Florida 2022 2022 Regular Session

Florida House Bill H0559 Introduced / Bill

Filed 11/09/2021

                       
 
HB 559  	2022 
 
 
 
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A bill to be entitled 1 
An act relating to occupational licensure of military 2 
spouses; amending s. 455.02, F.S.; requiring the 3 
Department of Business and Professional Regulation or 4 
the applicable board or program to expedite 5 
professional license applications submitted by spouses 6 
of active duty members of the Armed Forces of the 7 
United States; requiring the department to issue 8 
temporary professional licenses under certain 9 
circumstances; amending s. 456.024, F.S.; requiring 10 
the Department of Health or the applicable board to 11 
issue a professional license to spouses of active duty 12 
members of the Armed Forces of the United States if 13 
certain requirements are met; requiring the department 14 
to waive the application fee for such license 15 
applications; authorizing applicants issued such 16 
licenses to renew their licenses if certain 17 
requirements are met; providing construction; 18 
requiring the department or applicable board to 19 
expedite applications for suc h licenses; requiring the 20 
department or applicable board to issue a temporary 21 
professional license under certain circumstances; 22 
conforming provisions to changes made by the act; 23 
providing an effective date. 24 
 25     
 
HB 559  	2022 
 
 
 
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Be It Enacted by the Legislature of the Stat e of Florida: 26 
 27 
 Section 1.  Paragraph (d) is added to subsection (3) of 28 
section 455.02, Florida Statutes, and paragraph (a) of that 29 
subsection is republished, to read: 30 
 455.02  Licensure of members of the Armed Forces in good 31 
standing and their spouses o r surviving spouses with 32 
administrative boards or programs. — 33 
 (3)(a)  The department shall issue a professional license 34 
to an applicant who is or was an active duty member of the Armed 35 
Forces of the United States, or who is a spouse or surviving 36 
spouse of such member, upon application to the department in a 37 
format prescribed by the department. An application must include 38 
proof that: 39 
 1.  The applicant is or was an active duty member of the 40 
Armed Forces of the United States or is married to a member of 41 
the Armed Forces of the United States and was married to the 42 
member during any period of active duty or was married to such a 43 
member who at the time of the member's death was serving on 44 
active duty. An applicant who was an active duty member of the 45 
Armed Forces of the United States must have received an 46 
honorable discharge upon separation or discharge from the Armed 47 
Forces of the United States. 48 
 2.  The applicant holds a valid license for the profession 49 
issued by another state, the District of Columbia, any 50     
 
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possession or territory of the United States, or any foreign 51 
jurisdiction. 52 
 3.  The applicant, where required by the specific practice 53 
act, has complied with insurance or bonding requirements. 54 
 4.a.  A complete set of the applicant's fingerprints is 55 
submitted to the Department of Law Enforcement for a statewide 56 
criminal history check. 57 
 b.  The Department of Law Enforcement shall forward the 58 
fingerprints submitted pursuant to sub -subparagraph a. to the 59 
Federal Bureau of Investigation for a national criminal hist ory 60 
check. The department shall, and the board may, review the 61 
results of the criminal history checks according to the level 2 62 
screening standards in s. 435.04 and determine whether the 63 
applicant meets the licensure requirements. The costs of 64 
fingerprint processing shall be borne by the applicant. If the 65 
applicant's fingerprints are submitted through an authorized 66 
agency or vendor, the agency or vendor shall collect the 67 
required processing fees and remit the fees to the Department of 68 
Law Enforcement. 69 
 (d)  The department or the applicable board or program 70 
shall: 71 
 1.  Expedite all applications submitted by a spouse of an 72 
active duty member of the Armed Forces of the United States 73 
pursuant to this subsection; and 74 
 2.  Issue a temporary professional license val id for the 75     
 
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duration of the application review process to such spouse once 76 
the department, board, or program verifies the information 77 
provided by the spouse pursuant to subparagraphs (a)1., 2., and 78 
3. is accurate. 79 
 Section 2.  Paragraphs (a), (c), (e), (f ), (g), (h), and 80 
(i) of subsection (4) of section 456.024, Florida Statutes, are 81 
amended, and paragraph (j) is added to that subsection, to read: 82 
 456.024 Members of Armed Forces in good standing with 83 
administrative boards or the department; spouses; licensure. — 84 
 (4)(a)  The board, or the department if there is no board, 85 
shall may issue a temporary professional license to the spouse 86 
of an active duty membe r of the Armed Forces of the United 87 
States who submits to the department: 88 
 1.  A completed application upon a form prepared and 89 
furnished by the department in accordance with the board's 90 
rules; 91 
 2.  The required application fee; 92 
 3. Proof that the applica nt is married to a member of the 93 
Armed Forces of the United States who is on active duty; 94 
 3.4. Proof that the applicant holds a valid license for 95 
the profession issued by another state, the District of 96 
Columbia, or a possession or territory of the United States, and 97 
is not the subject of any disciplinary proceeding in any 98 
jurisdiction in which the applicant holds a license to practice 99 
a profession regulated by this chapter; 100     
 
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 4.5. Proof that the applicant's spouse is assigned to a 101 
duty station in this sta te pursuant to the member's official 102 
active duty military orders; and 103 
 5.6. Proof that the applicant would otherwise be entitled 104 
to full licensure under the appropriate practice act, and is 105 
eligible to take the respective licensure examination as 106 
required in Florida. 107 
 (c)  Each board, or the department if there is no board, 108 
shall review the results of the state and federal criminal 109 
history checks according to the level 2 screening standards in 110 
s. 435.04 when granting an exemption and when granting or 111 
denying the temporary license. 112 
 (e)  The department shall waive the applicant's licensure 113 
set an application fee, which may not exceed the cost of issuing 114 
the license. 115 
 (f)  An applicant issued a license under this subsection 116 
may renew such license upon complet ion of the conditions for 117 
renewal required of licenseholders under the applicable practice 118 
act, including, without limitation, continuing education 119 
requirements. This paragraph does not limit waiver of initial 120 
licensure requirements under this subsection A temporary license 121 
expires 12 months after the date of issuance and is not 122 
renewable. 123 
 (g)  An applicant for a temporary license under this 124 
subsection is subject to the requirements under s. 456.013(3)(a) 125     
 
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and (c). 126 
 (h)  An applicant shall be deemed ineligi ble for a 127 
temporary license pursuant to this section if the applicant: 128 
 1.  Has been convicted of or pled nolo contendere to, 129 
regardless of adjudication, any felony or misdemeanor related to 130 
the practice of a health care profession; 131 
 2.  Has had a health c are provider license revoked or 132 
suspended from another of the United States, the District of 133 
Columbia, or a United States territory; 134 
 3.  Has been reported to the National Practitioner Data 135 
Bank, unless the applicant has successfully appealed to have his 136 
or her name removed from the data bank; or 137 
 4.  Has previously failed the Florida examination required 138 
to receive a license to practice the profession for which the 139 
applicant is seeking a license. 140 
 (i)  The board, or the department if there is no board, may 141 
revoke a temporary license upon finding that the individual 142 
violated the profession's governing practice act. 143 
 (j)  The board, or the department if there is no board, 144 
shall: 145 
 1.  Expedite all applications submitted by a spouse of an 146 
active duty member of the Armed Forces of the United States 147 
pursuant to this section; and 148 
 2.  Issue a temporary professional license valid for the 149 
duration of the application review process to such spouse once 150     
 
HB 559  	2022 
 
 
 
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the board or department verifies the information provided by the 151 
spouse pursuant to paragraph (a) is accurate. 152 
 Section 3.  This act shall take effect July 1, 2022. 153