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