Senate Bill sb1618
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Florida Senate - 2002 SB 1618
By Senator Saunders
25-652A-02 See HB
1 A bill to be entitled
2 An act relating to nursing shortage solutions;
3 providing a short title; amending s. 445.012,
4 F.S.; replacing the Careers for Florida's
5 Future Incentive Grant Program with the Careers
6 for Florida's Future Loan Forgiveness Program;
7 providing for management of the program by the
8 Office of Student Financial Assistance of the
9 Department of Education; providing duties of
10 the department; providing criteria and
11 requirements of the program; deleting
12 provisions relating to authority and duties of
13 Workforce Florida, Inc.; deleting provisions
14 relating to awarding grants; creating the
15 Sunshine Workforce Solutions Grant Program;
16 providing legislative intent; providing
17 purposes; providing procedures, requirements,
18 and criteria for administering the program;
19 providing duties of the Department of
20 Education; amending s. 464.009, F.S.; revising
21 requirements for licensure by endorsement;
22 providing for future expiration; amending s.
23 464.019, F.S.; revising rulemaking authority of
24 the Board of Nursing relating to approval of
25 nursing programs; exempting certain nursing
26 programs from certain board rules under certain
27 circumstances; providing requirements;
28 repealing ss. 445.0121, 445.0122, 445.0123,
29 445.0124, 445.0125, F.S., relating to the
30 Careers for Florida's Future Incentive Grant
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Florida Senate - 2002 SB 1618
25-652A-02 See HB
1 Program provisions; providing an effective
2 date.
3
4 WHEREAS, Florida is aggressively pursuing a K-20
5 approach in dealing with educational issues, has many
6 coordinated partnerships in place, and utilizes nationally
7 recognized mechanisms such as dual enrollment, common course
8 numbering, common prerequisites, standardized program lengths,
9 and statewide A.S. to B.S. articulation, and
10 WHEREAS, there are areas of critical workforce
11 shortages that require such a coordinated K-20 effort from
12 middle school to graduate school to take advantage of
13 partnerships and mechanisms already in place as building
14 blocks, and
15 WHEREAS, the Florida vacancy rate for nurses is 16.2
16 percent and the number of A.S. degrees awarded in Florida has
17 declined at a time when 40 percent of the workforce will be
18 over the age of 50 by 2010, NOW, THEREFORE,
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. This act may be cited as the "Nursing
23 Shortage Solution Act."
24 Section 2. Section 445.012, Florida Statutes, is
25 amended to read:
26 445.012 Careers for Florida's Future Loan Forgiveness
27 Incentive Grant Program.--
28 (1) The Careers for Florida's Future Loan Forgiveness
29 Incentive Grant Program is created to encourage students in
30 this state to obtain degrees or certificates in postsecondary
31 programs that produce graduates with job skills in nursing
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Florida Senate - 2002 SB 1618
25-652A-02 See HB
1 advanced technology which are critical to the economic future
2 of this state. The program shall provide for forgiveness of
3 loans a forgivable loan that require requires a student to
4 enroll in and complete an eligible program and then to
5 maintain employment in an eligible occupation in this state
6 for 1 year for each year of loan forgiveness grant receipt.
7 The recipient must begin repayment of the grant 1 year after
8 the recipient is no longer enrolled in an eligible institution
9 or completes the program, unless the recipient obtains
10 employment in an eligible occupation.
11 (2) The Office of Student Financial Assistance of the
12 Department of Education Workforce Florida, Inc., shall manage
13 the Careers for Florida's Future Loan Forgiveness Incentive
14 Grant Program in accordance with rules and procedures
15 established for this purpose. Workforce Florida, Inc., shall
16 contract with the Office of Student Financial Assistance in
17 the Department of Education to administer the incentive grant
18 program for students pursuing baccalaureate degrees or degree
19 career education programs that articulate into baccalaureate
20 degree programs. The office shall advertise the availability
21 of the loan forgiveness grant program and collect all
22 delinquent incentive grant repayments.
23 (a) The Department of Education shall make payments on
24 loans from federal or state programs or commercial lending
25 institutions for the support of postsecondary study in
26 approved certificate, associate degree, or baccalaureate
27 degree programs in nursing. The Office of Student Financial
28 Assistance of the Department of Education shall issue awards
29 from the incentive grant program each semester. Before the
30 registration period each semester, the department shall
31 transmit payment for each award to the president or director
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Florida Senate - 2002 SB 1618
25-652A-02 See HB
1 of the postsecondary education institution, or his or her
2 representative, except that the department may withhold
3 payment if the receiving institution fails to report or make
4 refunds to the department as required in this section.
5 (b) Only loans to pay the costs of tuition, fees,
6 books, and living expenses shall be covered in an amount not
7 to exceed $1,800 for each year of education toward a
8 certificate, $3,000 for each year of education toward an
9 associate degree or at a lower division toward a baccalaureate
10 degree, and $6,000 for each year of education at an upper
11 division toward a baccalaureate degree. Within 30 days after
12 the end of regular registration each semester, the educational
13 institution shall certify to the department the eligibility
14 status of each student who receives an award. After the end of
15 the drop-and-add period, an institution is not required to
16 reevaluate or revise a student's eligibility status, but must
17 make a refund to the department if a student who receives an
18 award disbursement terminates enrollment for any reason during
19 an academic term and a refund is permitted by the
20 institution's refund policy.
21 (c) Contingent upon proof of employment in an eligible
22 occupation in the area of nursing, loan principal payments
23 shall be made directly to the federal or state programs or
24 commercial lending institutions holding the loan as follows:
25 1. Twenty-five percent of the loan principal and
26 accrued interest shall be retired after the first year of
27 eligible employment.
28 2. Fifty percent of the loan principal and accrued
29 interest shall be retired after the second year of eligible
30 employment.
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Florida Senate - 2002 SB 1618
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1 3. Seventy-five percent of the loan principal and
2 accrued interest shall be retired after the third year of
3 eligible employment.
4 4. The remaining loan principal and accrued interest
5 shall be retired after the fourth year of eligible employment.
6
7 In no case may payment for any student exceed $6,000 in any
8 12-month period. An institution that receives funds from the
9 program shall certify to the department the amount of funds
10 disbursed to each student and shall remit to the department
11 any undisbursed advances within 60 days after the end of
12 regular registration. The department may suspend or revoke an
13 institution's eligibility to receive future moneys for the
14 program if the department finds that an institution has not
15 complied with this section.
16 (3) The Department of Education may adopt rules
17 necessary for administering the program. Workforce Florida,
18 Inc., shall allocate to each regional workforce board its
19 share of funds available for incentive grants in eligible
20 diploma, certificate, and degree career education programs
21 that do not articulate into baccalaureate programs. Each
22 regional workforce board shall administer the program,
23 including determining award recipients within funds available
24 to it for that purpose. Workforce Florida, Inc., shall
25 contract with the Office of Student Financial Assistance in
26 the Department of Education for collecting delinquent
27 incentive grant repayments.
28 (a) Workforce Florida, Inc., shall reallocate any
29 funds not encumbered by the regional workforce boards by
30 January 31 of each year to other regional workforce boards for
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Florida Senate - 2002 SB 1618
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1 additional awards, in accordance with rules and procedures
2 established for this purpose.
3 (b) Within 30 days after the student begins classes,
4 the educational institution shall certify to the regional
5 workforce board the eligibility status of each student who
6 receives an award. After this report, an institution is not
7 required to reevaluate or revise a student's eligibility
8 status, but must make a refund to the regional workforce board
9 if a student who receives an award disbursement terminates
10 enrollment for any reason during the period that would permit
11 a refund by the institution's refund policy.
12 (c) Regional workforce boards shall ensure that each
13 recipient receives maximum funding possible by coordinating
14 career education awards with Individual Training Accounts
15 funded by the federal Workforce Investment Act, Retention
16 Incentive Training Accounts funded by the federal Temporary
17 Assistance for Needy Families Act, the federal Welfare-to-Work
18 program, and other programs intended to assist incumbent
19 workers in upgrading their skills.
20 (4) This section shall be implemented only as
21 specifically funded. If funds appropriated are not adequate to
22 provide the maximum allowable award to each eligible
23 applicant, full awards must be provided in the order of
24 priority established by Workforce Florida, Inc. Awards must
25 not be reduced to increase the number of recipients.
26 (5) A recipient who is pursuing a baccalaureate degree
27 shall receive $100 for each lower-division credit hour in
28 which the student is enrolled at an eligible college or
29 university, up to a maximum of $1,500 per semester, and $200
30 for each upper-division credit hour in which the student is
31 enrolled at an eligible college or university, up to a maximum
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Florida Senate - 2002 SB 1618
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1 of $3,000 per semester. For purposes of this section, a
2 student is pursuing a baccalaureate degree if he or she is in
3 a program that articulates into a baccalaureate degree program
4 by agreement of the Articulation Coordinating Committee. A
5 student in an applied technology diploma program, a
6 certificate career education program, or a degree career
7 education program that does not articulate into a
8 baccalaureate degree program shall receive $2 for each
9 vocational contact hour, or the equivalent, for certificate
10 programs, or $60 for each credit hour, or the equivalent, for
11 degree career education programs and applied technology
12 programs for which the student is enrolled at an eligible
13 college, technical center, or nonpublic career education
14 school.
15 (6) If a recipient who is enrolled in a diploma,
16 certificate, or degree career education program that does not
17 articulate into a baccalaureate degree program transfers from
18 one eligible institution to another within the same workforce
19 region and continues to meet eligibility requirements, the
20 award shall be transferred with the student.
21 (7) If a recipient who is enrolled in a baccalaureate
22 degree or a degree career education program that articulates
23 into a baccalaureate degree program transfers from one
24 eligible institution to another and continues to meet
25 eligibility requirements, the award shall be transferred with
26 the student.
27 (8) An award recipient may use an award for enrollment
28 in a summer term if funds are available.
29 (9) Funds may not be used to pay for remedial,
30 college-preparatory, or vocational-preparatory coursework.
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Florida Senate - 2002 SB 1618
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1 Section 3. Sunshine Workforce Solutions Grant
2 Program.--
3 (1) The Legislature recognizes the need for school
4 districts to be able to respond to critical workforce
5 shortages in nursing. The Sunshine Workforce Solutions Grant
6 Program is created to provide grants to school districts on a
7 competitive basis to fund all or some of the costs associated
8 with establishing an exploratory program at the middle school
9 level or a comprehensive career and technical education
10 program within a high school that provides a program of study
11 in nursing that will provide a seamless transition to an
12 appropriate postsecondary education or employment.
13 (a) A comprehensive career and technical education
14 program within a high school that provides a program of study
15 in nursing must be certified or endorsed by the Board of
16 Nursing to ensure that all components of the program are
17 relevant and appropriate to prepare the student for further
18 education and employment in nursing.
19 (b) Each career and technical education program
20 offered by a high school and able to be articulated to a
21 postsecondary level must also have an articulation agreement
22 with one or more appropriate postsecondary education
23 institutions to ensure a seamless transition to a related
24 postsecondary program without a loss of credit for the
25 student.
26 (c) Participation in work-based learning experiences,
27 as defined in rule by the Department of Education, shall be
28 required at the high school level.
29 (2) Funds awarded for a Sunshine Workforce Solutions
30 Grant may be used for instructional equipment, laboratory
31 equipment, supplies, personnel, student services, or other
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Florida Senate - 2002 SB 1618
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1 expenses associated with the development of a program in
2 nursing.
3 (3) The Department of Education shall accept
4 applications from middle schools and high schools for grants
5 under the Sunshine Workforce Solutions Grant Program.
6 (a) Applications shall contain projected enrollments
7 and projected costs for the Sunshine Workforce Solutions
8 Grants.
9 (b) The Department of Education shall review and rank
10 each application for a grant and shall submit to the
11 Legislature a list, in priority order by middle schools and
12 high schools, of applicants recommended for grant awards.
13 (c) Schools shall be selected based on existing
14 infrastructure that would ensure success of the program. The
15 department shall consider statewide geographic dispersion of
16 grant funds in ranking the applications.
17 (d) Demonstrated successful student recruitment,
18 retention, and program completion strategies shall be an
19 evaluative criteria in awarding grants under this section.
20 Section 4. Subsections (1) and (3) of section 464.009,
21 Florida Statutes, are amended to read:
22 464.009 Licensure by endorsement.--
23 (1) The department shall issue the appropriate license
24 by endorsement to practice professional or practical nursing
25 to an applicant who, upon applying to the department and
26 remitting a fee set by the board not to exceed $100,
27 demonstrates to the board that he or she:
28 (a) Holds a valid license to practice professional or
29 practical nursing in another state of the United States,
30 provided that, when the applicant secured his or her original
31 license, the requirements for licensure were substantially
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Florida Senate - 2002 SB 1618
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1 equivalent to or more stringent than those existing in Florida
2 at that time; or
3 (b) Meets the qualifications for licensure in s.
4 464.008 and has successfully completed a state, regional, or
5 national examination which is substantially equivalent to or
6 more stringent than the examination given by the department;
7 or.
8 (c) Has actively practiced nursing in another state or
9 territory of the United States for 2 of the immediately
10 preceding 3 years without having his or her license acted
11 against by the licensing authority of any jurisdiction. Within
12 6 months after obtaining a license under this subsection, a
13 licensee must have completed a course on Florida laws and
14 rules which is approved by the board. This paragraph expires
15 July 1, 2004.
16 (3) The applicant must submit to the department a set
17 of fingerprints on a form and under procedures specified by
18 the department, along with a payment in an amount equal to the
19 costs incurred by the Department of Health for the criminal
20 background check of the applicant. The Department of Health
21 shall submit the fingerprints provided by the applicant to the
22 Florida Department of Law Enforcement for a statewide criminal
23 history check, and the Florida Department of Law Enforcement
24 shall forward the fingerprints to the Federal Bureau of
25 Investigation for a national criminal history check of the
26 applicant. The Department of Health shall review the results
27 of the criminal history check, issue a license to an applicant
28 who has met all of the other requirements for licensure and
29 has no criminal history, and shall refer all applicants with
30 criminal histories back to the board for determination as to
31 whether a license should be issued and under what conditions.
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Florida Senate - 2002 SB 1618
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1 However, the department shall issue a temporary license that
2 is to be valid for the lesser of 180 days or until the
3 department has received and reviewed the results of the
4 criminal-history check and has determined that the applicant
5 has met all of the other requirements for licensure and has no
6 criminal history. As soon as that determination has been made,
7 the license may be issued to the applicant.
8 Section 5. Subsection (2) of section 464.019, Florida
9 Statutes, is amended, and subsection (6) is added to that
10 section, to read:
11 464.019 Approval of nursing programs.--
12 (2)(a) The board shall adopt rules, applicable to
13 initial review and conditional approval of a program,
14 regarding educational objectives, faculty qualifications,
15 curriculum guidelines, administrative procedures, and clinical
16 training. An applicant institution shall comply with such
17 rules in order to obtain conditional program approval. No
18 program shall be considered fully approved, nor shall any
19 program be exempted from such rules, prior to the graduation
20 of the program's first class.
21 (b) The board shall adopt rules regarding educational
22 objectives and curriculum guidelines as are necessary to grant
23 full approval to a program and to ensure that fully approved
24 programs graduate nurses capable of competent practice under
25 this part. Rules regarding educational objectives shall
26 consider student attrition rate standards and retention of
27 qualified faculty.
28 (c) The board shall adopt rules governing probation,
29 suspension, and termination status of programs that fail to
30 comply with the standards of this part.
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Florida Senate - 2002 SB 1618
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1 (d) The board shall not adopt any rule limiting the
2 number of students admitted to a nursing program provided
3 appropriate faculty-to-student ratios are maintained.
4 (6) Any nursing program that maintains accreditation
5 through an accrediting body recognized by the United States
6 Department of Education, or any nursing program located within
7 a regionally accredited institution of higher education, shall
8 be exempt from the rules of the board except as provided in
9 paragraph (2)(b), provided such exemption shall apply only to
10 the extent the program maintains a student pass rate on the
11 National Clinical Licensure Exam of not less than 7 percentage
12 points below the national average pass rate as reported
13 annually by the National Council of State Boards of Nursing.
14 Section 6. Sections 445.0121, 445.0122, 445.0123,
15 445.0124, and 445.0125, Florida Statutes, are repealed.
16 Section 7. This act shall take effect upon becoming a
17 law.
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20 LEGISLATIVE SUMMARY
21
Creates the "Nursing Shortage Solution Act." Replaces the
22 Careers for Florida's Future Incentive Grant Program with
the Careers for Florida's Future Loan Forgiveness Program
23 to provide for loan forgiveness of costs associated with
degree programs in nursing. Creates the Sunshine
24 Workforce Solutions Grant Program to provide grants to
school districts to establish programs for studies in
25 nursing to respond to critical workforce shortages in
nursing. Revises requirements for licensure by
26 endorsement. Revises rulemaking authority of the Board of
Nursing relating to approval of nursing programs. Exempts
27 accredited nursing programs from board rules relating to
program approval under certain circumstances. Authorizes
28 the Department of Health to issue professional or
practical nursing licenses to qualified persons from
29 other states. (See bill for details.)
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