SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 274008
CHAMBER ACTION
Senate House
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11 Senator Bennett moved the following amendment to amendment
12 (423980):
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14 Senate Amendment (with title amendment)
15 On page 2, line 22,
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17 insert:
18 Section 45. Section 466.055, Florida Statutes, is
19 created to read:
20 466.055 Board of Dentistry Empowerment Act.--
21 (1) If requested by the Board of Dentistry, it shall
22 direct the department whom to appoint as executive director
23 pursuant to the rules of the state personnel system. The
24 committee conducting interviews of candidates for executive
25 director shall consist of the board chairman or his designee
26 and the secretary or his or her designee. A list of final
27 candidates shall be submitted to the board, which shall
28 approve the candidate to be hired. The approval process shall
29 include the right of the board to interview the list of
30 submitted candidates. The board may reject all the candidates
31 on the submitted list and request that a new list be submitted
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Bill No. CS for SB 2750
Amendment No. ___ Barcode 274008
1 by the interview committee. The executive director shall
2 perform those duties and responsibilities specific to the
3 Board of Dentistry and shall exclusively serve the Board of
4 Dentistry. The board shall monitor the performance of the
5 executive director, based on established performance standards
6 and should the board determine, by a majority vote, that the
7 performance of the executive director is consistently below
8 the performance standards of the board and thus unacceptable,
9 the board shall promptly notify the department of its
10 findings, in writing, and the department shall take
11 appropriate action to replace the executive director, pursuant
12 to the state personnel rules.
13 (2) The executive director shall be responsible for
14 overseeing the hiring of all other staff members who work
15 directly for the executive director and who perform services
16 for the board.
17 (3) The department shall contract for a dental intake
18 officer when requested by the Board of Dentistry in accordance
19 with the state personnel system and qualifications established
20 for such position by the Board of Dentistry. The
21 qualifications for the position shall include a requirement
22 that the candidate be a licensed Florida dentist in good
23 standing.
24 (4) The dental intake officer shall be responsible for
25 determining the legal sufficiency of all dental complaints
26 received by the department within 5 working days after the
27 complaint is filed; advising the board regarding dental health
28 regulation issues; and advising field investigators on dental
29 issues related to the complaints to assure that complaints are
30 properly investigated in a timely and efficacious manner.
31 (5) The Board of Dentistry, in consultation with the
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1 department, shall establish reasonable and comprehensive
2 performance parameters for the prosecution of disciplinary
3 cases by the department. Such parameters shall reflect the
4 quality and quantity of services to be provided to the board,
5 including, but not limited to, the proportion of cases that
6 are successfully prosecuted through final hearing and appeal
7 if such cases involve irremediable harm or injury or the
8 immediate threat of irremediable harm or injury to the
9 patient. The board shall conduct an annual evaluation to
10 determine if the department has met the established
11 performance parameters. A finding by the board that the
12 department has failed to meet established parameters shall
13 enable the board, by a majority vote, to instruct the
14 department to retain sufficient outside contractual
15 prosecutorial services pursuant to s. 287.057(3), to fulfill
16 the immediate and forseeable prosecutorial needs of the board.
17 Contract negotiations and vendor selection shall be conducted
18 in consultation with the chairman of the board or his
19 designee. Each contract for prosecutorial services shall
20 include, at a minimum, the performance parameters developed by
21 the board for its assessment of the department.
22 (6) If requested, a representative of testing services
23 of the Department of Health shall appear before the board, or
24 a committee of the board, following the completion of each
25 examination cycle to discuss examination issues. If the board
26 identifies issues to be addressed, testing services shall
27 report to the board, as requested at the next board meeting,
28 on its progress in addressing the issues identified by the
29 board.
30 (7)(a) In conjunction with each fiscal year budgetary
31 cycle, the department, in consultation with the board, shall
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1 develop a Board of Dentistry spending plan encompassing
2 anticipated revenue of all types along with all anticipated
3 operating expenses of the board and associated support
4 services of the department, which shall include all direct and
5 allocated expenses necessary to enable the board to fulfill
6 its responsibilities. All expenditure detail as provided
7 herein shall reflect the methodology and calculations of the
8 department in allocating common expenses among all regulatory
9 boards.
10 (b) The Board of Dentistry shall have spending
11 authority over discretionary budgetary items, as determined by
12 the department and the board jointly. Discretionary budgetary
13 items shall include the selection of board meeting venue,
14 hotel facilities, and accommodations; travel of board members
15 and necessary staff to all meetings of the board; attendance
16 by board members at meetings and conferences deemed to be
17 important by the board in fulfilling its responsibilities,
18 monitoring performance, and confirming the accuracy of
19 information provided to the board or others which relates to
20 the duties and responsibilities of the board; and an
21 operational contingency. Operational contingency is that
22 portion of cash on hand that exceeds that required for the
23 5-year spending plan as described in s. 456.005. The
24 operational contingency may be used for a special project by
25 the board in fulfilling its responsibilities if a deficit does
26 not or would not exist for the profession. In exercising its
27 spending authority over discretionary budget items, the board
28 must adhere to all applicable state laws and directives;
29 assure that all meeting locations are accessible to the public
30 and licensees; assure that board meetings are conducted in an
31 effective and efficient manner for the public and licensees;
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1 assure that the minimal number of board members or staff
2 attend any meeting or conference; and assure the maximum use
3 of technology. When requested by the board, the department
4 shall provide timely procurement assistance to facilitate all
5 discretionary expenditures of the board.
6 (8)(a) The department shall submit a report to the
7 Governor, the President of the Senate, and the Speaker of the
8 House of Representatives by November 1 of each year on the
9 effectiveness and efficiency of this section, including:
10 1. The revenues, expenditures, and cash balances for
11 the prior year, and a review of the adequacy of existing
12 revenues;
13 2. The nature and extent of all services provided to
14 the board by the department;
15 3. The total cost allocated by the department for each
16 service provided by the department to the board and the amount
17 and percent by which each cost is appropriate to dentistry's
18 pro-rata share of the total cost of such services provided by
19 the department to all affected boards, councils, and
20 professions;
21 4. The number of licensure examinations taken, the
22 fees collected for licensure examination, and the time from
23 which a candidate for licensure completed the required
24 examination to the time in which the candidate received the
25 results;
26 5. The number of licenses issued, revoked, or
27 suspended;
28 6. The number of disciplinary complaints received,
29 determined to be legally sufficient, investigated, referred to
30 the board's probable cause panel, prosecuted, subject to final
31 board action, and appealed; the number, maximum, and average
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1 duration of licenses suspended; the number of licenses
2 revoked; the number of cases spanning more than 180,270, and
3 365 days from receipt of complaints to submission to the
4 board's probable cause panel; the proportion of cases which
5 were eligible for and the number of cases actually resolved by
6 citation; the proportion of cases where probable cause was
7 found; the number of cases were probable cause was found that
8 were not prosecuted or that did not result in stipulated
9 agreements; the number of cases involving stipulated
10 agreements; the number of cases involving stipulated
11 agreements which were changed by the board and the number of
12 cases involving stipulated agreements that were rejected
13 without modification by the board; the number of cases taking
14 in excess of 1 year from the date of receipt of a complaint to
15 final board action; the number of cases involving formal
16 hearings; the status of all cases appealed; the number of
17 cases where licensure suspension or revocation was stayed
18 pending appeal; the number of emergency suspension orders
19 issued; the average and maximum range of costs of complaint
20 investigations and prosecutions; and the amount of fines and
21 expenses collected by type of cases prosecuted;
22 7. The status of the development and implementation of
23 rules providing for disciplinary guidelines pursuant to s.
24 456.079; and
25 8. Such recommendations for administrative and
26 statutory changes necessary to facilitate efficient and
27 cost-effective operation of the board and the department.
28 (b) The department shall include in the report any
29 statement, comment, suggestion, recommendation, or objection
30 made by the board in response to the report.
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SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 274008
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 3, line 4, after the semicolon,
4
5 insert:
6 creating s. 466.055, F.S.; providing for the
7 appointment of an executive director; providing
8 for duties, and board oversight; requiring
9 director to oversee staff; requiring the
10 department to contract for a dental intake
11 officer and providing qualifications; requiring
12 certain responsibilities of the officer;
13 requiring the board to establish certain
14 performance parameters for departmental
15 handling of disciplinary cases, and
16 consequences; requiring testing services to
17 report to the board if requested; requiring a
18 board spending plan and its content; requiring
19 board spending authority over discretionary
20 budget items; requiring a department report of
21 certain information; providing for a board
22 response;
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