Senate Bill 2418

    Florida Senate - 2000                                  SB 2418

    By Senator Sullivan





    22-1236-00

  1                      A bill to be entitled

  2         An act relating to regulatory boards; amending

  3         s. 455.587, F.S.; providing for the abolition

  4         of any board regulating a profession which has

  5         a negative cash balance for a specified period;

  6         providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Subsection (1) of section 455.587, Florida

11  Statutes, is amended to read:

12         455.587  Fees; receipts; disposition.--

13         (1)  Each board within the jurisdiction of the

14  department, or the department when there is no board, shall

15  determine by rule the amount of license fees for the

16  profession it regulates, based upon long-range estimates

17  prepared by the department of the revenue required to

18  implement laws relating to the regulation of professions by

19  the department and the board.  Each board, or the department

20  if there is no board, shall ensure that license fees are

21  adequate to cover all anticipated costs and to maintain a

22  reasonable cash balance, as determined by rule of the agency,

23  with advice of the applicable board. If sufficient action is

24  not taken by a board within 1 year after notification by the

25  department that license fees are projected to be inadequate,

26  the department shall set license fees on behalf of the

27  applicable board to cover anticipated costs and to maintain

28  the required cash balance. The department shall include

29  recommended fee cap increases in its annual report to the

30  Legislature. Further, it is the legislative intent that no

31  regulated profession operate with a negative cash balance. Any

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






    Florida Senate - 2000                                  SB 2418
    22-1236-00




  1  board that regulates a profession and that has maintained a

  2  negative cash balance for 5 consecutive years is abolished on

  3  the last day of the next regular session of the Legislature

  4  following the end of that 5-year period unless the Legislature

  5  provides adequate funding to cover the costs incurred by the

  6  board in regulating the profession. The department may provide

  7  by rule for advancing sufficient funds to any profession

  8  operating with a negative cash balance. The advancement may be

  9  for a period not to exceed 2 consecutive years, and the

10  regulated profession must pay interest. Interest shall be

11  calculated at the current rate earned on investments of a

12  trust fund used by the department to implement this part.

13  Interest earned shall be allocated to the various funds in

14  accordance with the allocation of investment earnings during

15  the period of the advance.

16         Section 2.  This act shall take effect upon becoming a

17  law.

18

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20                          SENATE SUMMARY

21    Abolishes each board that regulates a profession if that
      board has maintained a negative cash balance for 5
22    consecutive years unless the Legislature provides the
      board adequate funding.
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