Amendment

Bill No. 0203

Amendment No. 425247

CHAMBER ACTION
Senate		House
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1	Representative Harper offered the following:
2
3	Amendment (with title amendment)
4	Between line(s) 21 and 22, insert:
5	Section 1.  Subsection (4) is added to section 446.032,
6	Florida Statutes, to read:
7	446.032  General duties of division with respect to
8	apprenticeship training.--The Division of Workforce Development
9	shall:
10	(4)  Accept services and activities offered by other
11	agencies in support of the intent specified in s. 446.011.
12	Section 2.  Subsections (8) through (12) of section
13	446.041, Florida Statutes, are renumbered as subsections (9)
14	through (13), respectively, and a new subsection (8) is added to
15	said section to read:
16	446.041  Apprenticeship program, duties of division.--The
17	Division of Workforce Development shall:
18	(8)  Consult and cooperate with agencies that license
19	apprenticeable professions.
20	Section 3.  Subsection (3) is added to section 446.051,
21	Florida Statutes, to read:
22	446.051  Related instruction for apprentices.--
23	(3)  Training should be combined with properly coordinated
24	studies of related technical subjects, supplementary subjects,
25	and other criteria or qualifications for licensure as a
26	practitioner of a regulated profession adopted by the
27	appropriate regulatory board for a profession under the
28	jurisdiction of the Department of Business and Professional
29	Regulation.
30	Section 4.  Subsections (1) and (3) of section 446.071,
31	Florida Statutes, are amended to read:
32	446.071  Apprenticeship sponsors.--
33	(1)  One or more local apprenticeship sponsors shall be
34	approved in any trade or group of trades, or in any profession
35	licensed by the Department of Business and Professional
36	Regulation, by the Division of Workforce Development of the
37	Department of Education, upon a determination of need, provided
38	the apprenticeship sponsor meets all of the standards
39	established by the division. "Need" refers to the need of state
40	residents for apprenticeship training. In the absence of proof
41	to the contrary, it shall be presumed that there is need for
42	apprenticeship and preapprenticeship training in each county in
43	this state.
44	(3)  The division has authority to grant a variance from
45	the standards upon a showing of good cause for such variance by
46	program sponsors in nonconstruction trades or professions
47	licensed by the Department of Business and Professional
48	Regulation. The purpose of this provision is to recognize the
49	unique and varying training requirements in nontraditional
50	apprenticeable occupations and to authorize the division and
51	bureau to adapt the standards to the needs of such programs.
52	Section 5.  Section 446.092, Florida Statutes, is amended
53	to read:
54	446.092  Criteria for apprenticeship occupations.--An
55	apprenticeable occupation is a skilled trade or profession
56	licensed by the Department of Business and Professional
57	Regulation which possesses all of the following characteristics:
58	(1)  It is customarily learned in a practical way through a
59	structured, systematic program of on-the-job, supervised
60	training.
61	(2)  It is commonly recognized throughout the industry or
62	recognized with a positive view towards changing technology.
63	(3)  It involves manual, mechanical, or technical skills
64	and knowledge which require a minimum of 2,000 hours of work and
65	training, which hours are excluded from the time spent at
66	related instruction.
67	(4)  It requires related instruction to supplement on-the-
68	job training. Such instruction may be given in a classroom or
69	through correspondence courses.
70	(5)  It involves the development of skill sufficiently
71	broad to be applicable in like occupations throughout an
72	industry, rather than of restricted application to the products
73	or services of any one company.
74	(6)  It does not fall into any of the following categories:
75	(a)  Selling, retailing, or similar occupations in the
76	distributive field.
77	(b)  Managerial occupations.
78	(c)  Professional and scientific vocations for which
79	entrance requirements customarily require an academic degree.
80	Section 6.  Section 455.2126, Florida Statutes, is created
81	to read:
82	455.2126  Apprenticeship program; duties of a board or the
83	department.--In order to support and assist the development and
84	operations of a registered apprenticeship program and the
85	training of registered apprentices, the board, or the department
86	where there is no board, shall support the intent of the
87	Legislature, as specified in s. 446.011, and is authorized to:
88	(1)  Encourage registered apprenticeship programs.
89	(2)  Support registered apprentices as necessary to
90	encourage achievement of goals and objectives.
91	(3)  Cooperate with and assist the Division of Workforce
92	Development in the creation of apprenticeship standards and
93	training requirements.
94	(4)  Monitor registered apprenticeship programs to the
95	degree the board, or the department where there is no board, may
96	help to ensure they are being operated in compliance with
97	applicable requirements under the appropriate practice act of
98	the profession licensed by the department.
99	Section 7.  Section 476.194, Florida Statutes, is amended
100	to read:
101	476.194  Prohibited acts.--
102	(1)  It is unlawful for any person to:
103	(a)  Engage in the practice of barbering without an active
104	license as a barber issued pursuant to the provisions of this
105	act by the department or registration as an apprentice pursuant
106	to chapter 446.
107	(b)  Engage in willful or repeated violations of this act
108	or of any of the rules adopted by the board.
109	(c)  Hire or employ any person to engage in the practice of
110	barbering unless such person holds a valid license as a barber
111	or a registration as an apprentice.
112	(d)  Obtain or attempt to obtain a license for money other
113	than the required fee or any other thing of value or by
114	fraudulent misrepresentations.
115	(e)  Own, operate, maintain, open, establish, conduct, or
116	have charge of, either alone or with another person or persons,
117	a barbershop:
118	1.  Which is not licensed under the provisions of this
119	chapter; or
120	2.  In which a person not licensed as a barber or
121	registered as an apprentice is permitted to perform services.
122	(f)  Use or attempt to use a license to practice barbering
123	when said license is suspended or revoked.
124	(2)  Any person who violates any provision of this section
125	commits is guilty of a misdemeanor of the second degree,
126	punishable as provided in s. 775.082 or s. 775.083.
127
128	================ T I T L E  A M E N D M E N T =============
129	Remove line(s) 6 and insert:
130	An act relating to regulation of professions and occupations;
131	amending ss. 446.032 and 446.041, F.S.; providing additional
132	duties of the Division of Workforce Development of the
133	Department of Education with respect to apprenticeship training
134	and the apprenticeship program; amending s. 446.051, F.S.;
135	providing for coordination of training with the Department of
136	Business and Professional Regulation for practitioners regulated
137	under such department; amending ss. 446.071 and 446.092, F.S.;
138	providing additional consideration with respect to sponsorship
139	and criteria for professions licensed by the Department of
140	Business and Professional Regulation; creating s. 455.2126,
141	F.S.; providing authority of regulatory boards or the Department
142	of Business and Professional Regulation with respect to
143	apprenticeship programs; amending s. 476.194, F.S.; prohibiting
144	certain acts relating to the practice of barbering by or
145	involving an apprentice; providing penalties; amending s.
146	466.006,

CODING: Words stricken are deletions; words underlined are additions.