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Senate Bill 2248

Senate Bill sb2248

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2248

    By Senator Peaden





    2-1415-04                                               See HB

  1                      A bill to be entitled

  2         An act relating to business and professional

  3         regulation; amending s. 455.271, F.S.;

  4         providing requirements for relicensure of

  5         delinquent licensees who were originally

  6         licensed under a grandfather provision;

  7         reenacting s. 455.203(9), F.S., relating to

  8         screening of applicants for new or renewal

  9         licenses for compliance with child support

10         obligations, for purposes of the amendment to

11         s. 455.271, F.S.; providing an effective date.

12  

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

14  

15         Section 1.  Section 455.271, Florida Statutes, is

16  amended to read:

17         455.271  Inactive and delinquent status.--

18         (1)  A licensee may practice a profession only if the

19  licensee has an active status license. A licensee who

20  practices a profession without an active status license is in

21  violation of this section and s. 455.227, and the board, or

22  the department when there is no board, may impose discipline

23  on the licensee.

24         (2)  Each board, or the department when there is no

25  board, shall permit a licensee to choose, at the time of

26  licensure renewal, an active or inactive status. However, a

27  licensee who changes from inactive to active status is not

28  eligible to return to inactive status until the licensee

29  thereafter completes a licensure cycle on active status.

30         (3)  Each board, or the department when there is no

31  board, shall, by rule, impose a fee for an inactive status

                                  1

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    Florida Senate - 2004                                  SB 2248
    2-1415-04                                               See HB




 1  license which is no greater than the fee for an active status

 2  license.

 3         (4)  An inactive status licensee may change to active

 4  status at any time, provided the licensee meets all

 5  requirements for active status, pays any additional licensure

 6  fees necessary to equal those imposed on an active status

 7  licensee, pays any applicable reactivation fees as set by the

 8  board, or the department when there is no board, and meets all

 9  continuing education requirements as specified in this

10  section.

11         (5)  A licensee shall apply with a complete

12  application, as defined by rule of the board, or the

13  department when there is no board, to renew an active or

14  inactive status license before the license expires. Failure of

15  a licensee to renew before the license expires shall cause the

16  license to become delinquent in the license cycle following

17  expiration.

18         (6)  A delinquent status licensee must affirmatively

19  apply with a complete application, as defined by rule of the

20  board, or the department when there is no board, for active or

21  inactive status during the licensure cycle in which a licensee

22  becomes delinquent. Failure by a delinquent status licensee to

23  become active or inactive before the expiration of the current

24  licensure cycle shall render the license null without any

25  further action by the board or the department.

26         (7)(a)  Any subsequent licensure of a licensee who was

27  issued an initial license under the appropriate practice act

28  and whose license has become delinquent and been rendered null

29  as provided in subsection (6) shall be as a result of applying

30  for and meeting all requirements imposed on an applicant for

31  new licensure.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2248
    2-1415-04                                               See HB




 1         (b)  Any subsequent relicensure of a licensee who was

 2  issued an initial license pursuant to any grandfather

 3  provision in effect at the time of enactment of the

 4  appropriate practice act and whose license has become

 5  delinquent and been rendered null as provided in subsection

 6  (6) shall be as a result of applying for and meeting all

 7  requirements imposed on an applicant for initial licensure

 8  under either the current regulatory statute or any former or

 9  predecessor chapter of the statutes providing for licensure of

10  practitioners of that profession under any initial grandfather

11  provision. For purposes of this paragraph, "grandfather

12  provision" means a provision that allows an exemption to a

13  newly enacted requirement based upon a preexisting condition.

14  However, the applicant for grandfather relicensure under this

15  paragraph must pay the appropriate fees imposed for current

16  applicants for new licensure and license renewal and may not

17  have had any felony, practice act, or unlicensed activity

18  penalties imposed for violations occurring during the period

19  the license was null. The department shall comply with the

20  provisions of s. 455.203(9) as they apply to applicants for

21  grandfather relicensure.

22         (8)(7)  Each board, or the department when there is no

23  board, shall, by rule, impose an additional delinquency fee,

24  not to exceed the biennial renewal fee for an active status

25  license, on a delinquent status licensee when such licensee

26  applies for active or inactive status.

27         (9)(8)  Each board, or the department when there is no

28  board, shall, by rule, impose an additional fee, not to exceed

29  the biennial renewal fee for an active status license, for

30  processing a licensee's request to change licensure status at

31  any time other than at the beginning of a licensure cycle.

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2248
    2-1415-04                                               See HB




 1         (10)(9)  Each board, or the department when there is no

 2  board, may, by rule, impose reasonable conditions, excluding

 3  full reexamination but including part of a national

 4  examination or a special purpose examination to assess current

 5  competency, necessary to ensure that a licensee who has been

 6  on inactive status for more than two consecutive biennial

 7  licensure cycles and who applies for active status can

 8  practice with the care and skill sufficient to protect the

 9  health, safety, and welfare of the public. Reactivation

10  requirements may differ depending on the length of time

11  licensees are inactive. The costs to meet reactivation

12  requirements shall be borne by licensees requesting

13  reactivation.

14         (11)(10)  Before reactivation, an inactive or

15  delinquent licensee shall meet the same continuing education

16  requirements, if any, imposed on an active status licensee for

17  all biennial licensure periods in which the licensee was

18  inactive or delinquent.

19         (12)(11)  The status or a change in status of a

20  licensee shall not alter in any way the board's, or the

21  department's when there is no board, right to impose

22  discipline or to enforce discipline previously imposed on a

23  licensee for acts or omissions committed by the licensee while

24  holding a license, whether active, inactive, or delinquent.

25         (13)(12)  Except as otherwise provided in subsection

26  (7), this section does not apply to a business establishment

27  registered, permitted, or licensed by the department to do

28  business or to a person licensed, permitted, registered, or

29  certified pursuant to chapter 310 or chapter 475.

30         Section 2.  Subsection (9) of section 455.203, Florida

31  Statutes, is reenacted to read:

                                  4

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    Florida Senate - 2004                                  SB 2248
    2-1415-04                                               See HB




 1         455.203  Department; powers and duties.--The

 2  department, for the boards under its jurisdiction, shall:

 3         (9)  Allow applicants for new or renewal licenses and

 4  current licensees to be screened by the Title IV-D child

 5  support agency pursuant to s. 409.2598 to assure compliance

 6  with a support obligation. The purpose of this subsection is

 7  to promote the public policy of this state as established in

 8  s. 409.2551. The department shall, when directed by the court,

 9  suspend or deny the license of any licensee found to have a

10  delinquent support obligation, as defined in s. 409.2554. The

11  department shall issue or reinstate the license without

12  additional charge to the licensee when notified by the court

13  that the licensee has complied with the terms of the court

14  order. The department shall not be held liable for any license

15  denial or suspension resulting from the discharge of its

16  duties under this subsection.

17         Section 3.  This act shall take effect July 1, 2004.

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