ENROLLED
       2014 Legislature                                          SB 936
       
       
       
       
       
       
                                                              2014936er
    1  
    2         An act relating to the Florida Statutes; amending ss.
    3         458.347 and 481.213, F.S., and repealing ss. 163.3247,
    4         215.18(2), 215.5601(5)(f), 216.292(3)(c),
    5         282.709(3)(b), 288.1083, 288.9552, 379.209(4),
    6         403.1651(1)(g), 409.9841, 420.5087(10), 430.2053(9)(e)
    7         and (f), 430.701, 430.702, 430.703, 430.7031, 430.704,
    8         430.705, 430.706, 430.707, 430.708, 430.709, 443.1117,
    9         468.1155(3)(c), and 1010.87, F.S.; to delete
   10         provisions which have become inoperative by noncurrent
   11         repeal or expiration and, pursuant to s. 11.242(5)(b)
   12         and (i), may be omitted from the 2014 Florida Statutes
   13         only through a reviser’s bill duly enacted by the
   14         Legislature; amending ss. 288.0001, 288.9625, 409.979,
   15         and 430.04, F.S., to conform cross-references;
   16         providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 163.3247, Florida Statutes, is repealed.
   21         Reviser’s note.—The cited section, which relates to the Century
   22         Commission for a Sustainable Florida, was repealed pursuant
   23         to its own terms, effective June 30, 2013.
   24         Section 2. Subsection (2) of section 215.18, Florida
   25  Statutes, is repealed.
   26         Reviser’s note.—The cited subsection, which relates to trust
   27         fund loans to the Chief Justice of the Supreme Court for
   28         purposes of funding the state court system sufficiently to
   29         meet its appropriations in the 2012-2013 General
   30         Appropriations Act, expired pursuant to its own terms,
   31         effective July 1, 2013.
   32         Section 3. Paragraph (f) of subsection (5) of section
   33  215.5601, Florida Statutes, is repealed.
   34         Reviser’s note.—The cited paragraph, which relates to the
   35         transfer of $350 million from the Lawton Chiles Endowment
   36         Fund to the General Revenue Fund during the 2012-2013
   37         fiscal year, expired pursuant to its own terms, effective
   38         June 30, 2013.
   39         Section 4. Paragraph (c) of subsection (3) of section
   40  216.292, Florida Statutes, is repealed.
   41         Reviser’s note.—The cited paragraph, which relates to
   42         authorization of transfer of appropriations for fixed
   43         capital outlay from the Survey Recommended Needs-Public
   44         Schools appropriation category to the Maintenance, Repair,
   45         Renovation and Remodeling appropriation category, expired
   46         pursuant to its own terms, effective July 1, 2013.
   47         Section 5. Paragraph (b) of subsection (3) of section
   48  282.709, Florida Statutes, is repealed.
   49         Reviser’s note.—The cited paragraph, which relates to use of
   50         funds from the State Agency Law Enforcement Radio System
   51         Trust Fund for funding mutual aid buildout maintenance and
   52         sustainment and an interoperability network, expired
   53         pursuant to its own terms, effective July 1, 2013.
   54         Section 6. Section 288.1083, Florida Statutes, is repealed.
   55         Reviser’s note.—The cited section, which creates the
   56         Manufacturing and Spaceport Investment Incentive Program,
   57         was repealed pursuant to its own terms, effective July 1,
   58         2013.
   59         Section 7. Section 288.9552, Florida Statutes, is repealed.
   60         Reviser’s note.—The cited section, which relates to the Florida
   61         Research Commercialization Matching Grant Program, expired
   62         pursuant to its own terms, effective July 1, 2013.
   63         Section 8. Subsection (4) of section 379.209, Florida
   64  Statutes, is repealed.
   65         Reviser’s note.—The cited subsection, which authorizes the Fish
   66         and Wildlife Conservation Commission to transfer cash
   67         balances from the Nongame Wildlife Trust Fund to the Grants
   68         and Donations Trust Fund for the purpose of supporting cash
   69         flow needs, expired pursuant to its own terms, effective
   70         July 1, 2013.
   71         Section 9. Paragraph (g) of subsection (1) of section
   72  403.1651, Florida Statutes, is repealed.
   73         Reviser’s note.—The cited paragraph, which provides as a purpose
   74         of the Ecosystem Management and Restoration Trust Fund
   75         funding activities to preserve and repair the state’s
   76         beaches as provided in ss. 161.091-161.212, expired
   77         pursuant to its own terms, effective July 1, 2013.
   78         Section 10. Section 409.9841, Florida Statutes, is
   79  repealed.
   80         Reviser’s note.—The cited section, which relates to the long
   81         term care managed care technical advisory workgroup, was
   82         repealed pursuant to its own terms, effective June 30,
   83         2013.
   84         Section 11. Subsection (10) of section 420.5087, Florida
   85  Statutes, is repealed.
   86         Reviser’s note.—Section 420.5087 creates the State Apartment
   87         Incentive Loan Program; subsection (10), which provides for
   88         funding to preserve existing projects having financing
   89         guaranteed under the Florida Affordable Housing Guarantee
   90         Program, expired pursuant to its own terms, effective June
   91         30, 2013.
   92         Section 12. Paragraphs (e) and (f) of subsection (9) of
   93  section 430.2053, Florida Statutes, are repealed.
   94         Reviser’s note.—The cited paragraphs, which include the aged and
   95         disabled adult Medicaid waiver and assisted living for the
   96         frail elderly Medicaid waiver among services to be
   97         administered through the aging resource center, expired
   98         pursuant to their own terms, effective October 1, 2013.
   99         Section 13. Sections 430.701, 430.702, 430.703, 430.7031,
  100  430.704, 430.705, 430.706, 430.707, 430.708, and 430.709,
  101  Florida Statutes, are repealed.
  102         Reviser’s note.—The cited sections, which relate to long-term
  103         care community diversion pilot projects, were repealed by
  104         s. 24, ch. 2011-135, Laws of Florida, effective October 1,
  105         2013. Since the sections were not repealed by a “current
  106         session” of the Legislature, they may be omitted from the
  107         2014 Florida Statutes only through a reviser’s bill duly
  108         enacted by the Legislature. See s. 11.242(5)(b) and (i).
  109         Section 14. Section 443.1117, Florida Statutes, is
  110  repealed.
  111         Reviser’s note.—The cited section, which relates to temporary
  112         extended benefits, was revived, readopted, and amended by
  113         s. 90, ch. 2012-30, Laws of Florida, retroactive to January
  114         4, 2012, and expiring effective January 5, 2013.
  115         Section 15. Paragraph (b) of subsection (7) of section
  116  458.347, Florida Statutes, is amended to read:
  117         458.347 Physician assistants.—
  118         (7) PHYSICIAN ASSISTANT LICENSURE.—
  119         (b)1. Notwithstanding subparagraph (a)2. and sub
  120  subparagraph (a)3.a., the department shall examine each
  121  applicant who the Board of Medicine certifies:
  122         a. Has completed the application form and remitted a
  123  nonrefundable application fee not to exceed $500 and an
  124  examination fee not to exceed $300, plus the actual cost to the
  125  department to provide the examination. The examination fee is
  126  refundable if the applicant is found to be ineligible to take
  127  the examination. The department shall not require the applicant
  128  to pass a separate practical component of the examination. For
  129  examinations given after July 1, 1998, competencies measured
  130  through practical examinations shall be incorporated into the
  131  written examination through a multiple-choice format. The
  132  department shall translate the examination into the native
  133  language of any applicant who requests and agrees to pay all
  134  costs of such translation, provided that the translation request
  135  is filed with the board office no later than 9 months before the
  136  scheduled examination and the applicant remits translation fees
  137  as specified by the department no later than 6 months before the
  138  scheduled examination, and provided that the applicant
  139  demonstrates to the department the ability to communicate orally
  140  in basic English. If the applicant is unable to pay translation
  141  costs, the applicant may take the next available examination in
  142  English if the applicant submits a request in writing by the
  143  application deadline and if the applicant is otherwise eligible
  144  under this section. To demonstrate the ability to communicate
  145  orally in basic English, a passing score or grade is required,
  146  as determined by the department or organization that developed
  147  it, on the test for spoken English (TSE) by the Educational
  148  Testing Service (ETS), the test of English as a foreign language
  149  (TOEFL) by ETS, a high school or college level English course,
  150  or the English examination for citizenship, Bureau of
  151  Citizenship and Immigration Services. A notarized copy of an
  152  Educational Commission for Foreign Medical Graduates (ECFMG)
  153  certificate may also be used to demonstrate the ability to
  154  communicate in basic English; and
  155         b.(I) Is an unlicensed physician who graduated from a
  156  foreign medical school listed with the World Health Organization
  157  who has not previously taken and failed the examination of the
  158  National Commission on Certification of Physician Assistants and
  159  who has been certified by the Board of Medicine as having met
  160  the requirements for licensure as a medical doctor by
  161  examination as set forth in s. 458.311(1), (3), (4), and (5),
  162  with the exception that the applicant is not required to have
  163  completed an approved residency of at least 1 year and the
  164  applicant is not required to have passed the licensing
  165  examination specified under s. 458.311 or hold a valid, active
  166  certificate issued by the Educational Commission for Foreign
  167  Medical Graduates; was eligible and made initial application for
  168  certification as a physician assistant in this state between
  169  July 1, 1990, and June 30, 1991; and was a resident of this
  170  state on July 1, 1990, or was licensed or certified in any state
  171  in the United States as a physician assistant on July 1, 1990;
  172  or
  173         (II) Completed all coursework requirements of the Master of
  174  Medical Science Physician Assistant Program offered through the
  175  Florida College of Physician’s Assistants prior to its closure
  176  in August of 1996. Prior to taking the examination, such
  177  applicant must successfully complete any clinical rotations that
  178  were not completed under such program prior to its termination
  179  and any additional clinical rotations with an appropriate
  180  physician assistant preceptor, not to exceed 6 months, that are
  181  determined necessary by the council. The boards shall determine,
  182  based on recommendations from the council, the facilities under
  183  which such incomplete or additional clinical rotations may be
  184  completed and shall also determine what constitutes successful
  185  completion thereof, provided such requirements are comparable to
  186  those established by accredited physician assistant programs.
  187  This sub-sub-subparagraph is repealed July 1, 2001.
  188         2. The department may grant temporary licensure to an
  189  applicant who meets the requirements of subparagraph 1. Between
  190  meetings of the council, the department may grant temporary
  191  licensure to practice based on the completion of all temporary
  192  licensure requirements. All such administratively issued
  193  licenses shall be reviewed and acted on at the next regular
  194  meeting of the council. A temporary license expires 30 days
  195  after receipt and notice of scores to the licenseholder from the
  196  first available examination specified in subparagraph 1.
  197  following licensure by the department. An applicant who fails
  198  the proficiency examination is no longer temporarily licensed,
  199  but may apply for a one-time extension of temporary licensure
  200  after reapplying for the next available examination. Extended
  201  licensure shall expire upon failure of the licenseholder to sit
  202  for the next available examination or upon receipt and notice of
  203  scores to the licenseholder from such examination.
  204         3. Notwithstanding any other provision of law, the
  205  examination specified pursuant to subparagraph 1. shall be
  206  administered by the department only five times. Applicants
  207  certified by the board for examination shall receive at least 6
  208  months’ notice of eligibility prior to the administration of the
  209  initial examination. Subsequent examinations shall be
  210  administered at 1-year intervals following the reporting of the
  211  scores of the first and subsequent examinations. For the
  212  purposes of this paragraph, the department may develop, contract
  213  for the development of, purchase, or approve an examination that
  214  adequately measures an applicant’s ability to practice with
  215  reasonable skill and safety. The minimum passing score on the
  216  examination shall be established by the department, with the
  217  advice of the board. Those applicants failing to pass that
  218  examination or any subsequent examination shall receive notice
  219  of the administration of the next examination with the notice of
  220  scores following such examination. Any applicant who passes the
  221  examination and meets the requirements of this section shall be
  222  licensed as a physician assistant with all rights defined
  223  thereby.
  224         Reviser’s note.—Amended to delete sub-sub-subparagraph
  225         (7)(b)1.b.(II) which expired pursuant to its own terms,
  226         effective July 1, 2001.
  227         Section 16. Paragraph (c) of subsection (3) of section
  228  468.1155, Florida Statutes, is repealed.
  229         Reviser’s note.—The cited paragraph, which provides for issuance
  230         of a provisional license to practice audiology to
  231         applicants certified to have earned a master’s degree with
  232         a major emphasis in audiology conferred before January 1,
  233         2008, from an institution of higher learning accredited by
  234         an accrediting agency recognized by the Council for Higher
  235         Education Accreditation or its successor, the United States
  236         Department of Education, or an institution that is a member
  237         in good standing with the Association of Universities and
  238         Colleges of Canada, expired pursuant to its own terms,
  239         effective January 1, 2013.
  240         Section 17. Paragraph (c) of subsection (3) of section
  241  481.213, Florida Statutes, is amended to read:
  242         481.213 Licensure.—
  243         (3) The board shall certify as qualified for a license by
  244  endorsement as an architect or as an interior designer an
  245  applicant who:
  246         (c) Has passed the prescribed licensure examination and
  247  holds a valid certificate issued by the National Council of
  248  Architectural Registration Boards, and holds a valid license to
  249  practice architecture issued by another state or jurisdiction of
  250  the United States. An applicant who has passed the prescribed
  251  licensure examination and holds a valid license to practice
  252  architecture issued by another state, but who does not hold a
  253  certificate, may be licensed if he or she:
  254         1. Holds a minimum 4-year degree;
  255         2. Has maintained an architect license in good standing for
  256  a minimum of 10 years;
  257         3. Has been a continuous resident of this state for a
  258  minimum of 10 years; and
  259         4. Presents evidence of satisfactory completion of the
  260  continuing education requirements for renewal of an architect
  261  license for the biennium ending February 2013. This exception to
  262  the requirement that an applicant hold a valid certificate
  263  issued by the National Council of Architectural Registration
  264  Boards expires March 1, 2013.
  265         Reviser’s note.—Amended to delete language which expired
  266         pursuant to its own terms, effective March 1, 2013.
  267         Section 18. Section 1010.87, Florida Statutes, is repealed.
  268         Reviser’s note.—The cited section, which creates the Workers’
  269         Compensation Administration Trust Fund within the
  270         Department of Education, was repealed by s. 1, ch. 2012
  271         135, Laws of Florida, effective June 30, 2013. Since the
  272         section was not repealed by a “current session” of the
  273         Legislature, it may be omitted from the 2014 Florida
  274         Statutes only through a reviser’s bill duly enacted by the
  275         Legislature. See s. 11.242(5)(b) and (i).
  276         Section 19. Paragraph (c) of subsection (2) of section
  277  288.0001, Florida Statutes, is amended to read:
  278         288.0001 Economic Development Programs Evaluation.—The
  279  Office of Economic and Demographic Research and the Office of
  280  Program Policy Analysis and Government Accountability (OPPAGA)
  281  shall develop and present to the Governor, the President of the
  282  Senate, the Speaker of the House of Representatives, and the
  283  chairs of the legislative appropriations committees the Economic
  284  Development Programs Evaluation.
  285         (2) The Office of Economic and Demographic Research and
  286  OPPAGA shall provide a detailed analysis of economic development
  287  programs as provided in the following schedule:
  288         (c) By January 1, 2016, and every 3 years thereafter, an
  289  analysis of the following:
  290         1. The qualified defense contractor and space flight
  291  business tax refund program established under s. 288.1045.
  292         2. The tax exemption for semiconductor, defense, or space
  293  technology sales established under s. 212.08(5)(j).
  294         3. The Military Base Protection Program established under
  295  s. 288.980.
  296         4. The Manufacturing and Spaceport Investment Incentive
  297  Program formerly established under s. 288.1083.
  298         5. The Quick Response Training Program established under s.
  299  288.047.
  300         6. The Incumbent Worker Training Program established under
  301  s. 445.003.
  302         7. International trade and business development programs
  303  established or funded under s. 288.826.
  304         Reviser’s note.—Amended to conform to the repeal of s. 288.1083
  305         by this act.
  306         Section 20. Paragraph (g) of subsection (8) of section
  307  288.9625, Florida Statutes, is repealed.
  308         Reviser’s note.—The cited paragraph is repealed to delete
  309         administration of the Florida Research Commercialization
  310         Matching Grant Program created in s. 288.9552 from the list
  311         of duties of the Institute for the Commercialization of
  312         Public Research to conform to the repeal of s. 288.9552 by
  313         this act.
  314         Section 21. Paragraph (e) of subsection (2) of section
  315  409.979, Florida Statutes, is repealed.
  316         Reviser’s note.—The cited paragraph, which provides for
  317         eligibility by Medicaid recipients for long-term care
  318         community-based diversion projects as described in s.
  319         430.705, is repealed to conform to the repeal of s. 430.705
  320         by this act.
  321         Section 22. Paragraph (e) of subsection (15) of section
  322  430.04, Florida Statutes, is repealed.
  323         Reviser’s note.—The cited paragraph is repealed to delete
  324         inclusion of the Long-Term Care Community-Based Diversion
  325         Pilot Project as described in s. 430.705 from the list of
  326         waivers and programs administered by the Department of
  327         Elderly Affairs in subsection (15) to conform to the repeal
  328         of s. 430.705 by this act.
  329         Section 23. This act shall take effect on the 60th day
  330  after adjournment sine die of the session of the Legislature in
  331  which enacted.