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 Appropriations Committee on Agriculture, Environment, and General
Government
BILL: CS/CS/SB 1366
INTRODUCER: Appropriations Committee on Agriculture, Environment, and General Government;
Regulated Industries Committee; and Senator Collins
SUBJECT: Fees/Interstate-Mobility and Universal-Recognition Occupational Licensing Act
DATE: April 20, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Kraemer Imhof RI Fav/CS
2. Davis Betta AEG Fav/CS
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Technical Changes
I. Summary:
CS/CS/SB 1366 authorizes licensing boards that issue licenses pursuant to the Interstate-
Mobility and Universal-Recognition Occupational Licensing Act (act), created by
CS/CS/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).
CS/CS/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. The
bill may have an indeterminate negative fiscal impact to the DBPR and the DOH, which may be
offset by the collection of a fee not to exceed $100 for an occupational license or government
certification application.
This bill has an indeterminate fiscal impact on state revenues and expenditures. See Section V,
Fiscal Impact Statement.
REVISED: BILL: CS/CS/SB 1366 Page 2
Because this bill authorizes a new state fee, it will require a two-thirds vote of each house in
order to pass.
The bill is effective on the same date that CS/CS/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
combat unlicensed activity.
2
Renewal fees may be imposed for a two-year (biennial) or four-year
license, if authorized by the DBPR.
3
Collected fees are paid into the Professional Regulation
Trust Fund.
4
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.
5
The DOH also imposes a
$5 unlicensed activity fee on each occupational license, in order to fund efforts to combat
unlicensed activity.
6
Renewal fees may be imposed for a two-year (biennial) or four-year license,
if authorized by the DOH.
7
Collected fees are paid into a trust fund used by the DOH to
implement ch. 456, F.S., relating to health professions and occupations.
8
The linked bill, 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 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
1
See s. 455.213, F.S.
2
See s. 455.2281, F.S.
3
See s. 455.203(1), F.S.
4
See s. 455.219(3), F.S.
5
See s. 456.013, F.S.
6
See s. 456.065, F.S.
7
See s. 456.004(1), F.S.
8
See s. 456.025(8), F.S. BILL: CS/CS/SB 1366 Page 3
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 CS/CS/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 CS/CS/SB 1364.
CS/CS/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 CS/CS/SB 1364 or similar legislation takes effect, if
such legislation is adopted in the same legislative session or any extension and becomes a law.
CS/CS/SB 1364 is effective July 1, 2023.
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 BILL: CS/CS/SB 1366 Page 4
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
CS/CS/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:
This bill is linked to CS/CS/SB 1364 (2023 Regular Session) which requires Florida
licensing boards of the Department of Business and Professional Regulation and the
Department of Health to issue occupational licenses or government certifications to
eligible applicants, under certain circumstances. According to the DBPR and the DOH,
the creation of an additional application procedure for eligible individuals licensed
outside Florida will result in a fiscal impact on their respective operations, revenues, and
expenditures. The DBPR estimates it will need an additional 43 full-time positions (FTE)
and associated costs of $4.7 million to implement the provisions of CS/CS/SB 1364. The
DOH estimates it will need 13 FTEs and associated costs totaling $2.5 million.
CS/CS/SB 1366 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 number of individuals who will apply for licensure
under the provisions of CS/CS/SB 1364 is unknown and also it is indeterminate as to
whether sufficient fees could be generated to cover the total program costs. BILL: CS/CS/SB 1366 Page 5
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
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.)
CS/CS by Appropriations Committee on Agriculture, Environment, and General
Government on April 18, 2023:
The committee substitute revises the subsection number to conform to the linked bill
(CS/CS/SB 1364).
CS by Regulated Industries Committee on March 21, 2023:
The CS inserts the bill number for the linked bill (SB 1364, Interstate-Mobility and
Universal-Recognition Occupational Licensing Act), into the bill, and revises the
subsection number to conform to the linked bill.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.