Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 356
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
12/09/2019 .
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The Committee on Innovation, Industry, and Technology (Hutson)
recommended the following:
1 Senate Substitute for Amendment (732784) (with title
2 amendment)
3
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.
80
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.