Senate Bill 2580

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    Florida Senate - 2000                                  SB 2580

    By Senator Clary





    7-1128A-00

  1                      A bill to be entitled

  2         An act relating to privatization of

  3         professional licensing and investigative

  4         functions; creating s. 455.30, F.S.; creating

  5         the Management Privatization Act; allowing the

  6         Department of Business and Professional

  7         Regulation to contract with a private entity to

  8         provide specified support services for

  9         professional licensing boards, commissions, and

10         councils; requiring such a contract on behalf

11         of the Board of Architecture and Interior

12         Design; providing powers and responsibilities

13         of the department and the private entity;

14         maintaining the confidentiality of information;

15         establishing reporting and audit requirements;

16         providing for sovereign immunity; providing an

17         appropriation; providing for expiration of the

18         act; providing an effective date.

19

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

21

22         Section 1.  Section 455.30, Florida Statutes, is

23  created to read:

24         455.30  Management Privatization Act.--

25         (1)  This section may be cited as the "Management

26  Privatization Act."

27         (2)  At the request of any board, commission, or

28  council assigned to the department, the department may

29  contract with a corporation or other business entity to

30  perform support services for that board, commission, or

31  council. The contract must comply with this section and other

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    Florida Senate - 2000                                  SB 2580
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  1  applicable laws and must be approved by the board, commission,

  2  or council before the department enters into the contract. The

  3  department shall retain responsibility for its duties relating

  4  to its police powers and any other duty that is not provided

  5  to the corporation by the contract. The contract must provide,

  6  at a minimum, that:

  7         (a)  The corporation provide administrative,

  8  investigative, examination, licensing, and prosecutorial

  9  support services in accordance with this section and the

10  practice act of the profession. With approval of the

11  department, the corporation may subcontract for any of these

12  services.

13         (b)  The corporation use computer technology,

14  compatible with that used by the department, to ensure

15  compatibility and availability to the public of information

16  provided for other professions by the department.

17         (c)  The corporation submit an annual budget for

18  approval by the board, commission, or council and by the

19  department.

20         (d)  The corporation keep financial and statistical

21  information necessary to disclose its financial and

22  operational condition when requested by the Office of Program

23  Policy Analysis and Governmental Accountability, the Auditor

24  General, or the department.

25         (e)  Methods and procedures are established to resolve

26  any noncompliance by the corporation, as provided in

27  subsection (9).

28         (f)  The corporation provide to the board, commission,

29  or council and to the department, by October 1 of each year, a

30  report describing all of the corporation's activities for the

31  previous fiscal year. The report must include:

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    Florida Senate - 2000                                  SB 2580
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  1         1.  The results of any audit performed under subsection

  2  (8), including financial reports and performance audits;

  3         2.  The number of license applications received, the

  4  number of applications approved and denied, the number of

  5  licenses issued, and the average time required to issue a

  6  license;

  7         3.  The number of examinations administered and the

  8  number of applicants who passed and the number of applicants

  9  who failed the examination;

10         4.  The number of complaints received, the number of

11  complaints determined to be legally sufficient, the number of

12  complaints dismissed, and the number of complaints for which

13  probable cause was found;

14         5.  The number of administrative complaints issued and

15  the status of those complaints;

16         6.  The number and nature of disciplinary actions taken

17  by the board, commission, or council;

18         7.  A listing of all revenue received and all expenses

19  incurred by the corporation during the previous 12 months; and

20         8.  The status of the compliance of the corporation

21  with all performance-based program measures adopted by the

22  board, commission, or council.

23         (3)  Section 768.28 applies to the corporation, which

24  is deemed to be a corporation primarily acting as an

25  instrumentality of the state, but which is not an agency

26  within the meaning of s. 20.03(11).

27         (4)  The corporation shall be funded through

28  appropriations allocated to the regulation of the relevant

29  profession from the Professional Regulation Trust Fund.

30         (5)  Whenever the corporation is no longer approved to

31  operate for the board, commission, or council or the board,

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  1  commission, or council ceases to exist, moneys and property

  2  held in trust by the corporation for the benefit of the board,

  3  commission, or council shall revert to the board, commission,

  4  or council or to the state if the board, commission, or

  5  council ceases to exist.

  6         (6)  An executive director, appointed pursuant to s.

  7  455.203, shall supervise the activities of the corporation.

  8  The executive director shall be an employee of the department

  9  and shall serve as a liaison between the corporation and the

10  department and the board, commission, or council and shall

11  ensure that the corporation does not exercise the police

12  powers of the state.

13         (7)  The corporation may not exercise any authority

14  assigned to the department or the board, commission, or

15  council under part I of chapter 455 or the practice act of the

16  relevant profession, including determining legal sufficiency

17  and probable cause to pursue disciplinary action against a

18  licensee, taking final action on license applications or in

19  disciplinary cases, or adopting administrative rules under

20  chapter 120.

21         (8)  This section does not affect the duty of the

22  Auditor General to audit the corporation. The Auditor General

23  shall conduct annual audits, including financial reports and

24  performance audits. Additionally, the department may request

25  an independent audit at the expense of the corporation.

26         (9)  The board, commission, or council and the

27  department shall annually certify that the corporation is

28  complying with the terms of the contract in a manner

29  consistent with the goals and purposes of the board,

30  commission, or council and in the best interest of the state.

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  1         (10)  This section does not limit the ability of the

  2  corporation to enter into contracts and perform all other acts

  3  incidental to those contracts that are necessary for the

  4  administration of its affairs and the accomplishment of its

  5  purposes.

  6         (11)  The corporation may acquire by lease, and

  7  maintain, use, and operate, any real or personal property

  8  necessary to perform its duties.

  9         (12)  By October 1, 2000, the department shall contract

10  for support services pursuant to subsection (2) to provide

11  services on behalf of the Board of Architecture and Interior

12  Design. 

13         (13)  The department shall retain independent authority

14  to open, investigate, or prosecute complaints to protect the

15  public health, safety, or welfare, and shall retain sole

16  authority to issue emergency suspension or restriction orders

17  pursuant to s. 120.60 and to prosecute unlicensed activity

18  cases pursuant to ss. 455.228 and 455.2281.

19         (14)  Corporation records are public records subject to

20  s. 119.07(1) and s. 24(a) of Art. I of the State Constitution.

21  However, the public-records exemptions in ss. 455.217 and

22  455.229 for records created or maintained by the department

23  also apply to records created or maintained by the

24  corporation. The exemptions in s. 455.225 relating to

25  complaints and information obtained pursuant to an

26  investigation by the department apply to such records created

27  or obtained by the corporation only while the corporation or a

28  law enforcement agency or administrative agency is proceeding

29  with reasonable dispatch under a reasonable, good-faith belief

30  that it could lead to the filing of administrative, civil, or

31  criminal proceedings, and until either the case is dismissed

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  1  prior to a finding of probable cause and the board,

  2  commission, or council has not exercised its option to pursue

  3  the case or 10 days after the board, commission, or council

  4  makes a determination regarding probable cause. All

  5  information, records, and transcriptions regarding a complaint

  6  that has been determined to be legally sufficient to state a

  7  claim within the jurisdiction of the board, commission, or

  8  council are available to the public when the investigation

  9  ceases to be active, except information that is otherwise

10  confidential or exempt by law. However, in response to an

11  inquiry concerning the licensure status of an individual, the

12  corporation shall disclose the existence of an active

13  investigation if the nature of the violation under

14  investigation involves the potential for substantial physical

15  or financial harm. The department and the board, commission,

16  or council must be given access to all records of the

17  corporation necessary to exercise their authority to approve

18  and administer the contract.

19         (15)  If any provision of this act is held to be

20  unconstitutional or is held to violate the state or federal

21  antitrust laws:

22         (a)  The corporation shall cease exercising any powers

23  and duties enumerated in the act and the department shall

24  resume the performance of such activities. The department

25  shall regain and receive, hold, invest, and administer

26  property and make expenditures for the benefit of the board,

27  commission, or council.

28         (b)  The Executive Office of the Governor,

29  notwithstanding chapter 216, may reestablish positions, budget

30  authority, and salary rate necessary for the department to

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    Florida Senate - 2000                                  SB 2580
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  1  carry out its responsibilities with respect to the board,

  2  commission, or council.

  3         (16)  This section expires on October 1, 2005.

  4         Section 2.  The sum of $500,000 is appropriated to the

  5  Department of Business and Professional Regulation from the

  6  Professional Regulation Trust Fund to be used to defray the

  7  start-up costs incurred by a corporation in implementing any

  8  contract executed pursuant to this act.

  9         Section 3.  This act shall take effect upon becoming a

10  law.

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13                          SENATE SUMMARY

14    Creates the Management Privatization Act to allow the
      Department of Business and Professional Regulation to
15    contract with a private entity to provide certain support
      services for professional boards, commissions, or
16    councils. Requires the department to contract for the
      provision of such services for the Board of Architecture
17    and Interior Design. (See bill for details.)

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