Florida Senate - 2016 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 1504
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576-04154B-16
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on General Government)
1 A bill to be entitled
2 An act relating to credit for relevant military
3 service; amending s. 401.27, F.S.; revising the
4 application requirements for emergency medical
5 technician or paramedic certification; amending s.
6 456.024, F.S.; directing the Department of Health, or
7 the applicable board pursuant to chapter 456, F.S., to
8 issue health care practitioner licenses to eligible
9 military health care practitioners and eligible health
10 care practitioners who are spouses of active duty
11 servicemembers; creating s. 456.0241, F.S.; defining
12 terms; directing the Department of Health to issue
13 temporary certificates to eligible active duty
14 military health care practitioners; providing
15 requirements for temporary certification; providing
16 for expiration of such certification; providing
17 exemptions; directing the department to set
18 application and renewal fees, develop and furnish an
19 application form, and adopt rules; creating s.
20 489.1131, F.S.; directing the Department of Business
21 and Professional Regulation to provide a method by
22 which honorably discharged veterans may apply for
23 construction contracting licensure; authorizing the
24 Construction Industry Licensing Board to adopt rules;
25 directing the department, in conjunction with the
26 board, to annually prepare and submit a specified
27 report to the Governor and the Legislature; amending
28 s. 489.511, F.S.; revising eligibility criteria for
29 taking the electrical or alarm system contractor
30 certification examination; creating s. 489.5161, F.S.;
31 directing the Department of Business and Professional
32 Regulation to provide a method by which honorably
33 discharged veterans may apply for electrical or alarm
34 system contracting licensure; authorizing the
35 Electrical Contractors’ Licensing Board to adopt
36 rules; directing the department, in conjunction with
37 the board, to annually prepare and submit a specified
38 report to the Governor and the Legislature; creating
39 s. 493.61035, F.S.; directing the Department of
40 Agriculture and Consumer Services to provide a method
41 by which honorably discharged veterans may apply for
42 private investigative, private security, and
43 repossession services licensure; authorizing the
44 department to adopt rules; directing the department to
45 annually prepare and submit a specified report to the
46 Governor and the Legislature; directing the Department
47 of Highway Safety and Motor Vehicles and the
48 Department of Military Affairs to conduct a commercial
49 motor vehicle driver license testing pilot program;
50 specifying testing locations and funding; requiring
51 the departments to submit a report to the Legislature
52 by a specified date; providing for repeal of the
53 program; providing an effective date.
54
55 Be It Enacted by the Legislature of the State of Florida:
56
57 Section 1. Subsection (12) of section 401.27, Florida
58 Statutes, is amended to read:
59 401.27 Personnel; standards and certification.—
60 (12) An applicant for certification as an emergency medical
61 technician or paramedic who is trained outside the state, or
62 trained in the military, must provide proof of a current,
63 nationally recognized emergency medical technician or paramedic
64 certification or registration that is recognized by the
65 department and based upon successful completion of a training
66 program approved by the department as being equivalent to the
67 most recent EMT-Basic or EMT-Paramedic National Standard
68 Curriculum or the National EMS Education Standards of the United
69 States Department of Transportation and hold a current
70 certificate of successful course completion in cardiopulmonary
71 resuscitation (CPR) or advanced cardiac life support for
72 emergency medical technicians or paramedics, respectively, to be
73 eligible for the certification examination. The applicant must
74 successfully complete the certification examination within 2
75 years after the date of the receipt of his or her application by
76 the department. After 2 years, the applicant must submit a new
77 application, meet all eligibility requirements, and submit all
78 fees to reestablish eligibility to take the certification
79 examination.
80 Section 2. Subsection (3) of section 456.024, Florida
81 Statutes, is amended to read:
82 456.024 Members of United States Armed Forces in good
83 standing with administrative boards or the department; spouses;
84 licensure.—
85 (3)(a) A person is eligible for licensure as a health care
86 practitioner in this state if he or she:
87 1. who Serves or has served as a health care practitioner
88 in the United States Armed Forces, the United States Reserve
89 Forces, or the National Guard;
90 2. or a person who Serves or has served on active duty with
91 the United States Armed Forces as a health care practitioner in
92 the United States Public Health Service; or
93 3. Is a health care practitioner, other than a dentist, in
94 another state, the District of Columbia, or a possession or
95 territory of the United States and is the spouse of a person
96 serving on active duty with the United States Armed Forces, is
97 eligible for licensure in this state.
98
99 The department shall develop an application form, and each
100 board, or the department if there is no board, shall waive the
101 application fee, licensure fee, and unlicensed activity fee for
102 such applicants. For purposes of this subsection, “health care
103 practitioner” means a health care practitioner as defined in s.
104 456.001 and a person licensed under part III of chapter 401 or
105 part IV of chapter 468.
106 (b)(a) The board, or the department if there is no board,
107 shall issue a license to practice in this state to a person who:
108 1. Submits a complete application.
109 2. If he or she is member of the United States Armed
110 Forces, the United States Reserve Forces, or the National Guard,
111 submits proof that he or she has received Receives an honorable
112 discharge within 6 months before, or will receive an honorable
113 discharge within 6 months after, the date of submission of the
114 application.
115 3.a. Holds an active, unencumbered license issued by
116 another state, the District of Columbia, or a possession or
117 territory of the United States and who has not had disciplinary
118 action taken against him or her in the 5 years preceding the
119 date of submission of the application;
120 b. Is a military health care practitioner in a profession
121 for which licensure in a state or jurisdiction is not required
122 to practice in the United States Armed Forces, if he or she
123 submits to the department evidence of military training or
124 experience substantially equivalent to the requirements for
125 licensure in this state in that profession and evidence that he
126 or she has obtained a passing score on the appropriate
127 examination of a national or regional standards organization if
128 required for licensure in this state; or
129 c. Is the spouse of a person serving on active duty in the
130 United States Armed Forces and is a health care practitioner in
131 a profession, excluding dentistry, for which licensure in
132 another state or jurisdiction is not required, if he or she
133 submits to the department evidence of training or experience
134 substantially equivalent to the requirements for licensure in
135 this state in that profession and evidence that he or she has
136 obtained a passing score on the appropriate examination of a
137 national or regional standards organization if required for
138 licensure in this state.
139 4. Attests that he or she is not, at the time of submission
140 of the application, the subject of a disciplinary proceeding in
141 a jurisdiction in which he or she holds a license or by the
142 United States Department of Defense for reasons related to the
143 practice of the profession for which he or she is applying.
144 5. Actively practiced the profession for which he or she is
145 applying for the 3 years preceding the date of submission of the
146 application.
147 6. Submits a set of fingerprints for a background screening
148 pursuant to s. 456.0135, if required for the profession for
149 which he or she is applying.
150
151 The department shall verify information submitted by the
152 applicant under this subsection using the National Practitioner
153 Data Bank.
154 (c)(b) Each applicant who meets the requirements of this
155 subsection shall be licensed with all rights and
156 responsibilities as defined by law. The applicable board, or the
157 department if there is no board, may deny an application if the
158 applicant has been convicted of or pled guilty or nolo
159 contendere to, regardless of adjudication, any felony or
160 misdemeanor related to the practice of a health care profession
161 regulated by this state.
162 (d)(c) An applicant for initial licensure under this
163 subsection must submit the information required by ss.
164 456.039(1) and 456.0391(1) no later than 1 year after the
165 license is issued.
166 Section 3. Section 456.0241, Florida Statutes, is created
167 to read:
168 456.0241 Temporary certificate for active duty military
169 health care practitioners.—
170 (1) As used in this section, the term:
171 (a) “Military health care practitioner” means:
172 1. A person practicing as a health care practitioner as
173 defined in s. 456.001, as a person licensed under part III of
174 chapter 401, or as a person licensed under part IV of chapter
175 468 who is serving on active duty in the United States Armed
176 Forces, the United States Reserve Forces, or the National Guard;
177 or
178 2. A person who is serving on active duty in the United
179 States Armed Forces and serving in the United States Public
180 Health Service.
181 (b) “Military platform” means a military training agreement
182 with a nonmilitary health care provider which is designed to
183 develop and support medical, surgical, or other health care
184 treatment opportunities in a nonmilitary health care provider
185 setting to authorize a military health care practitioner to
186 develop and maintain the technical proficiency necessary to meet
187 the present and future health care needs of the United States
188 Armed Forces. Such agreements may include Training Affiliation
189 Agreements and External Resource Sharing Agreements.
190 (2) The department may issue a temporary certificate to a
191 military health care practitioner to practice in a regulated
192 profession in this state if the applicant:
193 (a) Submits proof that he or she will be practicing
194 pursuant to a military platform.
195 (b) Submits a complete application and a nonrefundable
196 application fee.
197 (c) Holds an active, unencumbered license to practice as a
198 health care professional issued by another state, the District
199 of Columbia, or a possession or territory of the United States,
200 or is a military health care practitioner in a profession for
201 which licensure in a state or jurisdiction is not required for
202 practice in the United States Armed Forces and provides evidence
203 of military training and experience substantially equivalent to
204 the requirements for licensure in this state in that profession.
205 (d) Attests that he or she is not, at the time of
206 submission of the application, the subject of a disciplinary
207 proceeding in a jurisdiction in which he or she holds a license
208 or by the United States Department of Defense for reasons
209 related to the practice of the profession for which he or she is
210 applying.
211 (e) Has been determined to be competent in the profession
212 for which he or she is applying.
213 (f) Submits a set of fingerprints for a background
214 screening pursuant to s. 456.0135, if required for the
215 profession for which he or she is applying.
216
217 The department shall verify information submitted by the
218 applicant under this subsection using the National Practitioner
219 Data Bank.
220 (3) A temporary certificate issued under this section
221 expires 6 months after issuance but may be renewed upon proof of
222 continuing military orders for active duty assignment in this
223 state and evidence that the military health care practitioner
224 continues to be a military platform participant.
225 (4) A military health care practitioner applying for a
226 temporary certificate under this section is exempt from ss.
227 456.039-456.046. All other provisions of this chapter apply to
228 such military health care practitioner.
229 (5) An applicant for a temporary certificate under this
230 section is deemed ineligible if he or she:
231 (a) Has been convicted of or pled guilty or nolo contendere
232 to, regardless of adjudication, any felony or misdemeanor
233 related to the practice of a health care profession;
234 (b) Has had a health care provider license revoked or
235 suspended in another state, the District of Columbia, or a
236 possession or territory of the United States;
237 (c) Has failed to obtain a passing score on an examination
238 in this state required to receive a license to practice the
239 profession for which he or she is applying; or
240 (d) Is under investigation in another jurisdiction for an
241 act that would constitute a violation of the applicable
242 licensing chapter or this chapter until the investigation is
243 complete and all charges against him or her are disposed of by
244 dismissal, nolle prosequi, or acquittal.
245 (6) The department shall, by rule, set an application fee
246 not to exceed $50 and a renewal fee not to exceed $50.
247 (7) Application shall be made on a form prescribed and
248 furnished by the department.
249 (8) The department shall adopt rules to administer this
250 section.
251 Section 4. Section 489.1131, Florida Statutes, is created
252 to read:
253 489.1131 Credit for relevant military training and
254 education.—
255 (1) The department shall provide a method by which
256 honorably discharged veterans may apply for licensure. The
257 method must include a veteran-specific application and provide:
258 (a) To the fullest extent possible, credit toward the
259 requirements for licensure for military experience, training,
260 and education received and completed during service in the
261 United States Armed Forces if the military experience, training,
262 or education is substantially similar to the experience,
263 training, or education required for licensure.
264 (b) Acceptance of up to 3 years of active duty service in
265 the United States Armed Forces, regardless of duty or training,
266 to meet the experience requirements of s. 489.111(2)(c). At
267 least 1 additional year of active experience as a foreman in the
268 trade, either civilian or military, is required to fulfill the
269 experience requirement of s. 489.111(2)(c).
270
271 The board may adopt rules pursuant to ss. 120.536(1) and 120.54
272 to administer this subsection.
273 (2) Notwithstanding any other law, beginning October 1,
274 2017, and annually thereafter, the department, in conjunction
275 with the board, is directed to prepare and submit a report
276 titled “Construction and Electrical Contracting Veteran
277 Applicant Statistics” to the Governor, the President of the
278 Senate, and the Speaker of the House of Representatives. The
279 report must include statistics and information relating to this
280 section and s. 489.5161 which detail:
281 (a) The number of applicants who identified themselves as
282 veterans.
283 (b) The number of veterans whose application for a license
284 was approved.
285 (c) The number of veterans whose application for a license
286 was denied, including the reasons for denial.
287 (d) Data on the application processing times for veterans.
288 (e) Recommendations on ways to improve the department’s
289 ability to meet the needs of veterans which would effectively
290 address the challenges that veterans face when separating from
291 military service and seeking a license regulated by the
292 department pursuant to part I of this chapter.
293 Section 5. Paragraph (b) of subsection (1) of section
294 489.511, Florida Statutes, is amended to read:
295 489.511 Certification; application; examinations;
296 endorsement.—
297 (1)
298 (b) Any person desiring to be certified as a contractor
299 shall apply to the department in writing and must meet the
300 following criteria:
301 1. Be of good moral character;
302 2. Pass the certification examination, achieving a passing
303 grade as established by board rule; and
304 3. Meet eligibility requirements according to one of the
305 following criteria:
306 a. Has, within the 6 years immediately preceding the filing
307 of the application, at least 3 years of years’ proven management
308 experience in the trade or education equivalent thereto, or a
309 combination thereof, but not more than one-half of such
310 experience may be educational equivalent;
311 b. Has, within the 8 years immediately preceding the filing
312 of the application, at least 4 years of years’ experience as a
313 supervisor or contractor in the trade for which he or she is
314 making application, or at least 4 years of experience as a
315 supervisor in electrical or alarm system work with the United
316 States Armed Forces;
317 c. Has, within the 12 years immediately preceding the
318 filing of the application, at least 6 years of comprehensive
319 training, technical education, or supervisory experience
320 associated with an electrical or alarm system contracting
321 business, or at least 6 years of technical experience,
322 education, or training in electrical or alarm system work with
323 the United States Armed Forces or a governmental entity;
324 d. Has, within the 12 years immediately preceding the
325 filing of the application, been licensed for 3 years as a
326 professional engineer who is qualified by education, training,
327 or experience to practice electrical engineering; or
328 e. Has any combination of qualifications under sub
329 subparagraphs a.-c. totaling 6 years of experience.
330 Section 6. Section 489.5161, Florida Statutes, is created
331 to read:
332 489.5161 Credit for relevant military training and
333 education.—
334 (1) The department shall provide a method by which
335 honorably discharged veterans may apply for licensure. The
336 method must include a veteran-specific application and provide,
337 to the fullest extent possible, credit toward the requirements
338 for licensure for military experience, training, and education
339 received and completed during service in the United States Armed
340 Forces if the military experience, training, or education is
341 substantially similar to the experience, training, or education
342 required for licensure. The board may adopt rules pursuant to
343 ss. 120.536(1) and 120.54 to administer this subsection.
344 (2) Notwithstanding any other law, beginning October 1,
345 2017, and annually thereafter, the department, in conjunction
346 with the board, is directed to prepare and submit a report
347 titled “Construction and Electrical Contracting Veteran
348 Applicant Statistics” to the Governor, the President of the
349 Senate, and the Speaker of the House of Representatives. The
350 report must include statistics and information relating to this
351 section and s. 489.1131 which detail:
352 (a) The number of applicants who identified themselves as
353 veterans.
354 (b) The number of veterans whose application for a license
355 was approved.
356 (c) The number of veterans whose application for a license
357 was denied, including data on the reasons for denial.
358 (d) Data on the application processing times for veterans.
359 (e) Recommendations on ways to improve the department’s
360 ability to meet the needs of veterans which would effectively
361 address the challenges that veterans face when separating from
362 military service and seeking a license regulated by the
363 department pursuant to part II of this chapter.
364 Section 7. Section 493.61035, Florida Statutes, is created
365 to read:
366 493.61035 Credit for relevant military training and
367 education.—
368 (1) The department shall provide a method by which
369 honorably discharged veterans may apply for licensure. The
370 method must include:
371 (a) To the fullest extent possible, credit toward the
372 requirements for licensure for military training and education
373 received and completed during service in the United States Armed
374 Forces if the military training or education is substantially
375 similar to the training or education required for licensure.
376 (b) Identification of overlaps and gaps between the
377 requirements for licensure and the military training or
378 education received and completed by the veteran, and subsequent
379 notification to the veteran of the overlaps and gaps.
380 (c) Assistance in identifying programs that offer training
381 and education needed to meet the requirements for licensure.
382 (2) Notwithstanding any other law, beginning October 1,
383 2017, and annually thereafter, the department is directed to
384 prepare and submit a report to the Governor, the President of
385 the Senate, and the Speaker of the House of Representatives. In
386 addition to any other information that the Legislature may
387 require, the report must include statistics and relevant
388 information that detail:
389 (a) The number of applicants who identified themselves as
390 veterans.
391 (b) The number of veterans whose application for a license
392 was approved.
393 (c) The number of veterans whose application for a license
394 was denied, including the reasons for denial.
395 (d) Data on the application processing times for veterans.
396 (e) The department’s efforts to assist veterans in
397 identifying programs that offer training and education needed to
398 meet the requirements for licensure.
399 (f) The department’s identification of the most common
400 overlaps and gaps between the requirements for licensure and the
401 military training and education received and completed by the
402 veterans.
403 (g) Recommendations on ways to improve the department’s
404 ability to meet the needs of veterans which would effectively
405 address the challenges that veterans face when separating from
406 military service and seeking a license for a profession or an
407 occupation regulated by the department pursuant to this chapter.
408 Section 8. (1) The Department of Highway Safety and Motor
409 Vehicles and the Department of Military Affairs shall jointly
410 conduct a pilot program to provide onsite commercial motor
411 vehicle driver license testing opportunities to qualified
412 members of the Florida National Guard pursuant to the Department
413 of Highway Safety and Motor Vehicles commercial motor vehicle
414 driver license skills test waiver under s. 322.12, Florida
415 Statutes. Testing must be held at a Florida National Guard
416 armory, a Florida United States Armed Forces Reserve Center, or
417 the Camp Blanding Joint Training Center. The pilot program shall
418 be accomplished using existing funds appropriated to each
419 department.
420 (2) By June 30, 2017, the Department of Highway Safety and
421 Motor Vehicles and the Department of Military Affairs shall
422 jointly submit a report on the results of the pilot program to
423 the President of the Senate and the Speaker of the House of
424 Representatives.
425 (3) This section is repealed October 1, 2017, and shall not
426 be codified in the Florida Statutes.
427 Section 9. This act shall take effect July 1, 2016.