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Senate Bill 0238

Florida Senate - 1998 SB 238 By the Committee on Regulated Industries 315-322B-98 1 A bill to be entitled 2 An act relating to the regulation of 3 professions and occupations; amending s. 11.62, 4 F.S.; providing criteria for evaluating 5 proposals for new regulations based on the 6 effect of such regulations on job creation or 7 retention; amending ss. 455.201 and 455.517, 8 F.S.; providing criteria for evaluating 9 proposals to increase the regulation of 10 currently regulated professions based on the 11 effect of such regulations on job creation or 12 retention; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsections (3) and (4) of section 11.62, 17 Florida Statutes, are amended to read: 18 11.62 Legislative review of proposed regulation of 19 unregulated functions.-- 20 (3) In determining whether to regulate a profession or 21 occupation, the Legislature shall consider the following 22 factors: 23 (a) Whether the unregulated practice of the profession 24 or occupation will substantially harm or endanger the public 25 health, safety, or welfare, and whether the potential for harm 26 is recognizable and not remote; 27 (b) Whether the practice of the profession or 28 occupation requires specialized skill or training, and whether 29 that skill or training is readily measurable or quantifiable 30 so that examination or training requirements would reasonably 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 238 315-322B-98 1 assure initial and continuing professional or occupational 2 ability; 3 (c) Whether the regulation will have an unreasonable 4 effect on job creation or job retention in the state or will 5 place unreasonable restrictions on the ability of individuals 6 who seek to practice or who are practicing a given profession 7 or occupation to find employment; 8 (d)(c) Whether the public is or can be effectively 9 protected by other means; and 10 (e)(d) Whether the overall cost-effectiveness and 11 economic impact of the proposed regulation, including the 12 indirect costs to consumers, will be favorable. 13 (4) The proponents of legislation that provides for 14 the regulation of a profession or occupation not already 15 expressly subject to state regulation shall provide, upon 16 request, the following information in writing to the state 17 agency that is proposed to have jurisdiction over the 18 regulation and to the legislative committees to which the 19 legislation is referred: 20 (a) The number of individuals or businesses that would 21 be subject to the regulation; 22 (b) The name of each association that represents 23 members of the profession or occupation, together with a copy 24 of its codes of ethics or conduct; 25 (c) Documentation of the nature and extent of the harm 26 to the public caused by the unregulated practice of the 27 profession or occupation, including a description of any 28 complaints that have been lodged against persons who have 29 practiced the profession or occupation in this state during 30 the preceding 3 years; 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 238 315-322B-98 1 (d) A list of states that regulate the profession or 2 occupation, and the dates of enactment of each law providing 3 for such regulation and a copy of each law; 4 (e) A list and description of state and federal laws 5 that have been enacted to protect the public with respect to 6 the profession or occupation and a statement of the reasons 7 why these laws have not proven adequate to protect the public; 8 (f) A description of the voluntary efforts made by 9 members of the profession or occupation to protect the public 10 and a statement of the reasons why these efforts are not 11 adequate to protect the public; 12 (g) A copy of any federal legislation mandating 13 regulation; 14 (h) An explanation of the reasons why other types of 15 less restrictive regulation would not effectively protect the 16 public; 17 (i) The cost, availability, and appropriateness of 18 training and examination requirements; 19 (j)(i) The cost of regulation, including the indirect 20 cost to consumers, and the method proposed to finance the 21 regulation; 22 (k) The cost imposed on applicants or practitioners or 23 on employers of applicants or practitioners as a result of the 24 regulation; 25 (l)(j) The details of any previous efforts in this 26 state to implement regulation of the profession or occupation; 27 and 28 (m)(k) Any other information the agency or the 29 committee considers relevant to the analysis of the proposed 30 legislation. 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 238 315-322B-98 1 Section 2. Subsection (4) of section 455.201, Florida 2 Statutes, is amended to read: 3 455.201 Professions and occupations regulated by 4 department; legislative intent; requirements.-- 5 (4)(a) Neither the department nor any board may No 6 board, nor the department, shall create unreasonably 7 restrictive and extraordinary standards that deter qualified 8 persons from entering the various professions. Neither the 9 department nor any board may No board, nor the department, 10 shall take any action that which tends to create or maintain 11 an economic condition that unreasonably restricts competition, 12 except as specifically provided by law. 13 (b) Neither the department nor any board may create a 14 regulation that has an unreasonable effect on job creation or 15 job retention in the state or that places unreasonable 16 restrictions on the ability of individuals who seek to 17 practice or who are practicing a given profession or 18 occupation to find employment. 19 (c) The Legislature shall evaluate proposals to 20 increase regulation of already regulated professions or 21 occupations to determine their effect on job creation or 22 retention and employment opportunities. 23 Section 3. Subsection (4) of section 455.517, Florida 24 Statutes, is amended to read: 25 455.517 Professions and occupations regulated by 26 department; legislative intent; requirements.-- 27 (4)(a) Neither the department nor any board may No 28 board, nor the department, shall create unreasonably 29 restrictive and extraordinary standards that deter qualified 30 persons from entering the various professions. Neither the 31 department nor any board may No board, nor the department, 4 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 238 315-322B-98 1 shall take any action that which tends to create or maintain 2 an economic condition that unreasonably restricts competition, 3 except as specifically provided by law. 4 (b) Neither the department nor any board may create a 5 regulation that has an unreasonable effect on job creation or 6 job retention in the state or that places unreasonable 7 restrictions on the ability of individuals who seek to 8 practice or who are practicing a profession or occupation to 9 find employment. 10 (c) The Legislature shall evaluate proposals to 11 increase the regulation of regulated professions or 12 occupations to determine the effect of increased regulation on 13 job creation or retention and employment opportunities. 14 Section 4. This act shall take effect October 1, 1998. 15 16 ***************************************** 17 SENATE SUMMARY 18 Provides criteria to evaluate proposals for the regulation of professions or occupations based on the 19 effect of such regulations on job creation or retention. 20 21 22 23 24 25 26 27 28 29 30 31 5