Senate Bill sb2258

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    Florida Senate - 2003                                  SB 2258

    By Senator Saunders





    37-1174-03                                          See HB 991

  1                      A bill to be entitled

  2         An act relating to nurses; amending s. 121.091,

  3         F.S.; increasing the period of time during

  4         which members of the Florida Retirement System

  5         who are employed as registered nurses may

  6         participate in the DROP; providing a statement

  7         of proper and legitimate state purpose;

  8         providing an appropriation to the Department of

  9         Health; requiring private match of appropriated

10         funds; providing for grants to hospitals for

11         nurse recruitment and retention; providing for

12         rules; providing eligibility criteria; amending

13         s. 464.009, F.S.; requiring applicants for

14         nursing licensure by endorsement to demonstrate

15         the ability to communicate in the English

16         language; amending s. 1009.66, F.S.; providing

17         that applicant awards under the Nursing Student

18         Loan Forgiveness Program shall be on a

19         first-come, first-served basis; providing an

20         effective date.

21  

22  Be It Enacted by the Legislature of the State of Florida:

23  

24         Section 1.  Subsection (13) of section 121.091, Florida

25  Statutes, is amended to read:

26         121.091  Benefits payable under the system.--Benefits

27  may not be paid under this section unless the member has

28  terminated employment as provided in s. 121.021(39)(a) or

29  begun participation in the Deferred Retirement Option Program

30  as provided in subsection (13), and a proper application has

31  been filed in the manner prescribed by the department. The

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    Florida Senate - 2003                                  SB 2258
    37-1174-03                                          See HB 991




 1  department may cancel an application for retirement benefits

 2  when the member or beneficiary fails to timely provide the

 3  information and documents required by this chapter and the

 4  department's rules. The department shall adopt rules

 5  establishing procedures for application for retirement

 6  benefits and for the cancellation of such application when the

 7  required information or documents are not received.

 8         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

 9  and subject to the provisions of this section, the Deferred

10  Retirement Option Program, hereinafter referred to as the

11  DROP, is a program under which an eligible member of the

12  Florida Retirement System may elect to participate, deferring

13  receipt of retirement benefits while continuing employment

14  with his or her Florida Retirement System employer. The

15  deferred monthly benefits shall accrue in the System Trust

16  Fund on behalf of the participant, plus interest compounded

17  monthly, for the specified period of the DROP participation,

18  as provided in paragraph (c). Upon termination of employment,

19  the participant shall receive the total DROP benefits and

20  begin to receive the previously determined normal retirement

21  benefits. Participation in the DROP does not guarantee

22  employment for the specified period of DROP.

23         (a)  Eligibility of member to participate in the

24  DROP.--All active Florida Retirement System members in a

25  regularly established position, and all active members of

26  either the Teachers' Retirement System established in chapter

27  238 or the State and County Officers' and Employees'

28  Retirement System established in chapter 122 which systems are

29  consolidated within the Florida Retirement System under s.

30  121.011, are eligible to elect participation in the DROP

31  provided that:

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    Florida Senate - 2003                                  SB 2258
    37-1174-03                                          See HB 991




 1         1.  The member is not a renewed member of the Florida

 2  Retirement System under s. 121.122, or a member of the State

 3  Community College System Optional Retirement Program under s.

 4  121.051, the Senior Management Service Optional Annuity

 5  Program under s. 121.055, or the optional retirement program

 6  for the State University System under s. 121.35.

 7         2.  Except as provided in subparagraph 6., election to

 8  participate is made within 12 months immediately following the

 9  date on which the member first reaches normal retirement date,

10  or, for a member who reaches normal retirement date based on

11  service before he or she reaches age 62, or age 55 for Special

12  Risk Class members, election to participate may be deferred to

13  the 12 months immediately following the date the member

14  attains 57, or age 52 for Special Risk Class members. For a

15  member who first reached normal retirement date or the

16  deferred eligibility date described above prior to the

17  effective date of this section, election to participate shall

18  be made within 12 months after the effective date of this

19  section. A member who fails to make an election within such

20  12-month limitation period shall forfeit all rights to

21  participate in the DROP. The member shall advise his or her

22  employer and the division in writing of the date on which the

23  DROP shall begin. Such beginning date may be subsequent to the

24  12-month election period, but must be within the 60-month or,

25  with respect to members who are registered nurses licensed

26  under part I of chapter 464 whose continuing employment in an

27  active status is deemed essential by their employer, the

28  96-month limitation period as provided in subparagraph (b)1.

29  When establishing eligibility of the member to participate in

30  the DROP for the 60-month or, with respect to members who are

31  registered nurses licensed under part I of chapter 464 whose

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    Florida Senate - 2003                                  SB 2258
    37-1174-03                                          See HB 991




 1  continuing employment in an active status is deemed essential

 2  by their employer, the 96-month maximum participation period,

 3  the member may elect to include or exclude any optional

 4  service credit purchased by the member from the total service

 5  used to establish the normal retirement date. A member with

 6  dual normal retirement dates shall be eligible to elect to

 7  participate in DROP within 12 months after attaining normal

 8  retirement date in either class.

 9         3.  The employer of a member electing to participate in

10  the DROP, or employers if dually employed, shall acknowledge

11  in writing to the division the date the member's participation

12  in the DROP begins and the date the member's employment and

13  DROP participation will terminate.

14         4.  Simultaneous employment of a participant by

15  additional Florida Retirement System employers subsequent to

16  the commencement of participation in the DROP shall be

17  permissible provided such employers acknowledge in writing a

18  DROP termination date no later than the participant's existing

19  termination date or the 60-month limitation period as provided

20  in subparagraph (b)1.

21         5.  A DROP participant may change employers while

22  participating in the DROP, subject to the following:

23         a.  A change of employment must take place without a

24  break in service so that the member receives salary for each

25  month of continuous DROP participation. If a member receives

26  no salary during a month, DROP participation shall cease

27  unless the employer verifies a continuation of the employment

28  relationship for such participant pursuant to s.

29  121.021(39)(b).

30  

31  

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    Florida Senate - 2003                                  SB 2258
    37-1174-03                                          See HB 991




 1         b.  Such participant and new employer shall notify the

 2  division on forms required by the division as to the identity

 3  of the new employer.

 4         c.  The new employer shall acknowledge, in writing, the

 5  participant's DROP termination date, which may be extended but

 6  not beyond the original 60-month or, with respect to members

 7  who are registered nurses licensed under part I of chapter 464

 8  whose continuing employment in an active status is deemed

 9  essential by their employer, the 96-month period provided in

10  subparagraph (b)1., shall acknowledge liability for any

11  additional retirement contributions and interest required if

12  the participant fails to timely terminate employment, and

13  shall be subject to the adjustment required in

14  sub-subparagraph (c)5.d.

15         6.  Effective July 1, 2001, for instructional personnel

16  as defined in s. 1012.01(2), election to participate in the

17  DROP shall be made at any time following the date on which the

18  member first reaches normal retirement date. The member shall

19  advise his or her employer and the division in writing of the

20  date on which the Deferred Retirement Option Program shall

21  begin. When establishing eligibility of the member to

22  participate in the DROP for the 60-month or, with respect to

23  members who are registered nurses licensed under part I of

24  chapter 464 whose continuing employment in an active status is

25  deemed essential by their employer, the 96-month maximum

26  participation period, as provided in subparagraph (b)1., the

27  member may elect to include or exclude any optional service

28  credit purchased by the member from the total service used to

29  establish the normal retirement date. A member with dual

30  normal retirement dates shall be eligible to elect to

31  participate in either class.

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    Florida Senate - 2003                                  SB 2258
    37-1174-03                                          See HB 991




 1         (b)  Participation in the DROP.--

 2         1.  An eligible member may elect to participate in the

 3  DROP for a period not to exceed a maximum of 60 calendar

 4  months or, with respect to members who are registered nurses

 5  licensed under part I of chapter 464 whose continuing

 6  employment in an active status is deemed essential by their

 7  employer, 96 calendar months immediately following the date on

 8  which the member first reaches his or her normal retirement

 9  date or the date to which he or she is eligible to defer his

10  or her election to participate as provided in subparagraph

11  (a)2. However, a member who has reached normal retirement date

12  prior to the effective date of the DROP shall be eligible to

13  participate in the DROP for a period of time not to exceed 60

14  calendar months or, with respect to members who are registered

15  nurses licensed under part I of chapter 464 whose continuing

16  employment in an active status is deemed essential by their

17  employer, 96 calendar months immediately following the

18  effective date of the DROP, except a member of the Special

19  Risk Class who has reached normal retirement date prior to the

20  effective date of the DROP and whose total accrued value

21  exceeds 75 percent of average final compensation as of his or

22  her effective date of retirement shall be eligible to

23  participate in the DROP for no more than 36 calendar months

24  immediately following the effective date of the DROP.

25         2.  Upon deciding to participate in the DROP, the

26  member shall submit, on forms required by the division:

27         a.  A written election to participate in the DROP;

28         b.  Selection of the DROP participation and termination

29  dates, which satisfy the limitations stated in paragraph (a)

30  and subparagraph 1. Such termination date shall be in a

31  binding letter of resignation with the employer, establishing

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    Florida Senate - 2003                                  SB 2258
    37-1174-03                                          See HB 991




 1  a deferred termination date. The member may change the

 2  termination date within the limitations of subparagraph 1.,

 3  but only with the written approval of his or her employer;

 4         c.  A properly completed DROP application for service

 5  retirement as provided in this section; and

 6         d.  Any other information required by the division.

 7         3.  The DROP participant shall be a retiree under the

 8  Florida Retirement System for all purposes, except for

 9  paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,

10  121.053, and 121.122. However, participation in the DROP does

11  not alter the participant's employment status and such

12  employee shall not be deemed retired from employment until his

13  or her deferred resignation is effective and termination

14  occurs as provided in s. 121.021(39).

15         4.  Elected officers shall be eligible to participate

16  in the DROP subject to the following:

17         a.  An elected officer who reaches normal retirement

18  date during a term of office may defer the election to

19  participate in the DROP until the next succeeding term in that

20  office. Such elected officer who exercises this option may

21  participate in the DROP for up to 60 calendar months or a

22  period of no longer than such succeeding term of office,

23  whichever is less.

24         b.  An elected or a nonelected participant may run for

25  a term of office while participating in DROP and, if elected,

26  extend the DROP termination date accordingly, except, however,

27  if such additional term of office exceeds the 60-month or,

28  with respect to members who are registered nurses licensed

29  under part I of chapter 464 whose continuing employment in an

30  active status is deemed essential by their employer, the

31  96-month limitation established in subparagraph 1., and the

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    Florida Senate - 2003                                  SB 2258
    37-1174-03                                          See HB 991




 1  officer does not resign from office within such 60-month

 2  limitation, the retirement and the participant's DROP shall be

 3  null and void as provided in sub-subparagraph (c)5.d.

 4         c.  An elected officer who is dually employed and

 5  elects to participate in DROP shall be required to satisfy the

 6  definition of termination within the 60-month limitation

 7  period as provided in subparagraph 1. for the nonelected

 8  position and may continue employment as an elected officer as

 9  provided in s. 121.053. The elected officer will be enrolled

10  as a renewed member in the Elected Officers' Class or the

11  Regular Class, as provided in ss. 121.053 and 121.22, on the

12  first day of the month after termination of employment in the

13  nonelected position and termination of DROP. Distribution of

14  the DROP benefits shall be made as provided in paragraph (c).

15         (c)  Benefits payable under the DROP.--

16         1.  Effective with the date of DROP participation, the

17  member's initial normal monthly benefit, including creditable

18  service, optional form of payment, and average final

19  compensation, and the effective date of retirement shall be

20  fixed. The beneficiary established under the Florida

21  Retirement System shall be the beneficiary eligible to receive

22  any DROP benefits payable if the DROP participant dies prior

23  to the completion of the period of DROP participation. In the

24  event a joint annuitant predeceases the member, the member may

25  name a beneficiary to receive accumulated DROP benefits

26  payable. Such retirement benefit, the annual cost of living

27  adjustments provided in s. 121.101, and interest shall accrue

28  monthly in the System Trust Fund. Such interest shall accrue

29  at an effective annual rate of 6.5 percent compounded monthly,

30  on the prior month's accumulated ending balance, up to the

31  month of termination or death.

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    Florida Senate - 2003                                  SB 2258
    37-1174-03                                          See HB 991




 1         2.  Each employee who elects to participate in the DROP

 2  shall be allowed to elect to receive a lump-sum payment for

 3  accrued annual leave earned in accordance with agency policy

 4  upon beginning participation in the DROP. Such accumulated

 5  leave payment certified to the division upon commencement of

 6  DROP shall be included in the calculation of the member's

 7  average final compensation. The employee electing such

 8  lump-sum payment upon beginning participation in DROP will not

 9  be eligible to receive a second lump-sum payment upon

10  termination, except to the extent the employee has earned

11  additional annual leave which combined with the original

12  payment does not exceed the maximum lump-sum payment allowed

13  by the employing agency's policy or rules. Such early lump-sum

14  payment shall be based on the hourly wage of the employee at

15  the time he or she begins participation in the DROP. If the

16  member elects to wait and receive such lump-sum payment upon

17  termination of DROP and termination of employment with the

18  employer, any accumulated leave payment made at that time

19  cannot be included in the member's retirement benefit, which

20  was determined and fixed by law when the employee elected to

21  participate in the DROP.

22         3.  The effective date of DROP participation and the

23  effective date of retirement of a DROP participant shall be

24  the first day of the month selected by the member to begin

25  participation in the DROP, provided such date is properly

26  established, with the written confirmation of the employer,

27  and the approval of the division, on forms required by the

28  division.

29         4.  Normal retirement benefits and interest thereon

30  shall continue to accrue in the DROP until the established

31  termination date of the DROP, or until the participant

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    Florida Senate - 2003                                  SB 2258
    37-1174-03                                          See HB 991




 1  terminates employment or dies prior to such date. Although

 2  individual DROP accounts shall not be established, a separate

 3  accounting of each participant's accrued benefits under the

 4  DROP shall be calculated and provided to participants.

 5         5.  At the conclusion of the participant's DROP, the

 6  division shall distribute the participant's total accumulated

 7  DROP benefits, subject to the following provisions:

 8         a.  The division shall receive verification by the

 9  participant's employer or employers that such participant has

10  terminated employment as provided in s. 121.021(39)(b).

11         b.  The terminated DROP participant or, if deceased,

12  such participant's named beneficiary, shall elect on forms

13  provided by the division to receive payment of the DROP

14  benefits in accordance with one of the options listed below.

15  For a participant or beneficiary who fails to elect a method

16  of payment within 60 days of termination of the DROP, the

17  division will pay a lump sum as provided in

18  sub-sub-subparagraph (I).

19         (I)  Lump sum.--All accrued DROP benefits, plus

20  interest, less withholding taxes remitted to the Internal

21  Revenue Service, shall be paid to the DROP participant or

22  surviving beneficiary.

23         (II)  Direct rollover.--All accrued DROP benefits, plus

24  interest, shall be paid from the DROP directly to the

25  custodian of an eligible retirement plan as defined in s.

26  402(c)(8)(B) of the Internal Revenue Code. However, in the

27  case of an eligible rollover distribution to the surviving

28  spouse of a deceased participant, an eligible retirement plan

29  is an individual retirement account or an individual

30  retirement annuity as described in s. 402(c)(9) of the

31  Internal Revenue Code.

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    Florida Senate - 2003                                  SB 2258
    37-1174-03                                          See HB 991




 1         (III)  Partial lump sum.--A portion of the accrued DROP

 2  benefits shall be paid to the DROP participant or surviving

 3  spouse, less withholding taxes remitted to the Internal

 4  Revenue Service, and the remaining DROP benefits shall be

 5  transferred directly to the custodian of an eligible

 6  retirement plan as defined in s. 402(c)(8)(B) of the Internal

 7  Revenue Code. However, in the case of an eligible rollover

 8  distribution to the surviving spouse of a deceased

 9  participant, an eligible retirement plan is an individual

10  retirement account or an individual retirement annuity as

11  described in s. 402(c)(9) of the Internal Revenue Code. The

12  proportions shall be specified by the DROP participant or

13  surviving beneficiary.

14         c.  The form of payment selected by the DROP

15  participant or surviving beneficiary complies with the minimum

16  distribution requirements of the Internal Revenue Code.

17         d.  A DROP participant who fails to terminate

18  employment as defined in s. 121.021(39)(b) shall be deemed not

19  to be retired, and the DROP election shall be null and void.

20  Florida Retirement System membership shall be reestablished

21  retroactively to the date of the commencement of the DROP, and

22  each employer with whom the participant continues employment

23  shall be required to pay to the System Trust Fund the

24  difference between the DROP contributions paid in paragraph

25  (i) and the contributions required for the applicable Florida

26  Retirement System class of membership during the period the

27  member participated in the DROP, plus 6.5 percent interest

28  compounded annually.

29         6.  The accrued benefits of any DROP participant, and

30  any contributions accumulated under such program, shall not be

31  subject to assignment, execution, attachment, or to any legal

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    Florida Senate - 2003                                  SB 2258
    37-1174-03                                          See HB 991




 1  process whatsoever, except for qualified domestic relations

 2  orders by a court of competent jurisdiction, income deduction

 3  orders as provided in s. 61.1301, and federal income tax

 4  levies.

 5         7.  DROP participants shall not be eligible for

 6  disability retirement benefits as provided in subsection (4).

 7         (d)  Death benefits under the DROP.--

 8         1.  Upon the death of a DROP participant, the named

 9  beneficiary shall be entitled to apply for and receive the

10  accrued benefits in the DROP as provided in sub-subparagraph

11  (c)5.b.

12         2.  The normal retirement benefit accrued to the DROP

13  during the month of a participant's death shall be the final

14  monthly benefit credited for such DROP participant.

15         3.  Eligibility to participate in the DROP terminates

16  upon death of the participant. If the participant dies on or

17  after the effective date of enrollment in the DROP, but prior

18  to the first monthly benefit being credited to the DROP,

19  Florida Retirement System benefits shall be paid in accordance

20  with subparagraph (7)(c)1. or subparagraph 2.

21         4.  A DROP participants' survivors shall not be

22  eligible to receive Florida Retirement System death benefits

23  as provided in paragraph (7)(d).

24         (e)  Cost-of-living adjustment.--On each July 1, the

25  participants' normal retirement benefit shall be increased as

26  provided in s. 121.101.

27         (f)  Retiree health insurance subsidy.--DROP

28  participants are not eligible to apply for the retiree health

29  insurance subsidy payments as provided in s. 112.363 until

30  such participants have terminated employment and participation

31  in the DROP.

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    Florida Senate - 2003                                  SB 2258
    37-1174-03                                          See HB 991




 1         (g)  Renewed membership.--DROP participants shall not

 2  be eligible for renewed membership in the Florida Retirement

 3  System under ss. 121.053 and 121.122 until termination of

 4  employment is effectuated as provided in s. 121.021(39)(b).

 5         (h)  Employment limitation after DROP

 6  participation.--Upon satisfying the definition of termination

 7  of employment as provided in s. 121.021(39)(b), DROP

 8  participants shall be subject to such reemployment limitations

 9  as other retirees. Reemployment restrictions applicable to

10  retirees as provided in subsection (9) shall not apply to DROP

11  participants until their employment and participation in the

12  DROP are terminated.

13         (i)  Contributions.--

14         1.  All employers paying the salary of a DROP

15  participant filling a regularly established position shall

16  contribute 8.0 percent of such participant's gross

17  compensation for the period of July 1, 2002, through June 30,

18  2003, and 11.56 percent of such compensation thereafter, which

19  shall constitute the entire employer DROP contribution with

20  respect to such participant. Such contributions, payable to

21  the System Trust Fund in the same manner as required in s.

22  121.071, shall be made as appropriate for each pay period and

23  are in addition to contributions required for social security

24  and the Retiree Health Insurance Subsidy Trust Fund. Such

25  employer, social security, and health insurance subsidy

26  contributions are not included in the DROP.

27         2.  The employer shall, in addition to subparagraph 1.,

28  also withhold one-half of the entire social security

29  contribution required for the participant. Contributions for

30  social security by each participant and each employer, in the

31  amount required for social security coverage as now or

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    Florida Senate - 2003                                  SB 2258
    37-1174-03                                          See HB 991




 1  hereafter provided by the federal Social Security Act, shall

 2  be in addition to contributions specified in subparagraph 1.

 3         3.  All employers paying the salary of a DROP

 4  participant filling a regularly established position shall

 5  contribute the percent of such participant's gross

 6  compensation required in s. 121.071(4), which shall constitute

 7  the employer's health insurance subsidy contribution with

 8  respect to such participant. Such contributions shall be

 9  deposited by the administrator in the Retiree Health Insurance

10  Subsidy Trust Fund.

11         (j)  Forfeiture of retirement benefits.--Nothing in

12  this section shall be construed to remove DROP participants

13  from the scope of s. 8(d), Art. II of the State Constitution,

14  s. 112.3173, and paragraph (5)(f). DROP participants who

15  commit a specified felony offense while employed will be

16  subject to forfeiture of all retirement benefits, including

17  DROP benefits, pursuant to those provisions of law.

18         (k)  Administration of program.--The division shall

19  make such rules as are necessary for the effective and

20  efficient administration of this subsection. The division

21  shall not be required to advise members of the federal tax

22  consequences of an election related to the DROP but may advise

23  members to seek independent advice.

24         Section 2.  The Legislature finds that a proper and

25  legitimate state purpose is served when employees and retirees

26  of the state and of its political subdivisions, and the

27  dependents, survivors, and beneficiaries of such employees and

28  retirees, are extended the basic protections afforded by

29  governmental retirement systems that provide fair and adequate

30  benefits and that are managed, administered, and funded in an

31  actuarially sound manner, as required by section 14, Article X

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    Florida Senate - 2003                                  SB 2258
    37-1174-03                                          See HB 991




 1  of the State Constitution and part VII of chapter 112, Florida

 2  Statutes. Therefore, the Legislature hereby determines and

 3  declares that the provisions of this act fulfill an important

 4  state interest.

 5         Section 3.  (1)  The sum of $1 million is appropriated

 6  from the General Revenue Fund to the Department of Health.

 7  Moneys in this appropriation shall be used by that department

 8  to make grants to local not-for-profit hospitals for nurse

 9  retention and out-of-state recruitment activities during the

10  2003-2004 fiscal year. These moneys are subject to a

11  one-for-one match from sources other than the government of

12  this state or one of its political subdivisions. Moneys not

13  matched by September 30, 2003, revert to the General Revenue

14  Fund.

15         (2)  The Department of Health shall accept requests for

16  grants under this act beginning July 1, 2003. The department

17  shall determine grant amounts beginning October 1, 2003, once

18  the amount of the appropriation in subsection (1) which has

19  been matched by additional moneys is determined and the

20  department can determine the amount of grant moneys available.

21         (3)  The department shall by rule adopt criteria for

22  grant awards. In addition to other criteria, the department

23  shall require that a hospital have experienced an average

24  vacancy rate among nursing positions during the preceding 12

25  months of 20 percent or more. If the amount available for

26  distribution is less than the aggregate amount of requests

27  that meet the department's criteria, the department shall make

28  grants pro rata.

29         Section 4.  Section 464.009, Florida Statutes, is

30  amended to read:

31         464.009  Licensure by endorsement.--

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    Florida Senate - 2003                                  SB 2258
    37-1174-03                                          See HB 991




 1         (1)(a)  The department shall issue the appropriate

 2  license by endorsement to practice professional or practical

 3  nursing to an applicant who, upon applying to the department

 4  and remitting a fee set by the board not to exceed $100,

 5  demonstrates to the board that he or she:

 6         1.(a)  Holds a valid license to practice professional

 7  or practical nursing in another state or territory of the

 8  United States, provided that, when the applicant secured his

 9  or her original license, the requirements for licensure were

10  substantially equivalent to or more stringent than those

11  existing in Florida at that time;

12         2.(b)  Meets the qualifications for licensure in s.

13  464.008 and has successfully completed a state, regional, or

14  national examination which is substantially equivalent to or

15  more stringent than the examination given by the department;

16  or

17         3.(c)  Has actively practiced nursing in another state,

18  jurisdiction, or territory of the United States for 2 of the

19  preceding 3 years without having his or her license acted

20  against by the licensing authority of any jurisdiction.

21  Applicants who become licensed pursuant to this subparagraph

22  paragraph must complete within 6 months after licensure a

23  Florida laws and rules course that is approved by the board.

24  Once the department has received the results of the national

25  criminal history check and has determined that the applicant

26  has no criminal history, the appropriate license by

27  endorsement shall be issued to the applicant. This

28  subparagraph paragraph is repealed July 1, 2004, unless

29  reenacted by the Legislature.

30         (b)(2)  Such examinations and requirements from other

31  states and territories of the United States shall be presumed

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    Florida Senate - 2003                                  SB 2258
    37-1174-03                                          See HB 991




 1  to be substantially equivalent to or more stringent than those

 2  in this state. Such presumption shall not arise until January

 3  1, 1980. However, the board may, by rule, specify states and

 4  territories the examinations and requirements of which shall

 5  not be presumed to be substantially equivalent to those of

 6  this state.

 7         (2)  In addition to the requirements of subsection (1),

 8  the applicant must:

 9         (a)  Have the ability to communicate in the English

10  language, which may be determined by an examination given by

11  the department.

12         (b)(3)  The applicant must Submit to the department a

13  set of fingerprints on a form and under procedures specified

14  by the department, along with a payment in an amount equal to

15  the costs incurred by the Department of Health for the

16  criminal background check of the applicant. The Department of

17  Health shall submit the fingerprints provided by the applicant

18  to the Florida Department of Law Enforcement for a statewide

19  criminal history check, and the Florida Department of Law

20  Enforcement shall forward the fingerprints to the Federal

21  Bureau of Investigation for a national criminal history check

22  of the applicant. The Department of Health shall review the

23  results of the criminal history check, issue a license to an

24  applicant who has met all of the other requirements for

25  licensure and has no criminal history, and shall refer all

26  applicants with criminal histories back to the board for

27  determination as to whether a license should be issued and

28  under what conditions.

29         (3)(4)  The department shall not issue a license by

30  endorsement to any applicant who is under investigation in

31  another state, jurisdiction, or territory of the United States

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    Florida Senate - 2003                                  SB 2258
    37-1174-03                                          See HB 991




 1  for an act which would constitute a violation of this part or

 2  chapter 456 until such time as the investigation is complete,

 3  at which time the provisions of s. 464.018 shall apply.

 4         (4)(5)  The department shall develop an electronic

 5  applicant notification process and provide electronic

 6  notification when the application has been received and when

 7  background screenings have been completed, and shall issue a

 8  license within 30 days after completion of all required data

 9  collection and verification. This 30-day period to issue a

10  license shall be tolled if the applicant must appear before

11  the board due to information provided on the application or

12  obtained through screening and data collection and

13  verification procedures.

14         Section 5.  Paragraph (a) of subsection (7) of section

15  1009.66, Florida Statutes, as amended by section 3 of chapter

16  2002-400, Laws of Florida, and section 71 of chapter 2002-402,

17  Laws of Florida, is amended to read:

18         1009.66  Nursing Student Loan Forgiveness Program.--

19         (7)(a)  Funds contained in the Nursing Student Loan

20  Forgiveness Trust Fund which are to be used for loan

21  forgiveness for those nurses employed by hospitals, birth

22  centers, and nursing homes must be matched on a

23  dollar-for-dollar basis by contributions from the employing

24  institutions, except that this provision shall not apply to

25  state-operated medical and health care facilities, public

26  schools, county health departments, federally sponsored

27  community health centers, teaching hospitals as defined in s.

28  408.07, family practice teaching hospitals as defined in s.

29  395.805, or specialty hospitals for children as used in s.

30  409.9119. An estimate of the annual trust fund dollars shall

31  be made at the beginning of the fiscal year based on historic

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    Florida Senate - 2003                                  SB 2258
    37-1174-03                                          See HB 991




 1  expenditures from the trust fund. Applicant requests shall be

 2  reviewed on a quarterly basis, and applicant awards shall be

 3  based on a first-come, first-served basis the following

 4  priority of employer until all such estimated trust funds are

 5  awarded: state-operated medical and health care facilities;

 6  public schools; county health departments; federally sponsored

 7  community health centers; teaching hospitals as defined in s.

 8  408.07; family practice teaching hospitals as defined in s.

 9  395.805; specialty hospitals for children as used in s.

10  409.9119; and other hospitals, birth centers, and nursing

11  homes.

12         Section 6.  This act shall take effect July 1, 2003.

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