Florida 2022 2022 Regular Session

Florida House Bill H0559 Analysis / Analysis

Filed 01/14/2022

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0559a.RRS 
DATE: 1/14/2022 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: CS/HB 559    Occupational Licensure of Military Spouses 
SPONSOR(S): Regulatory Reform Subcommittee, Hunschofsky and others 
TIED BILLS:   IDEN./SIM. BILLS: SB 562 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Regulatory Reform Subcommittee 	17 Y, 0 N, As CS Thompson Anstead 
2) Professions & Public Health Subcommittee   
3) Appropriations Committee    
4) Commerce Committee    
SUMMARY ANALYSIS 
To help military families ease their transition into Florida, many licensing agencies in Florida have a special 
licensing process for spouses and surviving spouses of United States military members.  
 
The Department of Health (DOH) offers expedited licensure to applicants who are a spouse or surviving 
spouse of a person serving on active duty with the U.S. Armed Forces. DOH provides these services through 
the Florida Veterans Application for Licensure Online Response system. Such spouses are authorized to 
receive a temporary license to practice certain health care professions in Florida. In addition, the application 
fee, licensure fee, and unlicensed activity fee are waived for such applicants.  
 
The bill requires DOH or the applicable board or program to: 
 Expedite applications submitted by a spouse of an active duty member of the U.S. Armed Forces; and 
 Issue a temporary professional license valid for the duration of the application review process. 
 
The bill revises the DOH temporary professional licensure requirements for military spouses who hold a license 
to practice in another state as follows: 
 Requires the immediate issuance of a full professional license, instead of a temporary license, to such 
applicants that submit certain information with their application. 
 Requires DOH to waive the $65 application fee for such licenses. 
 Removes the 12-month timeframe for such licenses. 
 Specifies that such applicants are still required to follow license renewal requirements. 
 
The bill appears to have an insignificant fiscal impact on state government and no fiscal impact on local 
governments.  
 
The bill provides an effective date of July 1, 2022. 
 
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FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Background 
 
Licensure of Health Care Practitioners 
 
The Division of Medical Quality Assurance (MQA), within the Department of Health (DOH), has general 
regulatory authority over health care practitioners in Florida.
1
 The MQA works in conjunction with 22 
boards and four councils to license and regulate ten types of health care facilities and more than 200 
licenses in over 40 health care professions.
2
 Each profession is regulated by an individual practice act 
and by ch. 456, F.S., which provides general regulatory and licensure authority for the MQA. 
 
Military Spouse Licensure 
 
Florida offers expedited licensing and fee waivers to the spouse of a person serving on active duty
3
 
with the U.S. Armed Forces
4
 who holds an active license to practice a health care profession in another 
state or jurisdiction.
5
 To qualify for the expedited licensure and fee waivers, the spouse must:
6
   
 Submit a complete application;  
 Submit evidence of training or experience substantially equivalent to the requirements for 
licensure in this state for that health care profession and evidence that he or she has obtained a 
passing score on the appropriate examination of a national or regional standards organization if 
required for licensure in this state; 
 Attest that he or she is not, at the time of submission of the application, the subject of a 
disciplinary proceeding in a jurisdiction in which he or she holds a license or by the U.S. 
Department of Defense for reasons related to the practice of the profession for which he or she 
is applying; 
 Have actively practiced the profession for which he or she is applying for the 3 years preceding 
the date of submitting the application; and  
 Submit a set of fingerprints for a background screening, if required for the profession for which 
he or she is applying, and does not have any disqualifying offenses. 
 
DOH is required to develop an application form,
7
 and each board, or the department if there is no 
board, is required to waive the application fee, licensure fee, and unlicensed activity fee for such 
applicants.
8
 
 
Military Spouse Temporary Licensure 
 
Each board, or the department if there is no board, is also authorized to issue temporary licenses to the 
spouse of a member of the U.S. Armed Forces to practice his or her health care profession in Florida.
9
 
                                                
1
 Pursuant to s. 456.001(4), F.S., health care practitioners are defined to include acupuncturists, physicians, physician assistants, 
chiropractors, podiatrists, naturopaths, dentists, dental hygienists, optometrists, nurses, nursing assistants, pharmacists, midwives, 
speech language pathologists, nursing home administrators, occupational therapists, respiratory therapists, dieticians, athletic trainers, 
orthotists, prosthetists, electrologists, massage therapists, clinical laboratory personnel, medical physicists, dispensers of optical 
devices or hearing aids, physical therapists, psychologists, social workers, counselors, and psychotherapists, among others.  
2
 Florida Department of Health, Division of Medical Quality Assurance, Annual Report and Long-Range Plan, Fiscal Year 2020-
2021, http://www.floridahealth.gov/licensing-and-regulation/reports-and-publications/_documents/annual-report-1617.pdf (last visited 
Jan. 3, 2022). 
3
 Full-time duty in the active military service of the United States. 10 U.S.C. § 101(d)(1). 
4
 Includes the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. 10 U.S.C. § 101(a)(4). 
5 
S. 456.024(3), F.S. The application fee, licensure fee, and unlicensed activity fee is waived for such applicants. 
6
 S. 456.024(3)(b), F.S. 
7
 R. 64B-9.003, F.A.C. 
8
 S. 456.024(3)(a), F.S. 
9
 S. 456.024(4), F.S.  STORAGE NAME: h0559a.RRS 	PAGE: 3 
DATE: 1/14/2022 
  
A temporary license is valid for one year and is not renewable.
10
 To be eligible for a temporary license, 
a military spouse must:
11
  
 Submit a completed application and application fee of $65;
12
  
 Provide proof that he or she is married to a member of the U.S. Armed Forces serving on active 
duty in this state pursuant to official military orders; 
 Provide proof of a valid license from another state or jurisdiction to practice the health 
profession for which he or she is applying and that such license is not subject to any disciplinary 
proceeding; 
 Provide proof that he or she would otherwise be entitled to full licensure and is eligible to take 
the respective licensure examination as required in this state; and 
 Pass a criminal background screening. 
 
DOH offers the Florida Veterans Application for Licensure Online Response System (VALOR), which 
provides expedited licensing for honorably discharged veterans and their spouses seeking licensure in 
all health care professions.
13
 Veterans and spouses who apply through the VALOR process receive a 
waiver of most licensing fees.
14
 
 
Since its inception in 2016, there have been approximately 1,669 health care licensure applications 
submitted by and approved for active duty service members, military veterans, and their spouses 
through the VALOR expedited licensing process. There were 352 applications approved for health care 
licensure of military spouses and honorably discharged veterans from July 1, 2020 through June 30, 
2021, approximately 1.38% of all licenses issued by the Department during the last fiscal year.
15
 
 
Effect of Proposed Changes 
 
The bill revises the DOH temporary license requirements for spouses of active duty members of the 
U.S. Armed Forces as follows: 
 Requires the issuance of a full professional license, instead of allowing the issuance of a 
temporary license, to such applicants who fulfill the proper submission requirements. 
 Requires DOH to waive the $65 application fee for such licensure. 
 Removes the 12-month timeframe for such licensure. 
 Requires such applicants to complete conditions for renewal required of all other licenseholders, 
including, without limitation, continuing education requirements. 
 Requires the board, or the department if there is no board, to: 
o Expedite all applications submitted by a spouse of an active duty member of the U.S. 
Armed Forces; and 
o Issue a temporary professional license that is valid for the duration of the application 
review process to such spouse once the board or department verifies that the 
information provided by the spouse is accurate. 
 
B. SECTION DIRECTORY: 
 
Section 1: amends s. 456.024, F.S., requiring DOH or the applicable board to issue a professional 
license to spouses of active duty members of the U.S. Armed Forces if certain 
requirements are met; requiring DOH to waive the application fee for such license 
applications; authorizing applicants issued such licenses to renew their licenses if certain 
requirements are met; providing construction; requiring DOH or the applicable board to 
expedite applications for such licenses; requiring DOH or the applicable board to issue a 
                                                
10
 S. 456.024(4)(f), F.S. 
11
 S. 456.024(4)(a)-(d), F.S. 
12
 R. 64B-4.007, F.A.C. 
13
 DOH operates the Veterans Application for Licensure Online Response System (VALOR) to provide expedited licensing for active 
duty military members, honorably discharged veterans, and spouses of active duty military members with an active license in another 
state. See http://www.flhealthsource.gov/valor (last visited Jan. 4, 2021). 
14
 Florida Department of Health, Agency Analysis of 2022 HB 559, p. 2 (12/14/2021). 
15
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temporary professional license under certain circumstances; conforming provisions to 
changes made by the act. 
 
Section 2: provides an effective date of July 1, 2022. 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
Insignificant. According to DOH:
16
 
 
The Division of Medical Quality Assurance will experience a recurring loss of revenue due to the 
provisions of this bill. From July 1, 2020 through June 30, 2021, 352 applications were approved 
for health care licensure of military spouses, this includes approximately 1.38% of all licenses 
issued by the Department during the last fiscal year. It is anticipated that the bill will have an 
insignificant impact on the Division of Medical Quality Assurance trust fund related to the 
reduction in licensing fees.  
 
2. Expenditures: 
None. According to DOH:
17
 
 
The Division of Medical Quality Assurance will experience a non-recurring increase in workload 
and costs associated with updating the Licensing and Enforcement Information Database 
System, Online Service Portal, Cognitive Virtual Agent, and armed services website to reflect 
changes to the licensing fees and requirements for a spouse of an active duty member of the 
Armed Forces of the United States. Current resources and budget authority are adequate to 
absorb. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
The bill removes the $65 DOH licensure fee for a spouse of a member of the U.S. Armed Forces who is 
on active duty.
18
  
 
D. FISCAL COMMENTS: 
The bill will have an indeterminate, negative fiscal impact on DOH. The bill will reduce licensing 
revenues to DOH but the exact amount is indeterminate. The bill will also create a cost to DOH to 
implement the provisions requiring expedited processing of licensure applications. The fiscal impacts to 
the state will depend on the number of people who take advantage of these provisions, although the 
agency has provided preliminary fiscal analysis indicating indeterminate yet insignificant impacts. 
 
                                                
16
 Florida Department of Health, Agency Analysis of 2022 HB 559, p. 4 (12/14/2021). 
17
 Florida Department of Health, Agency Analysis of 2022 HB 559, p. 5 (12/14/2021). 
18
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DATE: 1/14/2022 
  
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
Not applicable. This bill does not appear to affect county or municipal governments. 
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
The bill removes the requirement for military spouse applicants for licensure by DOH to submit the 
required application fee. To implement, DOH provides that it “would be required to update the Military 
Spouse Temporary License application and associated rule to make nomenclature updates and 
remove the $65 temporary licensure fee.”
19
 Current law appears to provide sufficient rulemaking 
authority.  
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
Other Comments 
 
According to DOH: 
 
To implement, the Military Spouse Temporary License application… would be transitioned from 
a temporary license application to a full licensure application. It is the practice of DOH to 
expedite licensure for military spouses, as such, this component of the bill would not impact 
current operations.
20
  
 
The bill is unclear regarding incomplete applications and situations where supplemental 
documentation (e.g. transcripts, criminal history, prior license verification) is not yet received by 
the Department. It is the Department's practice to prioritize the processing of veterans and their 
spouses, and if the completed application and all supplemental information is received by the 
department, applications are processed in one day or less. As a result, the issuance of a 
temporary license would only occur if the applicant's application is deemed incomplete.  
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
 
On January 12, 2021, the Regulatory Reform Subcommittee adopted one amendment and reported the 
bill favorably as a committee substitute. The committee substitute removed provisions related to the 
Department of Business and Professional Regulation from the bill.   
 
 
                                                
19
 Florida Department of Health, Agency Analysis of 2022 HB 559, p. 3 (12/14/2021). 
20
 Id.