HB 397 — Professional Regulation

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.

(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, which shall be made available on the department's website.

Starting October 1, 2019, and updated quarterly thereafter, the applicable board shall compile a list indicating eachPage crime6 usedof as12 aCODING: basis for denial.

ForWords eachstricken crimeare listed,deletions; the board must identify the date of conviction, finding of guilt, plea, or adjudication entered, or date of sentencing.

words underlined are additions.

hb0397-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 397 2019 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.

Section 489.107, Florida Statutes, is amended to read:

489.107 Construction Industry Licensing Board.— (1) To carry out the provisions of this part, there is created within the department the Construction Industry Licensing Board.

Members shall be appointed by the Governor, subject to confirmation by the Senate.

Members shall be appointed for 4-year terms.

A vacancy on the board shall be filled for the unexpired portion of the term in the same manner as the original appointment.

No member shall serve more than two consecutive 4-year terms or more than 11 years on the board.

(2) The board shall consist of 10 18 members, of whom:

(a) Two Four are primarily engaged in business as general contractors;

(b) Two Three are primarily engaged in business as building contractors or residential contractors, however, at least one building contractor and one residential contractor shall be appointed;

(c) One is primarily engaged in business as a roofing contractor;

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hb0397-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 397 2019 (d) One is primarily engaged in business as a sheet metal contractor;

(e) One is primarily engaged in business as an air- conditioning contractor;

(d)(f) One is primarily engaged in business as a mechanical contractor;

(e)(g) One is primarily engaged in business as a pool contractor;

(f)(h) One is primarily engaged in business as a plumbing contractor;

(g)(i) One is primarily engaged in business as an underground utility and excavation contractor;

and (h) One is a building official of a municipality or county.

(j) Two are consumer members who are not, and have never been, members or practitioners of a profession regulated by the board or members of any closely related profession;

and (k) Two are building officials of a municipality or county.

(3) To be eligible to serve, each contractor member must have been certified by the board to operate as a contractor in the category with respect to which the member is appointed, be actively engaged in the construction business, and have been so engaged for a period of not less than 5 consecutive years before the date of appointment.

Each appointee must be a citizen and Page 8 of 12 CODING:

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hb0397-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 397 2019 resident of the state.

(4) The board shall be divided into two divisions, Division I and Division II.

(a) Division I is comprised of the general contractor, building contractor, and residential contractor members of the board;

one of the members appointed pursuant to paragraph (2)(j);

and one of the members appointed pursuant to paragraph (2)(k).

Division I has jurisdiction over the regulation of general contractors, building contractors, and residential contractors.

(b) Division II is comprised of the roofing contractor, sheet metal contractor, air-conditioning contractor, mechanical contractor, pool contractor, plumbing contractor, and underground utility and excavation contractor members of the board;

one of the members appointed pursuant to paragraph (2)(j);

and one of the members appointed pursuant to paragraph (2)(k).

Division II has jurisdiction over the regulation of contractors defined in s.

489.105(3)(d)-(p).

(c) Jurisdiction for the regulation of specialty contractors defined in s.

489.105(3)(q) shall lie with the division having jurisdiction over the scope of work of the specialty contractor as defined by board rule.

(5) Three Five members of Division I constitute a quorum, and three five members of Division II constitute a quorum.

The combined divisions shall meet together at such times as the Page 9 of 12 CODING:

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hb0397-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 397 2019 board deems necessary, but neither division, nor any committee thereof, shall take action on any matter under the jurisdiction of the other division.

However, if either division is unable to obtain a quorum for the purpose of conducting disciplinary proceedings, it may request members of the other division, who are otherwise qualified to serve on the division unable to obtain a quorum, to join in its deliberations.

Such additional members shall vote and count toward a quorum only during those disciplinary proceedings.

(6) The Construction Industry Licensing Board and the Electrical Contractors' Licensing Board shall each appoint a committee to meet jointly at least twice a year.

Section 3.

examination.— (7) Notwithstanding any other provision of law, a conviction, or any other adjudication, for a crime more than 5 years before the date the application is received by the Pagedepartment 6may ofnot 10be CODING:grounds for denial of registration.

For purposes of this subsection, the term "conviction" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.

This subsection does not limit a board from considering an applicant's criminal history that includes any crime listed in s.

775.21(4)(a)1.

or Page 10 of 12 CODING:

hb0397-02-c2hb0397-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 397 2019 departments. may not be grounds for denial of registration.

For776.08 purposesat ofany thistime subsection,only theif termsuch "conviction"criminal meanshistory ahas determinationbeen offound guiltto thatrelate isto the resultpractice of athe pleaapplicable profession, or trial,any regardlesscrime ofif whetherit adjudicationhas isbeen withheld.found to relate to good moral character.

(d) If an applicant is confined or under supervision, the Department of Corrections and the department shall cooperate and coordinate to facilitate the appearance of the applicant at a meeting or hearing in person, by teleconference, or by video Page 711 of 1012 CODING:

hb0397-02-c2hb0397-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 397 2019 conference, as appropriate.

Section 3.

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

400.211 Persons employed as nursing assistants;

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hb0397-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 397 2019 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(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.

Costs associated with this training may not be reimbursed from Page 9 of 10 CODING:

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hb0397-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 397 2019 additional Medicaid funding through interim rate adjustments.

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