Senate Bill sb2026
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    By Senator Pruitt
    28-1260-04                                          See HB 851
  1                      A bill to be entitled
  2         An act relating to regulation of professions
  3         under the Department of Business and
  4         Professional Regulation; amending s. 455.32,
  5         F.S.; revising the Management Privatization
  6         Act; providing definitions; authorizing the
  7         department, pursuant to board, commission, or
  8         council request, to establish and contract with
  9         a nonprofit corporation to perform support
10         services specified pursuant to contract for the
11         applicable profession; providing corporation
12         organization, powers, duties, and staff;
13         authorizing per diem and reimbursement for
14         travel expenses; requiring adherence to the
15         code of ethics for public officers and
16         employees; providing sovereign immunity;
17         providing for corporation boards of directors
18         and for executive director liaisons; providing
19         contract requirements; establishing financing,
20         reporting, recordkeeping, and audit
21         requirements; providing for quarterly
22         assessment and annual certification of contract
23         compliance; providing requirements in the event
24         any provision of the section is held
25         unconstitutional; amending s. 455.2177, F.S.;
26         revising requirements for the monitoring of
27         continuing education compliance; removing
28         provisions relating to privatization and
29         dispute resolution; revising penalties for
30         failure to comply with continuing education
31         requirements; revising requirements for waiver
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1         of such monitoring; providing rulemaking
 2         authority; amending s. 455.2178, F.S.; revising
 3         reporting requirements for continuing education
 4         providers; removing provisions relating to
 5         private vendors; revising penalties for
 6         noncompliant continuing education providers;
 7         providing for conduct of investigations and
 8         prosecutions of noncompliant continuing
 9         education providers; providing rulemaking
10         authority; amending s. 455.2179, F.S.; revising
11         continuing education provider and course
12         approval procedures; revising penalties for
13         failing to teach approved course content;
14         providing for conduct of investigations and
15         prosecutions of noncompliant continuing
16         education providers; providing rulemaking
17         authority; amending s. 455.2281, F.S., relating
18         to unlicensed activities; removing a
19         cross-reference to conform; amending s.
20         481.205, F.S., relating to the Board of
21         Architecture and Interior Design; removing a
22         cross-reference to conform; providing an
23         effective date.
24  
25  Be It Enacted by the Legislature of the State of Florida:
26  
27         Section 1.  Section 455.32, Florida Statutes, is
28  amended to read:
29         (Substantial rewording of section. See
30         s. 455.32, F.S., for present text.)
31         455.32  Management Privatization Act.--
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1         (1)  This section shall be known by the popular name
 2  the "Management Privatization Act."
 3         (2)  The purpose of this section is to create a model
 4  for public-private partnerships for the regulation of
 5  Florida's professionals that will ensure a consistent,
 6  effective application of regulatory provisions and appropriate
 7  budgetary oversight to achieve the most efficient use of
 8  public funds. Nonprofit corporations may be established
 9  pursuant to this section to provide administrative,
10  investigative, and prosecutorial services to any board created
11  within the department pursuant to chapter 20 in accordance
12  with the provisions of this chapter and the applicable
13  practice act. No additional entities may be created for these
14  purposes.
15         (3)  As used in this section, the term:
16         (a)  "Board" means any board, commission, or council
17  created within the department pursuant to chapter 20.
18         (b)  "Corporation" means any nonprofit corporation with
19  which the department contracts pursuant to subsection (14).
20         (c)  "Department" means the Department of Business and
21  Professional Regulation.
22         (d)  "Executive director" means an employee of the
23  department who serves as a liaison between the department, the
24  board, and the corporation and is responsible for ensuring
25  that the police powers of the state are not exercised by the
26  corporation, while also serving as the contract monitor.
27         (e)  "Performance standards and measurable outcomes"
28  shall include, but not be limited to, timeliness and
29  qualitative criteria for the activities specified in paragraph
30  (6)(o).
31  
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1         (f)  "Secretary" means the Secretary of Business and
 2  Professional Regulation.
 3         (4)  Based upon the request of any board, the
 4  department is authorized to establish and contract with a
 5  nonprofit corporation to provide administrative,
 6  investigative, and prosecutorial services to that board, in
 7  accordance with the provisions of this chapter and the
 8  applicable practice act and as specified in a contract between
 9  the department and the corporation. The privatization request
10  must contain a needs assessment and financial feasibility
11  study. The needs assessment must contain specific performance
12  standards and measurable outcomes and an evaluation of the
13  department's current and projected performance in regard to
14  those standards. The feasibility study must include the
15  financial status of the board for the current fiscal year and
16  the next 2 fiscal years. A financial model for the corporation
17  must also be developed which includes projected costs and
18  expenses for the first 2 years of operation.
19         (5)  Any such corporation may hire staff as necessary
20  to carry out its functions. Such staff are not public
21  employees for the purposes of chapter 110 or chapter 112,
22  except that the board of directors and the employees of the
23  corporation are subject to the provisions of s. 112.061 and
24  part III of chapter 112. The provisions of s. 768.28 apply to
25  each such corporation, which is deemed to be a corporation
26  primarily acting as an instrumentality of the state, but which
27  is not an agency within the meaning of s. 20.03(11).
28         (6)  Each corporation created to perform the functions
29  provided in this section shall:
30         (a)  Be a Florida corporation not for profit,
31  incorporated under the provisions of chapter 617.
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1         (b)  Provide administrative, investigative, and
 2  prosecutorial services to the board in accordance with the
 3  provisions of this chapter, the applicable practice act, and
 4  the contract required by this section.
 5         (c)  Receive, hold, and administer property and make
 6  only prudent expenditures directly related to the
 7  responsibilities of the applicable board and in accordance
 8  with the contract required by this section.
 9         (d)  Be approved by the department to operate for the
10  benefit of the board and in the best interest of the state.
11         (e)  Operate under a fiscal year that begins on July 1
12  of each year and ends on June 30 of the following year.
13         (f)  Be funded through appropriations allocated to the
14  regulation of the relevant profession from the Professional
15  Regulation Trust Fund pursuant to s. 455.219.
16         (g)  Have a five-member board of directors, three of
17  whom are to be appointed by the applicable board and must be
18  licensees regulated by that board and two of whom are to be
19  appointed by the secretary and are laypersons not regulated by
20  that board. Initially, one member shall be appointed for 2
21  years, two members shall be appointed for 3 years, and two
22  members shall be appointed for 4 years. One layperson shall be
23  appointed to a 3-year term and one layperson shall be
24  appointed to a 4-year term. Thereafter, all appointments shall
25  be for 4-year terms. No new member shall serve more than two
26  consecutive terms. Failure to attend three consecutive
27  meetings shall be deemed a resignation from the board of
28  directors, and the vacancy shall be filled by a new
29  appointment.
30         (h)  Select its officers in accordance with its bylaws.
31  The members of the board of directors may be removed by the
                                  5
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1  department, for the same reasons that a board member may be
 2  removed.
 3         (i)  Select the president of the management
 4  corporation, who shall manage the operations of the
 5  corporation, subject to the approval of the board.
 6         (j)  Use a portion of the interest derived from the
 7  corporation account to offset the costs associated with the
 8  use of credit cards for payment of fees by applicants or
 9  licensees.
10         (k)  Operate under a written contract with the
11  department.
12         (l)  Provide for an annual financial audit of its
13  financial accounts and records by an independent certified
14  public accountant. The annual audit report shall include a
15  management letter in accordance with s. 11.45 and a detailed
16  supplemental schedule of expenditures for each expenditure
17  category. The annual audit report must be submitted to the
18  board, the department, and the Auditor General for review.
19         (m)  Provide for all employees and nonemployees charged
20  with the responsibility of receiving and depositing fee and
21  fine revenues to have a faithful performance bond in such an
22  amount and according to such terms as shall be determined in
23  the contract.
24         (n)  Keep financial and statistical information as
25  necessary to completely disclose the financial condition and
26  operation of the corporation and as requested by the Office of
27  Program Policy Analysis and Government Accountability, the
28  Auditor General, and the department.
29         (o)  Submit to the secretary, the board, and the
30  Legislature, on or before October 1 of each year, a report
31  describing all of the activities of the corporation for the
                                  6
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1  previous fiscal year which includes, but is not limited to,
 2  information concerning the programs and funds that have been
 3  transferred to the corporation. The report must include:
 4         1.  The number of license applications received.
 5         2.  The number of license applications approved and
 6  denied and the number of licenses issued.
 7         3.  The average time required to issue a license.
 8         4.  The number of examinations administered and the
 9  number of applicants who passed or failed the examination.
10         5.  The number of complaints received.
11         6.  The number of complaints determined to be legally
12  sufficient.
13         7.  The number of complaints dismissed.
14         8.  The number of complaints determined to have
15  probable cause.
16         9.  The number of administrative complaints issued and
17  the status of the complaints.
18         10.  The number and nature of disciplinary actions
19  taken by the board.
20         11.  All revenues received and all expenses incurred by
21  the corporation during the preceding fiscal year in its
22  performance of the duties under the contract.
23         12.  Any audit performed under paragraph (l), including
24  financial reports and performance audits.
25         13.  The status of the compliance of the corporation
26  with all performance-based program measures adopted by the
27  board.
28         (p)  Meet or exceed the performance standards and
29  measurable outcomes developed by the board and department.
30         (7)  The department shall annually certify that the
31  corporation is complying with the terms of the contract in a
                                  7
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1  manner consistent with the goals and purposes of the board and
 2  in the best interest of the state. If the department
 3  determines the corporation is not compliant with the terms of
 4  the contract, including performance standards and measurable
 5  outcomes, the contract may be terminated as provided in
 6  paragraph (14)(e).
 7         (8)  Nothing in this section shall limit the ability of
 8  the corporation to enter into contracts and perform all other
 9  acts incidental to those contracts that are necessary for the
10  administration of its affairs and for the attainment of its
11  purposes.
12         (9)  The corporation may acquire by lease, and
13  maintain, use, and operate, any real or personal property
14  necessary to perform the duties provided by the contract and
15  this section.
16         (10)  The corporation may not exercise any authority
17  assigned to the department or board under this section or the
18  practice act of the relevant profession, including determining
19  probable cause to pursue disciplinary action against a
20  licensee, taking final action on license applications or in
21  disciplinary cases, or adopting administrative rules under
22  chapter 120. However, the corporation may make a determination
23  of legal sufficiency to begin the investigative process as
24  provided in s. 455.225.
25         (11)  The department shall retain the independent
26  authority to open, investigate, or prosecute any cases or
27  complaints, as necessary to protect the public health, safety,
28  or welfare. In addition, the department shall retain sole
29  authority to issue emergency suspension or restriction orders
30  pursuant to s. 120.60.
31  
                                  8
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1         (12)  The corporation is the sole source and depository
 2  for the records of the board, including all historical
 3  information and records. The corporation shall maintain those
 4  records in accordance with the guidelines of the Department of
 5  State and shall not destroy any records prior to the limits
 6  imposed by the Department of State.
 7         (13)  The board shall provide by rule for the
 8  procedures the corporation must follow to ensure that all
 9  licensure examinations are secure while under the
10  responsibility of the corporation and that there is an
11  appropriate level of monitoring during the licensure
12  examinations.
13         (14)  The contract between the department and the
14  corporation must be in compliance with this section and other
15  applicable laws. The department shall retain responsibility
16  for any duties it currently exercises relating to its police
17  powers and any other current duty that is not provided to the
18  corporation by contract or this section. The contract shall
19  provide, at a minimum, that:
20         (a)  The corporation provide administrative,
21  investigative, examination, licensing, and prosecutorial
22  services in accordance with the provisions of this section and
23  the practice act of the relevant profession. With approval of
24  the department and the board, the corporation may subcontract
25  for the investigation and prosecution of unlicensed activity
26  pursuant to this chapter.
27         (b)  The articles of incorporation and bylaws of the
28  corporation be approved by the department.
29         (c)  The corporation submit an annual budget for
30  approval by the department.
31  
                                  9
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1         (d)  The corporation utilize the department's licensing
 2  and computerized database system.
 3         (e)  The corporation be annually certified by the
 4  department as complying with the terms of the contract in a
 5  manner consistent with the goals and purposes of the board and
 6  in the best interest of the state. As part of the annual
 7  certification, the department shall make quarterly assessments
 8  regarding contract compliance by the corporation. The contract
 9  must also provide for methods and mechanisms to resolve any
10  situation in which the assessment and certification process
11  determines noncompliance, to include termination.
12         (f)  The department employ an executive director to
13  actively monitor the activities of the corporation to ensure
14  compliance with the contract, the provisions of this chapter,
15  and the applicable practice act.
16         (g)  The corporation be funded through appropriations
17  allocated to the regulation of the relevant profession from
18  the Professional Regulation Trust Fund.
19         (h)  If the corporation is no longer approved to
20  operate for the board or the board ceases to exist, all
21  moneys, records, data, and property held in trust by the
22  corporation for the benefit of the board revert to the board,
23  or the state if the board ceases to exist. All records and
24  data in a computerized database must be returned to the
25  department in a form that is compatible with the computerized
26  database of the department.
27         (i)  The corporation secure and maintain, during the
28  term of the contract and for all acts performed during the
29  term of the contract, all liability insurance coverages in an
30  amount to be approved by the department to defend, indemnify,
31  and hold harmless the corporation and its officers and
                                  10
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1  employees, the department and its employees, and the state
 2  against all claims arising from state and federal laws. Such
 3  insurance coverage must be with insurers qualified and doing
 4  business in the state. The corporation must provide proof of
 5  insurance to the department. The department and its employees
 6  and the state are exempt from and are not liable for any sum
 7  of money which represents a deductible, which sums shall be
 8  the sole responsibility of the corporation. Violation of this
 9  paragraph shall be grounds for terminating the contract.
10         (j)  The corporation, out of its allocated budget, pay
11  to the department all costs of representation by the board
12  counsel, including salary and benefits, travel, and any other
13  compensation traditionally paid by the department to other
14  board counsels.
15         (k)  The corporation, out of its allocated budget, pay
16  to the department all costs incurred by the corporation or the
17  board for the Division of Administrative Hearings of the
18  Department of Management Services and any other cost for
19  utilization of these state services.
20         (l)  The corporation, out of its allocated budget, pay
21  to the department all costs associated with the monitoring of
22  the contract, including salary and benefits, travel, and other
23  related costs traditionally paid to state employees.
24         (m)  The corporation comply with the performance
25  standards and measurable outcomes developed by the board and
26  the department. The performance standards and measurable
27  outcomes must be specified within the contract.
28         (15)  Management corporation records are public records
29  subject to the provisions of s. 119.07(1) and s. 24(a), Art. I
30  of the State Constitution; however, public records exemptions
31  set forth in ss. 455.217, 455.225, and 455.229 for records
                                  11
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1  created or maintained by the department shall apply to records
 2  created or maintained by the management corporation. In
 3  addition, all meetings of the board of directors are open to
 4  the public in accordance with s. 286.011 and s. 24(b), Art. I
 5  of the State Constitution. The department and the board shall
 6  have access to all records of the corporation as necessary to
 7  exercise their authority to approve and supervise the
 8  contract.
 9         (16)  If any provision of this section is held to be
10  unconstitutional or is held to violate the state or federal
11  antitrust laws, the following shall occur:
12         (a)  The corporation shall cease and desist from
13  exercising any powers and duties enumerated in this section.
14         (b)  The department shall resume the performance of
15  such activities. The department shall regain and receive,
16  hold, invest, and administer property and make expenditures
17  for the benefit of the board.
18         (c)  The Executive Office of the Governor,
19  notwithstanding chapter 216, may reestablish positions, budget
20  authority, and salary rate necessary to carry out the
21  department's responsibilities related to the board.
22         Section 2.  Section 455.2177, Florida Statutes, is
23  amended to read:
24         455.2177  Monitoring of compliance with continuing
25  education requirements.--
26         (1)  The department shall establish a system to monitor
27  licensee compliance with applicable continuing education
28  requirements and to determine each licensee's continuing
29  education status. The department is authorized to provide for
30  a phase-in of the compliance monitoring system, but the system
31  must provide for monitoring of compliance with applicable
                                  12
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1  continuing education requirements by all professions regulated
 2  by the department no later than July 1, 2002. The compliance
 3  monitoring system may use staff of the department or may be
 4  privatized. As used in this section, the term "monitor" means
 5  the act of determining, for each licensee, whether the
 6  licensee was in full compliance with applicable continuing
 7  education requirements as of the time of the licensee's
 8  license renewal.
 9         (2)  If the compliance monitoring system required under
10  this section is privatized, the following provisions apply:
11         (a)  The department may contract pursuant to s. 287.057
12  with a vendor or vendors for the monitoring of compliance with
13  applicable continuing education requirements by all licensees
14  within one or more professions regulated by the department.
15  The contract shall include, but need not be limited to, the
16  following terms and conditions:
17         1.a.  The vendor shall create a computer database, in
18  the form required by the department, that includes the
19  continuing education status of each licensee and shall provide
20  a report to the department within 90 days after the vendor
21  receives the list of licensees to be monitored as provided in
22  sub-subparagraph b. The report shall be in a format determined
23  by the department and shall include each licensee's continuing
24  education status by license number, hours of continuing
25  education credit per cycle, and such other information the
26  department deems necessary.
27         b.  No later than 30 days after the end of each renewal
28  period, the department shall provide to the vendor a list that
29  includes all licensees of a particular profession whose
30  licenses were renewed during a particular renewal period. In
31  order to account for late renewals, the department shall
                                  13
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1  provide the vendor with such updates to the list as are
 2  mutually determined to be necessary.
 3         2.a.  Before the vendor informs the department of the
 4  status of any licensee the vendor has determined is not in
 5  compliance with continuing education requirements, the vendor,
 6  acting on behalf of the department, shall provide the licensee
 7  with a notice stating that the vendor has determined that the
 8  licensee is not in compliance with applicable continuing
 9  education requirements. The notice shall also include the
10  licensee's continuing education record for the renewal period,
11  as shown in the records of the vendor, and a description of
12  the process for correcting the vendor's record under
13  sub-subparagraph b.
14         b.  The vendor shall give the licensee 45 days to
15  correct the vendor's information. The vendor shall correct a
16  record only on the basis of evidence of compliance supplied to
17  the vendor by a continuing education provider.
18         3.a.  The vendor must provide the department, with the
19  report required under subparagraph 1., a list, in a form
20  determined by the department, identifying each licensee who
21  the vendor has determined is not in compliance with applicable
22  continuing education requirements.
23         b.  The vendor shall provide the department with access
24  to such information and services as the department deems
25  necessary to ensure that the actions of the vendor conform to
26  the contract and to the duties of the department and the
27  vendor under this subsection.
28         4.  The department shall ensure the vendor access to
29  such information from continuing education providers as is
30  necessary to determine the continuing education record of each
31  
                                  14
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1  licensee. The vendor shall inform the department of any
 2  provider that fails to provide such information to the vendor.
 3         5.  If the vendor fails to comply with a provision of
 4  the contract, the vendor is obligated to pay the department
 5  liquidated damages in the amounts specified in the contract.
 6         6.  The department's payments to the vendor must be
 7  based on the number of licensees monitored. The department may
 8  allocate from the unlicensed activity account of any
 9  profession under s. 455.2281 up to $2 per licensee for the
10  monitoring of that profession's licensees under this
11  subsection, which allocations are the exclusive source of
12  funding for contracts under this subsection.
13         7.  A continuing education provider is not eligible to
14  be a vendor under this subsection.
15         (b)  When it receives notice from a vendor that a
16  licensee is not in compliance with continuing education
17  requirements, the department shall send the licensee written
18  notice that disciplinary actions will be taken, together with
19  a description of the remedies available to the licensee under
20  the dispute resolution process created under paragraph (c). If
21  a licensee does not prevail in the dispute resolution process,
22  the department:
23         1.  May impose an administrative fine in the amount of
24  $500 against the licensee; however, the department may reduce
25  the amount of the fine to $250 if the licensee comes into
26  compliance with the applicable continuing education
27  requirements within 90 days after imposition of the original
28  fine. All proceeds of fines under this subparagraph shall be
29  deposited in the appropriate unlicensed activity account under
30  s. 455.2281.
31  
                                  15
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1         (2)2.  The department may refuse any further renewal of
 2  a the licensee's license until unless the licensee has paid
 3  the fine and satisfied all the applicable continuing education
 4  requirements. This subsection does not preclude the department
 5  or boards from imposing additional penalties pursuant to the
 6  applicable practice act or rules adopted pursuant thereto.
 7         (c)  The department is authorized to adopt by rule a
 8  process for the resolution of disputes between a vendor and a
 9  continuing education provider, between a vendor and a
10  licensee, and between a licensee and a continuing education
11  provider. The process shall ensure all parties a fair
12  opportunity to correct any erroneous information. If the
13  parties are unable to reach an agreement, the department shall
14  determine the resolution of the dispute.
15         (d)  Upon the failure of a vendor to meet its
16  obligations under a contract as provided in paragraph (a), the
17  department may suspend the contract and enter into an
18  emergency contract under s. 287.057(5).
19         (3)  Notwithstanding any other provision of law to the
20  contrary and regardless of whether the compliance monitoring
21  system is privatized, neither the department nor a board may
22  impose any sanction other than the sanctions specified in
23  paragraph (2)(b) for the failure of a licensee to meet
24  continuing education requirements. This subsection does not
25  apply to actions under chapter 473.
26         (3)(4)  The department may shall waive the continuing
27  education monitoring requirements of this section for any
28  profession that demonstrates to the department that the
29  monitoring system places an undue burden on the profession it
30  has a program in place which measures compliance with
31  continuing education requirements through statistical sampling
                                  16
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1  techniques or other methods and can indicate that at least 95
 2  percent of its licensees are in compliance.
 3         (4)(5)  The department may is authorized to adopt rules
 4  pursuant to ss. 120.536(1) and 120.54 to implement this
 5  section.
 6         Section 3.  Section 455.2178, Florida Statutes, is
 7  amended to read:
 8         455.2178  Continuing education providers.--If the
 9  monitoring of compliance with continuing education
10  requirements is privatized pursuant to s. 455.2177:
11         (1)(a)  The department shall notify each approved
12  continuing education provider of the name and address of all
13  vendors that monitor compliance of licensees under s.
14  455.2177. If the department contracts with more than one
15  vendor under s. 455.2177, the notice shall specify the
16  professions to be monitored by each vendor.
17         (b)  Each continuing education provider shall provide
18  to the department appropriate vendor such information
19  regarding the continuing education status of licensees as the
20  department determines is necessary for the vendor to carry out
21  its duties under s. 455.2177(2), in an electronic format a
22  form determined by the department. After a licensee's
23  completion of a course, the information must be submitted to
24  the department vendor electronically no later than 30 calendar
25  5 business days thereafter or prior to the licensee's renewal
26  date, whichever occurs sooner after a licensee's completion of
27  a course. The foregoing applies only if the profession has not
28  been granted a waiver from the monitoring requirements
29  pursuant to s. 455.2177. Upon the request of a licensee, the
30  provider must also furnish to the department a vendor
31  information regarding courses completed by the licensee.
                                  17
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1         (2)  Each continuing education provider shall retain
 2  all records relating to a licensee's completion of continuing
 3  education courses for at least 4 years after completion of a
 4  course.
 5         (3)  A continuing education provider may not be
 6  approved, and the approval may not be renewed, unless the
 7  provider agrees in writing to provide such cooperation with
 8  vendors under this section and s. 455.2177 as the department
 9  deems necessary or appropriate.
10         (4)  The department may fine, suspend, or immediately
11  revoke approval of any continuing education provider that
12  fails to comply with its duties under this section. Such fine
13  may not exceed $500 per violation. Investigations and
14  prosecutions of a provider's failure to comply with its duties
15  under this section shall be conducted pursuant to s. 455.225.
16         (5)  For the purpose of determining which persons or
17  entities must meet the reporting, recordkeeping, and access
18  provisions of this section, the board of any profession
19  subject to this section, or the department if there is no
20  board, shall, by rule, adopt a definition of the term
21  "continuing education provider" applicable to the profession's
22  continuing education requirements. The intent of the rule
23  shall be to ensure that all records and information necessary
24  to carry out the requirements of this section and s. 455.2177
25  are maintained and transmitted accordingly and to minimize
26  disputes as to what person or entity is responsible for
27  maintaining and reporting such records and information.
28         (6)  The department may has the authority to adopt
29  rules pursuant to ss. 120.536(1) and 120.54 to implement this
30  section.
31  
                                  18
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1         Section 4.  Section 455.2179, Florida Statutes, is
 2  amended to read:
 3         455.2179  Continuing education provider and course
 4  approval; cease and desist orders.--
 5         (1)  If a board, or the department if there is no
 6  board, requires completion of continuing education as a
 7  requirement for renewal of a license, the board, or the
 8  department if there is no board, shall approve providers of
 9  the continuing education. The approval of a continuing
10  education providers and courses provider must be for a
11  specified period of time, not to exceed 4 years. An approval
12  that does not include such a time limitation may remain in
13  effect pursuant to the applicable practice act or the rules
14  promulgated thereto only until July 1, 2001, unless earlier
15  replaced by an approval that includes such a time limitation.
16         (2)  The board, or the department if there is no, on
17  its own motion or at the request of a board, shall issue an
18  order requiring a person or entity to cease and desist from
19  offering any continuing education programs for licensees, and
20  fining, suspending, or revoking any approval of the provider
21  previously granted by the board, or the department if there is
22  no or a board, if the board, or the department if there is no
23  or a board, determines that the person or entity failed to
24  provide appropriate continuing education services that conform
25  to approved course material. Such fine may not exceed $500 per
26  violation. Investigations and prosecutions of a provider's
27  failure to comply with its duties under this section shall be
28  conducted pursuant to s. 455.225.
29         (3)  Each board authorized to approve continuing
30  education providers, or the department if there is no board,
31  may establish, by rule, a fee not to exceed $250 for anyone
                                  19
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1  seeking approval to provide continuing education courses and
 2  may establish, by rule, a biennial fee not to exceed $250 for
 3  the renewal of providership of such courses. The Florida Real
 4  Estate Commission, authorized under the provisions of chapter
 5  475 to approve prelicensure, precertification, and
 6  postlicensure education providers, may establish, by rule, an
 7  application fee not to exceed $250 for anyone seeking approval
 8  to offer prelicensure, precertification, or postlicensure
 9  education courses and may establish, by rule, a biennial fee
10  not to exceed $250 for the renewal of such courses. Such
11  postlicensure education courses shall be subject to the
12  reporting, monitoring, and compliance provisions of this
13  section and ss. 455.2177 and 455.2178.
14         (4)  The department and each affected board may adopt
15  rules pursuant to ss. 120.536(1) and 120.54 to implement the
16  provisions of this section.
17         Section 5.  Section 455.2281, Florida Statutes, is
18  amended to read:
19         455.2281  Unlicensed activities; fees; disposition.--In
20  order to protect the public and to ensure a consumer-oriented
21  department, it is the intent of the Legislature that vigorous
22  enforcement of regulation for all professional activities is a
23  state priority. All enforcement costs should be covered by
24  professions regulated by the department. Therefore, the
25  department shall impose, upon initial licensure and each
26  renewal thereof, a special fee of $5 per licensee. Such fee
27  shall be in addition to all other fees collected from each
28  licensee and shall fund efforts to combat unlicensed activity.
29  Any profession regulated by the department which offers
30  services that are not subject to regulation when provided by
31  an unlicensed person may use funds in its unlicensed activity
                                  20
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1  account to inform the public of such situation. The board with
 2  concurrence of the department, or the department when there is
 3  no board, may earmark $5 of the current licensure fee for this
 4  purpose, if such board, or profession regulated by the
 5  department, is not in a deficit and has a reasonable cash
 6  balance. A board or profession regulated by the department may
 7  authorize the transfer of funds from the operating fund
 8  account to the unlicensed activity account of that profession
 9  if the operating fund account is not in a deficit and has a
10  reasonable cash balance. The department shall make direct
11  charges to this fund by profession and shall not allocate
12  indirect overhead. The department shall seek board advice
13  regarding enforcement methods and strategies prior to
14  expenditure of funds; however, the department may, without
15  board advice, allocate funds to cover the costs of continuing
16  education compliance monitoring under s. 455.2177. The
17  department shall directly credit, by profession, revenues
18  received from the department's efforts to enforce licensure
19  provisions, including revenues received from fines collected
20  under s. 455.2177. The department shall include all financial
21  and statistical data resulting from unlicensed activity
22  enforcement and from continuing education compliance
23  monitoring as separate categories in the quarterly management
24  report provided for in s. 455.219. The department shall not
25  charge the account of any profession for the costs incurred on
26  behalf of any other profession. For an unlicensed activity
27  account, a balance which remains at the end of a renewal cycle
28  may, with concurrence of the applicable board and the
29  department, be transferred to the operating fund account of
30  that profession.
31  
                                  21
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2026
    28-1260-04                                          See HB 851
 1         Section 6.  Paragraph (b) of subsection (3) of section
 2  481.205, Florida Statutes, is amended to read:
 3         481.205  Board of Architecture and Interior Design.--
 4         (3)
 5         (b)  Notwithstanding the provisions of s. 455.32(13),
 6  The board, in lieu of the department, shall contract with a
 7  corporation or other business entity pursuant to s. 287.057(3)
 8  to provide investigative, legal, prosecutorial, and other
 9  services necessary to perform its duties.
10         Section 7.  This act shall take effect July 1, 2004.
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                  22
CODING: Words stricken are deletions; words underlined are additions.