CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Kirkpatrick moved the following amendment to amendment

12  (553475):

13

14         Senate Amendment (with title amendment) 

15         On page 168, between lines 26 and 27,

16

17  insert:

18         Section 71.  Subsections (3) and (4) of section 11.62,

19  Florida Statutes, are amended to read:

20         11.62  Legislative review of proposed regulation of

21  unregulated functions.--

22         (3)  In determining whether to regulate a profession or

23  occupation, the Legislature shall consider the following

24  factors:

25         (a)  Whether the unregulated practice of the profession

26  or occupation will substantially harm or endanger the public

27  health, safety, or welfare, and whether the potential for harm

28  is recognizable and not remote;

29         (b)  Whether the practice of the profession or

30  occupation requires specialized skill or training, and whether

31  that skill or training is readily measurable or quantifiable

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  so that examination or training requirements would reasonably

 2  assure initial and continuing professional or occupational

 3  ability;

 4         (c)  Whether the regulation will have an unreasonable

 5  effect on job creation or job retention in the state or will

 6  place unreasonable restrictions on the ability of individuals

 7  who seek to practice or who are practicing a given profession

 8  or occupation to find employment;

 9         (d)(c)  Whether the public is or can be effectively

10  protected by other means; and

11         (e)(d)  Whether the overall cost-effectiveness and

12  economic impact of the proposed regulation, including the

13  indirect costs to consumers, will be favorable.

14         (4)  The proponents of legislation that provides for

15  the regulation of a profession or occupation not already

16  expressly subject to state regulation shall provide, upon

17  request, the following information in writing to the state

18  agency that is proposed to have jurisdiction over the

19  regulation and to the legislative committees to which the

20  legislation is referred:

21         (a)  The number of individuals or businesses that would

22  be subject to the regulation;

23         (b)  The name of each association that represents

24  members of the profession or occupation, together with a copy

25  of its codes of ethics or conduct;

26         (c)  Documentation of the nature and extent of the harm

27  to the public caused by the unregulated practice of the

28  profession or occupation, including a description of any

29  complaints that have been lodged against persons who have

30  practiced the profession or occupation in this state during

31  the preceding 3 years;

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 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         Section 72.  Subsection (4) of section 455.201, Florida

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  Statutes, is amended to read:

 2         455.201  Professions and occupations regulated by

 3  department; legislative intent; requirements.--

 4         (4)(a)  Neither the department nor any board may No

 5  board, nor the department, shall create unreasonably

 6  restrictive and extraordinary standards that deter qualified

 7  persons from entering the various professions. Neither the

 8  department nor any board may No board, nor the department,

 9  shall take any action that which tends to create or maintain

10  an economic condition that unreasonably restricts competition,

11  except as specifically provided by law.

12         (b)  Neither the department nor any board may create a

13  regulation that has an unreasonable effect on job creation or

14  job retention in the state or that places unreasonable

15  restrictions on the ability of individuals who seek to

16  practice or who are practicing a given profession or

17  occupation to find employment.

18         (c)  The Legislature shall evaluate proposals to

19  increase regulation of already regulated professions or

20  occupations to determine their effect on job creation or

21  retention and employment opportunities.

22         Section 73.  Subsection (4) of section 455.517, Florida

23  Statutes, is amended to read:

24         455.517  Professions and occupations regulated by

25  department; legislative intent; requirements.--

26         (4)(a)  Neither the department nor any board may No

27  board, nor the department, shall create unreasonably

28  restrictive and extraordinary standards that deter qualified

29  persons from entering the various professions. Neither the

30  department nor any board may No board, nor the department,

31  shall take any action that which tends to create or maintain

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  an economic condition that unreasonably restricts competition,

 2  except as specifically provided by law.

 3         (b)  Neither the department nor any board may create a

 4  regulation that has an unreasonable effect on job creation or

 5  job retention in the state or that places unreasonable

 6  restrictions on the ability of individuals who seek to

 7  practice or who are practicing a profession or occupation to

 8  find employment.

 9         (c)  The Legislature shall evaluate proposals to

10  increase the regulation of regulated professions or

11  occupations to determine the effect of increased regulation on

12  job creation or retention and employment opportunities.

13         Section 74.  Section 455.2035, Florida Statutes, is

14  created to read:

15         455.2035  Rulemaking authority for professions not

16  under a board.--The department may adopt rules pursuant to ss.

17  120.54 and 120.536(1) to implement the regulatory requirements

18  of any profession within the department's jurisdiction which

19  does not have a statutorily authorized regulatory board.

20         Section 75.  Section 455.2123, Florida Statutes, is

21  created to read:

22         455.2123  Continuing education.--A board, or the

23  department when there is no board, may provide by rule that

24  distance learning may be used to satisfy continuing education

25  requirements.

26         Section 76.  Section 455.2124, Florida Statutes, is

27  created to read:

28         455.2124  Proration of continuing education.--A board,

29  or the department when there is no board, may:

30         (1)  Prorate continuing education for new licensees by

31  requiring half of the required continuing education for any

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  applicant who becomes licensed with more than half the renewal

 2  period remaining and no continuing education for any applicant

 3  who becomes licensed with half or less than half of the

 4  renewal period remaining; or

 5         (2)  Require no continuing education until the first

 6  full renewal cycle of the licensee.

 7

 8  These options shall also apply when continuing education is

 9  first required or the number of hours required is increased by

10  law or the board, or the department when there is no board.

11         Section 77.  Subsection (10) is added to section

12  455.213, Florida Statutes, 1998 Supplement, to read:

13         455.213  General licensing provisions.--

14         (10)  For any profession requiring fingerprints as part

15  of the registration, certification, or licensure process or

16  for any profession requiring a criminal history record check

17  to determine good moral character, a fingerprint card

18  containing the fingerprints of the applicant must accompany

19  all applications for registration, certification, or

20  licensure. The fingerprint card shall be forwarded to the

21  Division of Criminal Justice Information Systems within the

22  Department of Law Enforcement for purposes of processing the

23  fingerprint card to determine if the applicant has a criminal

24  history record. The fingerprint card shall also be forwarded

25  to the Federal Bureau of Investigation for purposes of

26  processing the fingerprint card to determine if the applicant

27  has a criminal history record. The information obtained by the

28  processing of the fingerprint card by the Florida Department

29  of Law Enforcement and the Federal Bureau of Investigation

30  shall be sent to the department for the purpose of determining

31  if the applicant is statutorily qualified for registration,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  certification, or licensure.

 2         Section 78.  Paragraph (e) of subsection (2) of section

 3  468.453, Florida Statutes, 1998 Supplement, is amended to

 4  read:

 5         468.453  Licensure required; qualifications;

 6  examination; bond.--

 7         (2)  A person shall be licensed as an athlete agent if

 8  the applicant:

 9         (e)  Has provided sufficient information which must be

10  submitted to by the department a fingerprint card for a

11  criminal history records check through the Federal Bureau of

12  Investigation. The fingerprint card shall be forwarded to the

13  Division of Criminal Justice Information Systems within the

14  Department of Law Enforcement for purposes of processing the

15  fingerprint card to determine if the applicant has a criminal

16  history record. The fingerprint card shall also be forwarded

17  to the Federal Bureau of Investigation for purposes of

18  processing the fingerprint card to determine if the applicant

19  has a criminal history record. The information obtained by the

20  processing of the fingerprint card by the Florida Department

21  of Law Enforcement and the Federal Bureau of Investigation

22  shall be sent to the department for the purpose of determining

23  if the applicant is statutorily qualified for licensure.

24         Section 79.  Paragraph (a) of subsection (1) of section

25  475.175, Florida Statutes, is amended to read:

26         475.175  Examinations.--

27         (1)  A person shall be entitled to take the license

28  examination to practice in this state if the person:

29         (a)  Submits to the department the appropriate

30  notarized application and fee, two photographs of herself or

31  himself taken within the preceding year, and a fingerprint

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  card. The fingerprint card shall be forwarded to the Division

 2  of Criminal Justice Information Systems within the Department

 3  of Law Enforcement for purposes of processing the fingerprint

 4  card to determine if the applicant has a criminal history

 5  record. The fingerprint card shall also be forwarded to the

 6  Federal Bureau of Investigation for purposes of processing the

 7  fingerprint card to determine if the applicant has a criminal

 8  history record. The information obtained by the processing of

 9  the fingerprint card by the Florida Department of Law

10  Enforcement and the Federal Bureau of Investigation shall be

11  sent to the department for the purpose of determining if the

12  applicant is statutorily qualified for examination.

13  fingerprints for processing through appropriate law

14  enforcement agencies; and

15         Section 80.  Subsection (3) of section 475.615, Florida

16  Statutes, 1998 Supplement, is amended to read:

17         475.615  Qualifications for registration, licensure, or

18  certification.--

19         (3)  Appropriate fees, as set forth in the rules of the

20  board pursuant to s. 475.6147, and a fingerprint card

21  fingerprints for processing through appropriate law

22  enforcement agencies must accompany all applications for

23  registration, licensure, and certification, or licensure. The

24  fingerprint card shall be forwarded to the Division of

25  Criminal Justice Information Systems within the Department of

26  Law Enforcement for purposes of processing the fingerprint

27  card to determine if the applicant has a criminal history

28  record. The fingerprint card shall also be forwarded to the

29  Federal Bureau of Investigation for purposes of processing the

30  fingerprint card to determine if the applicant has a criminal

31  history record. The information obtained by the processing of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  the fingerprint card by the Florida Department of Law

 2  Enforcement and the Federal Bureau of Investigation shall be

 3  sent to the department for the purpose of determining if the

 4  applicant is statutorily qualified for registration,

 5  certification, or licensure.

 6         Section 81.  Section 455.2255, Florida Statutes, is

 7  created to read:

 8         455.2255  Classification of disciplinary actions.--

 9         (1)  A licensee may petition the department to review a

10  disciplinary incident to determine whether the specific

11  violation meets the standard of a minor violation as set forth

12  in s. 455.225(3). If the circumstances of the violation meet

13  that standard and 2 years have passed since the issuance of a

14  final order imposing discipline, the department shall

15  reclassify that violation as inactive if the licensee has not

16  been disciplined for any subsequent minor violation of the

17  same nature. After the department has reclassified the

18  violation as inactive, it is no longer considered to be part

19  of the licensee's disciplinary record, and the licensee may

20  lawfully deny or fail to acknowledge the incident as a

21  disciplinary action.

22         (2)  The department may establish a schedule

23  classifying violations according to the severity of the

24  violation.  After the expiration of set periods of time, the

25  department may provide for such disciplinary records to become

26  inactive, according to their classification.  After the

27  disciplinary record has become inactive, the department may

28  clear the violation from the disciplinary record and the

29  subject person or business may lawfully deny or fail to

30  acknowledge such disciplinary actions. The department may

31  adopt rules to implement this subsection.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1         (3)  Notwithstanding s. 455.017, this section applies

 2  to the disciplinary records of all persons or businesses

 3  licensed by the department.

 4         Section 82.  Subsection (3) of section 455.227, Florida

 5  Statutes, is amended to read:

 6         455.227  Grounds for discipline; penalties;

 7  enforcement.--

 8         (3)(a)  In addition to any other discipline imposed

 9  pursuant to this section or discipline imposed for a violation

10  of any practice act, the board, or the department when there

11  is no board, may assess costs related to the investigation and

12  prosecution of the case excluding costs associated with an

13  attorney's time.

14         (b)  In any case where the board or the department

15  imposes a fine or assessment and the fine or assessment is not

16  paid within a reasonable time, such reasonable time to be

17  prescribed in the rules of the board, or the department when

18  there is no board, or in the order assessing such fines or

19  costs, the department or the Department of Legal Affairs may

20  contract for the collection of, or bring a civil action to

21  recover, the fine or assessment.

22         (c)  The department shall not issue or renew a license

23  to any person against whom or business against which the board

24  has assessed a fine, interest, or costs associated with

25  investigation and prosecution until the person or business has

26  paid in full such fine, interest, or costs associated with

27  investigation and prosecution or until the person or business

28  complies with or satisfies all terms and conditions of the

29  final order.

30         Section 83.  Subsection (6) of section 455.564, Florida

31  Statutes, 1998 Supplement, is amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1         455.564  Department; general licensing provisions.--

 2         (6)  As a condition of renewal of a license, the Board

 3  of Medicine, the Board of Osteopathic Medicine, the Board of

 4  Chiropractic Medicine, and the Board of Podiatric Medicine

 5  shall each require licensees which they respectively regulate

 6  to periodically demonstrate their professional competency by

 7  completing at least 40 hours of continuing education every 2

 8  years, which may include up to 1 hour of risk management or

 9  cost containment and up to 2 hours of other topics related to

10  the applicable medical specialty, if required by board rule.

11  The boards may require by rule that up to 1 hour of the

12  required 40 or more hours be in the area of risk management or

13  cost containment. This provision shall not be construed to

14  limit the number of hours that a licensee may obtain in risk

15  management or cost containment to be credited toward

16  satisfying the 40 or more required hours. This provision shall

17  not be construed to require the boards to impose any

18  requirement on licensees except for the completion of at least

19  40 hours of continuing education every 2 years. Each of such

20  boards shall determine whether any specific continuing

21  education course requirements not otherwise mandated by law

22  shall be mandated and shall approve criteria for, and the

23  content of, any continuing education course mandated by such

24  board. Notwithstanding any other provision of law, the board,

25  or the department when there is no board, may approve by rule

26  alternative methods of obtaining continuing education credits

27  in risk management. The alternative methods may include

28  attending a board meeting at which another a licensee is

29  disciplined, serving as a volunteer expert witness for the

30  department in a disciplinary case, or serving as a member of a

31  probable cause panel following the expiration of a board

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  member's term. Other boards within the Division of Medical

 2  Quality Assurance, or the department if there is no board, may

 3  adopt rules granting continuing education hours in risk

 4  management for attending a board meeting at which another

 5  licensee is disciplined, for serving as a volunteer expert

 6  witness for the department in a disciplinary case, or for

 7  serving as a member of a probable cause panel following the

 8  expiration of a board member's term.

 9         Section 84.  Subsections (4) and (6) of section

10  477.013, Florida Statutes, 1998 Supplement, are amended, and

11  subsections (12) and (13) are added to that section, to read:

12         477.013  Definitions.--As used in this chapter:

13         (4)  "Cosmetology" means the mechanical or chemical

14  treatment of the head, face, and scalp for aesthetic rather

15  than medical purposes, including, but not limited to, hair

16  shampooing, hair cutting, hair arranging, hair coloring,

17  permanent waving, and hair relaxing, hair removing pedicuring,

18  and manicuring, for compensation. This term also includes

19  performing hair removal, including wax treatments, manicures,

20  pedicures, and skin-care services.

21         (6)  "Specialty" means the practice of one or more of

22  the following:

23         (a)  Manicuring, or the cutting, polishing, tinting,

24  coloring, cleansing, adding, or extending of the nails, and

25  massaging of the hands. This term includes any procedure or

26  process for the affixing of artificial nails, except those

27  nails which may be applied solely by use of a simple adhesive.

28         (b)  Pedicuring, or the shaping, polishing, tinting, or

29  cleansing of the nails of the feet, and massaging or

30  beautifying of the feet.

31         (c)  Facials, or the massaging or treating of the face

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  or scalp with oils, creams, lotions, or other preparations,

 2  and skin care services.

 3         (12)  "Body wrapping" means a treatment program that

 4  uses herbal wraps for the purposes of weight loss and of

 5  cleansing and beautifying the skin of the body, but does not

 6  include:

 7         (a)  The application of oils, lotions, or other fluids

 8  to the body, except fluids contained in presoaked materials

 9  used in the wraps; or

10         (b)  Manipulation of the body's superficial tissue,

11  other than that arising from compression emanating from the

12  wrap materials.

13         (13)  "Skin care services" means the treatment of the

14  skin of the body, other than the head, face, and scalp, by the

15  use of a sponge, brush, cloth, or similar device to apply or

16  remove a chemical preparation or other substance, except that

17  chemical peels may be removed by peeling an applied

18  preparation from the skin by hand. Skin care services must be

19  performed by a licensed cosmetologist or facial specialist

20  within a licensed cosmetology or specialty salon, and such

21  services may not involve massage, as defined in s. 480.033(3),

22  through manipulation of the superficial tissue.

23         Section 85.  Section 477.0132, Florida Statutes, 1998

24  Supplement, is amended to read:

25         477.0132  Hair braiding, and hair wrapping, and body

26  wrapping registration.--

27         (1)(a)  Persons whose occupation or practice is

28  confined solely to hair braiding must register with the

29  department, pay the applicable registration fee, and take a

30  two-day 16-hour course. The course shall be board approved and

31  consist of 5 hours of HIV/AIDS and other communicable

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  diseases, 5 hours of sanitation and sterilization, 4 hours of

 2  disorders and diseases of the scalp, and 2 hours of studies

 3  regarding laws affecting hair braiding.

 4         (b)  Persons whose occupation or practice is confined

 5  solely to hair wrapping must register with the department, pay

 6  the applicable registration fee, and take a one-day 6-hour

 7  course. The course shall be board approved and consist of

 8  education in HIV/AIDS and other communicable diseases,

 9  sanitation and sterilization, disorders and diseases of the

10  scalp, and studies regarding laws affecting hair wrapping.

11         (c)  Unless otherwise licensed or exempted from

12  licensure under this chapter, any person whose occupation or

13  practice is body wrapping must register with the department,

14  pay the applicable registration fee, and take a two-day

15  12-hour course. The course shall be board approved and consist

16  of education in HIV/AIDS and other communicable diseases,

17  sanitation and sterilization, disorders and diseases of the

18  skin, and studies regarding laws affecting body wrapping.

19         (2)  Hair braiding, and hair wrapping, and body

20  wrapping are not required to be practiced in a cosmetology

21  salon or specialty salon. When hair braiding, or hair

22  wrapping, or body wrapping is practiced outside a cosmetology

23  salon or specialty salon, disposable implements must be used

24  or all implements must be sanitized in a disinfectant approved

25  for hospital use or approved by the federal Environmental

26  Protection Agency.

27         (3)  Pending issuance of registration, a person is

28  eligible to practice hair braiding, or hair wrapping, or body

29  wrapping upon submission of a registration application that

30  includes proof of successful completion of the education

31  requirements and payment of the applicable fees required by

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  this chapter.

 2         Section 86.  Paragraph (f) of subsection (1) of section

 3  477.026, Florida Statutes, 1998 Supplement, is amended to

 4  read:

 5         477.026  Fees; disposition.--

 6         (1)  The board shall set fees according to the

 7  following schedule:

 8         (f)  For hair braiders, and hair wrappers, and body

 9  wrappers, fees for registration shall not exceed $25.

10         Section 87.  Paragraph (g) is added to subsection (1)

11  of section 477.0265, Florida Statutes, to read:

12         477.0265  Prohibited acts.--

13         (1)  It is unlawful for any person to:

14         (g)  Advertise or imply that skin care services or body

15  wrapping, as performed under this chapter, have any

16  relationship to the practice of massage therapy as defined in

17  s. 480.033(3), except those practices or activities defined in

18  s. 477.013.

19         Section 88.  Paragraph (a) of subsection (1) of section

20  477.029, Florida Statutes, 1998 Supplement, is amended to

21  read:

22         477.029  Penalty.--

23         (1)  It is unlawful for any person to:

24         (a)  Hold himself or herself out as a cosmetologist,

25  specialist, hair wrapper, or hair braider, or body wrapper

26  unless duly licensed or registered, or otherwise authorized,

27  as provided in this chapter.

28         Section 89.  Subsection (2) of section 455.209, Florida

29  Statutes, 1998 Supplement, is amended to read:

30         455.209  Accountability and liability of board

31  members.--

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1         (2)  Each board member and each former board member

 2  serving on a probable cause panel shall be exempt from civil

 3  liability for any act or omission when acting in the member's

 4  official capacity, and the department, or the Department of

 5  Legal Affairs shall defend any such member in any action

 6  against any board or member of a board arising from any such

 7  act or omission. In addition, the department or the Department

 8  of Legal Affairs may defend the member's company or business

 9  in any action against the company or business if the

10  department or the Department of Legal Affairs determines that

11  the actions from which the suit arises are actions taken by

12  the member in the member's official capacity and were not

13  beyond the member's statutory authority. In providing such

14  defense, the department or the Department of Legal Affairs may

15  employ or utilize the legal services of the Department of

16  Legal Affairs or outside counsel retained pursuant to s.

17  287.059. Fees and costs of providing legal services provided

18  under this subsection shall be paid from the Professional

19  Regulation Trust Fund, subject to the provisions of ss.

20  455.219 and 215.37.

21         Section 90.  Subsection (1) of section 455.221, Florida

22  Statutes, is amended to read:

23         455.221  Legal and investigative services.--

24         (1)  The department shall provide board counsel for

25  boards within the department by contracting with the

26  Department of Legal Affairs, by retaining private counsel

27  pursuant to s. 287.059, or by providing department staff

28  counsel A board shall retain, through the department's

29  contract procedures, board counsel from the Department of

30  Legal Affairs. The Department of Legal Affairs shall provide

31  legal services to each board within the Department of Business

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  and Professional Regulation, but the primary responsibility of

 2  board counsel the Department of Legal Affairs shall be to

 3  represent the interests of the citizens of the state by

 4  vigorously counseling the boards with respect to their

 5  obligations under the laws of the state. A board shall provide

 6  for the periodic review and evaluation of the services

 7  provided by its board counsel. Subject to the prior approval

 8  of the Attorney General, any board may retain, through the

 9  department's contract procedures, independent legal counsel to

10  provide legal advice to the board on a specific matter. Fees

11  and costs of such counsel by the Department of Legal Affairs

12  or independent legal counsel approved by the Attorney General

13  shall be paid from the Professional Regulation Trust Fund,

14  subject to the provisions of ss. 455.219 and 215.37. All

15  contracts for independent counsel shall provide for periodic

16  review and evaluation by the board and the department of

17  services provided.

18         Section 91.  Subsection (2) of section 455.541, Florida

19  Statutes, is amended to read:

20         455.541  Accountability and liability of board

21  members.--

22         (2)  Each board member and each former board member

23  serving on a probable cause panel shall be exempt from civil

24  liability for any act or omission when acting in the member's

25  official capacity, and the department or the Department of

26  Legal Affairs shall defend any such member in any action

27  against any board or member of a board arising from any such

28  act or omission. In addition, the department or the Department

29  of Legal Affairs may defend the member's company or business

30  in any action against the company or business if the

31  department or the Department of Legal Affairs determines that

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  the actions from which the suit arises are actions taken by

 2  the member in the member's official capacity and were not

 3  beyond the member's statutory authority. In providing such

 4  defense, the department or the Department of Legal Affairs may

 5  employ or utilize the legal services of the Department of

 6  Legal Affairs or outside counsel retained pursuant to s.

 7  287.059. Fees and costs of providing legal services provided

 8  under this subsection shall be paid from a trust fund used by

 9  the department to implement this part, subject to the

10  provisions of s. 455.587.

11         Section 92.  Subsection (1) of section 455.594, Florida

12  Statutes, is amended to read:

13         455.594  Legal and investigative services.--

14         (1)  The department shall provide board counsel for

15  boards within the department by contracting with the

16  Department of Legal Affairs, by retaining private counsel

17  pursuant to s. 287.059, or by providing department staff

18  counsel A board shall retain, through the department's

19  contract procedures, board counsel from the Department of

20  Legal Affairs. The Department of Legal Affairs shall provide

21  legal services to each board within the Department of Health,

22  but the primary responsibility of board counsel the Department

23  of Legal Affairs shall be to represent the interests of the

24  citizens of the state by vigorously counseling the boards with

25  respect to their obligations under the laws of the state. A

26  board shall provide for the periodic review and evaluation of

27  the services provided by its board counsel. Subject to the

28  prior approval of the Attorney General, any board may retain,

29  through the department's contract procedures, independent

30  legal counsel to provide legal advice to the board on a

31  specific matter. Fees and costs of such counsel by the

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  Department of Legal Affairs or independent legal counsel

 2  approved by the Attorney General shall be paid from a trust

 3  fund used by the department to implement this part, subject to

 4  the provisions of s. 455.587. All contracts for independent

 5  counsel shall provide for periodic review and evaluation by

 6  the board and the department of services provided.

 7         Section 93.  Subsection (16) of section 458.347,

 8  Florida Statutes, 1998 Supplement, is amended to read:

 9         458.347  Physician assistants.--

10         (16)  LEGAL SERVICES.--The Department of Legal Affairs

11  shall provide Legal services shall be provided to the council

12  pursuant to as authorized in s. 455.594(1).

13         Section 94.  Subsection (16) of section 459.022,

14  Florida Statutes, 1998 Supplement, is amended to read:

15         459.022  Physician assistants.--

16         (16)  LEGAL SERVICES.--The Department of Legal Affairs

17  shall provide Legal services shall be provided to the council

18  pursuant to as authorized in s. 455.594(1).

19         Section 95.  Section 455.2177, Florida Statutes, is

20  created to read:

21         455.2177  Monitoring of compliance with continuing

22  education requirements.--

23         (1)  The department shall establish a system to monitor

24  licensee compliance with applicable continuing education

25  requirements and to determine each licensee's continuing

26  education status. The department is authorized to provide for

27  a phase-in of the compliance monitoring system, but the system

28  must provide for monitoring of compliance with applicable

29  continuing education requirements by all professions regulated

30  by the department no later than July 1, 2002. The compliance

31  monitoring system may use staff of the department or may be

                                  19
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  privatized. As used in this section, the term "monitor" means

 2  the act of determining, for each licensee, whether the

 3  licensee was in full compliance with applicable continuing

 4  education requirements as of the time of the licensee's

 5  license renewal.

 6         (2)  If the compliance monitoring system required under

 7  this section is privatized, the following provisions apply:

 8         (a)  The department may contract pursuant to s. 287.057

 9  with a vendor or vendors for the monitoring of compliance with

10  applicable continuing education requirements by all licensees

11  within one or more professions regulated by the department.

12  The contract shall include, but need not be limited to, the

13  following terms and conditions:

14         1.a.  The vendor shall create a computer database, in

15  the form required by the department, that includes the

16  continuing education status of each licensee and shall provide

17  a report to the department within 90 days after the vendor

18  receives the list of licensees to be monitored as provided in

19  sub-subparagraph b. The report shall be in a format determined

20  by the department and shall include each licensee's continuing

21  education status by license number, hours of continuing

22  education credit per cycle, and such other information the

23  department deems necessary.

24         b.  No later than 30 days after the end of each renewal

25  period, the department shall provide to the vendor a list that

26  includes all licensees of a particular profession whose

27  licenses were renewed during a particular renewal period. In

28  order to account for late renewals, the department shall

29  provide the vendor with such updates to the list as are

30  mutually determined to be necessary.

31         2.a.  Before the vendor informs the department of the

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  status of any licensee the vendor has determined is not in

 2  compliance with continuing education requirements, the vendor,

 3  acting on behalf of the department, shall provide the licensee

 4  with a notice stating that the vendor has determined that the

 5  licensee is not in compliance with applicable continuing

 6  education requirements. The notice shall also include the

 7  licensee's continuing education record for the renewal period,

 8  as shown in the records of the vendor, and a description of

 9  the process for correcting the vendor's record under

10  sub-subparagraph b.

11         b.  The vendor shall give the licensee 45 days to

12  correct the vendor's information. The vendor shall correct a

13  record only on the basis of evidence of compliance supplied to

14  the vendor by a continuing education provider.

15         3.a.  The vendor must provide the department, with the

16  report required under subparagraph 1., a list, in a form

17  determined by the department, identifying each licensee who

18  the vendor has determined is not in compliance with applicable

19  continuing education requirements.

20         b.  The vendor shall provide the department with access

21  to such information and services as the department deems

22  necessary to ensure that the actions of the vendor conform to

23  the contract and to the duties of the department and the

24  vendor under this subsection.

25         4.  The department shall ensure the vendor access to

26  such information from continuing education providers as is

27  necessary to determine the continuing education record of each

28  licensee. The vendor shall inform the department of any

29  provider that fails to provide such information to the vendor.

30         5.  If the vendor fails to comply with a provision of

31  the contract, the vendor is obligated to pay the department

                                  21
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  liquidated damages in the amounts specified in the contract.

 2         6.  The department's payments to the vendor must be

 3  based on the number of licensees monitored. The department may

 4  allocate from the unlicensed activity account of any

 5  profession under s. 455.2281 up to $2 per licensee for the

 6  monitoring of that profession's licensees under this

 7  subsection, which allocations are the exclusive source of

 8  funding for contracts under this subsection.

 9         7.  A continuing education provider is not eligible to

10  be a vendor under this subsection.

11         (b)  When it receives notice from a vendor that a

12  licensee is not in compliance with continuing education

13  requirements, the department shall send the licensee written

14  notice that disciplinary actions will be taken, together with

15  a description of the remedies available to the licensee under

16  the dispute resolution process created under paragraph (c). If

17  a licensee does not prevail in the dispute resolution process,

18  the department:

19         1.  May impose an administrative fine in the amount of

20  $500 against the licensee; however, the department may reduce

21  the amount of the fine to $250 if the licensee comes into

22  compliance with the applicable continuing education

23  requirements within 90 days after imposition of the original

24  fine. All proceeds of fines under this subparagraph shall be

25  deposited in the appropriate unlicensed activity account under

26  s. 455.2281.

27         2.  May refuse any further renewal of the licensee's

28  license unless the licensee has paid the fine and satisfied

29  the applicable continuing education requirements.

30         (c)  The department is authorized to adopt by rule a

31  process for the resolution of disputes between a vendor and a

                                  22
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  continuing education provider, between a vendor and a

 2  licensee, and between a licensee and a continuing education

 3  provider. The process shall ensure all parties a fair

 4  opportunity to correct any erroneous information. If the

 5  parties are unable to reach an agreement, the department shall

 6  determine the resolution of the dispute.

 7         (d)  Upon the failure of a vendor to meet its

 8  obligations under a contract as provided in paragraph (a), the

 9  department may suspend the contract and enter into an

10  emergency contract under s. 287.057(3).

11         (3)  Notwithstanding any other provision of law to the

12  contrary and regardless of whether the compliance monitoring

13  system is privatized, neither the department nor a board may

14  impose any sanction other than the sanctions specified in

15  paragraph (2)(b) for the failure of a licensee to meet

16  continuing education requirements. This subsection does not

17  apply to actions under chapter 473.

18         (4)  The department shall waive the continuing

19  education monitoring requirements of this section for any

20  profession that demonstrates to the department that it has a

21  program in place which measures compliance with continuing

22  education requirements through statistical sampling techniques

23  or other methods and can indicate that at least 95 percent of

24  its licensees are in compliance.

25         (5)  The department is authorized to adopt rules to

26  implement this section.

27         Section 96.  Section 455.2178, Florida Statutes, is

28  created to read:

29         455.2178  Continuing education providers.--If the

30  monitoring of compliance with continuing education

31  requirements is privatized pursuant to s. 455.2177:

                                  23
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1         (1)(a)  The department shall notify each approved

 2  continuing education provider of the name and address of all

 3  vendors that monitor compliance of licensees under s.

 4  455.2177. If the department contracts with more than one

 5  vendor under s. 455.2177, the notice shall specify the

 6  professions to be monitored by each vendor.

 7         (b)  Each continuing education provider shall provide

 8  to the appropriate vendor such information regarding the

 9  continuing education status of licensees as the department

10  determines is necessary for the vendor to carry out its duties

11  under s. 455.2177(2), in a form determined by the department.

12  The information must be submitted to the vendor electronically

13  no later than 5 business days after a licensee's completion of

14  a course. Upon the request of a licensee, the provider must

15  also furnish to a vendor information regarding courses

16  completed by the licensee.

17         (2)  Each continuing education provider shall retain

18  all records relating to a licensee's completion of continuing

19  education courses for at least 4 years after completion of a

20  course.

21         (3)  A continuing education provider may not be

22  approved, and the approval may not be renewed, unless the

23  provider agrees in writing to provide such cooperation with

24  vendors under s. 455.2177 as the department deems necessary or

25  appropriate.

26         (4)  The department may immediately revoke approval of

27  any continuing education provider that fails to comply with

28  its duties under this section.

29         (5)  For the purpose of determining which persons or

30  entities must meet the reporting, recordkeeping, and access

31  provisions of this section, the board of any profession

                                  24
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  subject to this section, or the department if there is no

 2  board, shall, by rule, adopt a definition of the term

 3  "continuing education provider" applicable to the profession's

 4  continuing education requirements. The intent of the rule

 5  shall be to ensure that all records and information necessary

 6  to carry out the requirements of this section and s. 455.2177

 7  are maintained and transmitted accordingly and to minimize

 8  disputes as to what person or entity is responsible for

 9  maintaining and reporting such records and information.

10         (6)  The department has the authority to adopt rules to

11  implement this section.

12         Section 97.  Section 455.2179, Florida Statutes, is

13  created to read:

14         455.2179  Continuing education provider approval; cease

15  and desist orders.--

16         (1)  If a board, or the department if there is no

17  board, requires approval of a continuing education provider,

18  the approval must be for a specified period of time, not to

19  exceed 4 years. An approval that does not include such a time

20  limitation may remain in effect only until July 1, 2001,

21  unless earlier replaced by an approval that includes such a

22  time limitation.

23         (2)  The department, on its own motion or at the

24  request of a board, shall issue an order requiring a person or

25  entity to cease and desist from offering any continuing

26  education programs for licensees, and revoking any approval of

27  the provider previously granted by the department or a board,

28  if the department or a board determines that the person or

29  entity failed to provide appropriate continuing education

30  services that conform to approved course material.

31         Section 98.  Section 455.2281, Florida Statutes, is

                                  25
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  amended to read:

 2         455.2281  Unlicensed activities; fees; disposition.--In

 3  order to protect the public and to ensure a consumer-oriented

 4  department, it is the intent of the Legislature that vigorous

 5  enforcement of regulation for all professional activities is a

 6  state priority. All enforcement costs should be covered by

 7  professions regulated by the department. Therefore, the

 8  department shall impose, upon initial licensure and each

 9  renewal thereof, a special fee of $5 per licensee. Such fee

10  shall be in addition to all other fees collected from each

11  licensee and shall fund efforts to combat unlicensed activity.

12  The board with concurrence of the department, or the

13  department when there is no board, may earmark $5 of the

14  current licensure fee for this purpose, if such board, or

15  profession regulated by the department, is not in a deficit

16  and has a reasonable cash balance. The department shall make

17  direct charges to this fund by profession and shall not

18  allocate indirect overhead. The department shall seek board

19  advice regarding enforcement methods and strategies prior to

20  expenditure of funds; however, the department may, without

21  board advice, allocate funds to cover the costs of continuing

22  education compliance monitoring under s. 455.2177. The

23  department shall directly credit, by profession, revenues

24  received from the department's efforts to enforce licensure

25  provisions, including revenues received from fines collected

26  under s. 455.2177. The department shall include all financial

27  and statistical data resulting from unlicensed activity

28  enforcement and from continuing education compliance

29  monitoring as a separate categories category in the quarterly

30  management report provided for in s. 455.219. The department

31  shall not charge the account of any profession for the costs

                                  26
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  incurred on behalf of any other profession. For an unlicensed

 2  activity account, a balance which remains at the end of a

 3  renewal cycle may, with concurrence of the applicable board

 4  and the department, be transferred to the operating fund

 5  account of that profession.

 6         Section 99.  Subsection (1) of section 455.224, Florida

 7  Statutes, is amended to read:

 8         455.224  Authority to issue citations.--

 9         (1)  Notwithstanding s. 455.225, the board, or the

10  department when there is no board, shall adopt rules to permit

11  the issuance of citations. The citation shall be issued to the

12  subject and shall contain the subject's name and address, the

13  subject's license number if applicable, a brief factual

14  statement, the sections of the law allegedly violated, and the

15  penalty imposed. The citation must clearly state that the

16  subject may choose, in lieu of accepting the citation, to

17  follow the procedure under s. 455.225. If the subject disputes

18  the matter in the citation, the procedures set forth in s.

19  455.225 must be followed. However, if the subject does not

20  dispute the matter in the citation with the department within

21  30 days after the citation is served, the citation becomes a

22  final order and constitutes discipline. The penalty shall be a

23  fine or other conditions as established by rule.

24         Section 100.  Subsection (2) of section 468.4315,

25  Florida Statutes, 1998 Supplement, is amended to read:

26         468.4315  Regulatory Council of Community Association

27  Managers.--

28         (2)  The council may adopt rules relating to the

29  licensure examination, continuing education requirements,

30  continuing education providers, fees, and professional

31  practice standards to assist the department in carrying out

                                  27
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  the duties and authorities conferred upon the department by

 2  this part.

 3         Section 101.  Subsection (7) of section 477.019,

 4  Florida Statutes, 1998 Supplement, is amended to read:

 5         477.019  Cosmetologists; qualifications; licensure;

 6  supervised practice; license renewal; endorsement; continuing

 7  education.--

 8         (7)(a)  The board shall prescribe by rule continuing

 9  education requirements intended to ensure protection of the

10  public through updated training of licensees and registered

11  specialists, not to exceed 16 hours biennially, as a condition

12  for renewal of a license or registration as a specialist under

13  this chapter. Continuing education courses shall include, but

14  not be limited to, the following subjects as they relate to

15  the practice of cosmetology:  human immunodeficiency virus and

16  acquired immune deficiency syndrome; Occupational Safety and

17  Health Administration regulations; workers' compensation

18  issues; state and federal laws and rules as they pertain to

19  cosmetologists, cosmetology, salons, specialists, specialty

20  salons, and booth renters; chemical makeup as it pertains to

21  hair, skin, and nails; and environmental issues. Courses given

22  at cosmetology conferences may be counted toward the number of

23  continuing education hours required if approved by the board.

24         (b)  The department may privatize provider and course

25  approval and the monitoring of continuing education

26  requirements under a contract which ensures that the services

27  will be without cost to the department or board, including the

28  cost of appropriate oversight by the department. The

29  department may contract with one or more private entities for

30  the provision of such services, including the collection of

31  fees for the services rendered. The department and board shall

                                  28
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  retain final authority for licensure decisions, rulemaking

 2  related to continuing education system requirements,

 3  noncompliance noticing, and overall implementation of any

 4  privatization project under this subsection.

 5         (b)(c)  Any person whose occupation or practice is

 6  confined solely to hair braiding, or hair wrapping, or body

 7  wrapping is exempt from the continuing education requirements

 8  of this subsection.

 9         (c)(d)  Notwithstanding any provision of law to the

10  contrary, enforcement of mandatory continuing education

11  requirements pursuant to this chapter shall be accomplished

12  only as a secondary action when a person is investigated for

13  another violation. However, The board may, by rule, require

14  any licensee in violation of a continuing education

15  requirement to take a refresher course or refresher course and

16  examination in addition to any other penalty. The number of

17  hours for the refresher course may not exceed 48 hours.

18         Section 102.  Subsection (4) of section 310.151,

19  Florida Statutes, 1998 Supplement, is amended to read:

20         310.151  Rates of pilotage; Pilotage Rate Review

21  Board.--

22         (4)(a)  The applicant shall be given written notice,

23  either in person or by certified mail, that the board intends

24  to modify the pilotage rates in that port and that the

25  applicant may, within 21 days after receipt of the notice,

26  request a hearing pursuant to the Administrative Procedure

27  Act. Notice of the intent to modify the pilotage rates in that

28  port shall also be published in the Florida Administrative

29  Weekly and in a newspaper of general circulation in the

30  affected port area and shall be mailed to any person who has

31  formally requested notice of any rate change in the affected

                                  29
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  port area. Within 21 days after receipt or publication of

 2  notice, any person whose substantial interests will be

 3  affected by the intended board action may request a hearing

 4  pursuant to the Administrative Procedure Act. If the board

 5  concludes that the petitioner has raised a disputed issue of

 6  material fact, the board shall designate a hearing, which

 7  shall be conducted by formal proceeding before an

 8  administrative law judge assigned by the Division of

 9  Administrative Hearings pursuant to ss. 120.569 and 120.57(1),

10  unless waived by all parties. The failure to request a hearing

11  within 21 days after receipt or publication of notice shall

12  constitute a waiver of any right to an administrative hearing

13  and shall cause the order modifying the pilotage rates in that

14  port to be entered. If an administrative hearing is requested

15  pursuant to this subsection, notice of the time, date, and

16  location of the hearing shall be published in the Florida

17  Administrative Weekly and in a newspaper of general

18  circulation in the affected port area and shall be mailed to

19  the applicant and to any person who has formally requested

20  notice of any rate change for the affected port area.

21         (b)  Notwithstanding any contrary provisions in the

22  Administrative Procedure Act, the administrative law judge's

23  recommended order may include rulings on evidentiary or

24  procedural matters, and shall include findings of fact for

25  consideration by the board in applying the factors set forth

26  in s. 310.151(5) and (6). The recommended order shall not

27  include a recommendation as to the appropriate rate to be

28  imposed.

29         Section 103.  Subsections (3), (4), (5), and (9) of

30  section 548.002, Florida Statutes, are amended, present

31  subsections (5) through (15) are renumbered as subsections (6)

                                  30
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  through (16), respectively, and new subsections (5) and (17)

 2  are added to that section, to read:

 3         548.002  Definitions.--As used in this act, the term:

 4         (3)  "Commission" means the Florida State Boxing

 5  Athletic Commission.

 6         (4)  "Contest" means a boxing or, kickboxing, or

 7  martial arts engagement in which the participants strive

 8  earnestly to win.

 9         (5)  "Department" means the Department of Business and

10  Professional Regulation.

11         (6)(5)  "Exhibition" means a boxing or, kickboxing, or

12  martial arts engagement in which the participants show or

13  display their skill without necessarily striving to win.

14         (10)(9)  "Manager" means any person who, directly or

15  indirectly, controls or administers the boxing or, kickboxing,

16  or martial arts affairs of any participant.

17         (17)  "Secretary" means the Secretary of Business and

18  Professional Regulation.

19         Section 104.  Section 548.003, Florida Statutes, 1998

20  Supplement, is amended to read:

21         548.003  Florida State Boxing Athletic Commission;

22  organization; meetings; accountability of commission members;

23  compensation and travel expenses; association membership and

24  participation.--

25         (1)  The Florida State Boxing Athletic Commission is

26  created and is assigned to under the Department of Business

27  and Professional Regulation for administrative and fiscal

28  accountability purposes only. The Florida State Boxing

29  Athletic Commission shall consist of five members appointed by

30  the Governor, subject to confirmation by the Senate. Upon the

31  expiration of the term of a commissioner, the Governor shall

                                  31
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  appoint a successor to serve for a 4-year term. A commissioner

 2  whose term has expired shall continue to serve on the

 3  commission until such time as a replacement is appointed.  If

 4  a vacancy on the commission occurs prior to the expiration of

 5  the term, it shall be filled for the unexpired portion of the

 6  term in the same manner as the original appointment.

 7         (2)  The Florida State Boxing Athletic Commission, as

 8  created by subsection (1), shall administer the provisions of

 9  this chapter. The commission has authority to adopt rules

10  pursuant to ss. 120.536(1) and 120.54 to implement the

11  provisions of this chapter and to implement each of the duties

12  and responsibilities conferred upon the commission, including,

13  but not limited to: development of an ethical code of conduct

14  for commissioners, commission staff, and commission officials;

15  procedures for hearings and resolution of disputes;

16  qualifications for appointment of referees and judges; and

17  setting fee and reimbursement schedules for officials

18  appointed by the commission.

19         (3)  The commission shall maintain an office in

20  Tallahassee and any necessary branch offices.  At the first

21  meeting of the commission after June 1 of each year, the

22  commission shall select a chair and a vice chair from among

23  its membership.  Three members shall constitute a quorum and

24  the concurrence of at least three members is necessary for

25  official commission action.

26         (4)  Three consecutive unexcused absences or absences

27  constituting 50 percent or more of the commission's meetings

28  within any 12-month period shall cause the commission

29  membership of the member in question to become void, and the

30  position shall be considered vacant.  The commission shall, by

31  rule, define unexcused absences.

                                  32
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1         (5)  Each commission member shall be accountable to the

 2  Governor for the proper performance of duties as a member of

 3  the commission.  The Governor shall cause to be investigated

 4  any complaint or unfavorable report received by the Governor

 5  or the department concerning an action of the commission or

 6  any member and shall take appropriate action thereon.  The

 7  Governor may remove from office any member for malfeasance,

 8  unethical conduct, misfeasance, neglect of duty, incompetence,

 9  permanent inability to perform official duties, or pleading

10  guilty or nolo contendere to or being found guilty of a

11  felony.

12         (6)(4)  Each member of the commission shall be

13  compensated at the rate of $50 $25 for each day she or he

14  attends a commission meeting and shall be reimbursed for other

15  expenses as provided in s. 112.061.

16         (7)  The commission shall be authorized to join and

17  participate in the activities of the Association of Boxing

18  Commissions (ABC).

19         (8)  The department shall provide all legal and

20  investigative services necessary to implement this chapter.

21  The department may adopt rules as provided in ss. 120.54 and

22  120.536(1) to carry out its duties under this chapter.

23         Section 105.  Section 548.004, Florida Statutes, is

24  amended to read:

25         548.004  Executive director secretary; deputies;

26  duties, compensation, administrative support.--

27         (1)  The department commission shall employ an

28  executive director with the approval of the commission. The

29  executive director shall serve at the pleasure of the

30  secretary who shall receive a salary to be fixed by the

31  commission with the approval of the Governor.  The executive

                                  33
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  secretary shall keep a record of all proceedings of the

 2  commission; shall preserve all books, papers, and documents

 3  pertaining to the business of the commission; shall prepare

 4  any notices and papers required; shall appoint judges,

 5  referees, and other officials as delegated by the commission

 6  and pursuant to this chapter and rules of the commission; and

 7  shall perform such other duties as the department or

 8  commission directs.  The executive director secretary may

 9  issue witness subpoenas and administer oaths.

10         (2)  The commission shall require electronic recording

11  of all scheduled proceedings of the commission.

12         (3)  The department shall provide assistance in budget

13  development and budget submission for state funding requests.

14  The department shall submit an annual balanced legislative

15  budget for the commission which is based upon anticipated

16  revenue. The department shall provide technical assistance and

17  administrative support, if requested or determined needed, to

18  the commission and its executive director on issues relating

19  to personnel, contracting, property management, or other

20  issues identified as important to performing the duties of

21  this chapter and to protecting the interests of the state.

22         (2)  The commission may appoint any deputies that are

23  necessary, whose compensation shall be the same as that of the

24  commissioners.  A deputy shall, on the order of the

25  commission, represent the commission at a boxing match.

26         Section 106.  Section 548.005, Florida Statutes, is

27  created to read:

28         548.005  Oversight of the commission; long-range policy

29  planning; plans, reports, and recommendations.--

30         (1)  The department shall exercise oversight of the

31  activities of the commission to the extent necessary to

                                  34
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  facilitate the requirements of this section.

 2         (2)  To facilitate efficient and cost-effective

 3  regulation, the commission and the department, where

 4  appropriate, shall develop and implement a long-range policy

 5  planning and monitoring process to include recommendations

 6  specific to the commission. Included in the plan shall be

 7  specific recommendations regarding performance standards and

 8  measurable outcomes for the commission. Such process shall

 9  include estimates of revenues, expenditures, cash balances,

10  and performance statistics for the commission. The period

11  covered shall not be less than 5 years. The commission, with

12  assistance from the department, shall develop the long-range

13  plan which must be approved by the Governor. The department

14  shall monitor compliance with the approved long-range plan and

15  shall assist the commission in annually updating the plan for

16  approval by the Governor. The department shall provide concise

17  management reports to the commission and the Governor

18  quarterly. As part of the review process, the department shall

19  evaluate:

20         (a)  Whether the commission is operating efficiently

21  and effectively and if there is need for assistance to help

22  the commission in ensuring cost-effective regulation.

23         (b)  How and why pugilistic exhibitions and contests

24  are regulated.

25         (c)  Whether there is a need to continue regulation,

26  and to what degree.

27         (d)  Whether or not licensee and consumer protection is

28  adequate, and how it can be improved.

29         (e)  Whether unlicensed activity is adequately

30  enforced.

31

                                  35
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  Such plans should include conclusions and recommendations on

 2  these and other issues as appropriate. Such plans shall be

 3  provided to the Governor and the Legislature by November 1 of

 4  each year.

 5         Section 107.  Section 548.006, Florida Statutes, is

 6  amended to read:

 7         548.006  Power of commission to control pugilistic

 8  contests and exhibitions.--The commission has exclusive

 9  jurisdiction over every match held within the state which

10  involves a professional.  Matches shall be held only in

11  accordance with this chapter and the rules adopted by the

12  commission.

13         Section 108.  Section 548.007, Florida Statutes, is

14  amended to read:

15         548.007  Applicability of act to amateur matches and

16  certain other matches or events.--With the exception of s.

17  548.008, sections 548.001-548.079 do not apply to:

18         (1)  Any match in which the participants are amateurs;

19         (2)  Any match conducted or sponsored by a university,

20  college, or secondary school if all the participants are

21  students regularly enrolled in the institution;

22         (3)  Any match conducted or sponsored by a nationally

23  chartered veterans' organization registered with the state;

24         (4)  Any match conducted or sponsored by any company or

25  detachment of the Florida National Guard; or

26         (5)  Any official Olympic event.

27         Section 109.  Section 548.008, Florida Statutes, is

28  amended to read:

29         548.008  Toughman and badman competition prohibited.--

30         (1)  No professional or amateur toughman or badman

31  match, as described in this section, may be held in this

                                  36
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  state.  Such competition includes any contest or exhibition

 2  where participants compete by using a combination of fighting

 3  skills.  Such skills may include, but are not limited to,

 4  boxing, wrestling, kicking, or martial arts skills.

 5  Notwithstanding the above, this section shall not preclude

 6  kickboxing as regulated by this chapter.

 7         (2)  Any person participating in or promoting a

 8  professional or amateur toughman or badman match is guilty of

 9  a misdemeanor of the second degree, punishable as provided in

10  s. 775.082 or s. 775.083.

11         Section 110.  Section 548.014, Florida Statutes, is

12  amended to read:

13         548.014  Promoters and foreign copromoters; bonds or

14  other security.--

15         (1)(a)  Before any license is issued or renewed to a

16  promoter or foreign copromoter and before any permit is issued

17  to a promoter or foreign copromoter, she or he must file a

18  surety bond with the commission in such reasonable amount, but

19  not less than $15,000 $3,000, as the commission determines.

20         (b)  All bonds must shall be upon forms approved by the

21  Department of Legal Affairs and supplied by the commission.

22         (c)  The sufficiency of any surety is subject to

23  approval of the commission and the Department of Legal

24  Affairs.

25         (d)  The surety bond must shall be conditioned upon the

26  faithful performance by the promoter or foreign copromoter of

27  her or his obligations under this chapter and upon the

28  fulfillment of her or his contracts with any other licensees

29  under this chapter.  However, the aggregate annual liability

30  of the surety for all obligations and fees may shall not

31  exceed the amount of the bond.

                                  37
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1         (2)  In lieu of a surety bond, the promoter or foreign

 2  copromoter may deposit with the commission cash or, a

 3  certified check, or direct obligations of the United States or

 4  this state which are acceptable to the commission in an

 5  equivalent amount and subject to the same conditions as the

 6  bond.  No Such security may not be returned to the promoter

 7  until 1 year after the date on which it was deposited with the

 8  commission unless a surety bond is substituted for it.  If no

 9  claim against the deposit is outstanding, it shall be returned

10  to the depositor 1 year after from the date it was deposited.

11         (3)  A filing fee of $10 shall accompany each bond,

12  cash, or security deposited under this section.

13         (3)(4)  Recovery may be made against any bond, cash, or

14  other security in the same manner as penalties are recoverable

15  at law.

16         Section 111.  Section 548.025, Florida Statutes, is

17  amended to read:

18         548.025  License fees.--

19         (1)  The commission shall set license fees as follows:

20         (1)(a)  Promoter, matchmaker--not to exceed $500.

21         (2)(b)  Any other license--not to exceed $100.

22         (2)  The commission may issue licenses, without charge,

23  to referees and physicians authorizing them to officiate only

24  at matches involving amateurs.

25         Section 112.  Section 548.041, Florida Statutes, is

26  amended to read:

27         548.041  Age of boxers.--A person under 18 years of age

28  may not participate in any match, except that an amateur who

29  is 16 or 17 years of age may participate in matches with other

30  amateurs who are 16 or 17 years of age under rules adopted by

31  the commission.

                                  38
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1         Section 113.  Section 548.042, Florida Statutes, is

 2  amended to read:

 3         548.042  Participation under fictitious name.--A person

 4  may not participate under a fictitious or assumed name in any

 5  match involving an amateur unless she or he has registered the

 6  name with the commission.

 7         Section 114.  Subsections (2) and (3) of section

 8  548.043, Florida Statutes, are amended to read:

 9         548.043  Weights and classes, limitations; gloves.--

10         (2)  The commission shall establish by rule the

11  acceptable No boxing match shall be held in which the

12  difference in weight between of the participants; however, the

13  maximum difference in weight shall not exceed 12 exceeds 10

14  pounds, except matches in the cruiserweight light-heavyweight

15  and heavyweight classes and exhibitions held solely for

16  training purposes.

17         (3)  The commission shall establish by rule the

18  appropriate weight of boxing gloves to be used in each boxing

19  match; however, all participants in boxing matches shall wear

20  boxing gloves weighing not less than 8 6 ounces each.

21  Participants in all other types of matches shall wear such

22  protective devices as the commission deems necessary.

23         Section 115.  Subsections (1), (2), and (3) of section

24  548.045, Florida Statutes, are amended to read:

25         548.045  Medical advisory council; qualifications,

26  compensation, powers and duties.--

27         (1)  A medical advisory council, which shall consist of

28  five members appointed by the Governor, is created.  Each

29  member must be licensed to practice medicine in this state,

30  must maintain an unencumbered license in good standing, and

31  must, at the time of her or his appointment, have practiced

                                  39
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  medicine at least 5 years.

 2         (2)  Initially, two of the members shall be appointed

 3  for terms of 1 year, one member shall be appointed for a term

 4  of 2 years, one member shall be appointed for a term of 3

 5  years, and one member shall be appointed for a term of 4

 6  years. The term of each member thereafter appointed, except to

 7  fill a vacancy, shall be 2 4 years.

 8         (3)  The Governor shall designate one of the members of

 9  the council as its chair.

10         Section 116.  Subsection (2) of section 548.046,

11  Florida Statutes, is amended to read:

12         548.046  Physician's attendance at match; examinations;

13  cancellation of match.--

14         (2)  In addition to any other required examination,

15  each participant shall be examined by the attending physician

16  at the time of weigh-in within 12 hours before she or he

17  enters the ring.  If the physician determines that a

18  participant is physically or mentally unfit to proceed, the

19  physician shall notify any commissioner or the commission

20  representative deputy in charge who shall immediately cancel

21  the match.  The examination shall conform to rules adopted by

22  the commission based on the advice of the medical advisory

23  council. The result of the examination shall be reported in a

24  writing signed by the physician and filed with the commission

25  prior to completion of the weigh-in within 72 hours after the

26  match.

27         Section 117.  Subsections (3) and (4) of section

28  548.05, Florida Statutes, are amended to read:

29         548.05  Control of contracts.--

30         (3)  The commission may require that each contract

31  contain language authorizing the Florida State Boxing Athletic

                                  40
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  Commission to withhold any or all of any manager's share of a

 2  purse in the event of a contractual dispute as to entitlement

 3  to any portion of a purse.  The commission may establish rules

 4  governing the manner of resolution of such dispute.  In

 5  addition, if the commission deems it appropriate, the

 6  commission is hereby authorized to implead interested parties

 7  over any disputed funds into the appropriate circuit court for

 8  resolution of the dispute prior to release of all or any part

 9  of the funds.

10         (4)  Each contract subject to this section shall

11  contain the following clause: "This agreement is subject to

12  the provisions of chapter 548, Florida Statutes, and to the

13  rules of the Florida State Boxing Athletic Commission and to

14  any future amendments of either."

15         Section 118.  Section 548.053, Florida Statutes, is

16  amended to read:

17         548.053  Distribution of purses to participants;

18  statements.--

19         (1)  Unless otherwise directed by a representative of

20  the commission, all purses shall be distributed by the

21  promoter no later than 24 hours after the match.  A written

22  statement showing the distribution of the purse, including

23  each item of receipt and each expenditure or deduction, shall

24  be furnished to the participant and her or his manager,

25  together with the participant's share of the purse.  The

26  promoter shall retain file a copy of the statement, certified

27  by her or him to be correct, with receipted vouchers for all

28  expenditures and deductions, for a period to be designated by

29  the commission, which copy shall be provided to the commission

30  upon demand with the commission no later than 72 hours after

31  the match.

                                  41
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1         (2)  Unless otherwise directed by a representative of

 2  the commission, a manager shall furnish to the participant she

 3  or he manages a statement of distribution, together with the

 4  participant's share of the purse, no later than 24 hours after

 5  the manager receives the purse and statement from the

 6  promoter.  The manager shall retain file a copy of the

 7  statement, certified by her or him to be correct, with

 8  receipted vouchers for all expenditures and deductions, for a

 9  period to be designated by the commission, which copy shall be

10  provided to the commission upon demand with the commission no

11  later than 72 hours after the manager receives the

12  distribution from the promoter.

13         Section 119.  Subsection (1) of section 548.054,

14  Florida Statutes, is amended to read:

15         548.054  Withholding of purses; hearing; disposition of

16  withheld purse forfeiture.--

17         (1)  A member of the commission, the commission

18  representative the deputy in charge, or the referee may order

19  a promoter to surrender to the commission withhold any purse

20  or other funds payable to a participant, or to withhold the

21  share of any manager, if it appears that:

22         (a)  The participant is not competing honestly, or is

23  intentionally not competing to the best of her or his ability

24  and skill, in a match represented to be a contest; or

25         (b)  The participant, her or his manager, or any of the

26  participant's seconds has violated this chapter.

27         Section 120.  Subsections (2) and (3) of section

28  548.057, Florida Statutes, are amended to read:

29         548.057  Attendance of referee and judges at match;

30  scoring; seconds.--

31         (2)  At each boxing contest, at the expense of the

                                  42
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  promoters, three judges appointed by the executive director as

 2  delegated by the commission shall attend and shall render

 3  their individual decisions in writing on scorecards supplied

 4  by the commission at the end of each contest which continues

 5  for the scheduled number of rounds.  Each judge shall have one

 6  vote, and a majority of the votes cast shall determine the

 7  winner.

 8         (3)  The commission shall ensure that all referees,

 9  judges, and other officials are Florida-licensed officials

10  qualified pursuant to rules of the commission and that no

11  sanctioning organization or promoter has been permitted to

12  influence the appointment of any officials, and shall

13  prescribe the methods of scoring.

14         Section 121.  Subsection (12) of section 548.071,

15  Florida Statutes, is amended to read:

16         548.071  Suspension or revocation of license or permit

17  by commission.--The commission may suspend or revoke a license

18  or permit if the commission finds that the licensee or

19  permittee:

20         (12)  Has been disciplined by the Florida State Boxing

21  Athletic Commission or similar agency or body of any

22  jurisdiction.

23         Section 122.  Section 548.077, Florida Statutes, is

24  amended to read:

25         548.077  Florida State Boxing Athletic Commission;

26  collection and disposition of moneys.--All fees, fines,

27  forfeitures, and other moneys collected under the provisions

28  of this chapter shall be paid by the commission to the State

29  Treasurer who, after the expenses of the commission are paid,

30  shall deposit them in the Professional Regulation Trust Fund

31  to be used for the administration and operation of the

                                  43
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1  commission and to enforce the laws and rules under its

 2  jurisdiction.  In the event the unexpended balance of such

 3  moneys collected under the provisions of this chapter exceeds

 4  $250,000, any excess of that amount shall be deposited in the

 5  General Revenue Fund.

 6

 7  (Redesignate subsequent sections.)

 8

 9

10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         On page 169, line 7, delete that line

13

14  and insert:

15         An act relating to commerce; amending s. 11.62,

16         F.S.; providing criteria for evaluating

17         proposals for new regulation of a profession or

18         occupation based on the effect of such

19         regulation on job creation or retention;

20         requiring proponents of legislation to regulate

21         a profession or occupation not already

22         regulated to provide additional cost

23         information; amending ss. 455.201, 455.517,

24         F.S.; prohibiting the Department of Business

25         and Professional Regulation and the Department

26         of Health and their regulatory boards from

27         creating any regulation that has an

28         unreasonable effect on job creation or

29         retention or on employment opportunities;

30         providing for evaluation of proposals to

31         increase the regulation of already regulated

                                  44
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1         professions to determine the effect of such

 2         regulation on job creation or retention and

 3         employment opportunities; creating s. 455.2035,

 4         F.S.; providing rulemaking authority to the

 5         Department of Business and Professional

 6         Regulation for the regulation of any profession

 7         under its jurisdiction which does not have a

 8         regulatory board; creating s. 455.2123, F.S.;

 9         authorizing the use of distance learning to

10         satisfy continuing education requirements;

11         creating s. 455.2124, F.S.; authorizing

12         proration of continuing education requirements;

13         amending s. 455.213, F.S.; requiring

14         fingerprint cards with applications for

15         registration, certification, or licensure in

16         certain professions; providing for use of such

17         cards for criminal history record checks of

18         applicants; amending s. 468.453, F.S.; applying

19         such fingerprint card requirements to

20         applicants for licensure as an athlete agent;

21         amending s. 475.175, F.S.; applying such

22         fingerprint card requirements to persons

23         applying to take the examination for licensure

24         as a real estate broker or salesperson;

25         amending s. 475.615, F.S.; applying such

26         fingerprint card requirements to applicants for

27         registration, certification, or licensure as a

28         real estate appraiser; creating s. 455.2255,

29         F.S.; providing for the department to classify

30         disciplinary actions according to severity;

31         providing for the periodic clearing of certain

                                  45
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1         violations from the disciplinary record;

 2         amending s. 455.227, F.S.; providing for denial

 3         or renewal of a license under certain

 4         circumstances; amending s. 455.564, F.S.;

 5         clarifying continuing education requirements;

 6         amending s. 477.013, F.S.; redefining the terms

 7         "cosmetology" and "specialty" and defining the

 8         terms "body wrapping" and "skin care services";

 9         amending s. 477.0132, F.S.; requiring

10         registration of persons whose occupation or

11         practice is body wrapping; requiring a

12         registration fee and certain education;

13         amending s. 477.026, F.S.; providing for the

14         registration fee; amending s. 477.0265, F.S.;

15         prohibiting advertising or implying that skin

16         care services or body wrapping have any

17         relationship to the practice of massage

18         therapy; providing penalties; amending s.

19         477.029, F.S.; prohibiting holding oneself out

20         as a body wrapper unless licensed, registered,

21         or otherwise authorized under chapter 477,

22         F.S.; providing penalties; providing rulemaking

23         authority; amending ss. 455.209, 455.221,

24         455.541, and 455.594, F.S.; revising provisions

25         relating to the provision of legal services for

26         regulatory boards under the Department of

27         Business and Professional Regulation and the

28         Department of Health; providing for the funding

29         of such services; amending ss. 458.347 and

30         459.022, F.S., relating to physician

31         assistants, to conform; creating s. 455.2177,

                                  46
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1         F.S.; requiring the department to establish a

 2         system to monitor licensee compliance with

 3         applicable continuing education requirements;

 4         authorizing the department to contract with one

 5         or more vendors for the monitoring of

 6         compliance with applicable continuing education

 7         requirements by all licensees within one or

 8         more professions regulated by the department;

 9         providing contract terms and conditions;

10         providing for funding of contracts; providing

11         sanctions for failure to comply and requiring

12         notice thereof; providing for disposition of

13         fine revenues; providing for exclusivity of

14         sanctions over certain other disciplinary

15         provisions; providing for a dispute resolution

16         process; providing for suspension of a contract

17         for failure of a vendor to meet its contract

18         obligations; providing for waiver under

19         specified circumstances; providing rulemaking

20         authority; creating s. 455.2178, F.S.;

21         providing requirements of continuing education

22         providers with respect to cooperating with such

23         vendors; providing conditions on approval of

24         continuing education providers; providing for

25         revocation of provider approval for failure to

26         comply; providing rulemaking authority;

27         creating s. 455.2179, F.S.; providing limits on

28         continuing education provider approval;

29         providing for cease and desist orders and

30         revocation of provider approval thereunder;

31         amending s. 455.2281, F.S.; providing for

                                  47
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1         allocation of certain funds to cover the costs

 2         of continuing education compliance monitoring;

 3         providing for crediting, by profession, fines

 4         collected under the compliance monitoring

 5         system; providing for inclusion of financial

 6         and statistical data resulting from compliance

 7         monitoring as a separate category in the

 8         department's quarterly management report to

 9         each board; amending s. 455.224, F.S.;

10         providing for adoption by the department of

11         rules to permit the issuance of citations,

12         whether or not there is a board; amending s.

13         468.4315, F.S.; authorizing the Regulatory

14         Council of Community Association Managers to

15         adopt rules relating to continuing education

16         providers; amending s. 477.019, F.S.; revising

17         provisions relating to continuing education

18         requirements of cosmetologists; amending s.

19         310.151, F.S.; providing exceptions and special

20         requirements concerning administrative

21         proceedings involving rates of pilotage;

22         amending s. 548.002, F.S.; providing

23         definitions; amending s. 548.003, F.S.;

24         changing the name of the commission to the

25         Florida State Boxing Commission; assigning the

26         commission to the Department of Business and

27         Professional Regulation for administrative and

28         fiscal accountability purposes only; providing

29         procedures for filling vacancies on commission;

30         expanding scope of rules; eliminating branch

31         offices; requiring selection of vice chair;

                                  48
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1         providing for removal of commission members for

 2         specified absences; providing accountability

 3         for commission members; increasing compensation

 4         rate for attendance of meetings; authorizing

 5         membership and participation by the commission

 6         in specified associations; providing rulemaking

 7         authority; amending s. 548.004, F.S.; providing

 8         for an executive director employed by the

 9         department; providing additional duties of the

10         executive director; eliminating the appointment

11         of deputies; requiring electronic recording of

12         commission proceedings; requiring the

13         department to provide assistance to the

14         commission under certain circumstances;

15         creating s. 548.005, F.S.; requiring the

16         department to oversee the activities of the

17         commission; providing for long-range policy

18         planning, and preparation of plans, reports,

19         and recommendations; requiring submission to

20         the Governor and Legislature; amending s.

21         548.006, F.S.; providing that matches shall be

22         held in accordance with commission rules;

23         amending s. 548.007, F.S.; providing for

24         applicability of the act to toughman and badman

25         competitions; amending s. 548.008, F.S.;

26         prohibiting professional or amateur toughman

27         and badman competitions; providing a penalty;

28         amending s. 548.014, F.S.; requiring surety

29         bond to apply to promoters or foreign

30         copromoters; increasing the minimum amount for

31         surety bond; revising options to surety bond;

                                  49
    10:37 AM   04/30/99                             s1566c2c-0520b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.    





 1         eliminating a filing fee; amending ss. 548.025,

 2         548.041, and 548.042, F.S.; removing provisions

 3         relating to amateurs and amateur matches;

 4         amending s. 548.043, F.S.; revising provisions

 5         regulating weights, classes, and gloves;

 6         amending s. 548.045, F.S.; revising provisions

 7         relating to the medical advisory council;

 8         revising terms of council members; amending s.

 9         548.046, F.S.; revising the time for

10         examination of participants by physician and

11         filing of physician report; amending s.

12         548.053, F.S.; revising provisions relating to

13         distribution of purses to participants;

14         requiring promoters and managers to retain

15         certain information for a designated time;

16         amending s. 548.054, F.S.; designating those

17         persons authorized to order the surrender of a

18         purse or the withholding of a manager's share;

19         amending s. 548.057, F.S.; providing for

20         appointment of judges at a boxing match;

21         requiring certain qualifications for referees,

22         judges, and officials; removing the requirement

23         that scorecards be turned in at the end of each

24         contest; amending ss. 548.05, 548.071, and

25         548.077, F.S., to conform;

26

27

28

29

30

31

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