Senate Bill sb2026

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    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

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    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.--

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    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  

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    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.

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    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

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    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

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    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

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    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  

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    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  

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    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

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    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

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    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

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    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

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    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  

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    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  

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    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

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    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

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    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  

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    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

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    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

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    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  

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    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  

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                                  22

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