This amends the rule to incorporate pertinent information from Rules 6A-20.051, 6A-20.052, and 6A-20.053 into 6A-20.050 and repeal Rules 6A-20.051, 6A-20.052, and 6A-20.053. These changes clarify the requirements to participate in the Nursing ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NOS.:RULE TITLES:

6A-20.050Nursing Student Loan Forgiveness Program Application

6A-20.051Nursing Student Loan Forgiveness Program Renewal

6A-20.052Nursing Student Loan Forgiveness Program Payment

6A-20.053Match Site Facilities Payment Requirement

PURPOSE AND EFFECT: This amends the rule to incorporate pertinent information from Rules 6A-20.051, 6A-20.052, and 6A-20.053, F.A.C. into 6A-20.050, F.A.C. and repeal Rules 6A-20.051, 6A-20.052, and 6A-20.053, F.A.C. These changes clarify the requirements to participate in the Nursing Student Loan Forgiveness Program.

SUMMARY: This amendment aligns the rule with the governing statute, section 1009.66, Florida Statutes. The purpose of the Nursing Student Loan Forgiveness Program is to increase employment and retention of registered nurses and licensed practical nurses who are working in eligible health care facilities in Florida. In 2012, the Florida Legislature transferred administrative responsibility for the program to the Florida Department of Education from the Florida Department of Health. Rules 6A-20.051, 6A-20.052, and 6A-20.053, F.A.C. are being proposed for repeal. Much of the content in these rules has been superseded by implementation changes resulting from the transfer of the program to the Florida Department of Education.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: No requirement for SERC was triggered under section 120.541(1), F.S., and based on past experiences with rules that affect student financial assistance programs, there will be no impact on small businesses, and the adverse impact or regulatory cost, if any, does not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1009.66(9) FS.

LAW IMPLEMENTED: 1009.66(9) FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: December 4, 2015, 9:30 a.m.

PLACE: Conference call (The call in information will be posted on the Department’s website no later than 14 days prior to the meeting at http://www.fldoe.org/policy/state-board-of-edu/meetings/).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Marlene Norrell, Education Program Director, Finance and Operations/Office of Student Financial Assistance, 325 West Gaines St., Tallahassee, Florida, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-20.050 Nursing Student Loan Forgiveness Program Application.

(1) Initial Application. In accordance with the Nursing Student Loan Forgiveness Program Application Package, June 2002, in order Tto qualify apply for enrollment into the Nursing Student Loan Forgiveness Program, the applicants must be a certified nurse performing nursing duties full-time at an eligible facility cited in section 1009.66(1), Florida Statutes submit: a completed Initial Application, DH 1932, 06/02; a completed Employment Verification, DH 1935, 06/02; a completed Loan Principle Certification, DH 1936, 06/02; a photocopy of the applicant’s current nursing license; and a photocopy of the applicant’s nursing school diploma. The Nursing Student Loan Forgiveness Program Application Package and forms are incorporated by reference and available from the Department of Education, 325 West Gaines Street, Suite 1314, Tallahassee, Florida 32399-0400.

(2) For a nurse employed by more than one eligible facility, the determination of full-time status is based on the combination of all qualifying employment that exceeds an average of thirty-five (35) hours weekly.

(3) The applicant must submit a Nursing Student Loan Forgivness Program Application Package (DOS link) consisting of: a completed Nursing Student Loan Forgiveness Program (NSFLP) Initial Application, Form NSLF-1; a completed Nursing Student Loan Forgiveness Program (NSLFP) Employment Verification, Form NSLF-2; a completed Nursing Student Loan Forgiveness Program (NSLFP) Loan Principal Certification, Form NSLF-3; a photocopy of the applicant’s current nursing license; and a photocopy of the applicant’s nursing school diploma. The Nursing Student Loan Forgiveness Program Application Package is incorporated by reference and available from the Department of Education, 325 West Gaines Street, Suite 1314, Tallahassee, Florida 32399-0400 and http://www.floridastudentfinancialaid.org/FFELP/Nursing_Loan_Forgiveness/NursingLoanForgiveness.html.

(4)(2) The entire application package, including a photocopy of the applicant’s current nursing license and a photocopy of the applicant’s nursing school diploma, must be received by the deadline date for each quarterly enrollment. Deadline dates are: December 1 for January 1 enrollment; March 1 for April 1 enrollment; June 1 for July 1 enrollment; and September 1 for October 1 enrollment. Applications received after the deadline date will not be processed. Applicants who meet eligibility requirements in the future may reapply for participation in the program and prioritized, as specified in Section 1009.66, F.S., for the following quarters.

(5) Renewal Application. In order to continue in the Nursing Student Loan Forgiveness Program, program participants must renew annually. The Nursing Student Loan Forgiveness Program Renewal Packet (DOS link), consisting of the Nursing Student Loan Forgiveness Program Participant Renewal and Payment Form, Form NSLF-4, and Nursing Student Loan Forgiveness Program Renewal Loan Principal Certification (renewal), Form NSLF-5, are incorporated by reference and available from the Department of Education, 325 West Gaines Street, Suite 1314, Tallahassee, Florida 32399-0400 and http://www.floridastudentfinancialaid.org/FFELP/Nursing_Loan_Forgiveness/NursingLoanForgiveness.html.  The Participant Renewal and Payment Form, Form NSLF-4, and Loan Principal Certification, Form NSLF-5, will be mailed annually to program participants, by the Department, approximately thirty (30) days prior to the participant’s anniversary date of initial enrollment.

(6) The Participant Renewal and Payment Form, Form NSLF-4, and Loan Principal Certification, Form NSLF-5, must be received annually by the Department by the deadline date, which is based on the participant’s initial enrollment date. Deadline dates are: January 31, April 30, July 31 and October 31.

(7) Payment. The Department will provide for the delivery of funds directly to the program participant’s loan holder, on behalf of the program participant, by use of the Loan Principal Certification, Form NSLF-5, requesting the State Comptroller to issue warrants made payable to the program participant’s loan holder for any of the participant’s education loans that are not in default.

(8) Program participants must maintain the payment schedule agreed upon with their loan holder while enrolled in the program.

(9) Match Site Facilities Payment. Match site facilities are Florida licensed hospitals, birth centers and nursing homes cited in section 1009.66(7), Florida Statutes, that employ program participants. They must match funds awarded from the program on a dollar-for-dollar basis.

(10) Match site facilities must annually pay fifty percent of the amount to be forwarded to the program participant’s loan holder. The maximum amount a match site facility is required to pay is $2,000 per year, per program participant.

(11) The Department will notify the match site facility of the amount due, as the match portion of the annual payment, for each program participant employed at that facility, within thirty (30) days of the renewal application deadline.

(12) Matching funds payments must be received by the Department no later than thirty (30) days after notification by the Department.

(13) The Department will not authorize a payment to a program participant’s loan holder until the matching funds payment is received by the Department.

(14) Program participants whose eligible facility does not provide the matching funds payment will not have a payment forwarded to their loan holder and can not renew participation in the program, and the program participant’s agreement will be terminated. Terminated program participants who meet eligibility requirements in the future may reapply for participation in the program.

(15) Affected program participants will be notified by the Department of their program status.

Rulemaking Authority 1009.66 FS. Law Implemented 1009.66 FS. History–New 3-10-02, Amended 1-7-03, Formerly 64E-23.001,

 

6A-20.051 Renewal.

Rulemaking Authority 1009.66 FS. Law Implemented 1009.66 FS. History–New 3-10-02, Amended 1-7-03, Formerly 64E-23.002, Repealed.

 

6A-20.052 Payment.

Rulemaking Authority 1009.66 FS. Law Implemented 1009.66 FS. History–New 3-10-02, Amended 1-7-03, Formerly 64E-23.003, Repealed.

 

6A-20.053 Match Site Facilities Payment Requirement.

Rulemaking Authority 1009.66 FS. Law Implemented 1009.66 FS. History–New 3-10-02, Formerly 64E-23.004, Repealed.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Linda Champion, Deputy Commissioner, Finance and Operations

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 26, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 21, 2015