Senate Bill sb0060

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    Florida Senate - 2001        (NP)                        SB 60

    By Senator Clary





    7-62-01

  1                      A bill to be entitled

  2         An act for the relief of Santa Rosa County;

  3         providing an appropriation to compensate the

  4         county for losses sustained by the

  5         inappropriate actions of employees of the

  6         Department of Business and Professional

  7         Regulation; providing an effective date.

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  9         WHEREAS, Martin Riley, George Parker, and Randy Jones,

10  three Santa Rosa County employees licensed under part XII of

11  chapter 468, Florida Statutes, the Building Code

12  Administrators and Inspectors regulatory law, were notified in

13  September 1997 that they were under investigation by the

14  Department of Business and Professional Regulation, and

15         WHEREAS, staff of the department refused for over 18

16  months to provide Santa Rosa County or the employees with any

17  information regarding the status of the investigation, and

18         WHEREAS, the acting general counsel for the department

19  later indicated that disciplinary investigations should be

20  completed within 6 months under section 455.225, Florida

21  Statutes, and

22         WHEREAS, the bad-faith action of the department staff

23  was further demonstrated when they attempted to obstruct Santa

24  Rosa County's lawful payment of the employees' defense costs,

25  and

26         WHEREAS, on July 20, 1999, the State Building Code

27  Administrators and Inspectors Board found that no probable

28  cause existed that a violation of chapter 468, Florida

29  Statutes, had occurred, and

30         WHEREAS, the prolonged investigation by the department

31  significantly disrupted the county's inspection department by

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    Florida Senate - 2001        (NP)                        SB 60
    7-62-01




  1  preventing the affected employees from upgrading their state

  2  certification, and

  3         WHEREAS, the unprofessional animosity of certain

  4  Department of Business and Professional Regulation employees

  5  against Santa Rosa County was further demonstrated when the

  6  department insisted that the state license of Charles Hoodless

  7  be revoked even though the department's own rules provided

  8  that if the charge against Mr. Hoodless was proven, revocation

  9  of his license was not the proper punishment, and

10         WHEREAS, Santa Rosa County was required to expend

11  approximately $25,000 to defend Mr. Hoodless, and

12         WHEREAS, Santa Rosa County was required to expend a

13  total of $54,757.10 in defense of its four employees against

14  the inappropriate investigations by the Department of Business

15  and Professional Regulation, NOW, THEREFORE,

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

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19         Section 1.  The facts stated in the preamble to this

20  act are found and declared to be true.

21         Section 2.  The sum of $54,757.10 is appropriated out

22  of funds in the State Treasury to the credit of the Department

23  of Business and Professional Regulation to be paid to Santa

24  Rosa County as relief for its losses.

25         Section 3.  The Comptroller is directed to draw a

26  warrant in favor of Santa Rosa County in the amount of

27  $54,757.10 from funds in the State Treasury to the credit of

28  the Department of Business and Professional Regulation not

29  otherwise appropriated, and the Treasurer is directed to pay

30  that amount out of those funds.

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    Florida Senate - 2001        (NP)                        SB 60
    7-62-01




  1         Section 4.  This act shall take effect upon becoming a

  2  law.

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  5                          SENATE SUMMARY

  6    Provides an appropriation for the relief of Santa Rosa
      County for losses sustained by the inappropriate actions
  7    of employees of the Department of Business and
      Professional Regulation.
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