HB 0991 2003
   
1 A bill to be entitled
2          An act relating to nurses; amending s. 121.091, F.S.;
3    increasing the period of time which members of the Florida
4    Retirement System who are employed as registered nurses
5    may participate in the DROP; providing a statement of
6    proper and legitimate state purpose; providing an
7    appropriation to the Department of Health; requiring
8    private match of appropriated funds; providing for grants
9    to hospitals for nurse recruitment and retention;
10    providing for rules; providing eligibility criteria;
11    amending s. 464.009, F.S.; requiring applicants for
12    nursing licensure by endorsement to demonstrate the
13    ability to communicate in the English language; amending
14    s. 1009.66, F.S.; providing that applicant awards under
15    the Nursing Student Loan Forgiveness Program shall be on a
16    first-come, first-served basis; providing an effective
17    date.
18         
19          Be It Enacted by the Legislature of the State of Florida:
20         
21          Section 1. Subsection (13) of section 121.091, Florida
22    Statutes, is amended to read:
23          121.091 Benefits payable under the system.--Benefits may
24    not be paid under this section unless the member has terminated
25    employment as provided in s. 121.021(39)(a) or begun
26    participation in the Deferred Retirement Option Program as
27    provided in subsection (13), and a proper application has been
28    filed in the manner prescribed by the department. The department
29    may cancel an application for retirement benefits when the
30    member or beneficiary fails to timely provide the information
31    and documents required by this chapter and the department's
32    rules. The department shall adopt rules establishing procedures
33    for application for retirement benefits and for the cancellation
34    of such application when the required information or documents
35    are not received.
36          (13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, and
37    subject to the provisions of this section, the Deferred
38    Retirement Option Program, hereinafter referred to as the DROP,
39    is a program under which an eligible member of the Florida
40    Retirement System may elect to participate, deferring receipt of
41    retirement benefits while continuing employment with his or her
42    Florida Retirement System employer. The deferred monthly
43    benefits shall accrue in the System Trust Fund on behalf of the
44    participant, plus interest compounded monthly, for the specified
45    period of the DROP participation, as provided in paragraph (c).
46    Upon termination of employment, the participant shall receive
47    the total DROP benefits and begin to receive the previously
48    determined normal retirement benefits. Participation in the DROP
49    does not guarantee employment for the specified period of DROP.
50          (a) Eligibility of member to participate in the DROP.--All
51    active Florida Retirement System members in a regularly
52    established position, and all active members of either the
53    Teachers' Retirement System established in chapter 238 or the
54    State and County Officers' and Employees' Retirement System
55    established in chapter 122 which systems are consolidated within
56    the Florida Retirement System under s. 121.011, are eligible to
57    elect participation in the DROP provided that:
58          1. The member is not a renewed member of the Florida
59    Retirement System under s. 121.122, or a member of the State
60    Community College System Optional Retirement Program under s.
61    121.051, the Senior Management Service Optional Annuity Program
62    under s. 121.055, or the optional retirement program for the
63    State University System under s. 121.35.
64          2. Except as provided in subparagraph 6., election to
65    participate is made within 12 months immediately following the
66    date on which the member first reaches normal retirement date,
67    or, for a member who reaches normal retirement date based on
68    service before he or she reaches age 62, or age 55 for Special
69    Risk Class members, election to participate may be deferred to
70    the 12 months immediately following the date the member attains
71    57, or age 52 for Special Risk Class members. For a member who
72    first reached normal retirement date or the deferred eligibility
73    date described above prior to the effective date of this
74    section, election to participate shall be made within 12 months
75    after the effective date of this section. A member who fails to
76    make an election within such 12-month limitation period shall
77    forfeit all rights to participate in the DROP. The member shall
78    advise his or her employer and the division in writing of the
79    date on which the DROP shall begin. Such beginning date may be
80    subsequent to the 12-month election period, but must be within
81    the 60-month or, with respect to members who are registered
82    nurses licensed under part I of chapter 464 whose continuing
83    employment in an active status is deemed essential by their
84    employer, the 96-monthlimitation period as provided in
85    subparagraph (b)1. When establishing eligibility of the member
86    to participate in the DROP for the 60-month or, with respect to
87    members who are registered nurses licensed under part I of
88    chapter 464 whose continuing employment in an active status is
89    deemed essential by their employer, the 96-monthmaximum
90    participation period, the member may elect to include or exclude
91    any optional service credit purchased by the member from the
92    total service used to establish the normal retirement date. A
93    member with dual normal retirement dates shall be eligible to
94    elect to participate in DROP within 12 months after attaining
95    normal retirement date in either class.
96          3. The employer of a member electing to participate in the
97    DROP, or employers if dually employed, shall acknowledge in
98    writing to the division the date the member's participation in
99    the DROP begins and the date the member's employment and DROP
100    participation will terminate.
101          4. Simultaneous employment of a participant by additional
102    Florida Retirement System employers subsequent to the
103    commencement of participation in the DROP shall be permissible
104    provided such employers acknowledge in writing a DROP
105    termination date no later than the participant's existing
106    termination date or the 60-monthlimitation period as provided
107    in subparagraph (b)1.
108          5. A DROP participant may change employers while
109    participating in the DROP, subject to the following:
110          a. A change of employment must take place without a break
111    in service so that the member receives salary for each month of
112    continuous DROP participation. If a member receives no salary
113    during a month, DROP participation shall cease unless the
114    employer verifies a continuation of the employment relationship
115    for such participant pursuant to s. 121.021(39)(b).
116          b. Such participant and new employer shall notify the
117    division on forms required by the division as to the identity of
118    the new employer.
119          c. The new employer shall acknowledge, in writing, the
120    participant's DROP termination date, which may be extended but
121    not beyond the original 60-month or, with respect to members who
122    are registered nurses licensed under part I of chapter 464 whose
123    continuing employment in an active status is deemed essential by
124    their employer, the 96-monthperiod provided in subparagraph
125    (b)1., shall acknowledge liability for any additional retirement
126    contributions and interest required if the participant fails to
127    timely terminate employment, and shall be subject to the
128    adjustment required in sub-subparagraph (c)5.d.
129          6. Effective July 1, 2001, for instructional personnel as
130    defined in s. 1012.01(2), election to participate in the DROP
131    shall be made at any time following the date on which the member
132    first reaches normal retirement date. The member shall advise
133    his or her employer and the division in writing of the date on
134    which the Deferred Retirement Option Program shall begin. When
135    establishing eligibility of the member to participate in the
136    DROP for the 60-month or, with respect to members who are
137    registered nurses licensed under part I of chapter 464 whose
138    continuing employment in an active status is deemed essential by
139    their employer, the 96-monthmaximum participation period, as
140    provided in subparagraph (b)1., the member may elect to include
141    or exclude any optional service credit purchased by the member
142    from the total service used to establish the normal retirement
143    date. A member with dual normal retirement dates shall be
144    eligible to elect to participate in either class.
145          (b) Participation in the DROP.--
146          1. An eligible member may elect to participate in the DROP
147    for a period not to exceed a maximum of 60 calendar months or,
148    with respect to members who are registered nurses licensed under
149    part I of chapter 464 whose continuing employment in an active
150    status is deemed essential by their employer, 96 calendar months
151    immediately following the date on which the member first reaches
152    his or her normal retirement date or the date to which he or she
153    is eligible to defer his or her election to participate as
154    provided in subparagraph (a)2. However, a member who has reached
155    normal retirement date prior to the effective date of the DROP
156    shall be eligible to participate in the DROP for a period of
157    time not to exceed 60 calendar months or, with respect to
158    members who are registered nurses licensed under part I of
159    chapter 464 whose continuing employment in an active status is
160    deemed essential by their employer, 96 calendar months
161    immediately following the effective date of the DROP, except a
162    member of the Special Risk Class who has reached normal
163    retirement date prior to the effective date of the DROP and
164    whose total accrued value exceeds 75 percent of average final
165    compensation as of his or her effective date of retirement shall
166    be eligible to participate in the DROP for no more than 36
167    calendar months immediately following the effective date of the
168    DROP.
169          2. Upon deciding to participate in the DROP, the member
170    shall submit, on forms required by the division:
171          a. A written election to participate in the DROP;
172          b. Selection of the DROP participation and termination
173    dates, which satisfy the limitations stated in paragraph (a) and
174    subparagraph 1. Such termination date shall be in a binding
175    letter of resignation with the employer, establishing a deferred
176    termination date. The member may change the termination date
177    within the limitations of subparagraph 1., but only with the
178    written approval of his or her employer;
179          c. A properly completed DROP application for service
180    retirement as provided in this section; and
181          d. Any other information required by the division.
182          3. The DROP participant shall be a retiree under the
183    Florida Retirement System for all purposes, except for paragraph
184    (5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053,
185    and 121.122. However, participation in the DROP does not alter
186    the participant's employment status and such employee shall not
187    be deemed retired from employment until his or her deferred
188    resignation is effective and termination occurs as provided in
189    s. 121.021(39).
190          4. Elected officers shall be eligible to participate in
191    the DROP subject to the following:
192          a. An elected officer who reaches normal retirement date
193    during a term of office may defer the election to participate in
194    the DROP until the next succeeding term in that office. Such
195    elected officer who exercises this option may participate in the
196    DROP for up to 60 calendar months or a period of no longer than
197    such succeeding term of office, whichever is less.
198          b. An elected or a nonelected participant may run for a
199    term of office while participating in DROP and, if elected,
200    extend the DROP termination date accordingly, except, however,
201    if such additional term of office exceeds the 60-month or, with
202    respect to members who are registered nurses licensed under part
203    I of chapter 464 whose continuing employment in an active status
204    is deemed essential by their employer, the 96-monthlimitation
205    established in subparagraph 1., and the officer does not resign
206    from office within such 60-monthlimitation, the retirement and
207    the participant's DROP shall be null and void as provided in
208    sub-subparagraph (c)5.d.
209          c. An elected officer who is dually employed and elects to
210    participate in DROP shall be required to satisfy the definition
211    of termination within the 60-monthlimitation period as provided
212    in subparagraph 1. for the nonelected position and may continue
213    employment as an elected officer as provided in s. 121.053. The
214    elected officer will be enrolled as a renewed member in the
215    Elected Officers' Class or the Regular Class, as provided in ss.
216    121.053 and 121.22, on the first day of the month after
217    termination of employment in the nonelected position and
218    termination of DROP. Distribution of the DROP benefits shall be
219    made as provided in paragraph (c).
220          (c) Benefits payable under the DROP.--
221          1. Effective with the date of DROP participation, the
222    member's initial normal monthly benefit, including creditable
223    service, optional form of payment, and average final
224    compensation, and the effective date of retirement shall be
225    fixed. The beneficiary established under the Florida Retirement
226    System shall be the beneficiary eligible to receive any DROP
227    benefits payable if the DROP participant dies prior to the
228    completion of the period of DROP participation. In the event a
229    joint annuitant predeceases the member, the member may name a
230    beneficiary to receive accumulated DROP benefits payable. Such
231    retirement benefit, the annual cost of living adjustments
232    provided in s. 121.101, and interest shall accrue monthly in the
233    System Trust Fund. Such interest shall accrue at an effective
234    annual rate of 6.5 percent compounded monthly, on the prior
235    month's accumulated ending balance, up to the month of
236    termination or death.
237          2. Each employee who elects to participate in the DROP
238    shall be allowed to elect to receive a lump-sum payment for
239    accrued annual leave earned in accordance with agency policy
240    upon beginning participation in the DROP. Such accumulated leave
241    payment certified to the division upon commencement of DROP
242    shall be included in the calculation of the member's average
243    final compensation. The employee electing such lump-sum payment
244    upon beginning participation in DROP will not be eligible to
245    receive a second lump-sum payment upon termination, except to
246    the extent the employee has earned additional annual leave which
247    combined with the original payment does not exceed the maximum
248    lump-sum payment allowed by the employing agency's policy or
249    rules. Such early lump-sum payment shall be based on the hourly
250    wage of the employee at the time he or she begins participation
251    in the DROP. If the member elects to wait and receive such lump-
252    sum payment upon termination of DROP and termination of
253    employment with the employer, any accumulated leave payment made
254    at that time cannot be included in the member's retirement
255    benefit, which was determined and fixed by law when the employee
256    elected to participate in the DROP.
257          3. The effective date of DROP participation and the
258    effective date of retirement of a DROP participant shall be the
259    first day of the month selected by the member to begin
260    participation in the DROP, provided such date is properly
261    established, with the written confirmation of the employer, and
262    the approval of the division, on forms required by the division.
263          4. Normal retirement benefits and interest thereon shall
264    continue to accrue in the DROP until the established termination
265    date of the DROP, or until the participant terminates employment
266    or dies prior to such date. Although individual DROP accounts
267    shall not be established, a separate accounting of each
268    participant's accrued benefits under the DROP shall be
269    calculated and provided to participants.
270          5. At the conclusion of the participant's DROP, the
271    division shall distribute the participant's total accumulated
272    DROP benefits, subject to the following provisions:
273          a. The division shall receive verification by the
274    participant's employer or employers that such participant has
275    terminated employment as provided in s. 121.021(39)(b).
276          b. The terminated DROP participant or, if deceased, such
277    participant's named beneficiary, shall elect on forms provided
278    by the division to receive payment of the DROP benefits in
279    accordance with one of the options listed below. For a
280    participant or beneficiary who fails to elect a method of
281    payment within 60 days of termination of the DROP, the division
282    will pay a lump sum as provided in sub-sub-subparagraph (I).
283          (I) Lump sum.--All accrued DROP benefits, plus interest,
284    less withholding taxes remitted to the Internal Revenue Service,
285    shall be paid to the DROP participant or surviving beneficiary.
286          (II) Direct rollover.--All accrued DROP benefits, plus
287    interest, shall be paid from the DROP directly to the custodian
288    of an eligible retirement plan as defined in s. 402(c)(8)(B) of
289    the Internal Revenue Code. However, in the case of an eligible
290    rollover distribution to the surviving spouse of a deceased
291    participant, an eligible retirement plan is an individual
292    retirement account or an individual retirement annuity as
293    described in s. 402(c)(9) of the Internal Revenue Code.
294          (III) Partial lump sum.--A portion of the accrued DROP
295    benefits shall be paid to the DROP participant or surviving
296    spouse, less withholding taxes remitted to the Internal Revenue
297    Service, and the remaining DROP benefits shall be transferred
298    directly to the custodian of an eligible retirement plan as
299    defined in s. 402(c)(8)(B) of the Internal Revenue Code.
300    However, in the case of an eligible rollover distribution to the
301    surviving spouse of a deceased participant, an eligible
302    retirement plan is an individual retirement account or an
303    individual retirement annuity as described in s. 402(c)(9) of
304    the Internal Revenue Code. The proportions shall be specified by
305    the DROP participant or surviving beneficiary.
306          c. The form of payment selected by the DROP participant or
307    surviving beneficiary complies with the minimum distribution
308    requirements of the Internal Revenue Code.
309          d. A DROP participant who fails to terminate employment as
310    defined in s. 121.021(39)(b) shall be deemed not to be retired,
311    and the DROP election shall be null and void. Florida Retirement
312    System membership shall be reestablished retroactively to the
313    date of the commencement of the DROP, and each employer with
314    whom the participant continues employment shall be required to
315    pay to the System Trust Fund the difference between the DROP
316    contributions paid in paragraph (i) and the contributions
317    required for the applicable Florida Retirement System class of
318    membership during the period the member participated in the
319    DROP, plus 6.5 percent interest compounded annually.
320          6. The accrued benefits of any DROP participant, and any
321    contributions accumulated under such program, shall not be
322    subject to assignment, execution, attachment, or to any legal
323    process whatsoever, except for qualified domestic relations
324    orders by a court of competent jurisdiction, income deduction
325    orders as provided in s. 61.1301, and federal income tax levies.
326          7. DROP participants shall not be eligible for disability
327    retirement benefits as provided in subsection (4).
328          (d) Death benefits under the DROP.--
329          1. Upon the death of a DROP participant, the named
330    beneficiary shall be entitled to apply for and receive the
331    accrued benefits in the DROP as provided in sub-subparagraph
332    (c)5.b.
333          2. The normal retirement benefit accrued to the DROP
334    during the month of a participant's death shall be the final
335    monthly benefit credited for such DROP participant.
336          3. Eligibility to participate in the DROP terminates upon
337    death of the participant. If the participant dies on or after
338    the effective date of enrollment in the DROP, but prior to the
339    first monthly benefit being credited to the DROP, Florida
340    Retirement System benefits shall be paid in accordance with
341    subparagraph (7)(c)1. or subparagraph 2.
342          4. A DROP participants' survivors shall not be eligible to
343    receive Florida Retirement System death benefits as provided in
344    paragraph (7)(d).
345          (e) Cost-of-living adjustment.--On each July 1, the
346    participants' normal retirement benefit shall be increased as
347    provided in s. 121.101.
348          (f) Retiree health insurance subsidy.--DROP participants
349    are not eligible to apply for the retiree health insurance
350    subsidy payments as provided in s. 112.363 until such
351    participants have terminated employment and participation in the
352    DROP.
353          (g) Renewed membership.--DROP participants shall not be
354    eligible for renewed membership in the Florida Retirement System
355    under ss. 121.053 and 121.122 until termination of employment is
356    effectuated as provided in s. 121.021(39)(b).
357          (h) Employment limitation after DROP participation.--Upon
358    satisfying the definition of termination of employment as
359    provided in s. 121.021(39)(b), DROP participants shall be
360    subject to such reemployment limitations as other retirees.
361    Reemployment restrictions applicable to retirees as provided in
362    subsection (9) shall not apply to DROP participants until their
363    employment and participation in the DROP are terminated.
364          (i) Contributions.--
365          1. All employers paying the salary of a DROP participant
366    filling a regularly established position shall contribute 8.0
367    percent of such participant's gross compensation for the period
368    of July 1, 2002, through June 30, 2003, and 11.56 percent of
369    such compensation thereafter, which shall constitute the entire
370    employer DROP contribution with respect to such participant.
371    Such contributions, payable to the System Trust Fund in the same
372    manner as required in s. 121.071, shall be made as appropriate
373    for each pay period and are in addition to contributions
374    required for social security and the Retiree Health Insurance
375    Subsidy Trust Fund. Such employer, social security, and health
376    insurance subsidy contributions are not included in the DROP.
377          2. The employer shall, in addition to subparagraph 1.,
378    also withhold one-half of the entire social security
379    contribution required for the participant. Contributions for
380    social security by each participant and each employer, in the
381    amount required for social security coverage as now or hereafter
382    provided by the federal Social Security Act, shall be in
383    addition to contributions specified in subparagraph 1.
384          3. All employers paying the salary of a DROP participant
385    filling a regularly established position shall contribute the
386    percent of such participant's gross compensation required in s.
387    121.071(4), which shall constitute the employer's health
388    insurance subsidy contribution with respect to such participant.
389    Such contributions shall be deposited by the administrator in
390    the Retiree Health Insurance Subsidy Trust Fund.
391          (j) Forfeiture of retirement benefits.--Nothing in this
392    section shall be construed to remove DROP participants from the
393    scope of s. 8(d), Art. II of the State Constitution, s.
394    112.3173, and paragraph (5)(f). DROP participants who commit a
395    specified felony offense while employed will be subject to
396    forfeiture of all retirement benefits, including DROP benefits,
397    pursuant to those provisions of law.
398          (k) Administration of program.--The division shall make
399    such rules as are necessary for the effective and efficient
400    administration of this subsection. The division shall not be
401    required to advise members of the federal tax consequences of an
402    election related to the DROP but may advise members to seek
403    independent advice.
404          Section 2. The Legislature finds that a proper and
405    legitimate state purpose is served when employees and retirees
406    of the state and of its political subdivisions, and the
407    dependents, survivors, and beneficiaries of such employees and
408    retirees, are extended the basic protections afforded by
409    governmental retirement systems that provide fair and adequate
410    benefits and that are managed, administered, and funded in an
411    actuarially sound manner, as required by s. 14, Art. X of the
412    State Constitution and part VII of chapter 112, Florida
413    Statutes. Therefore, the Legislature hereby determines and
414    declares that the provisions of this act fulfill an important
415    state interest.
416          Section 3. (1) The sum of $1 million is appropriated from
417    the General Revenue Fund to the Department of Health. Moneys in
418    this appropriation shall be used by that department to make
419    grants to local not-for-profit hospitals for nurse retention and
420    out-of-state recruitment activities during the 2003-2004 fiscal
421    year. These moneys are subject to a one-for-one match from
422    sources other than the government of this state or one of its
423    political subdivisions. Moneys not matched by September 30,
424    2003, revert to the General Revenue Fund.
425          (2) The Department of Health shall accept requests for
426    grants under this act beginning July 1, 2003. The department
427    shall determine grant amounts beginning October 1, 2003, once
428    the amount of the appropriation in subsection (1) which has been
429    matched by additional moneys is determined and the department
430    can determine the amount of grant moneys available.
431          (3) The department shall by rule adopt criteria for grant
432    awards. In addition to other criteria, the department shall
433    require that a hospital have experienced an average vacancy rate
434    among nursing positions during the preceding 12 months of 20
435    percent or more. If the amount available for distribution is
436    less than the aggregate amount of requests that meet the
437    department's criteria, the department shall make grants pro
438    rata.
439          Section 4. Section 464.009, Florida Statutes, is amended
440    to read:
441          464.009 Licensure by endorsement.--
442          (1)(a)The department shall issue the appropriate license
443    by endorsement to practice professional or practical nursing to
444    an applicant who, upon applying to the department and remitting
445    a fee set by the board not to exceed $100, demonstrates to the
446    board that he or she:
447          1.(a)Holds a valid license to practice professional or
448    practical nursing in another state or territory of the United
449    States, provided that, when the applicant secured his or her
450    original license, the requirements for licensure were
451    substantially equivalent to or more stringent than those
452    existing in Florida at that time;
453          2.(b)Meets the qualifications for licensure in s. 464.008
454    and has successfully completed a state, regional, or national
455    examination which is substantially equivalent to or more
456    stringent than the examination given by the department; or
457          3.(c)Has actively practiced nursing in another state,
458    jurisdiction, or territory of the United States for 2 of the
459    preceding 3 years without having his or her license acted
460    against by the licensing authority of any jurisdiction.
461    Applicants who become licensed pursuant to this subparagraph
462    paragraphmust complete within 6 months after licensure a
463    Florida laws and rules course that is approved by the board.
464    Once the department has received the results of the national
465    criminal history check and has determined that the applicant has
466    no criminal history, the appropriate license by endorsement
467    shall be issued to the applicant. This subparagraphparagraphis
468    repealed July 1, 2004, unless reenacted by the Legislature.
469          (b)(2)Such examinations and requirements from other
470    states and territories of the United States shall be presumed to
471    be substantially equivalent to or more stringent than those in
472    this state. Such presumption shall not arise until January 1,
473    1980. However, the board may, by rule, specify states and
474    territories the examinations and requirements of which shall not
475    be presumed to be substantially equivalent to those of this
476    state.
477          (2) In addition to the requirements of subsection (1), the
478    applicant must:
479          (a) Have the ability to communicate in the English
480    language, which may be determined by an examination given by the
481    department.
482          (b)(3)The applicant mustSubmit to the department a set
483    of fingerprints on a form and under procedures specified by the
484    department, along with a payment in an amount equal to the costs
485    incurred by the Department of Health for the criminal background
486    check of the applicant. The Department of Health shall submit
487    the fingerprints provided by the applicant to the Florida
488    Department of Law Enforcement for a statewide criminal history
489    check, and the Florida Department of Law Enforcement shall
490    forward the fingerprints to the Federal Bureau of Investigation
491    for a national criminal history check of the applicant. The
492    Department of Health shall review the results of the criminal
493    history check, issue a license to an applicant who has met all
494    of the other requirements for licensure and has no criminal
495    history, and shall refer all applicants with criminal histories
496    back to the board for determination as to whether a license
497    should be issued and under what conditions.
498          (3)(4)The department shall not issue a license by
499    endorsement to any applicant who is under investigation in
500    another state, jurisdiction, or territory of the United States
501    for an act which would constitute a violation of this part or
502    chapter 456 until such time as the investigation is complete, at
503    which time the provisions of s. 464.018 shall apply.
504          (4)(5)The department shall develop an electronic
505    applicant notification process and provide electronic
506    notification when the application has been received and when
507    background screenings have been completed, and shall issue a
508    license within 30 days after completion of all required data
509    collection and verification. This 30-day period to issue a
510    license shall be tolled if the applicant must appear before the
511    board due to information provided on the application or obtained
512    through screening and data collection and verification
513    procedures.
514          Section 5. Paragraph (a) of subsection (7) of section
515    1009.66, Florida Statutes, as amended by section 3 of chapter
516    2002-400, Laws of Florida, and section 71 of chapter 2002-402,
517    Laws of Florida, is amended to read:
518          1009.66 Nursing Student Loan Forgiveness Program.--
519          (7)(a) Funds contained in the Nursing Student Loan
520    Forgiveness Trust Fund which are to be used for loan forgiveness
521    for those nurses employed by hospitals, birth centers, and
522    nursing homes must be matched on a dollar-for-dollar basis by
523    contributions from the employing institutions, except that this
524    provision shall not apply to state-operated medical and health
525    care facilities, public schools, county health departments,
526    federally sponsored community health centers, teaching hospitals
527    as defined in s. 408.07, family practice teaching hospitals as
528    defined in s. 395.805, or specialty hospitals for children as
529    used in s. 409.9119. An estimate of the annual trust fund
530    dollars shall be made at the beginning of the fiscal year based
531    on historic expenditures from the trust fund. Applicant requests
532    shall be reviewed on a quarterly basis, and applicant awards
533    shall be based on a first-come, first-served basisthe following
534    priority of employeruntil all such estimated trust funds are
535    awarded: state-operated medical and health care facilities;
536    public schools; county health departments; federally sponsored
537    community health centers; teaching hospitals as defined in s.
538    408.07; family practice teaching hospitals as defined in s.
539    395.805; specialty hospitals for children as used in s.
540    409.9119; and other hospitals, birth centers, and nursing homes.
541          Section 6. This act shall take effect July 1, 2003.