Senate Bill sb2026c2
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By the Committees on Governmental Oversight and Productivity;
Regulated Industries; and Senator Pruitt
302-2430-04
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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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.
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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
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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
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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
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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. The Auditor General and the Office of Program
14 Policy Analysis and Government Accountability shall have
15 access to all records of the corporation as necessary to
16 conduct financial and operational audits or examinations.
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.
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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:
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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.
7 The department shall waive the continuing education monitoring
8 requirements of this section for any profession that it has a
9 program in place which measures compliance with continuing
10 education requirements through statistical sampling techniques
11 or other methods and can indicate that at least 95 percent of
12 its licensees are in compliance.
13 (4)(5) The department may is authorized to adopt rules
14 under ss. 120.536(1) and 120.54 to implement this section.
15 Section 3. Section 455.2178, Florida Statutes, is
16 amended to read:
17 455.2178 Continuing education providers.--If the
18 monitoring of compliance with continuing education
19 requirements is privatized pursuant to s. 455.2177:
20 (1)(a) The department shall notify each approved
21 continuing education provider of the name and address of all
22 vendors that monitor compliance of licensees under s.
23 455.2177. If the department contracts with more than one
24 vendor under s. 455.2177, the notice shall specify the
25 professions to be monitored by each vendor.
26 (1)(b) Each continuing education provider shall
27 provide to the department appropriate vendor such information
28 regarding the continuing education status of licensees as the
29 department determines is necessary for the vendor to carry out
30 its duties under s. 455.2177, in an electronic format s.
31 455.2177(2), in a form determined by the department. After a
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1 licensee's completion of a course, the information must be
2 submitted to the department vendor electronically no later
3 than 30 calendar 5 business days thereafter or prior to the
4 licensee's renewal date, whichever occurs sooner after a
5 licensee's completion of a course. The foregoing applies only
6 if the profession has not been granted a waiver from the
7 monitoring requirements under s. 455.2177. Upon the request of
8 a licensee, the provider must also furnish to the department a
9 vendor information regarding courses completed by the
10 licensee.
11 (2) Each continuing education provider shall retain
12 all records relating to a licensee's completion of continuing
13 education courses for at least 4 years after completion of a
14 course.
15 (3) A continuing education provider may not be
16 approved, and the approval may not be renewed, unless the
17 provider agrees in writing to provide such cooperation with
18 vendors under this section and s. 455.2177 as the department
19 deems necessary or appropriate.
20 (4) The department may fine, suspend, or immediately
21 revoke approval of any continuing education provider that
22 fails to comply with its duties under this section. Such fine
23 may not exceed $500 per violation. Investigations and
24 prosecutions of a provider's failure to comply with its duties
25 under this section shall be conducted pursuant to s. 455.225.
26 (5) For the purpose of determining which persons or
27 entities must meet the reporting, recordkeeping, and access
28 provisions of this section, the board of any profession
29 subject to this section, or the department if there is no
30 board, shall, by rule, adopt a definition of the term
31 "continuing education provider" applicable to the profession's
19
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1 continuing education requirements. The intent of the rule
2 shall be to ensure that all records and information necessary
3 to carry out the requirements of this section and s. 455.2177
4 are maintained and transmitted accordingly and to minimize
5 disputes as to what person or entity is responsible for
6 maintaining and reporting such records and information.
7 (6) The department may has the authority to adopt
8 rules under ss. 120.536(1) and 120.54 to implement this
9 section.
10 Section 4. Section 455.2179, Florida Statutes, is
11 amended to read:
12 455.2179 Continuing education provider and course
13 approval; cease and desist orders.--
14 (1) If a board, or the department if there is no
15 board, requires completion of continuing education as a
16 requirement for renewal of a license, the board, or the
17 department if there is no board, shall approve providers of
18 the continuing education. The approval of a continuing
19 education providers and courses provider must be for a
20 specified period of time, not to exceed 4 years. An approval
21 that does not include such a time limitation may remain in
22 effect pursuant to the applicable practice act or the rules
23 adopted under the applicable practice act only until July 1,
24 2001, unless earlier replaced by an approval that includes
25 such a time limitation.
26 (2) The board, or the department if there is no, on
27 its own motion or at the request of a board, shall issue an
28 order requiring a person or entity to cease and desist from
29 offering any continuing education programs for licensees, and
30 fining, suspending, or revoking any approval of the provider
31 previously granted by the board, or the department if there is
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1 no or a board, if the board, or the department if there is no
2 or a board, determines that the person or entity failed to
3 provide appropriate continuing education services that conform
4 to approved course material. Such fine may not exceed $500 per
5 violation. Investigations and prosecutions of a provider's
6 failure to comply with its duties under this section shall be
7 conducted under s. 455.225.
8 (3) Each board authorized to approve continuing
9 education providers, or the department if there is no board,
10 may establish, by rule, a fee not to exceed $250 for anyone
11 seeking approval to provide continuing education courses and
12 may establish, by rule, a biennial fee not to exceed $250 for
13 the renewal of providership of such courses. The Florida Real
14 Estate Commission, authorized under the provisions of chapter
15 475 to approve prelicensure, precertification, and
16 postlicensure education providers, may establish, by rule, an
17 application fee not to exceed $250 for anyone seeking approval
18 to offer prelicensure, precertification, or postlicensure
19 education courses and may establish, by rule, a biennial fee
20 not to exceed $250 for the renewal of such courses. Such
21 post-licensure education courses are subject to the reporting,
22 monitoring, and compliance provisions of this section and ss.
23 455.2177 and 455.2178.
24 (4) The department and each affected board may adopt
25 rules pursuant to ss. 120.536(1) and 120.54 to implement the
26 provisions of this section.
27 Section 5. Section 455.2281, Florida Statutes, is
28 amended to read:
29 455.2281 Unlicensed activities; fees; disposition.--In
30 order to protect the public and to ensure a consumer-oriented
31 department, it is the intent of the Legislature that vigorous
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1 enforcement of regulation for all professional activities is a
2 state priority. All enforcement costs should be covered by
3 professions regulated by the department. Therefore, the
4 department shall impose, upon initial licensure and each
5 renewal thereof, a special fee of $5 per licensee. Such fee
6 shall be in addition to all other fees collected from each
7 licensee and shall fund efforts to combat unlicensed activity.
8 Any profession regulated by the department which offers
9 services that are not subject to regulation when provided by
10 an unlicensed person may use funds in its unlicensed activity
11 account to inform the public of such situation. The board with
12 concurrence of the department, or the department when there is
13 no board, may earmark $5 of the current licensure fee for this
14 purpose, if such board, or profession regulated by the
15 department, is not in a deficit and has a reasonable cash
16 balance. A board or profession regulated by the department may
17 authorize the transfer of funds from the operating fund
18 account to the unlicensed activity account of that profession
19 if the operating fund account is not in a deficit and has a
20 reasonable cash balance. The department shall make direct
21 charges to this fund by profession and shall not allocate
22 indirect overhead. The department shall seek board advice
23 regarding enforcement methods and strategies prior to
24 expenditure of funds; however, the department may, without
25 board advice, allocate funds to cover the costs of continuing
26 education compliance monitoring under s. 455.2177. The
27 department shall directly credit, by profession, revenues
28 received from the department's efforts to enforce licensure
29 provisions, including revenues received from fines collected
30 under s. 455.2177. The department shall include all financial
31 and statistical data resulting from unlicensed activity
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1 enforcement and from continuing education compliance
2 monitoring as separate categories in the quarterly management
3 report provided for in s. 455.219. The department shall not
4 charge the account of any profession for the costs incurred on
5 behalf of any other profession. For an unlicensed activity
6 account, a balance which remains at the end of a renewal cycle
7 may, with concurrence of the applicable board and the
8 department, be transferred to the operating fund account of
9 that profession.
10 Section 6. Paragraph (b) of subsection (3) of section
11 481.205, Florida Statutes, is amended to read:
12 481.205 Board of Architecture and Interior Design.--
13 (3)
14 (b) Notwithstanding the provisions of s. 455.32(13),
15 The board, in lieu of the department, shall contract with a
16 corporation or other business entity pursuant to s. 287.057(3)
17 to provide investigative, legal, prosecutorial, and other
18 services necessary to perform its duties.
19 Section 7. This act shall take effect July 1, 2004.
20
21 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
22 CS/SB 2026
23
24 Restores requirement that Department waive monitoring of
continuing education requirement if a profession has a program
25 in place which measures compliance with continuing education
requirements through statistical sampling technique or other
26 methods and can indicate that at least 95 of its licensees are
in compliance.
27
Adds requirements giving the Auditor General and OPPAGA access
28 for examinations.
29
30
31
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