489.107, F.S.; revising the membership of
   33         the Construction Industry Licensing Board; conforming
   34         provisions to changes made by the act; amending s.
   35         489.553, F.S.; prohibiting the conviction of a crime
   36         before a specified date from being grounds for the
   37         denial of registration under certain circumstances;
   38         defining the term “conviction”; authorizing a person
   39         to apply for registration before his or her lawful
   40         release from confinement or supervision; prohibiting
   41         the department from charging an applicant who is
   42         confined or under supervision an additional fee;
   43         prohibiting the department from basing the denial of
   44         registration solely on the applicant’s current
   45         confinement or supervision; authorizing the board to
   46         stay the issuance of an approved registration under
   47         certain circumstances; requiring the department to
   48         verify an applicant’s release with the Department of
   49         Corrections; requiring the Department of Business and
   50         Professional Regulation to allow certain applicants to
   51         appear by teleconference or video conference at
   52         certain meetings; requiring the department to provide
   53         certain lists on its website specifying how certain
   54         crimes do or do not affect an applicant’s eligibility
   55         for registration; providing that certain information
   56         be identified for each crime on certain lists;
   57         requiring such lists to be available to the public
   58         upon request; providing an effective date.
   59          
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. Present subsections (3) through (12) of section
   63  455.213, Florida Statutes, are redesignated as subsections (4)
   64  through (13), respectively, subsection (2) of that section is
   65  amended, and a new subsection (3) is added to that section, to
   66  read:
   67         455.213 General licensing provisions.—
   68         (2) Before the issuance of any license, the department may
   69  charge an initial license fee as determined by rule of the
   70  applicable board or, if no such board exists, by rule of the
   71  department. Upon receipt of the appropriate license fee, except
   72  as provided in subsection (4) (3), the department shall issue a
   73  license to any person certified by the appropriate board, or its
   74  designee, or the department when there is no board, as having
   75  met the applicable requirements imposed by law or rule. However,
   76  an applicant who is not otherwise qualified for licensure is not
   77  entitled to licensure solely based on a passing score on a
   78  required examination. Upon a determination by the department
   79  that it erroneously issued a license, or upon the revocation of
   80  a license by the applicable board, or by the department when
   81  there is no board, the licensee must surrender his or her
   82  license to the department.
   83         (3)(a)Notwithstanding any other provision of law, the
   84  applicable board shall use the process in this subsection for
   85  review of an applicant’s criminal record to determine his or her
   86  eligibility for licensure as:
   87         1.A barber under chapter 476;
   88         2.A cosmetologist or cosmetology specialist under chapter
   89  477; or
   90         3.Any of the following construction professions under
   91  chapter 489:
   92         a.Air-conditioning contractor;
   93         b.Electrical contractor;
   94         c.Mechanical contractor;
   95         d.Plumbing contractor;
   96         e.Pollutant storage systems contractor;
   97         f.Roofing contractor;
   98         g.Sheet metal contractor;
   99         h.Solar contractor;
  100         i.Swimming pool and spa contractor;
  101         j.Underground utility and excavation contractor; and
  102         k.Other specialty contractors.
  103         (b)1.A conviction, or any other adjudication, for a crime
  104  more than 5 years before the date the application is received by
  105  the applicable board may not be grounds for denial of a license
  106  specified in paragraph (a). For purposes of this paragraph, the
  107  term “conviction” means a determination of guilt that is the
  108  result of a plea or trial, regardless of whether adjudication is
  109  withheld. This paragraph does not limit the applicable board
  110  from considering an applicant’s criminal history that includes a
  111  crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time only
  112  if such criminal history has been found to relate to the
  113  practice of the applicable profession.
  114         2.The applicable board may consider the criminal history
  115  of an applicant for licensure under subparagraph (a)3. if such
  116  criminal history has been found to relate to good moral
  117  character.
  118         (c)1.A person may apply for a license before his or her
  119  lawful release from confinement or supervision. The department
  120  may not charge an applicant an additional fee for being confined
  121  or under supervision. The applicable board may not deny an
  122  application for a license solely on the basis of the applicant’s
  123  current confinement or supervision.
  124         2.After a license application is approved, the applicable
  125  board may stay the issuance of a license until the applicant is
  126  lawfully released from confinement or supervision and the
  127  applicant notifies the applicable board of such release. The
  128  applicable board must verify the applicant’s release with the
  129  Department of Corrections before it issues a license.
  130         3.If an applicant is unable to appear in person due to his
  131  or her confinement or supervision, the applicable board must
  132  permit the applicant to appear by teleconference or video
  133  conference, as appropriate, at any meeting of the applicable
  134  board or other hearing by the agency concerning his or her
  135  application.
  136         4.If an applicant is confined or under supervision, the
  137  Department of Corrections and the applicable board shall
  138  cooperate and coordinate to facilitate the appearance of the
  139  applicant at a board meeting or agency hearing in person, by
  140  teleconference, or by video conference, as appropriate.
  141         (d)Each applicable board shall compile a list of crimes
  142  that, if committed and regardless of adjudication, do not relate
  143  to the practice of the profession or the ability to practice the
  144  profession and do not constitute grounds for denial of a
  145  license. This list shall be made available on the department’s
  146  website and be updated annually. Beginning October 1, 2019, each
  147  applicable board shall compile a list of crimes that although
  148  reported by an applicant for licensure, were not used as a basis
  149  for denial. The list must identify the crime reported and the
  150  date of conviction, finding of guilt, plea, or adjudication
  151  entered or the date of sentencing for each such license
  152  application.
  153         (e)Each applicable board shall compile a list of crimes
  154  that have been used as a basis for denial of a license in the
  155  past 2 years, which shall be made available on the department’s
  156  website. Starting October 1, 2019, and updated quarterly
  157  thereafter, the applicable board shall compile a list indicating
  158  each crime used as a basis for denial. For each crime listed,
  159  the applicable board must identify the date of conviction,
  160  finding of guilt, plea, or adjudication entered, or date of
  161  sentencing. Such denials shall be available to the public upon
  162  request.
  163         Section 2. Section 489.107, Florida Statutes, is amended to
  164  read:
  165         489.107 Construction Industry Licensing Board.—
  166         (1) To carry out the provisions of this part, there is
  167  created within the department the Construction Industry
  168  Licensing Board. Members shall be appointed by the Governor,
  169  subject to confirmation by the Senate. Members shall be
  170  appointed for 4-year terms. A vacancy on the board shall be
  171  filled for the unexpired portion of the term in the same manner
  172  as the original appointment. No member shall serve more than two
  173  consecutive 4-year terms or more than 11 years on the board.
  174         (2) The board shall consist of 10 18 members, of whom:
  175         (a) Two Four are primarily engaged in business as general
  176  contractors;
  177         (b) Three are primarily engaged in business as building
  178  contractors or residential contractors, however, at least one
  179  building contractor and one residential contractor shall be
  180  appointed;
  181         (c) One is primarily engaged in business as a roofing
  182  contractor;
  183         (d)One is primarily engaged in business as a sheet metal
  184  contractor;
  185         (e)One is primarily engaged in business as an air
  186  conditioning contractor;
  187         (d)(f) One is primarily engaged in business as a mechanical
  188  contractor;
  189         (e)(g) One is primarily engaged in business as a pool
  190  contractor;
  191         (f)(h) One is primarily engaged in business as a plumbing
  192  contractor; and
  193         (g)(i) One is primarily engaged in business as an
  194  underground utility and excavation contractor;
  195         (j)Two are consumer members who are not, and have never
  196  been, members or practitioners of a profession regulated by the
  197  board or members of any closely related profession; and
  198         (k)Two are building officials of a municipality or county.
  199         (3) To be eligible to serve, each contractor member must
  200  have been certified by the board to operate as a contractor in
  201  the category with respect to which the member is appointed, be
  202  actively engaged in the construction business, and have been so
  203  engaged for a period of not less than 5 consecutive years before
  204  the date of appointment. Each appointee must be a citizen and
  205  resident of the state.
  206         (4) The board shall be divided into two divisions, Division
  207  I and Division II.
  208         (a) Division I is comprised of the general contractor,
  209  building contractor, and residential contractor members of the
  210  board; one of the members appointed pursuant to paragraph
  211  (2)(j); and one of the members appointed pursuant to paragraph
  212  (2)(k). Division I has jurisdiction over the regulation of
  213  general contractors, building contractors, and residential
  214  contractors.
  215         (b) Division II is comprised of the roofing contractor,
  216  sheet metal contractor, air-conditioning contractor, mechanical
  217  contractor, pool contractor, plumbing contractor, and
  218  underground utility and excavation contractor members of the
  219  board; one of the members appointed pursuant to paragraph
  220  (2)(j); and one of the members appointed pursuant to paragraph
  221  (2)(k). Division II has jurisdiction over the regulation of
  222  contractors defined in s. 489.105(3)(d)-(p).
  223         (c) Jurisdiction for the regulation of specialty
  224  contractors defined in s. 489.105(3)(q) shall lie with the
  225  division having jurisdiction over the scope of work of the
  226  specialty contractor as defined by board rule.
  227         (5) Three Five members of Division I constitute a quorum,
  228  and three five members of Division II constitute a quorum. The
  229  combined divisions shall meet together at such times as the
  230  board deems necessary, but neither division, nor any committee
  231  thereof, shall take action on any matter under the jurisdiction
  232  of the other division. However, if either division is unable to
  233  obtain a quorum for the purpose of conducting disciplinary
  234  proceedings, it may request members of the other division, who
  235  are otherwise qualified to serve on the division unable to
  236  obtain a quorum, to join in its deliberations. Such additional
  237  members shall vote and count toward a quorum only during those
  238  disciplinary proceedings.
  239         (6) The Construction Industry Licensing Board and the
  240  Electrical Contractors’ Licensing Board shall each appoint a
  241  committee to meet jointly at least twice a year.
  242         Section 3. Subsections (7) through (10) are added to
  243  section 489.553, Florida Statutes, to read:
  244         489.553 Administration of part; registration
  245  qualifications; examination.—
  246         (7)Notwithstanding any other provision of law, a
  247  conviction, or any other adjudication, for a crime more than 5
  248  years before the date the application is received by the
  249  department may not be grounds for denial of registration. For
  250  purposes of this subsection, the term “conviction” means a
  251  determination of guilt that is the result of a plea or trial,
  252  regardless of whether adjudication is withheld. This subsection
  253  does not limit a board from considering an applicant’s criminal
  254  history that includes any crime listed in s. 775.21(4)(a)1. or
  255  s. 776.08 at any time only if such criminal history has been
  256  found to relate to the practice of the applicable profession, or
  257  any crime if it has been found to relate to good moral
  258  character.
  259         (8)(a)A person may apply to be registered before his or
  260  her lawful release from confinement or supervision. The
  261  department may not charge an applicant an additional fee for
  262  being confined or under supervision. The department may not deny
  263  an application for registration solely on the basis of the
  264  applicant’s current confinement or supervision.
  265         (b)After a registration application is approved, the
  266  department may stay the issuance of registration until the
  267  applicant is lawfully released from confinement or supervision
  268  and the applicant notifies the board of such release. The
  269  department must verify the applicant’s release with the
  270  Department of Corrections before it registers such applicant.
  271         (c)If an applicant is unable to appear in person due to
  272  his or her confinement or supervision, the department must
  273  permit the applicant to appear by teleconference or video
  274  conference, as appropriate, at any meeting or hearing by the
  275  department concerning his or her application.
  276         (d)If an applicant is confined or under supervision, the
  277  Department of Corrections and the department shall cooperate and
  278  coordinate to facilitate the appearance of the applicant at a
  279  meeting or hearing in person, by teleconference, or by video
  280  conference, as appropriate.
  281         (9)The department shall compile a list of crimes that, if
  282  committed and regardless of adjudication, do not relate to the
  283  practice of the profession or the ability to practice the
  284  profession and do not constitute grounds for denial of
  285  registration. This list shall be made available on the
  286  department’s website and be updated annually. Beginning October
  287  1, 2019, and updated quarterly thereafter, the department shall
  288  add to this list such crimes that although reported by an
  289  applicant for registration, were not used as a basis for denial
  290  in the past 2 years. The list must identify the crime reported
  291  and the date of conviction, plea, adjudication, or sentencing
  292  for each such registration application.
  293         (10)The department shall compile a list of crimes that
  294  have been used as a basis for denial of registration in the past
  295  2 years, which shall be made available on the department’s
  296  website. Beginning October 1, 2019, and updated quarterly
  297  thereafter, the department shall add to this list each crime
  298  used as a basis for denial. For each crime listed, the
  299  department must identify the date of conviction, plea,
  300  adjudication, or sentencing. Such denials shall be available to
  301  the public upon request.
  302         Section 4. This act shall take effect October 1, 2019.