Senate Bill sb2306

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    Florida Senate - 2002                                  SB 2306

    By Senator Saunders





    25-1125-02

  1                      A bill to be entitled

  2         An act relating to the Board of Dentistry;

  3         providing authority for the board to outsource

  4         functions currently provided by the Department

  5         of Health or the Attorney General; providing

  6         guidelines and specifications regarding

  7         contracts for outsourcing; requiring a report;

  8         providing for future repeal; providing an

  9         effective date.

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

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13         Section 1.  Board of Dentistry outsourcing authority.--

14         (1)  The Board of Dentistry may hire employees or

15  contract with private entities or individuals to provide

16  support functions currently provided to it by the Department

17  of Health or the Office of the Attorney General, whichever the

18  board determines can be delivered more efficiently or

19  cost-effectively. Such support services must be under the

20  supervision of the board and may include all board management,

21  administrative, and legal functions, products, tasks, or

22  services that are reasonably necessary for the board to carry

23  out its regulatory responsibilities. The services may include

24  those needed to plan and conduct board meetings; investigate

25  and examine licensure and permit applicants; collect

26  examination, licensure, and permit fees; track and enforce

27  continuing education credits, including compliance audits;

28  design, administer and grade licensure examinations; issue,

29  suspend, and revoke licenses and permits; investigate

30  complaints and prosecute disciplinary actions against

31  licensees and permitees; audit, budget, and account for

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    Florida Senate - 2002                                  SB 2306
    25-1125-02




  1  revenues and expenditures that relate to outsourcing,

  2  including meeting and support services; and owning, leasing,

  3  and managing facilities and required equipment. However, the

  4  board may not contract with any private entity or individual

  5  to administer or control any aspect of the board's

  6  responsibility that undermines the board's lawfully delegated

  7  police powers.

  8         (2)  To the extent the board hires employees or

  9  contracts with private vendors to perform support services,

10  the corresponding authority of the department to provide

11  corresponding services to the board shall discontinue. Within

12  the scope of its outsourcing authority and to the extent such

13  authority is exercised, the board shall fulfill the same

14  obligations and duties and have the same authority as

15  delegated to the department and the chair of the board shall

16  have the same authority as the Secretary of Health with

17  respect to the issuance of emergency orders. The secretary,

18  however, may challenge any emergency suspension order issued

19  by the chair.

20         (3)  Employees of the board are public employees for

21  purposes of chapters 110 and 112, Florida Statutes, and

22  subject to the provisions of section 112.061, Florida

23  Statutes.

24         (4)  Contracts between the board and private entities

25  must be in writing and include:

26         (a)  The quality and quantity of goods or services to

27  be provided;

28         (b)  The timeframe for the completion of each specified

29  and measurable item;

30         (c)  Appropriate reporting requirements of the vendor;

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    Florida Senate - 2002                                  SB 2306
    25-1125-02




  1         (d)  A provision granting the board the right to

  2  inspect and audit at all reasonable times the vendor's records

  3  and accounts which pertain to the contract;

  4         (e)  A provision that automatically terminates the

  5  contract without recourse against the board if a function

  6  delegated to the vendor is found by a court of competent

  7  jurisdiction, or the independent judgment of the board, to

  8  interfere with the board's lawfully delegated police powers,

  9  except as to the vendor's responsibility to indemnify the

10  board for any liability that may arise from the vendor's

11  unlawful use of such delegated power;

12         (f)  A provision that requires the vendor's continuing

13  compliance with laws and rules of the board;

14         (g)  A provision that provides for the automatic

15  termination of the contract if the board's outsourcing

16  authority is repealed.

17         (h)  Any other provision deemed reasonable and prudent

18  by the board and otherwise required by law.

19         (5)  To the extent the board exercises its outsourcing

20  authority, the anticipated cost of board personnel, each

21  vendor contract, and all related financial transactions

22  arising as a result of a vendor's performance under the

23  contract must be included in the department's legislative

24  budget request on behalf of the board and be presented by the

25  department without commingling, modification, or alteration.

26         (6)  Funds held for the regulation of dentists and

27  dental hygienists in the Medical Quality Assurance Trust Fund:

28         (a)  Shall be used by the board to defray all costs of

29  obtaining support services authorized in this section;

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    Florida Senate - 2002                                  SB 2306
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  1         (b)  May be allocated only from dentistry accounts in

  2  the trust fund upon the prior written approval of the board;

  3  and

  4         (c)  May not be commingled with funds held on behalf of

  5  any other profession or regulatory board.

  6         (7)  The board must submit a report annually, pursuant

  7  to the requirements of section 456.026, Florida Statutes, on

  8  the status of all contracts authorized in this section. The

  9  report shall include the following information:

10         (a)  The name and address of the vendor;

11         (b)  A summary description of the nature of services

12  performed by the vendor;

13         (c)  The effective date of each vendor's agreement with

14  the board, its anticipated termination date or, where

15  applicable, a statement concerning whether the agreement has a

16  provision for automatic renewal and the length of the initial

17  and each renewal term;

18         (d)  The estimated annualized cost of services provided

19  by the vendor;

20         (e)  A statement summarizing any specialized

21  qualifications of the vendor which pertain to the delivery of

22  services to the board; and

23         (f)  A statement estimating the potential benefit or

24  cost expected to occur from utilizing the services of the

25  vendor in lieu of performing the same services in-house,

26  whether by department or board personnel.

27         (8)  Any support services that are currently provided

28  to or on direct behalf of the board by a written agreement

29  secured by another department or agency may not be terminated

30  prior to the normal expiration date of the agreement unless

31  such termination can be accomplished without additional cost

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    Florida Senate - 2002                                  SB 2306
    25-1125-02




  1  to the state. Any agency having an outstanding contract that

  2  inures to the direct benefit of the board shall notify the

  3  board of the existence of such a contract and its applicable

  4  terms by August 1, 2002.

  5         (9)  This section expires July 1, 2006.

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

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  9                          SENATE SUMMARY

10    Provides for the Board of Dentistry to contract with
      private entities to provide for outsourced functions
11    currently provided by the Department of Health or the
      Attorney General. (See bill for details.)
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