Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 7086
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Judiciary (Rodriguez) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 425 and 426
    4  insert:
    5         Section 11. Subsection (8) is added to section 476.144,
    6  Florida Statutes, to read:
    7         476.144 Licensure.—
    8         (8) A person who has had his or her voting rights restored
    9  pursuant to s. 4, Art. VI of the State Constitution upon
   10  completion of all terms of sentence for a felony conviction for
   11  an offense other than murder or a felony sexual offense is
   12  eligible for licensure so long as he or she meets all other
   13  requirements established under this section.
   14         Section 12. Subsection (2) of section 477.019, Florida
   15  Statutes, is amended to read:
   16         477.019 Cosmetologists; qualifications; licensure;
   17  supervised practice; license renewal; endorsement; continuing
   18  education.—
   19         (2) An applicant is shall be eligible for licensure by
   20  examination to practice cosmetology if the applicant:
   21         (a) Is at least 16 years of age or has received a high
   22  school diploma;
   23         (b) Pays the required application fee, which is not
   24  refundable, and the required examination fee, which is
   25  refundable if the applicant is determined to not be eligible for
   26  licensure for any reason other than failure to successfully
   27  complete the licensure examination; and
   28         (c)1. Is authorized to practice cosmetology in another
   29  state or country, has been so authorized for at least 1 year,
   30  and does not qualify for licensure by endorsement as provided
   31  for in subsection (5); or
   32         2. Has received a minimum of 1,200 hours of training as
   33  established by the board, which shall include, but shall not be
   34  limited to, the equivalent of completion of services directly
   35  related to the practice of cosmetology at one of the following:
   36         a. A school of cosmetology licensed pursuant to chapter
   37  1005.
   38         b. A cosmetology program within the public school system.
   39         c. The Cosmetology Division of the Florida School for the
   40  Deaf and the Blind, provided the division meets the standards of
   41  this chapter.
   42         d. A government-operated cosmetology program in this state.
   43  
   44  The board shall establish by rule procedures whereby the school
   45  or program may certify that a person is qualified to take the
   46  required examination after the completion of a minimum of 1,000
   47  actual school hours. If the person then passes the examination,
   48  he or she shall have satisfied this requirement; but if the
   49  person fails the examination, he or she shall not be qualified
   50  to take the examination again until the completion of the full
   51  requirements provided by this section. A person who has had his
   52  or her voting rights restored pursuant to s. 4, Art. VI of the
   53  State Constitution upon completion of all terms of sentence for
   54  a felony conviction for an offense other than murder or a felony
   55  sexual offense is eligible for licensure so long as he or she
   56  meets all other requirements established under this section.
   57         Section 13. Subsection (6) of section 489.115, Florida
   58  Statutes, is amended to read:
   59         489.115 Certification and registration; endorsement;
   60  reciprocity; renewals; continuing education.—
   61         (6) An applicant for initial issuance of a certificate or
   62  registration shall submit to a statewide criminal history
   63  records check through the Department of Law Enforcement. The
   64  Department of Business and Professional Regulation shall submit
   65  the requests for the criminal history records check to the
   66  Department of Law Enforcement for state processing, and the
   67  Department of Law Enforcement shall return the results to the
   68  department to determine if the applicant meets certification or
   69  registration requirements. If the applicant has been convicted
   70  of a felony, the board may deny licensure to the applicant based
   71  upon the severity of the crime, the relationship of the crime to
   72  contracting, or the potential for public harm. The board shall
   73  also, in denying or approving licensure, consider the length of
   74  time since the commission of the crime and the rehabilitation of
   75  the applicant. The board may not deny licensure to an applicant
   76  based solely upon a felony conviction or the applicant’s failure
   77  to provide proof of restoration of civil rights or voting
   78  rights. A person who has had his or her voting rights restored
   79  pursuant to s. 4, Art. VI of the State Constitution upon
   80  completion of all terms of sentence for a felony conviction for
   81  an offense other than murder or a felony sexual offense is
   82  eligible for licensure so long as he or she meets all other
   83  requirements established under this section.
   84         Section 14. Subsection (1) of section 489.513, Florida
   85  Statutes, is amended to read:
   86         489.513 Registration; application; requirements.—
   87         (1) Any person engaged in the business of contracting in
   88  the state shall be registered in the proper classification
   89  unless he or she is certified. Any person desiring to be a
   90  registered contractor shall apply to the department for
   91  registration and must:
   92         (a) Be at least 18 years old;
   93         (b) Be of good moral character; and
   94         (c) Meet eligibility requirements according to the
   95  following criteria:
   96         1. As used in this subsection, the term “good moral
   97  character” means a personal history of honesty, fairness, and
   98  respect for the rights of others and for state and federal law.
   99         2. The board may determine that an individual applying for
  100  registration is ineligible due to failure to satisfy the
  101  requirement of good moral character only if:
  102         a. There is a substantial connection between the lack of
  103  good moral character of the individual and the professional
  104  responsibilities of a registered contractor; and
  105         b. The finding by the board of lack of good moral character
  106  is supported by clear and convincing evidence.
  107         3. When an individual is found to be unqualified because of
  108  lack of good moral character, the board must furnish such
  109  individual a statement containing the findings of the board, a
  110  complete record of evidence upon which the determination was
  111  based, and a notice of the rights of the individual to a
  112  rehearing and an appeal.
  113         4. A person who has had his or her voting rights restored
  114  pursuant to s. 4, Art. VI of the State Constitution upon
  115  completion of all terms of sentence for a felony conviction for
  116  an offense other than murder or a felony sexual offense is
  117  eligible for licensure as an electrical contractor so long as he
  118  or she meets all other requirements established under this
  119  section.
  120         Section 15. Paragraph (a) of subsection (4) of section
  121  489.553, Florida Statutes, is amended to read:
  122         489.553 Administration of part; registration
  123  qualifications; examination.—
  124         (4) To be eligible for registration by the department as a
  125  septic tank contractor, the applicant must:
  126         (a) Be of good moral character. In considering good moral
  127  character, the department may consider any matter that has a
  128  substantial connection between the good moral character of the
  129  applicant and the professional responsibilities of a registered
  130  contractor, including, but not limited to: the applicant being
  131  convicted or found guilty of, or entering a plea of nolo
  132  contendere to, regardless of adjudication, a crime in any
  133  jurisdiction which directly relates to the practice of
  134  contracting or the ability to practice contracting; and previous
  135  disciplinary action involving septic tank contracting, where all
  136  judicial reviews have been completed. A person who has had his
  137  or her voting rights restored pursuant to s. 4, Art. VI of the
  138  State Constitution upon completion of all terms of sentence for
  139  a felony conviction for an offense other than murder or a felony
  140  sexual offense is eligible for licensure so long as he or she
  141  meets all other requirements established under this section.
  142         Section 16. Section 1009.02, Florida Statutes, is created
  143  to read:
  144         1009.02 Eligibility for educational scholarships upon
  145  restoration of voting rights.—Notwithstanding any other
  146  provision of this chapter, a person who has had his or her
  147  voting rights restored pursuant to s. 4, Art. VI of the State
  148  Constitution upon the completion of all terms of his or her
  149  sentence for a felony conviction for an offense other than
  150  murder or a felony sexual offense is eligible to be awarded any
  151  scholarship, grant, or other aid for higher education or
  152  vocational training under this chapter so long as he or she
  153  meets all other requirements to be awarded the scholarship,
  154  grant, or other aid.
  155  
  156  ================= T I T L E  A M E N D M E N T ================
  157  And the title is amended as follows:
  158         Delete line 45
  159  and insert:
  160         outstanding terms of sentence upon release; amending
  161         ss. 476.144, 477.019, 489.115, 489.513, and 489.553,
  162         F.S.; specifying eligibility for licensure for
  163         barbering, cosmetology, and contracting for persons
  164         who have had voting rights restored pursuant to s. 4,
  165         Art. VI of the State Constitution; creating s.
  166         1009.02, F.S.; specifying eligibility for educational
  167         scholarships, grants, or other aid for persons who
  168         have had voting rights restored pursuant to s. 4, Art.
  169         VI of the State Constitution; creating