Florida Senate - 2016                                    SB 1504
       
       
        
       By Senator Bean
       
       4-01387-16                                            20161504__
    1                        A bill to be entitled                      
    2         An act relating to credit for relevant military
    3         service; amending s. 456.024, F.S.; providing for the
    4         issuance of a license to practice under certain
    5         conditions to a military health care practitioner in a
    6         profession for which licensure in a state or
    7         jurisdiction is not required to practice in the
    8         military; providing for the issuance of a temporary
    9         professional license under certain conditions to the
   10         spouse of an active duty member of the Armed Forces of
   11         the United States who is a health care practitioner in
   12         a profession for which licensure in a state or
   13         jurisdiction may not be required; deleting the
   14         requirement that an applicant who is issued a
   15         temporary professional license to practice as a
   16         dentist must practice under the indirect supervision
   17         of a licensed dentist; creating s. 489.1131, F.S.;
   18         requiring the Construction Industry Licensing Board to
   19         provide a method by which honorably discharged
   20         veterans may apply for licensure; providing for
   21         extension of credit toward licensing requirements for
   22         substantially similar military training and education;
   23         requiring identification and notification of overlaps
   24         and gaps between license requirements and the military
   25         training and education received by the applicant;
   26         requiring the Department of Business and Professional
   27         Regulation to provide an annual report to the Governor
   28         and Legislature; providing requirements for the annual
   29         report; creating s. 489.5161, F.S.; requiring the
   30         Electrical Contractors’ Licensing Board to provide a
   31         method by which honorably discharged veterans may
   32         apply for licensure; providing for extension of credit
   33         toward licensing requirements for substantially
   34         similar military training and education; requiring
   35         identification and notification of overlaps and gaps
   36         between license requirements and the military training
   37         and education received by the applicant; requiring the
   38         Department of Business and Professional Regulation to
   39         annually report to the Governor and Legislature;
   40         providing requirements for the annual report; creating
   41         s. 493.61035, F.S.; requiring the Department of
   42         Agriculture and Consumer Services to adopt rules
   43         providing a method by which honorably discharged
   44         veterans may apply for licensure pursuant to ch. 493,
   45         F.S.; providing for extension of credit toward
   46         licensing requirements for substantially similar
   47         military training and education; requiring
   48         identification and notification of overlaps and gaps
   49         between license requirements and the military training
   50         and education received by the applicant; requiring an
   51         annual report to the Governor and Legislature;
   52         providing requirements for the annual report;
   53         requiring the Department of Highway Safety and Motor
   54         Vehicles and the Department of Military Affairs to
   55         create a commercial driver license testing pilot
   56         program; providing an effective date.
   57          
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Paragraph (a) of subsection (3) and paragraphs
   61  (a) and (j) of subsection (4) of section 456.024, Florida
   62  Statutes, are amended to read:
   63         456.024 Members of Armed Forces in good standing with
   64  administrative boards or the department; spouses; licensure.—
   65         (3) A person who serves or has served as a health care
   66  practitioner in the United States Armed Forces, United States
   67  Reserve Forces, or the National Guard or a person who serves or
   68  has served on active duty with the United States Armed Forces as
   69  a health care practitioner in the United States Public Health
   70  Service is eligible for licensure in this state. The department
   71  shall develop an application form, and each board, or the
   72  department if there is no board, shall waive the application
   73  fee, licensure fee, and unlicensed activity fee for such
   74  applicants. For purposes of this subsection, “health care
   75  practitioner” means a health care practitioner as defined in s.
   76  456.001 and a person licensed under part III of chapter 401 or
   77  part IV of chapter 468.
   78         (a) The board, or department if there is no board, shall
   79  issue a license to practice in this state to a person who:
   80         1. Submits a complete application.
   81         2. Receives an honorable discharge within 6 months before,
   82  or will receive an honorable discharge within 6 months after,
   83  the date of submission of the application.
   84         3. Holds an active, unencumbered license issued by another
   85  state, the District of Columbia, or a possession or territory of
   86  the United States and who has not had disciplinary action taken
   87  against him or her in the 5 years preceding the date of
   88  submission of the application or is a military health care
   89  practitioner in a profession for which licensure in a state or
   90  jurisdiction is not required to practice in the military, who
   91  provides evidence of military training or experience
   92  substantially equivalent to the requirements for licensure in
   93  this state in that profession, and who obtained a passing score
   94  on the appropriate examination of a national standards
   95  organization when required for licensure in this state.
   96         4. Attests that he or she is not, at the time of
   97  submission, the subject of a disciplinary proceeding in a
   98  jurisdiction in which he or she holds a license or by the United
   99  States Department of Defense for reasons related to the practice
  100  of the profession for which he or she is applying.
  101         5. Actively practiced the profession for which he or she is
  102  applying for the 3 years preceding the date of submission of the
  103  application.
  104         6. Submits a set of fingerprints for a background screening
  105  pursuant to s. 456.0135, if required for the profession for
  106  which he or she is applying.
  107  
  108  The department shall verify information submitted by the
  109  applicant under this subsection using the National Practitioner
  110  Data Bank.
  111         (4)(a) The board, or the department if there is no board,
  112  may issue a temporary professional license to the spouse of an
  113  active duty member of the Armed Forces of the United States who
  114  submits to the department:
  115         1. A completed application upon a form prepared and
  116  furnished by the department in accordance with the board’s
  117  rules;
  118         2. The required application fee;
  119         3. Proof that the applicant is married to a member of the
  120  Armed Forces of the United States who is on active duty;
  121         4. Proof that the applicant holds a valid license for the
  122  profession issued by another state, the District of Columbia, or
  123  a possession or territory of the United States, and is not the
  124  subject of any disciplinary proceeding in any jurisdiction in
  125  which the applicant holds a license to practice a profession
  126  regulated by this chapter or is a health care practitioner in a
  127  profession for which licensure in a state or jurisdiction may or
  128  may not be required, who provides evidence of training or
  129  experience substantially equivalent to the requirements for
  130  licensure in this state in that profession, and who obtained a
  131  passing score on the appropriate examination of a national
  132  standards organization when required for licensure in this
  133  state; and
  134         5. Proof that the applicant’s spouse is assigned to a duty
  135  station in this state pursuant to the member’s official active
  136  duty military orders; and
  137         6.Proof that the applicant would otherwise be entitled to
  138  full licensure under the appropriate practice act, and is
  139  eligible to take the respective licensure examination as
  140  required in Florida.
  141         (j)An applicant who is issued a temporary professional
  142  license to practice as a dentist pursuant to this section must
  143  practice under the indirect supervision, as defined in s.
  144  466.003, of a dentist licensed pursuant to chapter 466.
  145         Section 2. Section 489.1131, Florida Statutes, is created
  146  to read:
  147         489.1131 Credit for relevant military training and
  148  education.-
  149         (1) The board shall provide a method by which honorably
  150  discharged veterans may apply for licensure. The method must
  151  include:
  152         (a) Extension of credit to the fullest extent possible
  153  toward the requirements for licensure for military training or
  154  education received and completed during service in the Armed
  155  Forces of the United States if the training or education is
  156  substantially similar to the training or education required for
  157  licensure.
  158         (b) Identification of overlaps and gaps between the
  159  requirements for licensure and the military training and
  160  education received and completed by the veteran applicants and
  161  subsequent notification to the applicant of the overlaps and
  162  gaps.
  163         (c)Assistance in identifying programs that offer training
  164  and education needed to meet requirements for licensure.
  165         (2)Notwithstanding any other provision of law, beginning
  166  October 1, 2017, and annually thereafter, in conjunction with
  167  the board, the department is directed to prepare and submit a
  168  report titled Construction and Electrical Contracting Veteran
  169  Applicant Statistics to the President of the Senate, the
  170  Speaker of the House of Representatives, and the Governor. The
  171  report must include statistics and information relating to this
  172  section and s. 489.5161 which detail:
  173         (a)The number of applicants who identified themselves as
  174  veterans;
  175         (b)The number of veterans whose application for a license
  176  was approved;
  177         (c)The number of veterans whose application for a license
  178  was denied, including the reasons for denial;
  179         (d)Data on the application processing times for veterans;
  180         (e)The boards’ efforts to assist veterans in identifying
  181  programs that offer training and education needed to meet the
  182  requirements for licensure;
  183         (f)The boards’ identification of the most common overlaps
  184  and gaps between requirements for licensure and the military
  185  training and education received and completed by the veteran
  186  applicants; and
  187         (g)Recommendations on ways to improve the department’s
  188  ability to meet the needs of veterans which would effectively
  189  address the challenges that veterans face when separating from
  190  military service and seeking a license regulated by the
  191  department pursuant to chapter 489, part I.
  192         Section 3. Section 489.5161, Florida Statutes, is created
  193  to read:
  194         489.5161 Credit for relevant military training and
  195  education.-
  196         (1) Each board shall provide a method by which honorably
  197  discharged veterans may apply for licensure. The method shall
  198  include:
  199         (a) Extension of credit to the fullest extent possible
  200  toward the requirements for licensure for military training or
  201  education received and completed during service in the Armed
  202  Forces of the United States if the training or education is
  203  substantially similar to the training or education required for
  204  licensure.
  205         (b) Identification of overlaps and gaps between the
  206  requirements for licensure and the military training and
  207  education received and completed by veteran applicants and
  208  subsequent notification to the applicant of the overlaps and
  209  gaps.
  210         (c) Assistance in identifying programs that offer training
  211  and education needed to meet requirements for licensure.
  212         (2) Notwithstanding any other provision of law, beginning
  213  October 1, 2017, and annually thereafter, in conjunction with
  214  the board, the department is directed to prepare and submit a
  215  report titled Construction and Electrical Contracting Veteran
  216  Applicant Statistics to the President of the Senate, the
  217  Speaker of the House of Representatives, and the Governor. The
  218  report shall include statistics and information relating to this
  219  section and s. 489.1131 detailing:
  220         (a) The number of applicants who identified themselves as
  221  veterans;
  222         (b) The number of veterans whose application for a license
  223  was approved;
  224         (c) The number of veterans whose applications for a license
  225  were denied, including data on the reasons for denial;
  226         (d) Data on the application processing times for veterans;
  227         (e)The boards’ efforts to assist veterans in identifying
  228  programs that offer training and education needed to meet the
  229  requirements for licensure;
  230         (f)The boards’ identification of the most common overlaps
  231  and gaps between the requirements for licensure and the military
  232  training and education received and completed by the veteran
  233  applicants; and
  234         (g) Recommendations on ways to improve the department’s
  235  ability to meet the needs of veterans which would effectively
  236  address the challenges that veterans face when separating from
  237  military service and seeking a license regulated by the
  238  department pursuant to chapter 489, part II.
  239         Section 4. Section 493.61035, Florida Statutes, is created
  240  to read:
  241         493.61035 Credit for relevant military training and
  242  education.—
  243         (1) The department shall provide a method by which
  244  honorably discharged veterans may apply for licensure. The
  245  method must include:
  246         (a) Extension of credit to the fullest extent possible
  247  toward the requirements for licensure for military training or
  248  education received and completed during service in the Armed
  249  Forces of the United States if the training or education is
  250  substantially similar to the training or education required for
  251  licensure.
  252         (b) Identification of overlaps and gaps between the
  253  requirements for licensure and the military training and
  254  education received and completed by the veteran applicants and
  255  subsequent notification to the applicant of the overlaps and
  256  gaps.
  257         (c) Assistance in identifying programs that offer training
  258  and education needed to meet requirements for licensure.
  259         (2) Notwithstanding any other provision of law, beginning
  260  October 1, 2017, and annually thereafter, the department is
  261  directed to prepare and submit a report to the President of the
  262  Senate, the Speaker of the House of Representatives, and the
  263  Governor. In addition to any other information the Legislature
  264  may require, the report must include statistics and relevant
  265  information that detail:
  266         (a) The number of applicants who identified themselves as
  267  veterans;
  268         (b) The number of veterans whose application for a license
  269  was approved;
  270         (c) The number of veterans whose application for a license
  271  was denied, including the reasons for denial;
  272         (d) Data on the application processing times for veterans;
  273         (e) The department’s efforts to assist veterans in
  274  identifying programs that offer training and education needed to
  275  meet the requirements for licensure;
  276         (f) The department’s identification of the most common
  277  overlaps and gaps between the requirements for licensure and the
  278  military training and education received and completed by the
  279  veteran applicants; and
  280         (g) Recommendations on ways to improve the department’s
  281  ability to meet the needs of veterans which would effectively
  282  address the challenges that veterans face when separating from
  283  military service and seeking a license for a profession or
  284  occupation regulated by the department pursuant to chapter 493.
  285         Section 5. National Guard commercial motor vehicle driver
  286  license testing pilot program.
  287         (1)Beginning July 1, 2017, the Department of Highway
  288  Safety and Motor Vehicles and the Department of Military Affairs
  289  shall jointly conduct a pilot program to provide onsite
  290  commercial driver license testing opportunities to qualified
  291  members of the Florida National Guard pursuant to the Department
  292  of Highway Safety and Motor Vehicles commercial driver license
  293  skills test waiver under s. 322.12, Florida Statutes. Testing
  294  must be held at a Florida National Guard Armory, an Armed Forces
  295  Reserve Center, or the Camp Blanding Joint Training Center. The
  296  pilot program shall be accomplished using existing funds
  297  appropriated to the departments.
  298         (2)By June 30, 2018, the Department of Highway Safety and
  299  Motor Vehicles and the Department of Military Affairs shall
  300  jointly submit a report on the pilot program to the President of
  301  the Senate and the Speaker of the House of Representatives.
  302         Section 6. Except as otherwise expressly provided in this
  303  act, this act shall take effect July 1, 2016.