The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/CS/SB 1364
INTRODUCER: Fiscal Policy Committee; Appropriations Committee on Agriculture, Environment, and
General Government; Regulated Industries Committee; and Senator Collins and others
SUBJECT: Interstate-Mobility and Universal-Recognition Occupational Licensing Act
DATE: April 27, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Kraemer Imhof RI Fav/CS
2. Davis Betta AEG Fav/CS
3. Kraemer Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/CS/SB 1364 addresses occupational license portability in the United States by requiring
Florida licensing boards that issue occupational licenses or government certifications to
individuals under ch. 455, F.S., relating to the regulations of professions by the Department of
Business and Professional Regulation (DBPR), or ch. 456, F.S., relating to the regulation of
professions by the Department of Health (DOH), to issue an occupational license or government
certification (universal license) to eligible applicants, under certain circumstances (universal
licensing requirement).
The bill provides that the universal licensing requirement does not apply to occupations
regulated by the Florida Supreme Court or certified public accountants. Certain contractors must
successfully complete a licensure examination, continuing education courses, or both, and certain
occupations regulated by the DOH must meet certain licensure requirements in current law.
Applicants may seek a universal license through one of three pathways authorized in the bill:
Universal licensing if licensed by another licensing entity that issues licenses for a lawful
occupation for a scope of practice similar to one in Florida and requires specified
examinations, education, or work experience;
Universal licensing based on work experience in another state or the military; or
BILL: CS/CS/CS/SB 1364 Page 2
Universal licensing based on a DBPR- or DOH-recognized private certification with work
experience in a non-licensing state or the military.
Under the bill, an applicant with a valid occupational license or certification in good standing, or
who otherwise meets the requirements for an occupational license for a lawful occupation, is
presumed to be qualified for the license and must be issued an occupational license or
government certification by the appropriate Florida licensing board, subject to review of the
applicant’s criminal records and disciplinary records in any jurisdiction and, for health
professions, all applicable mandatory background requirements.
The bill provides that during a declared state of emergency, the Governor may order the
recognition of occupational licenses from other licensing entities, may expand any occupation
license scope of practice, and may authorize licensees to provide services in Florida in person,
telephonically, or by other means for the duration of the emergency.
This bill will have a significant negative fiscal impact to the DBPR and the DOH. CS/CS/SB
1366 is linked to this bill and authorizes licensing boards to charge a fee to applicants for an
occupational license or government certification, in order to recoup a board’s costs, not to exceed
$100 for each application. The fees may offset costs incurred by the DBPR and the DOH. See
Section V, Fiscal Impact Statement.
The bill takes effect July 1, 2024.
II. Present Situation:
Chapter 455, F.S., provides for the regulation of professions by the Department of Business and
Professional Regulation (DBPR), and ch. 456, F.S., provides for the regulation of health
professions by the Department of Health (DOH).
Department of Business and Professional Regulation
Organization of the DBPR
Section 20.165, F.S., establishes the organizational structure of the DBPR, which has the
following 11 divisions:
Administration;
Alcoholic Beverages and Tobacco;
Certified Public Accounting;
Drugs, Devices, and Cosmetics;
Florida Condominiums, Timeshares, and Mobile Homes;
Hotels and Restaurants;
Professions;
Real Estate;
Regulation;
Service Operations; and
Technology.
BILL: CS/CS/CS/SB 1364 Page 3
The Florida Athletic Commission is assigned to the DBPR for administrative and fiscal
accountability purposes only.1 The DBPR also administers the Child Labor Law and Farm Labor
Contractor Registration Law.2
Powers and Duties of the DBPR
Chapter 455, F.S., applies to the regulation of professions constituting “any activity, occupation,
profession, or vocation regulated by the [DBPR] in the Divisions of Certified Public Accounting,
Professions, Real Estate, and Regulation.”3 The chapter also provides the procedural and
administrative framework for those divisions and the professional boards within the DBPR.4
The term “profession” means any activity, occupation, profession, or vocation regulated by the
department [DBPR] in the Divisions of Certified Public Accounting, Professions, Real Estate,
and Regulation.5
The DBPR’s regulation of professions is to be undertaken “only for the preservation of the
health, safety, and welfare of the public under the police powers of the state.”6 Regulation is
required when:
The potential for harming or endangering public health, safety, and welfare is recognizable
and outweighs any anticompetitive impact that may result;
The public is not effectively protected by other state statutes, local ordinances, federal
legislation, or other means; and
Less restrictive means of regulation are not available.7
However, the DBPR and its boards may not create a regulation that has an unreasonable effect
on job creation or job retention or a regulation that unreasonably restricts the ability of those
desiring to engage in a profession or occupation from finding employment.8
Sections 455.203 and 455.213, F.S., establish general licensing authority for the DBPR,
including the authority to charge license fees and license renewal fees. Each board within the
DBPR must determine by rule the amount of license fees for each profession, based on estimates
of the required revenue to implement the regulatory laws affecting the profession.9
Chapter 455, F.S., provides the general powers of the DBPR and sets forth the procedural and
administrative framework for all of the professional boards housed under the DBPR as well as
the Divisions of Certified Public Accounting, Professions, Real Estate, and Regulation. 10
1
Section 548.003(1), F.S.
2
See Parts I and III of ch. 450, F.S.
3
Section 455.01(6), F.S.
4
See s. 455.203, F.S. The DBPR must also provide legal counsel for boards within the DBPR by contracting with the
Department of Legal Affairs, by retaining private counsel, or by staff counsel of the DBPR. See s. 455.221(1), F.S.
5
Section 455.01(6), F.S.
6
Section 455.201(2), F.S.
7
Id.
8
Section 455.201(4)(b), F.S.
9
Section 455.219(1), F.S.
10
See s. 455.203, F.S. The DBPR must also provide legal counsel for boards within the DBPR by contracting with the
Department of Legal Affairs, by retaining private counsel, or by providing DBPR staff counsel. See s. 455.221(1), F.S.
BILL: CS/CS/CS/SB 1364 Page 4
When a person is authorized to engage in a profession or occupation in Florida, the DBPR issues
a “permit, registration, certificate, or license” to the licensee.11
Division of Certified Public Accounting
In Fiscal Year 2021-2022, there were 38,541 active licensees in the DBPR’s Division of
Certified Public Accounting.12
Division of Professions
In Fiscal Year 2021-2022, the DBPR’s Division of Professions, had 937,960 active licensees (of
which 38,541 were licensed accountants; 66,936 were licensed engineers, and 345,026 were real
estate-related licensees), including:13
Accountants (CPAs);
Architects and interior designers;
Asbestos consultants and contractors;
Athlete agents;
Auctioneers;
Barbers;
Building code administrators and inspectors;
Community association managers;
Construction industry contractors;
Cosmetologists;
Electrical contractors;
Employee leasing companies;
Engineers;
Geologists;
Home inspectors;
Pilot commissioners;
Landscape architects;
Mold-related services;
Real estate appraisers;
Real estate (brokers/associates);
Talent agencies; and
Veterinarians.
As noted by the DBPR, most professions regulated by the Division of Profession include a
governing professional board responsible for ultimate licensing and disciplinary decisions, but
the DBPR is responsible for licensing and regulating asbestos consultants and contractors, athlete
11
Section 455.01(4) and (5), F.S.
12
See Department of Business and Professional Regulation, Annual Report, Fiscal Year 2021-2022, at 18, at
http://www.myfloridalicense.com/DBPR/os/documents/Division%20Annual%20Report%20FY%2021-22.pdf (last visited
Mar. 30, 2023).
13
Id.
BILL: CS/CS/CS/SB 1364 Page 5
agents, community association managers, home inspectors, mold-related professionals, and talent
agencies.14
Unlike most DBPR professions, the administrative, investigative, and prosecutorial services for
the Florida Board of Professional Engineering (FBPE) are not provided by the DBPR. The
DBPR has contracted with the Florida Engineers Management Corporation (FEMC) to provide
such administrative, investigative, and prosecutorial services for the FBPE.15
Division of Real Estate
In Fiscal Year 2021-2022, there were 345,026 active licensees in the DBPR’s Division of Real
Estate.16
Department of Health
Licensure and Regulation of Health Care Practitioners
The Division of Medical Quality Assurance (MQA), within the DOH, has general regulatory
authority over health care professionals (practitioners).17 The MQA works in conjunction with 22
regulatory boards and four councils to license and regulate ten unique types of health care
facilities and more than 40 health care professions.18 Each profession is regulated by an
individual practice act and by ch. 456, F.S., which provides general regulatory and licensure
authority for the MQA. The MQA is statutorily responsible for the following boards and
professions established within the division and the DOH:19
The Board of Acupuncture, created under ch. 457, F.S.;
The Board of Medicine, created under ch. 458, F.S.;
The Board of Osteopathic Medicine, created under ch. 459, F.S.;
The Board of Chiropractic Medicine, created under ch. 460, F.S.;
The Board of Podiatric Medicine, created under ch. 461, F.S.;
Naturopathy, under the DOH as provided under ch. 462, F.S.;
The Board of Optometry, created under ch. 463, F.S.;
14
See the DBPR Annual Report at 26, supra note 12, noting that the Regulatory Council of Community Association
Managers is responsible for adopting rules relating to the licensure examination, continuing education requirements,
continuing education providers, fees, and professional practice standards to assist the DBPR in carrying out its duties.
15
See s. 471.038, F.S., the Florida Engineers Management Corporation Act, for the duties and authority of the FEMC. See the
Annual Report of the FEMC for FY 2021-2022, available at https://fbpe.org/wp-content/uploads/2022/09/FEMC-Annual-
Report-2022.pdf (last visited Mar. 18, 2023, and the contract between the DBPR and the FEMC for the period between
July 1, 2021 and June 30, 2025 at https://fbpe.org/wp-content/uploads/2021/10/2021-25-DBPR-FEMC-Contract.pdf (last
visited Mar. 18, 2023).
16
See the DBPR Annual Report at 26, supra note 12.
17
Pursuant to s. 456.001(4), F.S., health care practitioners are defined to include acupuncturists, physicians, physician
assistants, chiropractors, podiatrists, naturopaths, dentists, dental hygienists, optometrists, nurses, nursing assistants,
pharmacists, midwives, speech language pathologists, nursing home administrators, occupational therapists, respiratory
therapists, dieticians, athletic trainers, orthotists, prosthetists, electrologists, massage therapists, clinical laboratory personnel,
medical physicists, genic counselors, dispensers of optical devices or hearing aids, physical therapists, psychologists, social
workers, counselors, and psychotherapists, among others.
18
Florida Department of Health, Division of Medical Quality Assurance, Annual Report and Long-Range Plan, Fiscal Year
2021-2022, at 5, https://www.floridahealth.gov/licensing-and-regulation/reports-and-publications/annual-reports.html (last
visited Mar. 17, 2023).
19
Section 456.001(4), F.S.
BILL: CS/CS/CS/SB 1364 Page 6
The Board of Nursing, created under part I of ch. 464, F.S.;
Nursing assistants, under the Board of Nursing as provided under part II of ch. 464, F.S.;
The Board of Pharmacy, created under ch. 465, F.S.;
The Board of Dentistry, created under ch. 466, F.S.;
Midwifery, as provided under ch. 467, F.S.;
The Board of Speech-Language Pathology and Audiology, created under part I of
ch. 468, F.S.;
The Board of Nursing Home Administrators, created under part II of ch. 468, F.S.;
The Board of Occupational Therapy, created under part III of ch. 468, F.S.;
Respiratory therapy, under the Board of Respiratory Care as provided under part V of
ch. 468, F.S.;
Dietetics and nutrition practice, under the Board of Medicine as provided under part X of
ch. 468, F.S.;
The Board of Athletic Training, created under part XIII of ch. 468, F.S.;
The Board of Orthotists and Prosthetists, created under part XIV of ch. 468, F.S.;
Electrolysis, under the Board of Medicine as provided under ch. 478, F.S.;
The Board of Massage Therapy, created under ch. 480, F.S.;
The Board of Clinical Laboratory Personnel, created under part I of ch. 483, F.S.;
Medical physicists, under the DOH as provided under part II of ch. 483, F.S.;
Genetic Counselors, under the DOH as provided under part III of ch. 483, F.S.;
The Board of Opticianry, created under part I of ch. 484, F.S.;
The Board of Hearing Aid Specialists, created under part II of ch. 484, F.S.;
The Board of Physical Therapy Practice, created under ch. 486, F.S.;
The Board of Psychology, under the Board of Psychology created under ch. 490, F.S.;
School psychologists, under the Board of Psychology as provided under ch. 490, F.S.;
The Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health
Counseling, created under ch. 491, F.S.; and
Emergency medical technicians and paramedics, under the DOH as provided under part III of
ch. 401, F.S.
The DOH and the practitioner boards have different roles in the regulatory system. Boards
establish practice standards by rule, pursuant to statutory authority and directives.20 The DOH
receives and investigates complaints about practitioners and prosecutes cases for disciplinary
action against practitioners.
The DOH, on behalf of the professional boards, investigates complaints against practitioners.21
Once an investigation is complete, the DOH presents the investigatory findings to the boards.
The DOH recommends a course of action to the appropriate board’s probable cause panel which
may include:22
Issuing an emergency order;
20
The DOH also establishes these for some professions. See infra note 24.
21
Department of Health, Investigative Services, http://www.floridahealth.gov/licensing-and-regulation/enforcement/admin-
complaint-process/isu.html (last visited Mar. 17, 2023).
22
Department of Health, Prosecution Services, http://www.floridahealth.gov/licensing-and-regulation/enforcement/admin-
complaint-process/psu.html (last visited Mar. 17, 2023).
BILL: CS