CODING: Words stricken are deletions; words underlined are additions.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.
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14 Be It Enacted by the Legislature of the State of Florida:
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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
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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;
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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.
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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,
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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.
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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.
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