Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 356
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Innovation, Industry, and Technology (Hutson)
       recommended the following:
    1         Senate Substitute for Amendment (732784) (with title
    2  amendment)
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 120.82, Florida Statutes, is created to
    7  read:
    8         120.82 Keep Our Graduates Working Act.—
    9         (1) SHORT TITLE.—This section may be cited as the “Keep Our
   10  Graduates Working Act of 2020.”
   11         (2) PURPOSE.—The purpose of this act is to ensure that
   12  Floridians who graduate from an accredited college or university
   13  can maintain their occupational licenses, as defined in
   14  subsection (3), and remain in the workforce while they attempt
   15  to pay off their student loan debt.
   16         (3) DEFINITIONS.—As used in this section, the term:
   17         (a) “Default” means the failure to repay a student loan
   18  according to the terms agreed to in the promissory note.
   19         (b) “Delinquency” means the failure to make a student loan
   20  payment when it is due.
   21         (c) “License” means any professional license, certificate,
   22  registration, or permit granted by the applicable state
   23  authority.
   24         (d) “State authority” means any department, board, or
   25  agency with the authority to grant a license to any person in
   26  this state.
   27         (e) “Student loan” means a federal-guaranteed or state
   28  guaranteed loan for the purposes of postsecondary education.
   29         (4) STUDENT LOAN DEFAULT; DELINQUENCY.—A state authority
   30  may not suspend or revoke a license that it has issued to a
   31  person who is in default on or delinquent in the payment of his
   32  or her student loans solely on the basis of such default or
   33  delinquency.
   34         Section 2. Paragraph (k) of subsection (1) of section
   35  456.072, Florida Statutes, is amended to read:
   36         456.072 Grounds for discipline; penalties; enforcement.—
   37         (1) The following acts shall constitute grounds for which
   38  the disciplinary actions specified in subsection (2) may be
   39  taken:
   40         (k) Failing to perform any statutory or legal obligation
   41  placed upon a licensee. For purposes of this section, failing to
   42  repay a student loan issued or guaranteed by the state or the
   43  Federal Government in accordance with the terms of the loan is
   44  not or failing to comply with service scholarship obligations
   45  shall be considered a failure to perform a statutory or legal
   46  obligation, and the minimum disciplinary action imposed shall be
   47  a suspension of the license until new payment terms are agreed
   48  upon or the scholarship obligation is resumed, followed by
   49  probation for the duration of the student loan or remaining
   50  scholarship obligation period, and a fine equal to 10 percent of
   51  the defaulted loan amount. Fines collected must shall be
   52  deposited into the Medical Quality Assurance Trust Fund.
   53         Section 3. Section 456.0721, Florida Statutes, is repealed.
   54         Section 4. Subsection (4) of section 456.074, Florida
   55  Statutes, is amended to read:
   56         456.074 Certain health care practitioners; immediate
   57  suspension of license.—
   58         (4) Upon receipt of information that a Florida-licensed
   59  health care practitioner has defaulted on a student loan issued
   60  or guaranteed by the state or the Federal Government, the
   61  department shall notify the licensee by certified mail that he
   62  or she shall be subject to immediate suspension of license
   63  unless, within 45 days after the date of mailing, the licensee
   64  provides proof that new payment terms have been agreed upon by
   65  all parties to the loan. The department shall issue an emergency
   66  order suspending the license of any licensee who, after 45 days
   67  following the date of mailing from the department, has failed to
   68  provide such proof. Production of such proof shall not prohibit
   69  the department from proceeding with disciplinary action against
   70  the licensee pursuant to s. 456.073.
   71         Section 5. Subsection (1) of s. 1009.95, Florida Statutes,
   72  is amended to read:
   73         1009.95 Delinquent accounts.—
   74         (1) The Department of Education is directed to exert every
   75  lawful and reasonable effort to collect all delinquent unpaid
   76  and uncanceled scholarship loan notes, student loan notes, and
   77  defaulted guaranteed loan notes; however, in all such efforts,
   78  the department shall comply with s. 120.82.
   79         Section 6. This act shall take effect July 1, 2020.
   81  ================= T I T L E  A M E N D M E N T ================
   82  And the title is amended as follows:
   83         Delete everything before the enacting clause
   84  and insert:
   85                        A bill to be entitled                      
   86         An act relating to the Keep Our Graduates Working Act;
   87         creating s. 120.82, F.S.; providing a short title;
   88         providing a purpose; defining terms; prohibiting a
   89         state authority from suspending or revoking a person’s
   90         professional license, certificate, registration, or
   91         permit solely on the basis of a delinquency or default
   92         in the payment of his or her student loan; amending s.
   93         456.072, F.S.; conforming provisions to changes made
   94         by the act; repealing s. 456.0721, F.S., relating to
   95         health care practitioners in default on student loan
   96         or scholarship obligations; amending ss. 456.074 and
   97         1009.95, F.S.; conforming provisions to changes made
   98         by the act; providing an effective date.