Bill Text: FL S0936 | 2014 | Regular Session | Enrolled
Bill Title: Florida Statutes
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-05-14 - Chapter No. 2014-18 [S0936 Detail]
Download: Florida-2014-S0936-Enrolled.html
ENROLLED
2014 Legislature SB 936
2014936er
1
2 An act relating to the Florida Statutes; amending ss.
3 458.347 and 481.213, F.S., and repealing ss. 163.3247,
4 215.18(2), 215.5601(5)(f), 216.292(3)(c),
5 282.709(3)(b), 288.1083, 288.9552, 379.209(4),
6 403.1651(1)(g), 409.9841, 420.5087(10), 430.2053(9)(e)
7 and (f), 430.701, 430.702, 430.703, 430.7031, 430.704,
8 430.705, 430.706, 430.707, 430.708, 430.709, 443.1117,
9 468.1155(3)(c), and 1010.87, F.S.; to delete
10 provisions which have become inoperative by noncurrent
11 repeal or expiration and, pursuant to s. 11.242(5)(b)
12 and (i), may be omitted from the 2014 Florida Statutes
13 only through a reviser’s bill duly enacted by the
14 Legislature; amending ss. 288.0001, 288.9625, 409.979,
15 and 430.04, F.S., to conform cross-references;
16 providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 163.3247, Florida Statutes, is repealed.
21 Reviser’s note.—The cited section, which relates to the Century
22 Commission for a Sustainable Florida, was repealed pursuant
23 to its own terms, effective June 30, 2013.
24 Section 2. Subsection (2) of section 215.18, Florida
25 Statutes, is repealed.
26 Reviser’s note.—The cited subsection, which relates to trust
27 fund loans to the Chief Justice of the Supreme Court for
28 purposes of funding the state court system sufficiently to
29 meet its appropriations in the 2012-2013 General
30 Appropriations Act, expired pursuant to its own terms,
31 effective July 1, 2013.
32 Section 3. Paragraph (f) of subsection (5) of section
33 215.5601, Florida Statutes, is repealed.
34 Reviser’s note.—The cited paragraph, which relates to the
35 transfer of $350 million from the Lawton Chiles Endowment
36 Fund to the General Revenue Fund during the 2012-2013
37 fiscal year, expired pursuant to its own terms, effective
38 June 30, 2013.
39 Section 4. Paragraph (c) of subsection (3) of section
40 216.292, Florida Statutes, is repealed.
41 Reviser’s note.—The cited paragraph, which relates to
42 authorization of transfer of appropriations for fixed
43 capital outlay from the Survey Recommended Needs-Public
44 Schools appropriation category to the Maintenance, Repair,
45 Renovation and Remodeling appropriation category, expired
46 pursuant to its own terms, effective July 1, 2013.
47 Section 5. Paragraph (b) of subsection (3) of section
48 282.709, Florida Statutes, is repealed.
49 Reviser’s note.—The cited paragraph, which relates to use of
50 funds from the State Agency Law Enforcement Radio System
51 Trust Fund for funding mutual aid buildout maintenance and
52 sustainment and an interoperability network, expired
53 pursuant to its own terms, effective July 1, 2013.
54 Section 6. Section 288.1083, Florida Statutes, is repealed.
55 Reviser’s note.—The cited section, which creates the
56 Manufacturing and Spaceport Investment Incentive Program,
57 was repealed pursuant to its own terms, effective July 1,
58 2013.
59 Section 7. Section 288.9552, Florida Statutes, is repealed.
60 Reviser’s note.—The cited section, which relates to the Florida
61 Research Commercialization Matching Grant Program, expired
62 pursuant to its own terms, effective July 1, 2013.
63 Section 8. Subsection (4) of section 379.209, Florida
64 Statutes, is repealed.
65 Reviser’s note.—The cited subsection, which authorizes the Fish
66 and Wildlife Conservation Commission to transfer cash
67 balances from the Nongame Wildlife Trust Fund to the Grants
68 and Donations Trust Fund for the purpose of supporting cash
69 flow needs, expired pursuant to its own terms, effective
70 July 1, 2013.
71 Section 9. Paragraph (g) of subsection (1) of section
72 403.1651, Florida Statutes, is repealed.
73 Reviser’s note.—The cited paragraph, which provides as a purpose
74 of the Ecosystem Management and Restoration Trust Fund
75 funding activities to preserve and repair the state’s
76 beaches as provided in ss. 161.091-161.212, expired
77 pursuant to its own terms, effective July 1, 2013.
78 Section 10. Section 409.9841, Florida Statutes, is
79 repealed.
80 Reviser’s note.—The cited section, which relates to the long
81 term care managed care technical advisory workgroup, was
82 repealed pursuant to its own terms, effective June 30,
83 2013.
84 Section 11. Subsection (10) of section 420.5087, Florida
85 Statutes, is repealed.
86 Reviser’s note.—Section 420.5087 creates the State Apartment
87 Incentive Loan Program; subsection (10), which provides for
88 funding to preserve existing projects having financing
89 guaranteed under the Florida Affordable Housing Guarantee
90 Program, expired pursuant to its own terms, effective June
91 30, 2013.
92 Section 12. Paragraphs (e) and (f) of subsection (9) of
93 section 430.2053, Florida Statutes, are repealed.
94 Reviser’s note.—The cited paragraphs, which include the aged and
95 disabled adult Medicaid waiver and assisted living for the
96 frail elderly Medicaid waiver among services to be
97 administered through the aging resource center, expired
98 pursuant to their own terms, effective October 1, 2013.
99 Section 13. Sections 430.701, 430.702, 430.703, 430.7031,
100 430.704, 430.705, 430.706, 430.707, 430.708, and 430.709,
101 Florida Statutes, are repealed.
102 Reviser’s note.—The cited sections, which relate to long-term
103 care community diversion pilot projects, were repealed by
104 s. 24, ch. 2011-135, Laws of Florida, effective October 1,
105 2013. Since the sections were not repealed by a “current
106 session” of the Legislature, they may be omitted from the
107 2014 Florida Statutes only through a reviser’s bill duly
108 enacted by the Legislature. See s. 11.242(5)(b) and (i).
109 Section 14. Section 443.1117, Florida Statutes, is
110 repealed.
111 Reviser’s note.—The cited section, which relates to temporary
112 extended benefits, was revived, readopted, and amended by
113 s. 90, ch. 2012-30, Laws of Florida, retroactive to January
114 4, 2012, and expiring effective January 5, 2013.
115 Section 15. Paragraph (b) of subsection (7) of section
116 458.347, Florida Statutes, is amended to read:
117 458.347 Physician assistants.—
118 (7) PHYSICIAN ASSISTANT LICENSURE.—
119 (b)1. Notwithstanding subparagraph (a)2. and sub
120 subparagraph (a)3.a., the department shall examine each
121 applicant who the Board of Medicine certifies:
122 a. Has completed the application form and remitted a
123 nonrefundable application fee not to exceed $500 and an
124 examination fee not to exceed $300, plus the actual cost to the
125 department to provide the examination. The examination fee is
126 refundable if the applicant is found to be ineligible to take
127 the examination. The department shall not require the applicant
128 to pass a separate practical component of the examination. For
129 examinations given after July 1, 1998, competencies measured
130 through practical examinations shall be incorporated into the
131 written examination through a multiple-choice format. The
132 department shall translate the examination into the native
133 language of any applicant who requests and agrees to pay all
134 costs of such translation, provided that the translation request
135 is filed with the board office no later than 9 months before the
136 scheduled examination and the applicant remits translation fees
137 as specified by the department no later than 6 months before the
138 scheduled examination, and provided that the applicant
139 demonstrates to the department the ability to communicate orally
140 in basic English. If the applicant is unable to pay translation
141 costs, the applicant may take the next available examination in
142 English if the applicant submits a request in writing by the
143 application deadline and if the applicant is otherwise eligible
144 under this section. To demonstrate the ability to communicate
145 orally in basic English, a passing score or grade is required,
146 as determined by the department or organization that developed
147 it, on the test for spoken English (TSE) by the Educational
148 Testing Service (ETS), the test of English as a foreign language
149 (TOEFL) by ETS, a high school or college level English course,
150 or the English examination for citizenship, Bureau of
151 Citizenship and Immigration Services. A notarized copy of an
152 Educational Commission for Foreign Medical Graduates (ECFMG)
153 certificate may also be used to demonstrate the ability to
154 communicate in basic English; and
155 b.(I) Is an unlicensed physician who graduated from a
156 foreign medical school listed with the World Health Organization
157 who has not previously taken and failed the examination of the
158 National Commission on Certification of Physician Assistants and
159 who has been certified by the Board of Medicine as having met
160 the requirements for licensure as a medical doctor by
161 examination as set forth in s. 458.311(1), (3), (4), and (5),
162 with the exception that the applicant is not required to have
163 completed an approved residency of at least 1 year and the
164 applicant is not required to have passed the licensing
165 examination specified under s. 458.311 or hold a valid, active
166 certificate issued by the Educational Commission for Foreign
167 Medical Graduates; was eligible and made initial application for
168 certification as a physician assistant in this state between
169 July 1, 1990, and June 30, 1991; and was a resident of this
170 state on July 1, 1990, or was licensed or certified in any state
171 in the United States as a physician assistant on July 1, 1990;
172 or
173 (II) Completed all coursework requirements of the Master of
174 Medical Science Physician Assistant Program offered through the
175 Florida College of Physician’s Assistants prior to its closure
176 in August of 1996. Prior to taking the examination, such
177 applicant must successfully complete any clinical rotations that
178 were not completed under such program prior to its termination
179 and any additional clinical rotations with an appropriate
180 physician assistant preceptor, not to exceed 6 months, that are
181 determined necessary by the council. The boards shall determine,
182 based on recommendations from the council, the facilities under
183 which such incomplete or additional clinical rotations may be
184 completed and shall also determine what constitutes successful
185 completion thereof, provided such requirements are comparable to
186 those established by accredited physician assistant programs.
187 This sub-sub-subparagraph is repealed July 1, 2001.
188 2. The department may grant temporary licensure to an
189 applicant who meets the requirements of subparagraph 1. Between
190 meetings of the council, the department may grant temporary
191 licensure to practice based on the completion of all temporary
192 licensure requirements. All such administratively issued
193 licenses shall be reviewed and acted on at the next regular
194 meeting of the council. A temporary license expires 30 days
195 after receipt and notice of scores to the licenseholder from the
196 first available examination specified in subparagraph 1.
197 following licensure by the department. An applicant who fails
198 the proficiency examination is no longer temporarily licensed,
199 but may apply for a one-time extension of temporary licensure
200 after reapplying for the next available examination. Extended
201 licensure shall expire upon failure of the licenseholder to sit
202 for the next available examination or upon receipt and notice of
203 scores to the licenseholder from such examination.
204 3. Notwithstanding any other provision of law, the
205 examination specified pursuant to subparagraph 1. shall be
206 administered by the department only five times. Applicants
207 certified by the board for examination shall receive at least 6
208 months’ notice of eligibility prior to the administration of the
209 initial examination. Subsequent examinations shall be
210 administered at 1-year intervals following the reporting of the
211 scores of the first and subsequent examinations. For the
212 purposes of this paragraph, the department may develop, contract
213 for the development of, purchase, or approve an examination that
214 adequately measures an applicant’s ability to practice with
215 reasonable skill and safety. The minimum passing score on the
216 examination shall be established by the department, with the
217 advice of the board. Those applicants failing to pass that
218 examination or any subsequent examination shall receive notice
219 of the administration of the next examination with the notice of
220 scores following such examination. Any applicant who passes the
221 examination and meets the requirements of this section shall be
222 licensed as a physician assistant with all rights defined
223 thereby.
224 Reviser’s note.—Amended to delete sub-sub-subparagraph
225 (7)(b)1.b.(II) which expired pursuant to its own terms,
226 effective July 1, 2001.
227 Section 16. Paragraph (c) of subsection (3) of section
228 468.1155, Florida Statutes, is repealed.
229 Reviser’s note.—The cited paragraph, which provides for issuance
230 of a provisional license to practice audiology to
231 applicants certified to have earned a master’s degree with
232 a major emphasis in audiology conferred before January 1,
233 2008, from an institution of higher learning accredited by
234 an accrediting agency recognized by the Council for Higher
235 Education Accreditation or its successor, the United States
236 Department of Education, or an institution that is a member
237 in good standing with the Association of Universities and
238 Colleges of Canada, expired pursuant to its own terms,
239 effective January 1, 2013.
240 Section 17. Paragraph (c) of subsection (3) of section
241 481.213, Florida Statutes, is amended to read:
242 481.213 Licensure.—
243 (3) The board shall certify as qualified for a license by
244 endorsement as an architect or as an interior designer an
245 applicant who:
246 (c) Has passed the prescribed licensure examination and
247 holds a valid certificate issued by the National Council of
248 Architectural Registration Boards, and holds a valid license to
249 practice architecture issued by another state or jurisdiction of
250 the United States. An applicant who has passed the prescribed
251 licensure examination and holds a valid license to practice
252 architecture issued by another state, but who does not hold a
253 certificate, may be licensed if he or she:
254 1. Holds a minimum 4-year degree;
255 2. Has maintained an architect license in good standing for
256 a minimum of 10 years;
257 3. Has been a continuous resident of this state for a
258 minimum of 10 years; and
259 4. Presents evidence of satisfactory completion of the
260 continuing education requirements for renewal of an architect
261 license for the biennium ending February 2013. This exception to
262 the requirement that an applicant hold a valid certificate
263 issued by the National Council of Architectural Registration
264 Boards expires March 1, 2013.
265 Reviser’s note.—Amended to delete language which expired
266 pursuant to its own terms, effective March 1, 2013.
267 Section 18. Section 1010.87, Florida Statutes, is repealed.
268 Reviser’s note.—The cited section, which creates the Workers’
269 Compensation Administration Trust Fund within the
270 Department of Education, was repealed by s. 1, ch. 2012
271 135, Laws of Florida, effective June 30, 2013. Since the
272 section was not repealed by a “current session” of the
273 Legislature, it may be omitted from the 2014 Florida
274 Statutes only through a reviser’s bill duly enacted by the
275 Legislature. See s. 11.242(5)(b) and (i).
276 Section 19. Paragraph (c) of subsection (2) of section
277 288.0001, Florida Statutes, is amended to read:
278 288.0001 Economic Development Programs Evaluation.—The
279 Office of Economic and Demographic Research and the Office of
280 Program Policy Analysis and Government Accountability (OPPAGA)
281 shall develop and present to the Governor, the President of the
282 Senate, the Speaker of the House of Representatives, and the
283 chairs of the legislative appropriations committees the Economic
284 Development Programs Evaluation.
285 (2) The Office of Economic and Demographic Research and
286 OPPAGA shall provide a detailed analysis of economic development
287 programs as provided in the following schedule:
288 (c) By January 1, 2016, and every 3 years thereafter, an
289 analysis of the following:
290 1. The qualified defense contractor and space flight
291 business tax refund program established under s. 288.1045.
292 2. The tax exemption for semiconductor, defense, or space
293 technology sales established under s. 212.08(5)(j).
294 3. The Military Base Protection Program established under
295 s. 288.980.
296 4. The Manufacturing and Spaceport Investment Incentive
297 Program formerly established under s. 288.1083.
298 5. The Quick Response Training Program established under s.
299 288.047.
300 6. The Incumbent Worker Training Program established under
301 s. 445.003.
302 7. International trade and business development programs
303 established or funded under s. 288.826.
304 Reviser’s note.—Amended to conform to the repeal of s. 288.1083
305 by this act.
306 Section 20. Paragraph (g) of subsection (8) of section
307 288.9625, Florida Statutes, is repealed.
308 Reviser’s note.—The cited paragraph is repealed to delete
309 administration of the Florida Research Commercialization
310 Matching Grant Program created in s. 288.9552 from the list
311 of duties of the Institute for the Commercialization of
312 Public Research to conform to the repeal of s. 288.9552 by
313 this act.
314 Section 21. Paragraph (e) of subsection (2) of section
315 409.979, Florida Statutes, is repealed.
316 Reviser’s note.—The cited paragraph, which provides for
317 eligibility by Medicaid recipients for long-term care
318 community-based diversion projects as described in s.
319 430.705, is repealed to conform to the repeal of s. 430.705
320 by this act.
321 Section 22. Paragraph (e) of subsection (15) of section
322 430.04, Florida Statutes, is repealed.
323 Reviser’s note.—The cited paragraph is repealed to delete
324 inclusion of the Long-Term Care Community-Based Diversion
325 Pilot Project as described in s. 430.705 from the list of
326 waivers and programs administered by the Department of
327 Elderly Affairs in subsection (15) to conform to the repeal
328 of s. 430.705 by this act.
329 Section 23. This act shall take effect on the 60th day
330 after adjournment sine die of the session of the Legislature in
331 which enacted.
