SB 1318 — Licensing and Training

removing provisions prohibiting state funds for the operation of postsecondary workforce programs and funds for the Florida College System Program Fund, respectively, from being used for the education of certain state inmates;

1011.80,1011.84, F.S.;

removingconforming a provision prohibitingto statechanges fundsmade forby the operationact; of postsecondary workforce programs from being used for the education of certain state inmates;

1575 Be It Enacted by the Legislature of the State of Florida:

1777 Section 1. Present1. Subsection subsections (4) andis (5)added ofto section 944.801,120.565, Florida Statutes, are renumbered as subsections (5) and (6), respectively, and a new subsection (4) is added to that section, to read:

944.801 Education120.565 Declaratory forstatement stateby prisoners.—agencies.— (4) The(4)(a) Any departmentperson may contractseek with a districtdeclaratory schoolstatement board,regarding an agency’s opinion as to the Floridaeffect Virtualof School,the petitioner’s criminal background on his or her eligibility for a charterspecific schooloccupational authorizedor toprofessional operatelicense, underregistration, s.or certificate issued by the agency based on the applicable statutes and rules for the occupation or profession.

The petition may include mitigating factors or other information the petitioner believes relevant to establish the petitioner’s eligibility, including, but not limited to, the time elapsed since completion of or lawful release from confinement, supervision, or nonmonetary condition imposed by the court for a disqualifying offense, and the petitioner’s standing in his or her community.

A person may seek a declaratory statement under this subsection before attaining any education, training, experience, or other prerequisites for the license, registration, or certification.

(b) The agency’s conclusion in the declaratory statement must indicate whether:

1. The petitioner is disqualified from obtaining the license, registration, or certification due to the petitioner’s criminal background, regardless of the petitioner’s education, training, experience, or other prerequisites required for the license, registration, or certification.

2. The petitioner is not eligible for a specified occupational or professional license, registration, or certification because of his or her criminal background, but that the conclusion may be reversed upon the petitioner’s presentation of evidence of rehabilitation or mitigation identified by the agency in the declaratory statement at any time subsequent to the issuance of the declaratory statement.

3. Federal laws or regulations may impede the petitioner’s licensure, registration, or certification in the profession or occupation.

4. Conditions or restrictions imposed by the court on the petitioner for a disqualifying offense may impede the petitioner’s licensure, registration, or certification in the profession or occupation.

(c) The agency’s conclusion in the declaratory statement shall be binding on the agency as to the petitioner, unless the petitioner’s subsequent criminal history constitutes an independent basis for denial of the petitioner’s application for a license, registration, or certification in the profession or occupation.

The agency’s conclusion is subject to judicial review pursuant to s.

120.68.

(d) A person seeking a declaratory statement under this subsection must submit to the agency, in addition to the petition for a declaratory statement:

1. A fee set by the agency not to exceed $100;

2. A certified copy of each criminal judgment rendered against the petitioner;

and 3. A complete set of electronic fingerprints.

(e) The agency shall submit the fingerprints to the Department of Law Enforcement for a state criminal history record check and the Department of Law Enforcement shall forward them to the Federal Bureau of Investigation for a national criminal history record check.

The agency shall review the criminal history record results to determine if the petitioner meets licensure, registration, or certification requirements.

The petitioner shall pay the actual cost of state and federal processing in addition to the fee in subparagraph (d)1.

Section 2. Present subsections (3) through (12) of section 455.213, Florida Statutes, are redesignated as subsections (4) through (13), respectively, subsection (2) of that section is amended, and a new subsection (3) is added to that section, to read:

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 provision of law, the 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:

1. Barber under chapter 476;

2. Cosmetologist or cosmetology specialist under chapter 477;

or 3. Any of the following construction professions under chapter 489:

a. Air-conditioning contractor;

b. Electrical contractor;

c. Mechanical contractor;

d. Plumbing contractor;

e. Pollutant storage systems contractor;

f. Roofing contractor;

g. Septic tank contractor;

h. Sheet metal contractor;

i. Solar contractor;

j. Swimming pool and spa contractor;

k. Underground utility and excavation contractor;

and l. Other specialty contractors, excluding alarm system contractors.

(b) Except as provided in s.

435.07(4) and convictions pursuant to chapter 812, a conviction for a crime more than 5 years before the date of the application may not be grounds for denial of a license specified in paragraph (a).

For purposes of this paragraph, the term “conviction” means having been found guilty, with or without adjudication of guilt, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

(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 board may not deny an application for a license solely on the basis of the applicant’s current confinement or supervision.

2. After a license application is approved, the board may stay the issuance of a license until the applicant is lawfully released from confinement or supervision and the applicant notifies the board of such release.

The board must verify the applicant’s release with the Department of Corrections before it issues a license.

3. If an applicant is unable to appear in person due to his or her confinement or supervision, the board must permit the applicant to appear by teleconference or video conference, as appropriate, at any meeting of the board or other hearing by the agency concerning his or her application.

4. If an applicant is confined or under supervision, the Department of Corrections and the 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) The board shall adopt rules specifying the crimes that, if committed, and regardless of adjudication, relate to the practice of the profession or the ability to practice the profession and may constitute grounds for denial of a license.

Section 3. Present subsections (2) through (8) of section 464.203, Florida Statutes, are redesignated as subsections (3) through (9), respectively, and a new subsection (2) is added to that section, to read:

464.203 Certified nursing assistants;

certification requirement.— (2)(a)1. Notwithstanding s.

456.0635, and except as provided in s.

435.07(4), a conviction for a crime more than 7 years before the date of the application may not be grounds for denial of a certificate to practice as a certified nursing assistant.

2. Notwithstanding s.

456.0635, and except as provided in s.

435.07(4), a conviction for a crime more than 7 years before the date of the application may not be grounds for failure of a required background screening.

3. For purposes of this paragraph, the term “conviction” means having been found guilty, with or without adjudication of guilt, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

(b)1. A person may apply for a certificate to practice as a certified nursing assistant 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 board may not deny an application for a certificate solely on the basis of the person’s current confinement or supervision.

2. After a certification application is approved, the board may stay the issuance of a certificate until the applicant notifies the board of his or her lawful release from confinement or supervision.

The board must verify the applicant’s release with the Department of Corrections before it issues a license.

3. If an applicant is unable to appear in person due to his or her confinement or supervision, the board must permit the applicant to appear by teleconference or video conference, as appropriate, at any meeting of the board or other hearing by the agency concerning his or her application.

4. If an applicant is confined or under supervision, the Department of Corrections and the 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.

(c) The board shall adopt rules specifying the crimes that, if committed, and regardless of adjudication, relate to the practice of the profession or the ability to practice the profession and may constitute grounds for denial of a certification.

Section 4. Subsection (4) of section 400.211, Florida Statutes, is amended to read:

400.211 Persons employed as nursing assistants;

certification requirement.— (4) When employed by a nursing home facility for a 12-month period or longer, a nursing assistant, to maintain certification, shall submit to a performance review every 12 months and must receive regular inservice education based on the outcome of such reviews.

The inservice training must meet all of the following requirements:

(a) Be sufficient to ensure the continuing competence of nursing assistants and must meet the standard specified in s.

464.203(8).

s.

464.203(7);

(b) Include, at a minimum:

1. Techniques for assisting with eating and proper feeding;

2. Principles of adequate nutrition and hydration;

3. Techniques for assisting and responding to the cognitively impaired resident or the resident with difficult behaviors;

4. Techniques for caring for the resident at the end-of life;

and 5. Recognizing changes that place a resident at risk for pressure ulcers and falls.;

and (c) Address areas of weakness as determined in nursing assistant performance reviews and may address the special needs of residents as determined by the nursing home facility staff.

290 Costs associated with this training may not be reimbursed from additional Medicaid funding through interim rate adjustments.

Section 5. Present subsections (4) and (5) of section 944.801, Florida Statutes, are renumbered as subsections (5) and (6), respectively, and a new subsection (4) is added to that section, to read:

944.801 Education for state prisoners.— (4) The department may contract with a district school board, the Florida Virtual School, a Florida College System institution, a virtual education provider approved by the State Board of Education, or a charter school authorized to operate under s.

The educational services may include any educational, career, or vocationalworkforce education training that is authorized by the department.

Section 2. Section6. Section 951.176, Florida Statutes, is amended to read:

951.176 Provision of education programs for youth.— (1) Each county may contract with a district school board, the Florida Virtual School, a Florida College System institution, a virtual education provider approved by the State Board of Education, or a charter school authorized to operate under s.

The educational services may include any educational, career, or vocationalworkforce education training that is authorized by the sheriff or chief correctional officer, or his or her designee.

Section 3. Paragraph7. Paragraph (b) of subsection (7) of section 1011.80, Florida Statutes, is amended to read:

1011.80 Funds for operation of workforce education programs.— (7) (b) State funds provided for the operation of postsecondary workforce programs may not be expended for the education of state inmates with more than 2448 months of time remaining to serve on their sentence or federal inmates.

Section 4. This8. Subsection act(4) shallof takesection effect1011.81, JulyFlorida 1,Statutes, 2018.is amended to read:

1011.81 Florida College System Program Fund.— (4) State funds provided for the Florida College System Program Fund may not be expended for the education of state inmates with more than 48 months of time remaining on their sentence or federal inmates.

Section 9. Paragraph (e) of subsection (1) of section 1011.84, Florida Statutes, is amended to read:

1011.84 Procedure for determining state financial support and annual apportionment of state funds to each Florida College System institution district.—The procedure for determining state financial support and the annual apportionment to each Florida College System institution district authorized to operate a Florida College System institution under the provisions of s.

1001.61 shall be as follows:

(1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE FLORIDA COLLEGE SYSTEM PROGRAM FUND FOR THE CURRENT OPERATING PROGRAM.— (e) All state inmate education provided by Florida College System institutions shall be reported by program, FTE expenditure, and revenue source.

These enrollments, expenditures, and revenues shall be reported and projected separately.

Instruction of state inmates with more than 48 months of time remaining on their sentence may shall not be included in the full-time equivalent student enrollment for funding through the Florida College System Program Fund.

Section 10. This act shall take effect July 1, 2018.