Ch.455
Florida Statutes: Ch. 455: Engineering (455.01 to 455.32) – rules adopted, amended, or repealed during the immediate preceding biennium
EFFECTIVE DATE: July 1, 2022
STATUTE NO.: STATUTE TITLE:
455.02 Licensure of members of the Armed Forces in good standing and their spouses or surviving spouses with administrative boards or programs
SUMMARY: The statute amendment requires the Department of Business and Professional Regulation to expedite professional license applications submitted by spouses of active-duty members of the Armed Forces of the United States and requires the department to issue certain licenses within a specified timeframe.
455.02 Licensure of members of the Armed Forces in good standing and their spouses or surviving spouses with administrative boards or programs.
d) The department shall expedite all applications submitted by a spouse of an active duty member of the Armed Forces of the United States pursuant to this subsection and shall issue a license within 7 days after receipt of a complete application that includes all required documentation under subparagraphs (a)1.-4.
EFFECTIVE DATE: October 1, 2019
STATUTE NO.: STATUTE TITLE:
455.213 General licensing provisions.—
SUMMARY: The statute amendment provides for requiring certain boards and entities within the Divisions of the Department of Business and Professional Regulation to use a specified process for the review of an applicant’s criminal record to determine the applicant’s eligibility for certain licenses
455.213 General licensing provisions.
(2) Before the issuance of any license, the department may charge an initial license fee as determined by rule of the applicable board or, if no such board exists, by rule of the department. Upon receipt of the appropriate license fee, except as provided in subsection (4) (3), the department shall issue a license to any person certified by the appropriate board, or its designee, or the department when there is no board, as having met the applicable requirements imposed by law or rule. However, an applicant who is not otherwise qualified for licensure is not entitled to licensure solely based on a passing score on a required examination. Upon a determination by the department that it erroneously issued a license, or upon the revocation of a license by the applicable board, or by the department when there is no board, the licensee must surrender his or her license to the department.
(3)(a) Notwithstanding any other law, the applicable board shall use the process in this subsection for review of an applicant’s criminal record to determine his or her eligibility for licensure as:
- A barber under chapter 476;
- A cosmetologist or cosmetology specialist under chapter 477;
- Any of the following construction professions under chapter 489:
- Air-conditioning contractor;
- Electrical contractor;
- Mechanical contractor;
- Plumbing contractor;
- Pollutant storage systems contractor;
- Roofing contractor;
- Sheet metal contractor;
- Solar contractor;
- Swimming pool and spa contractor;
- Underground utility and excavation contractor; or
- Other specialty contractors; or
- Any other profession for which the department issues a license, provided the profession is offered to inmates in any correctional institution or correctional facility as vocational training or through an industry certification program.
(b)1. A conviction, or any other adjudication, for a crime more than 5 years before the date the application is received by the applicable board may not be grounds for denial of a license specified in paragraph (a). For purposes of this paragraph, the term “conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. This paragraph does not limit the applicable board from considering an applicant’s criminal history that includes a crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but only if such criminal history has been found to relate to the practice of the applicable profession.
- The applicable board may consider the criminal history of an applicant for licensure under subparagraph (a)3. if such criminal history has been found to relate to good moral character.
(c)1. A person may apply for a license before his or her lawful release from confinement or supervision. The department may not charge an applicant an additional fee for being confined or under supervision. The applicable board may not deny an application for a license solely on the basis of the applicant’s current confinement or supervision.
- After a license application is approved, the applicable board may stay the issuance of a license until the applicant is lawfully released from confinement or supervision and the applicant notifies the applicable board of such release. The applicable board must verify the applicant’s release with the Department of Corrections before it issues a license.
- If an applicant is unable to appear in person due to his or her confinement or supervision, the applicable board must permit the applicant to appear by teleconference or video conference, as appropriate, at any meeting of the applicable board or other hearing by the agency concerning his or her application.
- If an applicant is confined or under supervision, the Department of Corrections and the applicable board shall cooperate and coordinate to facilitate the appearance of the applicant at a board meeting or agency hearing in person, by teleconference, or by video conference, as appropriate.
(d) Each applicable board shall compile a list of crimes that, if committed and regardless of adjudication, do not relate to the practice of the profession or the ability to practice the profession and do not constitute grounds for denial of a license. This list must be made available on the department’s website and updated annually. Beginning October 1, 2019, each applicable board shall compile a list of crimes that although reported by an applicant for licensure, were not used as a basis for denial. The list must identify for each such license application the crime reported and the date of conviction and whether there was a finding of guilt, a plea, or an adjudication entered or the date of sentencing.
(e) Each applicable board shall compile a list of crimes that have been used as a basis for denial of a license in the past 2 years and shall make the list available on the department’s website. Starting October 1, 2019, and updated quarterly thereafter, the applicable board shall compile a list indicating each crime used as a basis for denial. For each crime listed, the applicable board must identify the date of conviction, finding of guilt, plea, or adjudication entered, or date of sentencing. Such denials must be made available to the public upon request.
EFFECTIVE DATE: July 1, 2020
STATUTE NO.: STATUTE TITLE:
455.213 General licensing provisions
SUMMARY: The statute amendment provides for requiring the department or a board to enter into reciprocal licensing agreements with other states under certain circumstances
455.213 General licensing provisions.
(14) The department or a board must enter into a reciprocal licensing agreement with other states if the practice act within the purview of this chapter permits such agreement. If a reciprocal licensing agreement exists or if the department or board has determined another state’s licensing requirements or examinations to be substantially equivalent or more stringent to those under the practice act, the department or board must post on its website which jurisdictions have such reciprocal licensing agreements or substantially similar licenses.
EFFECTIVE DATE: July 1, 2020
STATUTE NO.: STATUTE TITLE:
455.2278 Restriction on disciplinary action for student loan default.
SUMMARY: The statute amendment provides for prohibiting the department or a board from suspending or revoking a person’s license solely on the basis of a delinquency or default in the payment of his or her student loan
455.2278 Restriction on disciplinary action for student loan default.
(1) DEFINITIONS.—As used in this section, the term:
(a) “Default” means the failure to repay a student loan according to the terms agreed to in the promissory note.
(b) “Delinquency” means the failure to make a student loan payment when it is due.
(c) “Student loan” means a federal-guaranteed or state-guaranteed loan for the purposes of postsecondary education.
(d) “Work-conditional scholarship” means an award of financial aid for a student to further his or her education which imposes an obligation on the student to complete certain work-related requirements to receive or to continue receiving the scholarship.
(2) STUDENT LOAN DEFAULT; DELINQUENCY.—The department or a board may not suspend or revoke a license that it has issued to any person who is in default on or delinquent in the payment of his or her student loans solely on the basis of such default or delinquency.
(3) WORK-CONDITIONAL SCHOLARSHIP DEFAULT.—The department or a board may not suspend or revoke a license that it has issued to any person who is in default on the satisfaction of the requirements of his or her work-conditional scholarship solely on the basis of such default.
EFFECTIVE DATE: October 1, 2019
STATUTE NO.: STATUTE TITLE:
455.271 Inactive and delinquent status
SUMMARY: The statute amendment provides for requiring the department or a board to establish by rule a reinstatement process for void licenses;
455.271 Inactive and delinquent status.
(6)(a) A delinquent status licensee must affirmatively apply with a complete application, as defined by rule of the board, or the department if there is no board, for active or inactive status during the licensure cycle in which a licensee becomes delinquent. Failure by a delinquent status licensee to become active or inactive before the expiration of the current licensure cycle shall render the license void without any further action by the board or the department. The board, or the department if there is no board, shall, by rule, establish a reinstatement process for void licenses.