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 Regulated Industries
BILL: SB 1366
INTRODUCER: Senator Collins
SUBJECT: Fees/Interstate-Mobility and Universal-Recognition Occupational Licensing Act
DATE: March 20, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Kraemer Imhof RI Pre-meeting
2. AEG
3. FP
I. Summary:
SB 1366 authorizes licensing boards that issue licenses pursuant to the Interstate-Mobility and
Universal-Recognition Occupational Licensing Act (act), created by SB 1364, 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 affected boards issue licenses pursuant to 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).
SB 1364 is a linked bill that creates s. 455.2135, F.S. to address occupational license portability
in the United States by requiring Florida licensing boards to issue occupational licenses or
government certifications to eligible individuals, under certain circumstances.
See Section V, Fiscal Impact Statement.
The bill is effective on the same date that SB 1364 or similar legislation takes effect, if such
legislation is adopted in the same legislative session or any extension and becomes a law.
II. Present Situation:
For each license issued, the DBPR charges an initial license fee and license renewal fee set by
the applicable board or by the DBPR if there is no board for the profession.
1
The DBPR also
imposes a $5 unlicensed activity fee on each occupational license, in order to fund efforts to
1
See s. 455.213, F.S.
REVISED: BILL: SB 1366 Page 2
combat unlicensed activity.
2
Renewal fees may be imposed for a two-year (biennial) or four-year
license, if authorized by the DBPR.
3
For each license issued, the DOH charges an initial license fee and license renewal fee set by the
applicable board or by the DOH if there is no board for the profession.
4
The DOH also imposes a
$5 unlicensed activity fee on each occupational license, in order to fund efforts to combat
unlicensed activity.
5
Renewal fees may be imposed for a two-year (biennial) or four-year license,
if authorized by the DOH.
6
The linked bill, 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 DBPR, or
ch. 456, F.S., relating to the regulation of professions by the DOH, to issue an occupational
license or government certification (universal license) to eligible applicants, under certain
circumstances (universal licensing requirement), as follows:
The universal licensing requirement does not apply to occupations regulated by the Florida
Supreme Court, certified public accountants, and other credentials, such as those used for
medical board certification;
Applicants may seek a universal license through one of three pathways described in the bill:
o Universal licensing if licensed by another licensing entity;
o Universal licensing based on work experience in another state or the military; or
o Universal licensing based on private certification with work experience in a non-licensing
state or the military.
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, and must be issued, an occupational license or government
certification by the appropriate Florida licensing board.
During a declared state of emergency, the Governor may order the recognition of
occupational licenses from outside Florida or from a foreign country as if the licenses were
issued in Florida, may expand any occupation license scope of practice, and authorize
licensees to provide services in Florida in person, telephonically, or by other means for the
duration of the emergency.
III. Effect of Proposed Changes:
The bill authorizes licensing boards that issue licenses pursuant to the Interstate-Mobility and
Universal-Recognition Occupational Licensing Act, created by SB 1364, 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 affected boards issue licenses pursuant to ch. 455, F.S., or ch. 456, F.S., pursuant to
s. 455.2135, F.S, as created by SB 1364.
2
See s. 455.2281, F.S.
3
See s. 455.203(1), F.S.
4
See s. 456.013, F.S.
5
See s. 456.065, F.S.
6
See s. 456.004(1), F.S. BILL: SB 1366 Page 3
SB 1364 is a linked bill that addresses occupational license portability in the United States by
requiring Florida licensing boards that issue occupational licenses or government certifications to
individuals, under certain circumstances.
Successful applicants who are issued licenses in Florida by the DBPR will be subject to the fees
authorized under s. 455.219, F.S., and those licensed by the DOH will be subject to the fees
authorized under s. 456.025, F.S.
The bill is effective on the same date that SB 1364 or similar legislation takes effect, if such
legislation is adopted in the same legislative session or any extension and becomes a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
Section 19, Art. VII of the State Constitution limits the authority of the legislature to
enact legislation that imposes or raises a state tax or fee by requiring such legislation to
be approved by a 2/3 vote of each chamber of the legislature. Such state tax or fee
imposed, authorized, or raised must be contained in a separate bill that contains no other
subject.
For purposes of this limitation, the term “fee” is defined, in pertinent part, to mean any
charge or payment required by law, including any fee for service, fee or cost for licenses,
and charge for service.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
The bill requires certain licensing boards to establish a fee for licensure of eligible
applicants licensed or certified to work in occupations or professions outside Florida, to
perform such work in this state, as authorized in s. 455.2135, F.S., created by linked bill BILL: SB 1366 Page 4
SB 1364, establishing the Interstate-Mobility and Universal-Recognition Occupational
Licensing Act.
B. Private Sector Impact:
Beginning July 1, 2024, persons who are licensed or certified to work in occupations or
professions outside Florida, if eligible to do so pursuant to s. 455.2135, F.S., created by
the act, will be required to pay an application fee up to $100 to be able to be licensed to
perform such work in Florida.
C. Government Sector Impact:
The creation of an additional application procedure for eligible individuals licensed
outside Florida may result in a fiscal impact to the DBPR and the DOH. To date, no
analysis by the DBPR or the DOH of the impact of the act on their respective operations,
revenue, and expenditures has been provided.
VI. Technical Deficiencies:
None.
VII. Related Issues:
As required for all fee bills linked to a substantive bill, a technical amendment is required to
insert the number of the linked bill SB 1364. In addition, the subsection number (13) referenced
in the fee bill must be revised to conform to the linked bill. See line 53 of the fee bill. Staff has
prepared the required technical amendment to insert the linked bill number into the bill and
correct the subsection reference.
VIII. Statutes Affected:
This bill substantially amends section 455.2135 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.