Bill Text: FL S1272 | 2017 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Professional Regulation
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-04-26 - Laid on Table, companion bill(s) passed, see CS/CS/HB 615 (Ch. 2017-135) [S1272 Detail]
Download: Florida-2017-S1272-Comm_Sub.html
Bill Title: Professional Regulation
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-04-26 - Laid on Table, companion bill(s) passed, see CS/CS/HB 615 (Ch. 2017-135) [S1272 Detail]
Download: Florida-2017-S1272-Comm_Sub.html
Florida Senate - 2017 CS for SB 1272 By the Committee on Regulated Industries; and Senator Brandes 580-02978B-17 20171272c1 1 A bill to be entitled 2 An act relating to professional regulation; providing 3 a short title; amending s. 455.02, F.S.; revising the 4 length of time that an active duty member of the Armed 5 Forces of the United States may remain in good 6 standing with an administrative board or program under 7 certain circumstances; requiring that a spouse or 8 surviving spouse be kept in good standing and be 9 exempt from licensure renewal provisions under certain 10 circumstances; requiring, rather than authorizing, the 11 Department of Business and Professional Regulation to 12 issue a professional license, rather than a temporary 13 license, to specified applicants; revising application 14 requirements; requiring the department to waive the 15 applicant’s initial licensure application fee; 16 authorizing licensure renewal; amending s. 455.219, 17 F.S.; providing for a fee waiver for active duty 18 members of the Armed Forces, certain spouses or 19 surviving spouses of an active duty member, and low 20 income individuals; defining the term “low-income 21 individual”; requiring an application for a fee waiver 22 to be processed within a specified time; providing 23 rulemaking authority; providing an appropriation; 24 providing an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. This act may be cited as the “Occupational 29 Opportunity Act.” 30 Section 2. Section 455.02, Florida Statutes, is amended to 31 read: 32 455.02 Licensure of members of the Armed Forces in good standing 33 and their spouses or surviving spouses with administrative 34 boards or programs.— 35 (1) Any member of the Armed Forces of the United States now 36 or hereafter on active duty who, at the time of becoming such a 37 member, was in good standing with any of the boards or programs 38 listed in s. 20.165administrative board of the state and was 39 entitled to practice or engage in his or her profession or 40 vocation in the state shall be kept in good standing by the 41 applicablesuch administrativeboard or program, without 42 registering, paying dues or fees, or performing any other act on 43 his or her part to be performed, as long as he or she is a 44 member of the Armed Forces of the United States on active duty 45 and for a period of 2 years6 monthsafter discharge from active 46 duty as a member of the Armed Forces of the United States, if he 47 or she is not engaged in his or her licensed profession or 48 vocation in the private sector for profit. 49 (2) A spouse of a member of the Armed Services of the 50 United States who is married to a member during a period of 51 active duty, or a surviving spouse of a member who at the time 52 of death was serving on active duty,The boards listed in s.5320.165 shall adopt rules that exempt the spouse of a member of54the Armed Forces of the United Stateswho is in good standing 55 with any of the boards or programs listed in s. 20.165 shall be 56 kept in good standing by the applicable board or program as 57 described in subsection (1) and shall be exempt from licensure 58 renewal provisions, but only in cases of his or her absence from 59 the state because of his or her spouse’s duties with the Armed 60 Forces. 61 (3)(a) The department shallmayissue atemporary62 professional license to an applicant who is or wasthe spouse of63 an active duty member of the Armed Forces of the United States, 64 or who is a spouse or surviving spouse of such member, upon 65 applicationif the spouseappliesto the department in athe66 format prescribed by the department. An application must include 67 proof that: 68 1. The applicant is or was an active duty member of the 69 Armed Forces of the United States or is married to a member of 70 the Armed Forces of the United States and was married to the 71 member during any period ofwho is onactive duty or was married 72 to such a member who at the time of the member’s death was 73 serving on active duty. 74 2. The applicant holds a valid license for the profession 75 issued by another state, the District of Columbia, any 76 possession or territory of the United States, or any foreign 77 jurisdiction. 78 3. The applicant, when required by the specific practice 79 act, has complied with insurance or bonding requirementsThe80applicant’s spouse is assigned to a duty station in this state81and that the applicant is also assigned to a duty station in82this state pursuant to the member’s official active duty83military orders. 84 4.a. A complete set of the applicant’s fingerprints is 85 submitted to the Department of Law Enforcement for a statewide 86 criminal history check. 87 b. The Department of Law Enforcement shall forward the 88 fingerprints submitted pursuant to sub-subparagraph a. to the 89 Federal Bureau of Investigation for a national criminal history 90 check. The department shall, and the board may, review the 91 results of the criminal history checks according to the level 2 92 screening standards in s. 435.04 and determine whether the 93 applicant meets the licensure requirements. The costs of 94 fingerprint processing shall be borne by the applicant. If the 95 applicant’s fingerprints are submitted through an authorized 96 agency or vendor, the agency or vendor shall collect the 97 required processing fees and remit the fees to the Department of 98 Law Enforcement. 99 (b) The department shall waive the applicant’s initial 100 licensure application feeAn application must be accompanied by101an application fee prescribed by the department that is102sufficient to cover the cost of issuance of the temporary103license. 104 (c) An applicant who is issued a license under this section 105 may renew such license upon completion of the conditions for 106 renewal required of licenseholders under the applicable practice 107 act, including, without limitation, continuing education 108 requirements. This paragraph does not limit waiver of initial 109 licensure requirements under this subsectionA temporary license110expires 6 months after the date of issuance and is not111renewable. 112 Section 3. Subsection (7) is added to section 455.219, 113 Florida Statutes, to read: 114 455.219 Fees; receipts; disposition; periodic management 115 reports.— 116 (7)(a) The department, or a board thereunder, shall waive 117 the initial licensing fee for a member of the Armed Services of 118 the United States that has served on active duty, the spouse of 119 a member of the Armed Services of the United States who was 120 married to the member during a period of active duty, the 121 surviving spouse of a member of the Armed Services of the United 122 States who at the time of death was serving on active duty, or a 123 low-income individual upon application by the individual in a 124 format prescribed by the department. The application format must 125 include the applicant’s signature, under penalty of perjury, and 126 supporting documentation as required by the department. For 127 purposes of this subsection, the term “low-income individual” 128 means a person whose household income, before taxes, is at or 129 below 130 percent of the federal poverty guidelines prescribed 130 for the family’s household size by the United States Department 131 of Health and Human Services, proof of which may be shown 132 through enrollment in a state or federal public assistance 133 program that requires participants to be at or below 130 percent 134 of the federal poverty guidelines to qualify. 135 (b) The department, or a board thereunder, shall process an 136 application for a fee waiver within 30 days after receiving it 137 from the applicant. 138 (c) The department shall adopt rules necessary to implement 139 the provisions of this subsection. 140 Section 4. For the 2017-2018 fiscal year, the nonrecurring 141 sum of $31,000 from the Administrative Trust Fund is 142 appropriated to the Department of Business and Professional 143 Regulation for costs associated with technology infrastructure 144 and licensing modifications needed for the purposes of 145 implementing this act. 146 Section 5. This act shall take effect July 1, 2017.