Senate Bill sb2042c1

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    Florida Senate - 2002                           CS for SB 2042

    By the Committee on Governmental Oversight and Productivity;
    and Senators Clary and Crist




    302-2240-02

  1                      A bill to be entitled

  2         An act relating to the Board of Architecture

  3         and Interior Design; amending s. 481.205, F.S.;

  4         delegating to the board the duties and

  5         authority of the Department of Business and

  6         Professional Regulation to investigate and

  7         prosecute the practice and unlicensed practice

  8         of architecture and interior design; requiring

  9         the board to contract with a corporation or

10         other business entity to provide legal,

11         investigative, prosecutorial, and other

12         services; authorizing the board to use funds

13         from the unlicensed activity account to perform

14         certain duties; requiring that the board submit

15         an annual budget to the Legislature; providing

16         an effective date.

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

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20         Section 1.  Section 481.205, Florida Statutes, is

21  amended to read:

22         481.205  Board of Architecture and Interior Design.--

23         (1)  The Board of Architecture and Interior Design is

24  created within in the Department of Business and Professional

25  Regulation. The board shall consist of 11 members. Five

26  members must be registered architects who have been engaged in

27  the practice of architecture for at least 5 years; three

28  members must be registered interior designers who have been

29  offering interior design services for at least 5 years and who

30  are not also registered architects; and three members must be

31  laypersons who are not, and have never been, architects,

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    Florida Senate - 2002                           CS for SB 2042
    302-2240-02




  1  interior designers, or members of any closely related

  2  profession or occupation. At least one member of the board

  3  must be 60 years of age or older.

  4         (2)  Members shall be appointed for 4-year staggered

  5  terms.

  6         (3)(a)  Notwithstanding the provisions of ss. 455.225,

  7  455.228, and 455.32, the duties and authority of the

  8  department to receive complaints, investigate, and discipline

  9  persons licensed under this part, including the ability to

10  determine legal sufficiency and probable cause; initiate

11  proceedings and issue final orders for summary suspension or

12  restriction of a license pursuant to s. 120.60(6); issue

13  notices of noncompliance, notices to cease and desist,

14  subpoenas, and citations; retain legal counsel, investigators,

15  or prosecutorial staff in connection with the licensed

16  practice of architecture and interior design; and investigate

17  and deter the unlicensed practice of architecture and interior

18  design as provided in s. 455.228 are delegated to the board.

19  All complaints and any information obtained pursuant to an

20  investigation authorized by the board shall be confidential

21  and exempt from s. 119.07(1) as provided in s. 455.225(10).

22         (b)  Notwithstanding the provisions of s. 455.32(14),

23  the board, in lieu of the department, shall contract with a

24  corporation or other business entity pursuant to s. 287.057(3)

25  to provide investigative, legal, prosecutorial, and other

26  services necessary to perform its duties. The corporation or

27  business entity shall comply with all the recordkeeping and

28  reporting requirements of s. 455.32 applicable to the scope of

29  the contract and shall report directly to the board in lieu of

30  the department. Records of the corporation or other business

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    Florida Senate - 2002                           CS for SB 2042
    302-2240-02




  1  entity contracting with the board shall be considered public

  2  records as specified in s. 455.32(15).

  3         (c)  Notwithstanding the provisions of s. 455.228, the

  4  board may use funds in the unlicensed activity account

  5  established under s. 455.2281 to perform its duties under this

  6  subsection.

  7         (d)  The board shall submit an annual budget to the

  8  Legislature for the purpose of funding its activities under

  9  this subsection, which must be separate from the budget

10  submitted by the department to the Legislature.

11         Section 2.  This act shall take effect July 1, 2002.

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13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                         Senate Bill 2042

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16  Clarifies what authority is delegated by the Legislature to
    the board.
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    Clarifies what services the board can contract for with a
18  private corporation or other business entity.

19  Establishes a duty on the board and the entity with which it
    contracts to meet requirements of s. 455.32, F.S., which
20  provides for accountability.

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