Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1504
       
       
       
       
       
       
                                Ì813092!Î813092                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/24/2016           .                                
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       Appropriations Subcommittee on General Government (Altman)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (12) of section 401.27, Florida
    6  Statutes, is amended to read:
    7         401.27 Personnel; standards and certification.—
    8         (12) An applicant for certification as an emergency medical
    9  technician or paramedic who is trained outside the state, or
   10  trained in the military, must provide proof of a current,
   11  nationally recognized emergency medical technician or paramedic
   12  certification or registration that is recognized by the
   13  department and based upon successful completion of a training
   14  program approved by the department as being equivalent to the
   15  most recent EMT-Basic or EMT-Paramedic National Standard
   16  Curriculum or the National EMS Education Standards of the United
   17  States Department of Transportation and hold a current
   18  certificate of successful course completion in cardiopulmonary
   19  resuscitation (CPR) or advanced cardiac life support for
   20  emergency medical technicians or paramedics, respectively, to be
   21  eligible for the certification examination. The applicant must
   22  successfully complete the certification examination within 2
   23  years after the date of the receipt of his or her application by
   24  the department. After 2 years, the applicant must submit a new
   25  application, meet all eligibility requirements, and submit all
   26  fees to reestablish eligibility to take the certification
   27  examination.
   28         Section 2. Subsection (3) of section 456.024, Florida
   29  Statutes, is amended to read:
   30         456.024 Members of United States Armed Forces in good
   31  standing with administrative boards or the department; spouses;
   32  licensure.—
   33         (3)(a) A person is eligible for licensure as a health care
   34  practitioner in this state if he or she:
   35         1.who Serves or has served as a health care practitioner
   36  in the United States Armed Forces, the United States Reserve
   37  Forces, or the National Guard;
   38         2.or a person who Serves or has served on active duty with
   39  the United States Armed Forces as a health care practitioner in
   40  the United States Public Health Service; or
   41         3. Is a health care practitioner, other than a dentist, in
   42  another state, the District of Columbia, or a possession or
   43  territory of the United States and is the spouse of a person
   44  serving on active duty with the United States Armed Forces, is
   45  eligible for licensure in this state.
   46  
   47  The department shall develop an application form, and each
   48  board, or the department if there is no board, shall waive the
   49  application fee, licensure fee, and unlicensed activity fee for
   50  such applicants. For purposes of this subsection, “health care
   51  practitioner” means a health care practitioner as defined in s.
   52  456.001 and a person licensed under part III of chapter 401 or
   53  part IV of chapter 468.
   54         (b)(a) The board, or the department if there is no board,
   55  shall issue a license to practice in this state to a person who:
   56         1. Submits a complete application.
   57         2. If he or she is member of the United States Armed
   58  Forces, the United States Reserve Forces, or the National Guard,
   59  submits proof that he or she has received Receives an honorable
   60  discharge within 6 months before, or will receive an honorable
   61  discharge within 6 months after, the date of submission of the
   62  application.
   63         3.a. Holds an active, unencumbered license issued by
   64  another state, the District of Columbia, or a possession or
   65  territory of the United States and who has not had disciplinary
   66  action taken against him or her in the 5 years preceding the
   67  date of submission of the application;
   68         b. Is a military health care practitioner in a profession
   69  for which licensure in a state or jurisdiction is not required
   70  to practice in the United States Armed Forces, if he or she
   71  submits to the department evidence of military training or
   72  experience substantially equivalent to the requirements for
   73  licensure in this state in that profession and evidence that he
   74  or she has obtained a passing score on the appropriate
   75  examination of a national or regional standards organization if
   76  required for licensure in this state; or
   77         c. Is the spouse of a person serving on active duty in the
   78  United States Armed Forces and is a health care practitioner in
   79  a profession, excluding dentistry, for which licensure in
   80  another state or jurisdiction is not required, if he or she
   81  submits to the department evidence of training or experience
   82  substantially equivalent to the requirements for licensure in
   83  this state in that profession and evidence that he or she has
   84  obtained a passing score on the appropriate examination of a
   85  national or regional standards organization if required for
   86  licensure in this state.
   87         4. Attests that he or she is not, at the time of submission
   88  of the application, the subject of a disciplinary proceeding in
   89  a jurisdiction in which he or she holds a license or by the
   90  United States Department of Defense for reasons related to the
   91  practice of the profession for which he or she is applying.
   92         5. Actively practiced the profession for which he or she is
   93  applying for the 3 years preceding the date of submission of the
   94  application.
   95         6. Submits a set of fingerprints for a background screening
   96  pursuant to s. 456.0135, if required for the profession for
   97  which he or she is applying.
   98  
   99  The department shall verify information submitted by the
  100  applicant under this subsection using the National Practitioner
  101  Data Bank.
  102         (c)(b) Each applicant who meets the requirements of this
  103  subsection shall be licensed with all rights and
  104  responsibilities as defined by law. The applicable board, or the
  105  department if there is no board, may deny an application if the
  106  applicant has been convicted of or pled guilty or nolo
  107  contendere to, regardless of adjudication, any felony or
  108  misdemeanor related to the practice of a health care profession
  109  regulated by this state.
  110         (d)(c) An applicant for initial licensure under this
  111  subsection must submit the information required by ss.
  112  456.039(1) and 456.0391(1) no later than 1 year after the
  113  license is issued.
  114         Section 3. Section 456.0241, Florida Statutes, is created
  115  to read:
  116         456.0241 Temporary certificate for active duty military
  117  health care practitioners.—
  118         (1) As used in this section, the term:
  119         (a) “Military health care practitioner” means:
  120         1. A person practicing as a health care practitioner as
  121  defined in s. 456.001, as a person licensed under part III of
  122  chapter 401, or as a person licensed under part IV of chapter
  123  468 who is serving on active duty in the United States Armed
  124  Forces, the United States Reserve Forces, or the National Guard;
  125  or
  126         2. A person who is serving on active duty in the United
  127  States Armed Forces and serving in the United States Public
  128  Health Service.
  129         (b) “Military platform” means a military training agreement
  130  with a nonmilitary health care provider which is designed to
  131  develop and support medical, surgical, or other health care
  132  treatment opportunities in a nonmilitary health care provider
  133  setting to authorize a military health care practitioner to
  134  develop and maintain the technical proficiency necessary to meet
  135  the present and future health care needs of the United States
  136  Armed Forces. Such agreements may include Training Affiliation
  137  Agreements and External Resource Sharing Agreements.
  138         (2) The department may issue a temporary certificate to a
  139  military health care practitioner to practice in a regulated
  140  profession in this state if the applicant:
  141         (a) Submits proof that he or she will be practicing
  142  pursuant to a military platform.
  143         (b) Submits a complete application and a nonrefundable
  144  application fee.
  145         (c) Holds an active, unencumbered license to practice as a
  146  health care professional issued by another state, the District
  147  of Columbia, or a possession or territory of the United States,
  148  or is a military health care practitioner in a profession for
  149  which licensure in a state or jurisdiction is not required for
  150  practice in the United States Armed Forces and provides evidence
  151  of military training and experience substantially equivalent to
  152  the requirements for licensure in this state in that profession.
  153         (d) Attests that he or she is not, at the time of
  154  submission of the application, the subject of a disciplinary
  155  proceeding in a jurisdiction in which he or she holds a license
  156  or by the United States Department of Defense for reasons
  157  related to the practice of the profession for which he or she is
  158  applying.
  159         (e) Has been determined to be competent in the profession
  160  for which he or she is applying.
  161         (f) Submits a set of fingerprints for a background
  162  screening pursuant to s. 456.0135, if required for the
  163  profession for which he or she is applying.
  164  
  165  The department shall verify information submitted by the
  166  applicant under this subsection using the National Practitioner
  167  Data Bank.
  168         (3) A temporary certificate issued under this section
  169  expires 6 months after issuance but may be renewed upon proof of
  170  continuing military orders for active duty assignment in this
  171  state and evidence that the military health care practitioner
  172  continues to be a military platform participant.
  173         (4) A military health care practitioner applying for a
  174  temporary certificate under this section is exempt from ss.
  175  456.039-456.046. All other provisions of this chapter apply to
  176  such military health care practitioner.
  177         (5) An applicant for a temporary certificate under this
  178  section is deemed ineligible if he or she:
  179         (a) Has been convicted of or pled guilty or nolo contendere
  180  to, regardless of adjudication, any felony or misdemeanor
  181  related to the practice of a health care profession;
  182         (b) Has had a health care provider license revoked or
  183  suspended in another state, the District of Columbia, or a
  184  possession or territory of the United States;
  185         (c) Has failed to obtain a passing score on an examination
  186  in this state required to receive a license to practice the
  187  profession for which he or she is applying; or
  188         (d) Is under investigation in another jurisdiction for an
  189  act that would constitute a violation of the applicable
  190  licensing chapter or this chapter until the investigation is
  191  complete and all charges against him or her are disposed of by
  192  dismissal, nolle prosequi, or acquittal.
  193         (6) The department shall, by rule, set an application fee
  194  not to exceed $50 and a renewal fee not to exceed $50.
  195         (7) Application shall be made on a form prescribed and
  196  furnished by the department.
  197         (8) The department shall adopt rules to administer this
  198  section.
  199         Section 4. Section 489.1131, Florida Statutes, is created
  200  to read:
  201         489.1131 Credit for relevant military training and
  202  education.—
  203         (1) The department shall provide a method by which
  204  honorably discharged veterans may apply for licensure. The
  205  method must include a veteran-specific application and provide:
  206         (a) To the fullest extent possible, credit toward the
  207  requirements for licensure for military experience, training,
  208  and education received and completed during service in the
  209  United States Armed Forces if the military experience, training,
  210  or education is substantially similar to the experience,
  211  training, or education required for licensure.
  212         (b) Acceptance of up to 3 years of active duty service in
  213  the United States Armed Forces, regardless of duty or training,
  214  to meet the experience requirements of s. 489.111(2)(c). At
  215  least 1 additional year of active experience as a foreman in the
  216  trade, either civilian or military, is required to fulfill the
  217  experience requirement of s. 489.111(2)(c).
  218  
  219  The board may adopt rules pursuant to ss. 120.536(1) and 120.54
  220  to administer this subsection.
  221         (2) Notwithstanding any other law, beginning October 1,
  222  2017, and annually thereafter, the department, in conjunction
  223  with the board, is directed to prepare and submit a report
  224  titled “Construction and Electrical Contracting Veteran
  225  Applicant Statistics” to the Governor, the President of the
  226  Senate, and the Speaker of the House of Representatives. The
  227  report must include statistics and information relating to this
  228  section and s. 489.5161 which detail:
  229         (a) The number of applicants who identified themselves as
  230  veterans.
  231         (b) The number of veterans whose application for a license
  232  was approved.
  233         (c) The number of veterans whose application for a license
  234  was denied, including the reasons for denial.
  235         (d) Data on the application processing times for veterans.
  236         (e) Recommendations on ways to improve the department’s
  237  ability to meet the needs of veterans which would effectively
  238  address the challenges that veterans face when separating from
  239  military service and seeking a license regulated by the
  240  department pursuant to part I of this chapter.
  241         Section 5. Paragraph (b) of subsection (1) of section
  242  489.511, Florida Statutes, is amended to read:
  243         489.511 Certification; application; examinations;
  244  endorsement.—
  245         (1)
  246         (b) Any person desiring to be certified as a contractor
  247  shall apply to the department in writing and must meet the
  248  following criteria:
  249         1. Be of good moral character;
  250         2. Pass the certification examination, achieving a passing
  251  grade as established by board rule; and
  252         3. Meet eligibility requirements according to one of the
  253  following criteria:
  254         a. Has, within the 6 years immediately preceding the filing
  255  of the application, at least 3 years of years’ proven management
  256  experience in the trade or education equivalent thereto, or a
  257  combination thereof, but not more than one-half of such
  258  experience may be educational equivalent;
  259         b. Has, within the 8 years immediately preceding the filing
  260  of the application, at least 4 years of years’ experience as a
  261  supervisor or contractor in the trade for which he or she is
  262  making application, or at least 4 years of experience as a
  263  supervisor in electrical or alarm system work with the United
  264  States Armed Forces;
  265         c. Has, within the 12 years immediately preceding the
  266  filing of the application, at least 6 years of comprehensive
  267  training, technical education, or supervisory experience
  268  associated with an electrical or alarm system contracting
  269  business, or at least 6 years of technical experience,
  270  education, or training in electrical or alarm system work with
  271  the United States Armed Forces or a governmental entity;
  272         d. Has, within the 12 years immediately preceding the
  273  filing of the application, been licensed for 3 years as a
  274  professional engineer who is qualified by education, training,
  275  or experience to practice electrical engineering; or
  276         e. Has any combination of qualifications under sub
  277  subparagraphs a.-c. totaling 6 years of experience.
  278         Section 6. Section 489.5161, Florida Statutes, is created
  279  to read:
  280         489.5161 Credit for relevant military training and
  281  education.—
  282         (1) The department shall provide a method by which
  283  honorably discharged veterans may apply for licensure. The
  284  method must include a veteran-specific application and provide,
  285  to the fullest extent possible, credit toward the requirements
  286  for licensure for military experience, training, and education
  287  received and completed during service in the United States Armed
  288  Forces if the military experience, training, or education is
  289  substantially similar to the experience, training, or education
  290  required for licensure. The board may adopt rules pursuant to
  291  ss. 120.536(1) and 120.54 to administer this subsection.
  292         (2) Notwithstanding any other law, beginning October 1,
  293  2017, and annually thereafter, the department, in conjunction
  294  with the board, is directed to prepare and submit a report
  295  titled “Construction and Electrical Contracting Veteran
  296  Applicant Statistics” to the Governor, the President of the
  297  Senate, and the Speaker of the House of Representatives. The
  298  report must include statistics and information relating to this
  299  section and s. 489.1131 which detail:
  300         (a) The number of applicants who identified themselves as
  301  veterans.
  302         (b) The number of veterans whose application for a license
  303  was approved.
  304         (c) The number of veterans whose application for a license
  305  was denied, including data on the reasons for denial.
  306         (d) Data on the application processing times for veterans.
  307         (e) Recommendations on ways to improve the department’s
  308  ability to meet the needs of veterans which would effectively
  309  address the challenges that veterans face when separating from
  310  military service and seeking a license regulated by the
  311  department pursuant to part II of this chapter.
  312         Section 7. Section 493.61035, Florida Statutes, is created
  313  to read:
  314         493.61035 Credit for relevant military training and
  315  education.—
  316         (1) The department shall provide a method by which
  317  honorably discharged veterans may apply for licensure. The
  318  method must include:
  319         (a) To the fullest extent possible, credit toward the
  320  requirements for licensure for military training and education
  321  received and completed during service in the United States Armed
  322  Forces if the military training or education is substantially
  323  similar to the training or education required for licensure.
  324         (b) Identification of overlaps and gaps between the
  325  requirements for licensure and the military training or
  326  education received and completed by the veteran, and subsequent
  327  notification to the veteran of the overlaps and gaps.
  328         (c) Assistance in identifying programs that offer training
  329  and education needed to meet the requirements for licensure.
  330         (2) Notwithstanding any other law, beginning October 1,
  331  2017, and annually thereafter, the department is directed to
  332  prepare and submit a report to the Governor, the President of
  333  the Senate, and the Speaker of the House of Representatives. In
  334  addition to any other information that the Legislature may
  335  require, the report must include statistics and relevant
  336  information that detail:
  337         (a) The number of applicants who identified themselves as
  338  veterans.
  339         (b) The number of veterans whose application for a license
  340  was approved.
  341         (c) The number of veterans whose application for a license
  342  was denied, including the reasons for denial.
  343         (d) Data on the application processing times for veterans.
  344         (e) The department’s efforts to assist veterans in
  345  identifying programs that offer training and education needed to
  346  meet the requirements for licensure.
  347         (f) The department’s identification of the most common
  348  overlaps and gaps between the requirements for licensure and the
  349  military training and education received and completed by the
  350  veterans.
  351         (g) Recommendations on ways to improve the department’s
  352  ability to meet the needs of veterans which would effectively
  353  address the challenges that veterans face when separating from
  354  military service and seeking a license for a profession or an
  355  occupation regulated by the department pursuant to this chapter.
  356         Section 8. (1) The Department of Highway Safety and Motor
  357  Vehicles and the Department of Military Affairs shall jointly
  358  conduct a pilot program to provide onsite commercial motor
  359  vehicle driver license testing opportunities to qualified
  360  members of the Florida National Guard pursuant to the Department
  361  of Highway Safety and Motor Vehicles commercial motor vehicle
  362  driver license skills test waiver under s. 322.12, Florida
  363  Statutes. Testing must be held at a Florida National Guard
  364  armory, a Florida United States Armed Forces Reserve Center, or
  365  the Camp Blanding Joint Training Center. The pilot program shall
  366  be accomplished using existing funds appropriated to each
  367  department.
  368         (2) By June 30, 2017, the Department of Highway Safety and
  369  Motor Vehicles and the Department of Military Affairs shall
  370  jointly submit a report on the results of the pilot program to
  371  the President of the Senate and the Speaker of the House of
  372  Representatives.
  373         (3) This section is repealed October 1, 2017, and shall not
  374  be codified in the Florida Statutes.
  375         Section 9. This act shall take effect July 1, 2016.
  376  
  377  ================= T I T L E  A M E N D M E N T ================
  378  And the title is amended as follows:
  379         Delete everything before the enacting clause
  380  and insert:
  381                        A bill to be entitled                      
  382         An act relating to credit for relevant military
  383         service; amending s. 401.27, F.S.; revising the
  384         application requirements for emergency medical
  385         technician or paramedic certification; amending s.
  386         456.024, F.S.; directing the Department of Health, or
  387         the applicable board pursuant to chapter 456, F.S., to
  388         issue health care practitioner licenses to eligible
  389         military health care practitioners and eligible health
  390         care practitioners who are spouses of active duty
  391         servicemembers; creating s. 456.0241, F.S.; defining
  392         terms; directing the Department of Health to issue
  393         temporary certificates to eligible active duty
  394         military health care practitioners; providing
  395         requirements for temporary certification; providing
  396         for expiration of such certification; providing
  397         exemptions; directing the department to set
  398         application and renewal fees, develop and furnish an
  399         application form, and adopt rules; creating s.
  400         489.1131, F.S.; directing the Department of Business
  401         and Professional Regulation to provide a method by
  402         which honorably discharged veterans may apply for
  403         construction contracting licensure; authorizing the
  404         Construction Industry Licensing Board to adopt rules;
  405         directing the department, in conjunction with the
  406         board, to annually prepare and submit a specified
  407         report to the Governor and the Legislature; amending
  408         s. 489.511, F.S.; revising eligibility criteria for
  409         taking the electrical or alarm system contractor
  410         certification examination; creating s. 489.5161, F.S.;
  411         directing the Department of Business and Professional
  412         Regulation to provide a method by which honorably
  413         discharged veterans may apply for electrical or alarm
  414         system contracting licensure; authorizing the
  415         Electrical Contractors’ Licensing Board to adopt
  416         rules; directing the department, in conjunction with
  417         the board, to annually prepare and submit a specified
  418         report to the Governor and the Legislature; creating
  419         s. 493.61035, F.S.; directing the Department of
  420         Agriculture and Consumer Services to provide a method
  421         by which honorably discharged veterans may apply for
  422         private investigative, private security, and
  423         repossession services licensure; authorizing the
  424         department to adopt rules; directing the department to
  425         annually prepare and submit a specified report to the
  426         Governor and the Legislature; directing the Department
  427         of Highway Safety and Motor Vehicles and the
  428         Department of Military Affairs to conduct a commercial
  429         motor vehicle driver license testing pilot program;
  430         specifying testing locations and funding; requiring
  431         the departments to submit a report to the Legislature
  432         by a specified date; providing for repeal of the
  433         program; providing an effective date.