Senate Bill sb2026c1
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    Florida Senate - 2004                           CS for SB 2026
    By the Committee on Regulated Industries; and Senator Pruitt
    315-2214-04
  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; requiring development of
12         a business case subject to executive and
13         legislative approval; providing corporation
14         organization, powers, duties, and staff;
15         authorizing per diem and reimbursement for
16         travel expenses; requiring adherence to the
17         code of ethics for public officers and
18         employees; providing sovereign immunity;
19         providing for corporation boards of directors
20         and for contract managers; providing contract
21         requirements; establishing financing,
22         reporting, recordkeeping, and audit
23         requirements; providing for quarterly
24         assessment and annual certification of contract
25         compliance; providing requirements in the event
26         any provision of the section is held
27         unconstitutional; amending s. 455.2177, F.S.;
28         revising requirements for the monitoring of
29         continuing education compliance; removing
30         provisions relating to privatization and
31         dispute resolution; revising penalties for
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    Florida Senate - 2004                           CS for SB 2026
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 1         failure to comply with continuing education
 2         requirements; revising requirements for waiver
 3         of such monitoring; providing rulemaking
 4         authority; amending s. 455.2178, F.S.; revising
 5         reporting requirements for continuing education
 6         providers; removing provisions relating to
 7         private vendors; revising penalties for
 8         noncompliant continuing education providers;
 9         providing for conduct of investigations and
10         prosecutions of noncompliant continuing
11         education providers; providing rulemaking
12         authority; amending s. 455.2179, F.S.; revising
13         continuing education provider and course
14         approval procedures; revising penalties for
15         failing to teach approved course content;
16         providing for conduct of investigations and
17         prosecutions of noncompliant continuing
18         education providers; providing rulemaking
19         authority; amending s. 455.2281, F.S., relating
20         to unlicensed activities; removing a
21         cross-reference to conform; amending s.
22         481.205, F.S., relating to the Board of
23         Architecture and Interior Design; removing a
24         cross-reference to conform; providing an
25         effective date.
26  
27  Be It Enacted by the Legislature of the State of Florida:
28  
29         Section 1.  Section 455.32, Florida Statutes, is
30  amended to read:
31         (Substantial rewording of section. See
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 1         s. 455.32, F.S., for present text.)
 2         455.32  Management Privatization Act.--
 3         (1)  This section shall be known by the popular name
 4  the "Management Privatization Act."
 5         (2)  The purpose of this section is to create a model
 6  for contracting with nonprofit corporations to provide
 7  services for the regulation of Florida's professionals which
 8  will ensure a consistent, effective application of regulatory
 9  provisions and appropriate budgetary oversight to achieve the
10  most efficient use of public funds. Nonprofit corporations may
11  be established pursuant to this section to provide
12  administrative, examination, licensing, investigative, and
13  prosecutorial services to any board created within the
14  department pursuant to chapter 20 in accordance with the
15  provisions of this chapter and the applicable practice act. No
16  additional entities may be created to provide these services.
17         (3)  As used in this section, the term:
18         (a)  "Board" means any board, commission, or council
19  created within the department pursuant to chapter 20.
20         (b)  "Corporation" means any nonprofit corporation with
21  which the department contracts pursuant to subsection (14).
22         (c)  "Department" means the Department of Business and
23  Professional Regulation.
24         (d)  "Contract manager" means an employee of the
25  department who serves as a liaison between the department, the
26  board, and the corporation and is responsible for ensuring
27  that the police powers of the state are not exercised by the
28  corporation, while also serving as the contract monitor.
29         (e)  "Business case" means a needs assessment,
30  financial feasibility study, and corporate financial model as
31  specified in paragraph (4).
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 1         (f)  "Performance standards and measurable outcomes"
 2  shall include, but not be limited to, timeliness and
 3  qualitative criteria for the activities specified in paragraph
 4  (6)(o).
 5         (g)  "Secretary" means the Secretary of Business and
 6  Professional Regulation.
 7         (4)  Based upon the request of any board, the
 8  department is authorized to establish and contract with a
 9  nonprofit corporation to provide administrative, examination,
10  licensing, investigative, and prosecutorial services to that
11  board, in accordance with the provisions of this chapter and
12  the applicable practice act and as specified in a contract
13  between the department and the corporation. The privatization
14  request must contain a business case that includes a needs
15  assessment and financial feasibility study performed by the
16  board or an entity commissioned by a majority vote of the
17  board. The needs assessment must contain specific performance
18  standards and measurable outcomes and an evaluation of the
19  department's current and projected performance in regard to
20  those standards. The feasibility study must include the
21  financial status of the board for the current fiscal year and
22  the next 2 fiscal years. A financial model for the corporation
23  must also be developed which includes projected costs and
24  expenses for the first 2 years of operation and specific
25  performance standards and measurable outcomes. The business
26  case must be approved by the Executive Office of the Governor
27  and the Legislative Budget Commission prior to the
28  establishment of the nonprofit corporation.
29         (5)  Any such corporation may hire staff as necessary
30  to carry out its functions. Such staff are not public
31  employees for the purposes of chapter 110 or chapter 112,
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 1  except that the board of directors and the employees of the
 2  corporation are subject to the provisions of s. 112.061 and
 3  part III of chapter 112. The provisions of s. 768.28 apply to
 4  each such corporation, which is deemed to be a corporation
 5  primarily acting as an instrumentality of the state but which
 6  is not an agency within the meaning of s. 20.03(11).
 7         (6)  Each corporation created to perform the functions
 8  provided in this section shall:
 9         (a)  Be a Florida corporation not for profit,
10  incorporated under the provisions of chapter 617.
11         (b)  Provide administrative, examination, licensing,
12  investigative, and prosecutorial services to the board, which
13  services may include unlicensed activity investigations and
14  prosecutions, in accordance with the provisions of this
15  chapter, the applicable practice act, and the contract
16  required by this section.
17         (c)  Receive, hold, and administer property and make
18  only prudent expenditures directly related to the
19  responsibilities of the applicable board and in accordance
20  with the contract required by this section.
21         (d)  Be approved by the department to operate for the
22  benefit of the board and in the best interest of the state.
23         (e)  Operate under a fiscal year that begins on July 1
24  of each year and ends on June 30 of the following year.
25         (f)  Be funded through appropriations allocated to the
26  regulation of the relevant profession from the Professional
27  Regulation Trust Fund pursuant to s. 455.219.
28         (g)  Have a five-member board of directors, three of
29  whom are to be appointed by the applicable board and must be
30  licensees regulated by that board and two of whom are to be
31  appointed by the secretary and are laypersons not regulated by
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 1  that board. Initially, one member shall be appointed for 2
 2  years, two members shall be appointed for 3 years, and two
 3  members shall be appointed for 4 years. One layperson shall be
 4  appointed to a 3-year term and one layperson shall be
 5  appointed to a 4-year term. Thereafter, all appointments shall
 6  be for 4-year terms. No new member shall serve more than two
 7  consecutive terms. Failure to attend three consecutive
 8  meetings shall be deemed a resignation from the board of
 9  directors, and the vacancy shall be filled by a new
10  appointment. No professional board member may also serve on
11  the board of directors for the corporation.
12         (h)  Select its officers in accordance with its bylaws.
13  The members of the board of directors may be removed by the
14  Governor, for the same reasons that a board member may be
15  removed pursuant to s. 455.209.
16         (i)  Select the president of the corporation, who shall
17  manage the operations of the corporation, subject to the
18  approval of the board.
19         (j)  Use a portion of the interest derived from the
20  corporation account to offset the costs associated with the
21  use of credit cards for payment of fees by applicants or
22  licensees.
23         (k)  Operate under a written contract with the
24  department.
25         (l)  Provide for an annual financial audit of its
26  financial accounts and records by an independent certified
27  public accountant. The annual audit report shall include a
28  management letter in accordance with s. 11.45 and a detailed
29  supplemental schedule of expenditures for each expenditure
30  category. The annual audit report must be submitted to the
31  board, the department, and the Auditor General for review.
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 1         (m)  Provide for all employees and nonemployees charged
 2  with the responsibility of receiving and depositing fee and
 3  fine revenues to have a faithful performance bond in such an
 4  amount and according to such terms as shall be determined in
 5  the contract.
 6         (n)  Keep financial and statistical information as
 7  necessary to completely disclose the financial condition and
 8  operation of the corporation and as requested by the Office of
 9  Program Policy Analysis and Government Accountability, the
10  Auditor General, and the department.
11         (o)  Submit to the secretary, the board, and the
12  Legislature, on or before October 1 of each year, a report
13  describing all of the activities of the corporation for the
14  previous fiscal year which includes, but is not limited to,
15  information concerning the programs and funds that have been
16  transferred to the corporation. The report must include:
17         1.  The number of license renewals.
18         2.  The number of license applications received.
19         3.  The number of license applications approved and
20  denied and the number of licenses issued.
21         4.  The average time required to issue a license.
22         5.  The number of examinations administered and the
23  number of applicants who passed or failed the examination.
24         6.  The number of complaints received.
25         7.  The number of complaints determined to be legally
26  sufficient.
27         8.  The number of complaints dismissed.
28         9.  The number of complaints determined to have
29  probable cause.
30         10.  The number of administrative complaints issued and
31  the status of the complaints.
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 1         11.  The number and nature of disciplinary actions
 2  taken by the board.
 3         12.  All revenues received and all expenses incurred by
 4  the corporation during the preceding fiscal year in its
 5  performance of the duties under the contract.
 6         13.  Any audit performed under paragraph (l), including
 7  financial reports and performance audits.
 8         14.  The status of the compliance of the corporation
 9  with all performance-based program measures adopted by the
10  board.
11         (p)  Meet or exceed the requirements of the business
12  case developed by the board and approved by the Executive
13  Office of the Governor and the Legislative Budget Commission.
14         (7)  The department shall annually certify that the
15  corporation is complying with the terms of the contract in a
16  manner consistent with the goals and purposes of the board and
17  in the best interest of the state. If the department
18  determines the corporation is not compliant with the terms of
19  the contract, including performance standards and measurable
20  outcomes, the contract may be terminated as provided in
21  paragraph (14)(e).
22         (8)  Nothing in this section shall limit the ability of
23  the corporation to enter into contracts and perform all other
24  acts incidental to those contracts which are necessary for the
25  administration of its affairs and for the attainment of its
26  purposes.
27         (9)  The corporation may acquire by lease, and
28  maintain, use, and operate, any real or personal property
29  necessary to perform the duties provided by the contract and
30  this section.
31  
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 1         (10)  The corporation may exercise the authority
 2  assigned to the department or board under this section or the
 3  practice act of the relevant profession, pursuant to the
 4  contract, including but not limited to initiating disciplinary
 5  investigations for unlicensed practice of the relevant
 6  profession. The corporation may make a determination of legal
 7  sufficiency to begin the investigative process as provided in
 8  s. 455.225.  However, the department or the board may not
 9  delegate to the corporation, by contract or otherwise, the
10  authority for determining probable cause to pursue
11  disciplinary action against a licensee, taking final action on
12  license actions or on disciplinary cases, or adopting
13  administrative rules under chapter 120.
14         (11)  The department shall retain the independent
15  authority to open, investigate, or prosecute any cases or
16  complaints, as necessary to protect the public health, safety,
17  or welfare. In addition, the department shall retain sole
18  authority to issue emergency suspension or restriction orders
19  pursuant to s. 120.60 or may delegate concurrent authority for
20  this purpose to the relevant professional board.
21         (12)  The corporation is the sole source and depository
22  for the records of the board, including all historical
23  information and records. The corporation shall maintain those
24  records in accordance with the guidelines of the Department of
25  State and shall not destroy any records prior to the limits
26  imposed by the Department of State.
27         (13)  The board shall provide by rule for the
28  procedures the corporation must follow to ensure that all
29  licensure examinations are secure while under the
30  responsibility of the corporation and that there is an
31  
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 1  appropriate level of monitoring during the licensure
 2  examinations.
 3         (14)  The contract between the department and the
 4  corporation must be in compliance with this section and other
 5  applicable laws. The department shall retain responsibility
 6  for any duties it currently exercises relating to its police
 7  powers and any other current duty that is not provided to the
 8  corporation by contract or this section. The contract shall
 9  provide, at a minimum, that:
10         (a)  The corporation provide administrative,
11  examination, licensing, investigative, and prosecutorial
12  services in accordance with the provisions of this section and
13  the practice act of the relevant profession. The prosecutorial
14  functions of the corporation shall include the authority to
15  pursue investigations leading to unlicensed practice
16  complaints, with the approval of and at the direction of the
17  relevant professional board. With approval of the department
18  and the board, the corporation may subcontract for specialized
19  services for the investigation and prosecution of unlicensed
20  activity pursuant to this chapter. The corporation shall be
21  required to report all criminal matters, including unlicensed
22  activity that constitutes a crime, to the state attorney for
23  criminal prosecution pursuant to s. 455.2277.
24         (b)  The articles of incorporation and bylaws of the
25  corporation be approved by the department.
26         (c)  The corporation submit an annual budget for
27  approval by the department. If the department's appropriations
28  request differs from the budget submitted by the corporation,
29  the relevant professional board shall be permitted to
30  authorize the inclusion in the appropriations request a
31  
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 1  comment or statement of disagreement with the department's
 2  request.
 3         (d)  The corporation utilize the department's licensing
 4  and computerized database system.
 5         (e)  The corporation be annually certified by the
 6  department as complying with the terms of the contract in a
 7  manner consistent with the goals and purposes of the board and
 8  in the best interest of the state. As part of the annual
 9  certification, the department shall make quarterly assessments
10  regarding contract compliance by the corporation. The contract
11  must also provide for methods and mechanisms for resolving any
12  situation in which the assessment and certification process
13  determines noncompliance, to include termination.
14         (f)  The department employ a contract manager to
15  actively monitor the activities of the corporation to ensure
16  compliance with the contract, the provisions of this chapter,
17  and the applicable practice act.
18         (g)  The corporation be funded through appropriations
19  allocated to the regulation of the relevant profession from
20  the Professional Regulation Trust Fund.
21         (h)  If the corporation is no longer approved to
22  operate for the board or the board ceases to exist, all
23  moneys, records, data, and property held in trust by the
24  corporation for the benefit of the board revert to the
25  department, or the state if the department ceases to exist.
26  All records and data in a computerized database must be
27  returned to the department in a form that is compatible with
28  the computerized database of the department.
29         (i)  The corporation secure and maintain, during the
30  term of the contract and for all acts performed during the
31  term of the contract, all liability insurance coverages in an
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 1  amount to be approved by the department to defend, indemnify,
 2  and hold harmless the corporation and its officers and
 3  employees, the department and its employees, the board, and
 4  the state against all claims arising from state and federal
 5  laws. Such insurance coverage must be with insurers qualified
 6  and doing business in the state. The corporation must provide
 7  proof of insurance to the department. The department and its
 8  employees, the board, and the state are exempt from and are
 9  not liable for any sum of money which represents a deductible,
10  which sums shall be the sole responsibility of the
11  corporation. Violation of this paragraph shall be grounds for
12  terminating the contract.
13         (j)  The board, in lieu of the department, shall retain
14  board counsel pursuant to the requirements of s. 455.221. The
15  corporation, out of its allocated budget, shall pay all costs
16  of representation by the board counsel, including salary and
17  benefits, travel, and any other compensation traditionally
18  paid by the department to other board counsels.
19         (k)  The corporation, out of its allocated budget, pay
20  to the department all costs incurred by the corporation or the
21  board for the Division of Administrative Hearings of the
22  Department of Management Services and any other cost for
23  utilization of these state services.
24         (l)  The corporation, out of its allocated budget, pay
25  to the department all direct and indirect costs associated
26  with the monitoring of the contract, including salary and
27  benefits, travel, and other related costs traditionally paid
28  to state employees.
29         (m)  The corporation comply with the performance
30  standards and measurable outcomes developed by the board and
31  
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 1  the department. The performance standards and measurable
 2  outcomes must be specified within the contract.
 3         (15)  Corporation records are public records subject to
 4  the provisions of s. 119.07(1) and s. 24(a), Art. I of the
 5  State Constitution; however, public records exemptions set
 6  forth in ss. 455.217, 455.225, and 455.229 for records held by
 7  the department shall apply to records held by the corporation.
 8  In addition, all meetings of the board of directors are open
 9  to the public in accordance with s. 286.011 and s. 24(b), Art.
10  I of the State Constitution. The department and the board
11  shall have access to all records of the corporation as
12  necessary to exercise their authority to approve and supervise
13  the contract. Both the Auditor General and the Office of
14  Program Policy Analysis and Government Accountability shall
15  have access to all records of the corporation as necessary to
16  conduct financial and operational audits.
17         (16)  If any provision of this section is held to be
18  unconstitutional or is held to violate the state or federal
19  antitrust laws, the following shall occur:
20         (a)  The corporation shall cease and desist from
21  exercising any powers and duties enumerated in this section.
22         (b)  The department shall resume the performance of
23  such activities. The department shall regain and receive,
24  hold, invest, and administer property and make expenditures
25  for the benefit of the board.
26         (c)  The Executive Office of the Governor,
27  notwithstanding chapter 216, may reestablish positions, budget
28  authority, and salary rate necessary to carry out the
29  department's responsibilities related to the board.
30         Section 2.  Section 455.2177, Florida Statutes, is
31  amended to read:
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 1         455.2177  Monitoring of compliance with continuing
 2  education requirements.--
 3         (1)  The department shall establish a system to monitor
 4  licensee compliance with applicable continuing education
 5  requirements and to determine each licensee's continuing
 6  education status. The department is authorized to provide for
 7  a phase-in of the compliance monitoring system, but the system
 8  must provide for monitoring of compliance with applicable
 9  continuing education requirements by all professions regulated
10  by the department no later than July 1, 2002. The compliance
11  monitoring system may use staff of the department or may be
12  privatized. As used in this section, the term "monitor" means
13  the act of determining, for each licensee, whether the
14  licensee was in full compliance with applicable continuing
15  education requirements as of the time of the licensee's
16  license renewal.
17         (2)  If the compliance monitoring system required under
18  this section is privatized, the following provisions apply:
19         (a)  The department may contract pursuant to s. 287.057
20  with a vendor or vendors for the monitoring of compliance with
21  applicable continuing education requirements by all licensees
22  within one or more professions regulated by the department.
23  The contract shall include, but need not be limited to, the
24  following terms and conditions:
25         1.a.  The vendor shall create a computer database, in
26  the form required by the department, that includes the
27  continuing education status of each licensee and shall provide
28  a report to the department within 90 days after the vendor
29  receives the list of licensees to be monitored as provided in
30  sub-subparagraph b. The report shall be in a format determined
31  by the department and shall include each licensee's continuing
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 1  education status by license number, hours of continuing
 2  education credit per cycle, and such other information the
 3  department deems necessary.
 4         b.  No later than 30 days after the end of each renewal
 5  period, the department shall provide to the vendor a list that
 6  includes all licensees of a particular profession whose
 7  licenses were renewed during a particular renewal period. In
 8  order to account for late renewals, the department shall
 9  provide the vendor with such updates to the list as are
10  mutually determined to be necessary.
11         2.a.  Before the vendor informs the department of the
12  status of any licensee the vendor has determined is not in
13  compliance with continuing education requirements, the vendor,
14  acting on behalf of the department, shall provide the licensee
15  with a notice stating that the vendor has determined that the
16  licensee is not in compliance with applicable continuing
17  education requirements. The notice shall also include the
18  licensee's continuing education record for the renewal period,
19  as shown in the records of the vendor, and a description of
20  the process for correcting the vendor's record under
21  sub-subparagraph b.
22         b.  The vendor shall give the licensee 45 days to
23  correct the vendor's information. The vendor shall correct a
24  record only on the basis of evidence of compliance supplied to
25  the vendor by a continuing education provider.
26         3.a.  The vendor must provide the department, with the
27  report required under subparagraph 1., a list, in a form
28  determined by the department, identifying each licensee who
29  the vendor has determined is not in compliance with applicable
30  continuing education requirements.
31  
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 1         b.  The vendor shall provide the department with access
 2  to such information and services as the department deems
 3  necessary to ensure that the actions of the vendor conform to
 4  the contract and to the duties of the department and the
 5  vendor under this subsection.
 6         4.  The department shall ensure the vendor access to
 7  such information from continuing education providers as is
 8  necessary to determine the continuing education record of each
 9  licensee. The vendor shall inform the department of any
10  provider that fails to provide such information to the vendor.
11         5.  If the vendor fails to comply with a provision of
12  the contract, the vendor is obligated to pay the department
13  liquidated damages in the amounts specified in the contract.
14         6.  The department's payments to the vendor must be
15  based on the number of licensees monitored. The department may
16  allocate from the unlicensed activity account of any
17  profession under s. 455.2281 up to $2 per licensee for the
18  monitoring of that profession's licensees under this
19  subsection, which allocations are the exclusive source of
20  funding for contracts under this subsection.
21         7.  A continuing education provider is not eligible to
22  be a vendor under this subsection.
23         (b)  When it receives notice from a vendor that a
24  licensee is not in compliance with continuing education
25  requirements, the department shall send the licensee written
26  notice that disciplinary actions will be taken, together with
27  a description of the remedies available to the licensee under
28  the dispute resolution process created under paragraph (c). If
29  a licensee does not prevail in the dispute resolution process,
30  the department:
31  
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 1         1.  May impose an administrative fine in the amount of
 2  $500 against the licensee; however, the department may reduce
 3  the amount of the fine to $250 if the licensee comes into
 4  compliance with the applicable continuing education
 5  requirements within 90 days after imposition of the original
 6  fine. All proceeds of fines under this subparagraph shall be
 7  deposited in the appropriate unlicensed activity account under
 8  s. 455.2281.
 9         (2)2.  May refuse any further renewal of a the
10  licensee's license until unless the licensee has paid the fine
11  and satisfied all the applicable continuing education
12  requirements. This subsection does not preclude the department
13  or boards from imposing additional penalties pursuant to the
14  applicable practice act or rules adopted pursuant thereto.
15         (c)  The department is authorized to adopt by rule a
16  process for the resolution of disputes between a vendor and a
17  continuing education provider, between a vendor and a
18  licensee, and between a licensee and a continuing education
19  provider. The process shall ensure all parties a fair
20  opportunity to correct any erroneous information. If the
21  parties are unable to reach an agreement, the department shall
22  determine the resolution of the dispute.
23         (d)  Upon the failure of a vendor to meet its
24  obligations under a contract as provided in paragraph (a), the
25  department may suspend the contract and enter into an
26  emergency contract under s. 287.057(5).
27         (3)  Notwithstanding any other provision of law to the
28  contrary and regardless of whether the compliance monitoring
29  system is privatized, neither the department nor a board may
30  impose any sanction other than the sanctions specified in
31  paragraph (2)(b) for the failure of a licensee to meet
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 1  continuing education requirements. This subsection does not
 2  apply to actions under chapter 473.
 3         (3)(4)  The department may shall waive the continuing
 4  education monitoring requirements of this section for any
 5  profession that demonstrates to the department that the
 6  monitoring system places an undue burden on the profession it
 7  has a program in place which measures compliance with
 8  continuing education requirements through statistical sampling
 9  techniques or other methods and can indicate that at least 95
10  percent of its licensees are in compliance.
11         (4)(5)  The department may is authorized to adopt rules
12  under ss. 120.536(1) and 120.54 to implement this section.
13         Section 3.  Section 455.2178, Florida Statutes, is
14  amended to read:
15         455.2178  Continuing education providers.--If the
16  monitoring of compliance with continuing education
17  requirements is privatized pursuant to s. 455.2177:
18         (1)(a)  The department shall notify each approved
19  continuing education provider of the name and address of all
20  vendors that monitor compliance of licensees under s.
21  455.2177. If the department contracts with more than one
22  vendor under s. 455.2177, the notice shall specify the
23  professions to be monitored by each vendor.
24         (1)(b)  Each continuing education provider shall
25  provide to the department appropriate vendor such information
26  regarding the continuing education status of licensees as the
27  department determines is necessary for the vendor to carry out
28  its duties under s. 455.2177, in an electronic format s.
29  455.2177(2), in a form determined by the department. After a
30  licensee's completion of a course, the information must be
31  submitted to the department vendor electronically no later
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 1  than 30 calendar 5 business days thereafter or prior to the
 2  licensee's renewal date, whichever occurs sooner after a
 3  licensee's completion of a course. The foregoing applies only
 4  if the profession has not been granted a waiver from the
 5  monitoring requirements under s. 455.2177. Upon the request of
 6  a licensee, the provider must also furnish to the department a
 7  vendor information regarding courses completed by the
 8  licensee.
 9         (2)  Each continuing education provider shall retain
10  all records relating to a licensee's completion of continuing
11  education courses for at least 4 years after completion of a
12  course.
13         (3)  A continuing education provider may not be
14  approved, and the approval may not be renewed, unless the
15  provider agrees in writing to provide such cooperation with
16  vendors under this section and s. 455.2177 as the department
17  deems necessary or appropriate.
18         (4)  The department may fine, suspend, or immediately
19  revoke approval of any continuing education provider that
20  fails to comply with its duties under this section. Such fine
21  may not exceed $500 per violation. Investigations and
22  prosecutions of a provider's failure to comply with its duties
23  under this section shall be conducted pursuant to s. 455.225.
24         (5)  For the purpose of determining which persons or
25  entities must meet the reporting, recordkeeping, and access
26  provisions of this section, the board of any profession
27  subject to this section, or the department if there is no
28  board, shall, by rule, adopt a definition of the term
29  "continuing education provider" applicable to the profession's
30  continuing education requirements. The intent of the rule
31  shall be to ensure that all records and information necessary
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 1  to carry out the requirements of this section and s. 455.2177
 2  are maintained and transmitted accordingly and to minimize
 3  disputes as to what person or entity is responsible for
 4  maintaining and reporting such records and information.
 5         (6)  The department may has the authority to adopt
 6  rules under ss. 120.536(1) and 120.54 to implement this
 7  section.
 8         Section 4.  Section 455.2179, Florida Statutes, is
 9  amended to read:
10         455.2179  Continuing education provider and course
11  approval; cease and desist orders.--
12         (1)  If a board, or the department if there is no
13  board, requires completion of continuing education as a
14  requirement for renewal of a license, the board, or the
15  department if there is no board, shall approve providers of
16  the continuing education. The approval of a continuing
17  education providers and courses provider must be for a
18  specified period of time, not to exceed 4 years. An approval
19  that does not include such a time limitation may remain in
20  effect pursuant to the applicable practice act or the rules
21  adopted under the applicable practice act only until July 1,
22  2001, unless earlier replaced by an approval that includes
23  such a time limitation.
24         (2)  The board, or the department if there is no, on
25  its own motion or at the request of a board, shall issue an
26  order requiring a person or entity to cease and desist from
27  offering any continuing education programs for licensees, and
28  fining, suspending, or revoking any approval of the provider
29  previously granted by the board, or the department if there is
30  no or a board, if the board, or the department if there is no
31  or a board, determines that the person or entity failed to
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 1  provide appropriate continuing education services that conform
 2  to approved course material. Such fine may not exceed $500 per
 3  violation. Investigations and prosecutions of a provider's
 4  failure to comply with its duties under this section shall be
 5  conducted under s. 455.225.
 6         (3)  Each board authorized to approve continuing
 7  education providers, or the department if there is no board,
 8  may establish, by rule, a fee not to exceed $250 for anyone
 9  seeking approval to provide continuing education courses and
10  may establish, by rule, a biennial fee not to exceed $250 for
11  the renewal of providership of such courses. The Florida Real
12  Estate Commission, authorized under the provisions of chapter
13  475 to approve prelicensure, precertification, and
14  postlicensure education providers, may establish, by rule, an
15  application fee not to exceed $250 for anyone seeking approval
16  to offer prelicensure, precertification, or postlicensure
17  education courses and may establish, by rule, a biennial fee
18  not to exceed $250 for the renewal of such courses. Such
19  post-licensure education courses are subject to the reporting,
20  monitoring, and compliance provisions of this section and ss.
21  455.2177 and 455.2178.
22         (4)  The department and each affected board may adopt
23  rules pursuant to ss. 120.536(1) and 120.54 to implement the
24  provisions of this section.
25         Section 5.  Section 455.2281, Florida Statutes, is
26  amended to read:
27         455.2281  Unlicensed activities; fees; disposition.--In
28  order to protect the public and to ensure a consumer-oriented
29  department, it is the intent of the Legislature that vigorous
30  enforcement of regulation for all professional activities is a
31  state priority. All enforcement costs should be covered by
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 1  professions regulated by the department. Therefore, the
 2  department shall impose, upon initial licensure and each
 3  renewal thereof, a special fee of $5 per licensee. Such fee
 4  shall be in addition to all other fees collected from each
 5  licensee and shall fund efforts to combat unlicensed activity.
 6  Any profession regulated by the department which offers
 7  services that are not subject to regulation when provided by
 8  an unlicensed person may use funds in its unlicensed activity
 9  account to inform the public of such situation. The board with
10  concurrence of the department, or the department when there is
11  no board, may earmark $5 of the current licensure fee for this
12  purpose, if such board, or profession regulated by the
13  department, is not in a deficit and has a reasonable cash
14  balance. A board or profession regulated by the department may
15  authorize the transfer of funds from the operating fund
16  account to the unlicensed activity account of that profession
17  if the operating fund account is not in a deficit and has a
18  reasonable cash balance. The department shall make direct
19  charges to this fund by profession and shall not allocate
20  indirect overhead. The department shall seek board advice
21  regarding enforcement methods and strategies prior to
22  expenditure of funds; however, the department may, without
23  board advice, allocate funds to cover the costs of continuing
24  education compliance monitoring under s. 455.2177. The
25  department shall directly credit, by profession, revenues
26  received from the department's efforts to enforce licensure
27  provisions, including revenues received from fines collected
28  under s. 455.2177. The department shall include all financial
29  and statistical data resulting from unlicensed activity
30  enforcement and from continuing education compliance
31  monitoring as separate categories in the quarterly management
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 1  report provided for in s. 455.219. The department shall not
 2  charge the account of any profession for the costs incurred on
 3  behalf of any other profession. For an unlicensed activity
 4  account, a balance which remains at the end of a renewal cycle
 5  may, with concurrence of the applicable board and the
 6  department, be transferred to the operating fund account of
 7  that profession.
 8         Section 6.  Paragraph (b) of subsection (3) of section
 9  481.205, Florida Statutes, is amended to read:
10         481.205  Board of Architecture and Interior Design.--
11         (3)
12         (b)  Notwithstanding the provisions of s. 455.32(13),
13  The board, in lieu of the department, shall contract with a
14  corporation or other business entity pursuant to s. 287.057(3)
15  to provide investigative, legal, prosecutorial, and other
16  services necessary to perform its duties.
17         Section 7.  This act shall take effect July 1, 2004.
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2026
 3                                 
 4  The committee substitute:
 5  o    Changes the term "executive director" to "contract
         manager."
 6  
    o    Provides a definition for the term "business case."
 7  
    o    Provides that no professional board member may also serve
 8       on the board of directors for the corporation.
 9  o    Provides for the removal of the corporation's directors
         by the Governor instead of the department.
10  
    o    Requires a financial model and business case for the
11       corporation with projected costs for the first two years.
         The business case must be approved by the Governor.
12  
    o    Authorizes the corporation to initiate disciplinary
13       investigations, and authorizes the department to delegate
         to the corporation the authority to issue emergency
14       suspension or restriction orders.
15  o    Requires the board to retain the board counsel, and the
         corporation must pay for all direct and indirect costs
16       associated with monitoring the contract.
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