Senate Bill sb2026er

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  1                                 

  2         An act relating to regulation of professions

  3         and occupations under the Department of

  4         Business and Professional Regulation; amending

  5         s. 455.32, F.S.; revising the Management

  6         Privatization Act; providing definitions;

  7         authorizing the department, pursuant to board,

  8         commission, or council request, to establish

  9         and contract with a nonprofit corporation to

10         perform support services specified pursuant to

11         contract for the applicable profession;

12         requiring development of a business case

13         subject to executive and legislative approval;

14         providing corporation organization, powers,

15         duties, and staff; authorizing per diem and

16         reimbursement for travel expenses; requiring

17         adherence to the code of ethics for public

18         officers and employees; providing sovereign

19         immunity; providing for corporation boards of

20         directors and for contract managers; providing

21         contract 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; amending s.

25         509.013, F.S.; defining the term "third party

26         provider" for purposes of public lodging and

27         public food service establishments; amending s.

28         509.049, F.S.; revising provisions regarding

29         approval of foods safety training programs and

30         responsibilities of public food service

31         establishments, employees, and third party


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 1         providers of training; revising rulemaking

 2         authority; providing penalties; providing an

 3         effective date.

 4  

 5  Be It Enacted by the Legislature of the State of Florida:

 6  

 7         Section 1.  Section 455.32, Florida Statutes, is

 8  amended to read:

 9         (Substantial rewording of section. See

10         s. 455.32, F.S., for present text.)

11         455.32  Management Privatization Act.--

12         (1)  This section shall be known by the popular name

13  the "Management Privatization Act."

14         (2)  The purpose of this section is to create a model

15  for contracting with nonprofit corporations to provide

16  services for the regulation of Florida's professionals which

17  will ensure a consistent, effective application of regulatory

18  provisions and appropriate budgetary oversight to achieve the

19  most efficient use of public funds. Nonprofit corporations may

20  be established pursuant to this section to provide

21  administrative, examination, licensing, investigative, and

22  prosecutorial services to any board created within the

23  department pursuant to chapter 20 in accordance with the

24  provisions of this chapter and the applicable practice act. No

25  additional entities may be created to provide these services.

26         (3)  As used in this section, the term:

27         (a)  "Board" means any board, commission, or council

28  created within the department pursuant to chapter 20.

29         (b)  "Corporation" means any nonprofit corporation with

30  which the department contracts pursuant to subsection (14).

31  


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 1         (c)  "Department" means the Department of Business and

 2  Professional Regulation.

 3         (d)  "Contract manager" means an employee of the

 4  department who serves as a liaison between the department, the

 5  board, and the corporation and is responsible for ensuring

 6  that the police powers of the state are not exercised by the

 7  corporation, while also serving as the contract monitor.

 8         (e)  "Business case" means a needs assessment,

 9  financial feasibility study, and corporate financial model as

10  specified in paragraph (4).

11         (f)  "Performance standards and measurable outcomes"

12  shall include, but not be limited to, timeliness and

13  qualitative criteria for the activities specified in paragraph

14  (6)(o).

15         (g)  "Secretary" means the Secretary of Business and

16  Professional Regulation.

17         (4)  Based upon the request of any board, the

18  department is authorized to establish and contract with a

19  nonprofit corporation to provide administrative, examination,

20  licensing, investigative, and prosecutorial services to that

21  board, in accordance with the provisions of this chapter and

22  the applicable practice act and as specified in a contract

23  between the department and the corporation. The privatization

24  request must contain a business case that includes a needs

25  assessment and financial feasibility study performed by the

26  board or an entity commissioned by a majority vote of the

27  board. The needs assessment must contain specific performance

28  standards and measurable outcomes and an evaluation of the

29  department's current and projected performance in regard to

30  those standards. The feasibility study must include the

31  financial status of the board for the current fiscal year and


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 1  the next 2 fiscal years. A financial model for the corporation

 2  must also be developed which includes projected costs and

 3  expenses for the first 2 years of operation and specific

 4  performance standards and measurable outcomes. The business

 5  case must be approved by the Executive Office of the Governor

 6  and the Legislative Budget Commission prior to the

 7  establishment of the nonprofit corporation.

 8         (5)  Any such corporation may hire staff as necessary

 9  to carry out its functions. Such staff are not public

10  employees for the purposes of chapter 110 or chapter 112,

11  except that the board of directors and the employees of the

12  corporation are subject to the provisions of s. 112.061 and

13  part III of chapter 112. The provisions of s. 768.28 apply to

14  each such corporation, which is deemed to be a corporation

15  primarily acting as an instrumentality of the state but which

16  is not an agency within the meaning of s. 20.03(11).

17         (6)  Each corporation created to perform the functions

18  provided in this section shall:

19         (a)  Be a Florida corporation not for profit,

20  incorporated under the provisions of chapter 617.

21         (b)  Provide administrative, examination, licensing,

22  investigative, and prosecutorial services to the board, which

23  services may include unlicensed activity investigations and

24  prosecutions, in accordance with the provisions of this

25  chapter, the applicable practice act, and the contract

26  required by this section.

27         (c)  Receive, hold, and administer property and make

28  only prudent expenditures directly related to the

29  responsibilities of the applicable board and in accordance

30  with the contract required by this section.

31  


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 1         (d)  Be approved by the department to operate for the

 2  benefit of the board and in the best interest of the state.

 3         (e)  Operate under a fiscal year that begins on July 1

 4  of each year and ends on June 30 of the following year.

 5         (f)  Be funded through appropriations allocated to the

 6  regulation of the relevant profession from the Professional

 7  Regulation Trust Fund pursuant to s. 455.219.

 8         (g)  Have a five-member board of directors, three of

 9  whom are to be appointed by the applicable board and must be

10  licensees regulated by that board and two of whom are to be

11  appointed by the secretary and are laypersons not regulated by

12  that board. Initially, one member shall be appointed for 2

13  years, two members shall be appointed for 3 years, and two

14  members shall be appointed for 4 years. One layperson shall be

15  appointed to a 3-year term and one layperson shall be

16  appointed to a 4-year term. Thereafter, all appointments shall

17  be for 4-year terms. No new member shall serve more than two

18  consecutive terms. Failure to attend three consecutive

19  meetings shall be deemed a resignation from the board of

20  directors, and the vacancy shall be filled by a new

21  appointment. No professional board member may also serve on

22  the board of directors for the corporation.

23         (h)  Select its officers in accordance with its bylaws.

24  The members of the board of directors may be removed by the

25  Governor, for the same reasons that a board member may be

26  removed pursuant to s. 455.209.

27         (i)  Select the president of the corporation, who shall

28  manage the operations of the corporation, subject to the

29  approval of the board.

30         (j)  Use a portion of the interest derived from the

31  corporation account to offset the costs associated with the


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 1  use of credit cards for payment of fees by applicants or

 2  licensees.

 3         (k)  Operate under a written contract with the

 4  department.

 5         (l)  Provide for an annual financial audit of its

 6  financial accounts and records by an independent certified

 7  public accountant. The annual audit report shall include a

 8  management letter in accordance with s. 11.45 and a detailed

 9  supplemental schedule of expenditures for each expenditure

10  category. The annual audit report must be submitted to the

11  board, the department, and the Auditor General for review.

12         (m)  Provide for all employees and nonemployees charged

13  with the responsibility of receiving and depositing fee and

14  fine revenues to have a faithful performance bond in such an

15  amount and according to such terms as shall be determined in

16  the contract.

17         (n)  Keep financial and statistical information as

18  necessary to completely disclose the financial condition and

19  operation of the corporation and as requested by the Office of

20  Program Policy Analysis and Government Accountability, the

21  Auditor General, and the department.

22         (o)  Submit to the secretary, the board, and the

23  Legislature, on or before October 1 of each year, a report

24  describing all of the activities of the corporation for the

25  previous fiscal year which includes, but is not limited to,

26  information concerning the programs and funds that have been

27  transferred to the corporation. The report must include:

28         1.  The number of license renewals.

29         2.  The number of license applications received.

30         3.  The number of license applications approved and

31  denied and the number of licenses issued.


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 1         4.  The average time required to issue a license.

 2         5.  The number of examinations administered and the

 3  number of applicants who passed or failed the examination.

 4         6.  The number of complaints received.

 5         7.  The number of complaints determined to be legally

 6  sufficient.

 7         8.  The number of complaints dismissed.

 8         9.  The number of complaints determined to have

 9  probable cause.

10         10.  The number of administrative complaints issued and

11  the status of the complaints.

12         11.  The number and nature of disciplinary actions

13  taken by the board.

14         12.  All revenues received and all expenses incurred by

15  the corporation during the preceding fiscal year in its

16  performance of the duties under the contract.

17         13.  Any audit performed under paragraph (l), including

18  financial reports and performance audits.

19         14.  The status of the compliance of the corporation

20  with all performance-based program measures adopted by the

21  board.

22         (p)  Meet or exceed the requirements of the business

23  case developed by the board and approved by the Executive

24  Office of the Governor and the Legislative Budget Commission.

25         (7)  The department shall annually certify that the

26  corporation is complying with the terms of the contract in a

27  manner consistent with the goals and purposes of the board and

28  in the best interest of the state. If the department

29  determines the corporation is not compliant with the terms of

30  the contract, including performance standards and measurable

31  


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 1  outcomes, the contract may be terminated as provided in

 2  paragraph (14)(e).

 3         (8)  Nothing in this section shall limit the ability of

 4  the corporation to enter into contracts and perform all other

 5  acts incidental to those contracts which are necessary for the

 6  administration of its affairs and for the attainment of its

 7  purposes.

 8         (9)  The corporation may acquire by lease, and

 9  maintain, use, and operate, any real or personal property

10  necessary to perform the duties provided by the contract and

11  this section.

12         (10)  The corporation may exercise the authority

13  assigned to the department or board under this section or the

14  practice act of the relevant profession, pursuant to the

15  contract, including but not limited to initiating disciplinary

16  investigations for unlicensed practice of the relevant

17  profession. The corporation may make a determination of legal

18  sufficiency to begin the investigative process as provided in

19  s. 455.225.  However, the department or the board may not

20  delegate to the corporation, by contract or otherwise, the

21  authority for determining probable cause to pursue

22  disciplinary action against a licensee, taking final action on

23  license actions or on disciplinary cases, or adopting

24  administrative rules under chapter 120.

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 or may delegate concurrent authority for

31  this purpose to the relevant professional board.


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 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  examination, licensing, investigative, and prosecutorial

22  services in accordance with the provisions of this section and

23  the practice act of the relevant profession. The prosecutorial

24  functions of the corporation shall include the authority to

25  pursue investigations leading to unlicensed practice

26  complaints, with the approval of and at the direction of the

27  relevant professional board. With approval of the department

28  and the board, the corporation may subcontract for specialized

29  services for the investigation and prosecution of unlicensed

30  activity pursuant to this chapter. The corporation shall be

31  required to report all criminal matters, including unlicensed


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 1  activity that constitutes a crime, to the state attorney for

 2  criminal prosecution pursuant to s. 455.2277.

 3         (b)  The articles of incorporation and bylaws of the

 4  corporation be approved by the department.

 5         (c)  The corporation submit an annual budget for

 6  approval by the department. If the department's appropriations

 7  request differs from the budget submitted by the corporation,

 8  the relevant professional board shall be permitted to

 9  authorize the inclusion in the appropriations request a

10  comment or statement of disagreement with the department's

11  request.

12         (d)  The corporation utilize the department's licensing

13  and computerized database system.

14         (e)  The corporation be annually certified by the

15  department as 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. As part of the annual

18  certification, the department shall make quarterly assessments

19  regarding contract compliance by the corporation. The contract

20  must also provide for methods and mechanisms for resolving any

21  situation in which the assessment and certification process

22  determines noncompliance, to include termination.

23         (f)  The department employ a contract manager to

24  actively monitor the activities of the corporation to ensure

25  compliance with the contract, the provisions of this chapter,

26  and the applicable practice act.

27         (g)  The corporation be funded through appropriations

28  allocated to the regulation of the relevant profession from

29  the Professional Regulation Trust Fund.

30         (h)  If the corporation is no longer approved to

31  operate for the board or the board ceases to exist, all


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 1  moneys, records, data, and property held in trust by the

 2  corporation for the benefit of the board revert to the

 3  department, or the state if the department ceases to exist.

 4  All records and data in a computerized database must be

 5  returned to the department in a form that is compatible with

 6  the computerized database of the department.

 7         (i)  The corporation secure and maintain, during the

 8  term of the contract and for all acts performed during the

 9  term of the contract, all liability insurance coverages in an

10  amount to be approved by the department to defend, indemnify,

11  and hold harmless the corporation and its officers and

12  employees, the department and its employees, the board, and

13  the state against all claims arising from state and federal

14  laws. Such insurance coverage must be with insurers qualified

15  and doing business in the state. The corporation must provide

16  proof of insurance to the department. The department and its

17  employees, the board, and the state are exempt from and are

18  not liable for any sum of money which represents a deductible,

19  which sums shall be the sole responsibility of the

20  corporation. Violation of this paragraph shall be grounds for

21  terminating the contract.

22         (j)  The board, in lieu of the department, shall retain

23  board counsel pursuant to the requirements of s. 455.221. The

24  corporation, out of its allocated budget, shall pay all costs

25  of representation by the board counsel, including salary and

26  benefits, travel, and any other compensation traditionally

27  paid by the department to other board counsels.

28         (k)  The corporation, out of its allocated budget, pay

29  to the department all costs incurred by the corporation or the

30  board for the Division of Administrative Hearings of the

31  


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 1  Department of Management Services and any other cost for

 2  utilization of these state services.

 3         (l)  The corporation, out of its allocated budget, pay

 4  to the department all direct and indirect costs associated

 5  with the monitoring of the contract, including salary and

 6  benefits, travel, and other related costs traditionally paid

 7  to state employees.

 8         (m)  The corporation comply with the performance

 9  standards and measurable outcomes developed by the board and

10  the department. The performance standards and measurable

11  outcomes must be specified within the contract.

12         (15)  Corporation records are public records subject to

13  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

14  State Constitution; however, public records exemptions set

15  forth in ss. 455.217, 455.225, and 455.229 for records held by

16  the department shall apply to records held by the corporation.

17  In addition, all meetings of the board of directors are open

18  to the public in accordance with s. 286.011 and s. 24(b), Art.

19  I of the State Constitution. The department and the board

20  shall have access to all records of the corporation as

21  necessary to exercise their authority to approve and supervise

22  the contract. The Auditor General and the Office of Program

23  Policy Analysis and Government Accountability shall have

24  access to all records of the corporation as necessary to

25  conduct financial and operational audits or examinations.

26         (16)  If any provision of this section is held to be

27  unconstitutional or is held to violate the state or federal

28  antitrust laws, the following shall occur:

29         (a)  The corporation shall cease and desist from

30  exercising any powers and duties enumerated in this section.

31  


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 1         (b)  The department shall resume the performance of

 2  such activities. The department shall regain and receive,

 3  hold, invest, and administer property and make expenditures

 4  for the benefit of the board.

 5         (c)  The Executive Office of the Governor,

 6  notwithstanding chapter 216, may reestablish positions, budget

 7  authority, and salary rate necessary to carry out the

 8  department's responsibilities related to the board.

 9         Section 2.  Section 455.2177, Florida Statutes, is

10  amended to read:

11         455.2177  Monitoring of compliance with continuing

12  education requirements.--

13         (1)  The department shall establish a system to monitor

14  licensee compliance with applicable continuing education

15  requirements and to determine each licensee's continuing

16  education status. The department is authorized to provide for

17  a phase-in of the compliance monitoring system, but the system

18  must provide for monitoring of compliance with applicable

19  continuing education requirements by all professions regulated

20  by the department no later than July 1, 2002. The compliance

21  monitoring system may use staff of the department or may be

22  privatized. As used in this section, the term "monitor" means

23  the act of determining, for each licensee, whether the

24  licensee was in full compliance with applicable continuing

25  education requirements as of the time of the licensee's

26  license renewal.

27         (2)  If the compliance monitoring system required under

28  this section is privatized, the following provisions apply:

29         (a)  The department may contract pursuant to s. 287.057

30  with a vendor or vendors for the monitoring of compliance with

31  applicable continuing education requirements by all licensees


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 1  within one or more professions regulated by the department.

 2  The contract shall include, but need not be limited to, the

 3  following terms and conditions:

 4         1.a.  The vendor shall create a computer database, in

 5  the form required by the department, that includes the

 6  continuing education status of each licensee and shall provide

 7  a report to the department within 90 days after the vendor

 8  receives the list of licensees to be monitored as provided in

 9  sub-subparagraph b. The report shall be in a format determined

10  by the department and shall include each licensee's continuing

11  education status by license number, hours of continuing

12  education credit per cycle, and such other information the

13  department deems necessary.

14         b.  No later than 30 days after the end of each renewal

15  period, the department shall provide to the vendor a list that

16  includes all licensees of a particular profession whose

17  licenses were renewed during a particular renewal period. In

18  order to account for late renewals, the department shall

19  provide the vendor with such updates to the list as are

20  mutually determined to be necessary.

21         2.a.  Before the vendor informs the department of the

22  status of any licensee the vendor has determined is not in

23  compliance with continuing education requirements, the vendor,

24  acting on behalf of the department, shall provide the licensee

25  with a notice stating that the vendor has determined that the

26  licensee is not in compliance with applicable continuing

27  education requirements. The notice shall also include the

28  licensee's continuing education record for the renewal period,

29  as shown in the records of the vendor, and a description of

30  the process for correcting the vendor's record under

31  sub-subparagraph b.


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 1         b.  The vendor shall give the licensee 45 days to

 2  correct the vendor's information. The vendor shall correct a

 3  record only on the basis of evidence of compliance supplied to

 4  the vendor by a continuing education provider.

 5         3.a.  The vendor must provide the department, with the

 6  report required under subparagraph 1., a list, in a form

 7  determined by the department, identifying each licensee who

 8  the vendor has determined is not in compliance with applicable

 9  continuing education requirements.

10         b.  The vendor shall provide the department with access

11  to such information and services as the department deems

12  necessary to ensure that the actions of the vendor conform to

13  the contract and to the duties of the department and the

14  vendor under this subsection.

15         4.  The department shall ensure the vendor access to

16  such information from continuing education providers as is

17  necessary to determine the continuing education record of each

18  licensee. The vendor shall inform the department of any

19  provider that fails to provide such information to the vendor.

20         5.  If the vendor fails to comply with a provision of

21  the contract, the vendor is obligated to pay the department

22  liquidated damages in the amounts specified in the contract.

23         6.  The department's payments to the vendor must be

24  based on the number of licensees monitored. The department may

25  allocate from the unlicensed activity account of any

26  profession under s. 455.2281 up to $2 per licensee for the

27  monitoring of that profession's licensees under this

28  subsection, which allocations are the exclusive source of

29  funding for contracts under this subsection.

30         7.  A continuing education provider is not eligible to

31  be a vendor under this subsection.


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 1         (b)  When it receives notice from a vendor that a

 2  licensee is not in compliance with continuing education

 3  requirements, the department shall send the licensee written

 4  notice that disciplinary actions will be taken, together with

 5  a description of the remedies available to the licensee under

 6  the dispute resolution process created under paragraph (c). If

 7  a licensee does not prevail in the dispute resolution process,

 8  the department:

 9         1.  May impose an administrative fine in the amount of

10  $500 against the licensee; however, the department may reduce

11  the amount of the fine to $250 if the licensee comes into

12  compliance with the applicable continuing education

13  requirements within 90 days after imposition of the original

14  fine. All proceeds of fines under this subparagraph shall be

15  deposited in the appropriate unlicensed activity account under

16  s. 455.2281.

17         (2)2.  May refuse any further renewal of a the

18  licensee's license until unless the licensee has paid the fine

19  and satisfied all the applicable continuing education

20  requirements. This subsection does not preclude the department

21  or boards from imposing additional penalties pursuant to the

22  applicable practice act or rules adopted pursuant thereto.

23         (c)  The department is authorized to adopt by rule a

24  process for the resolution of disputes between a vendor and a

25  continuing education provider, between a vendor and a

26  licensee, and between a licensee and a continuing education

27  provider. The process shall ensure all parties a fair

28  opportunity to correct any erroneous information. If the

29  parties are unable to reach an agreement, the department shall

30  determine the resolution of the dispute.

31  


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 1         (d)  Upon the failure of a vendor to meet its

 2  obligations under a contract as provided in paragraph (a), the

 3  department may suspend the contract and enter into an

 4  emergency contract under s. 287.057(5).

 5         (3)  Notwithstanding any other provision of law to the

 6  contrary and regardless of whether the compliance monitoring

 7  system is privatized, neither the department nor a board may

 8  impose any sanction other than the sanctions specified in

 9  paragraph (2)(b) for the failure of a licensee to meet

10  continuing education requirements. This subsection does not

11  apply to actions under chapter 473.

12         (3)(4)  The department may shall waive the continuing

13  education monitoring requirements of this section for any

14  profession that demonstrates to the department that the

15  monitoring system places an undue burden on the profession.

16  The department shall waive the continuing education monitoring

17  requirements of this section for any profession that it has a

18  program in place which measures compliance with continuing

19  education requirements through statistical sampling techniques

20  or other methods and can indicate that at least 95 percent of

21  its licensees are in compliance.

22         (4)(5)  The department may is authorized to adopt rules

23  under ss. 120.536(1) and 120.54 to implement this section.

24         Section 3.  Section 455.2178, Florida Statutes, is

25  amended to read:

26         455.2178  Continuing education providers.--If the

27  monitoring of compliance with continuing education

28  requirements is privatized pursuant to s. 455.2177:

29         (1)(a)  The department shall notify each approved

30  continuing education provider of the name and address of all

31  vendors that monitor compliance of licensees under s.


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 1  455.2177. If the department contracts with more than one

 2  vendor under s. 455.2177, the notice shall specify the

 3  professions to be monitored by each vendor.

 4         (1)(b)  Each continuing education provider shall

 5  provide to the department appropriate vendor such information

 6  regarding the continuing education status of licensees as the

 7  department determines is necessary for the vendor to carry out

 8  its duties under s. 455.2177, in an electronic format s.

 9  455.2177(2), in a form determined by the department. After a

10  licensee's completion of a course, the information must be

11  submitted to the department vendor electronically no later

12  than 30 calendar 5 business days thereafter or prior to the

13  licensee's renewal date, whichever occurs sooner after a

14  licensee's completion of a course. The foregoing applies only

15  if the profession has not been granted a waiver from the

16  monitoring requirements under s. 455.2177. Upon the request of

17  a licensee, the provider must also furnish to the department a

18  vendor information regarding courses completed by the

19  licensee.

20         (2)  Each continuing education provider shall retain

21  all records relating to a licensee's completion of continuing

22  education courses for at least 4 years after completion of a

23  course.

24         (3)  A continuing education provider may not be

25  approved, and the approval may not be renewed, unless the

26  provider agrees in writing to provide such cooperation with

27  vendors under this section and s. 455.2177 as the department

28  deems necessary or appropriate.

29         (4)  The department may fine, suspend, or immediately

30  revoke approval of any continuing education provider that

31  fails to comply with its duties under this section. Such fine


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 1  may not exceed $500 per violation. Investigations and

 2  prosecutions of a provider's failure to comply with its duties

 3  under this section shall be conducted pursuant to s. 455.225.

 4         (5)  For the purpose of determining which persons or

 5  entities must meet the reporting, recordkeeping, and access

 6  provisions of this section, the board of any profession

 7  subject to this section, or the department if there is no

 8  board, shall, by rule, adopt a definition of the term

 9  "continuing education provider" applicable to the profession's

10  continuing education requirements. The intent of the rule

11  shall be to ensure that all records and information necessary

12  to carry out the requirements of this section and s. 455.2177

13  are maintained and transmitted accordingly and to minimize

14  disputes as to what person or entity is responsible for

15  maintaining and reporting such records and information.

16         (6)  The department may has the authority to adopt

17  rules under ss. 120.536(1) and 120.54 to implement this

18  section.

19         Section 4.  Section 455.2179, Florida Statutes, is

20  amended to read:

21         455.2179  Continuing education provider and course

22  approval; cease and desist orders.--

23         (1)  If a board, or the department if there is no

24  board, requires completion of continuing education as a

25  requirement for renewal of a license, the board, or the

26  department if there is no board, shall approve providers of

27  the continuing education. The approval of a continuing

28  education providers and courses provider must be for a

29  specified period of time, not to exceed 4 years. An approval

30  that does not include such a time limitation may remain in

31  effect pursuant to the applicable practice act or the rules


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 1  adopted under the applicable practice act only until July 1,

 2  2001, unless earlier replaced by an approval that includes

 3  such a time limitation.

 4         (2)  The board, or the department if there is no, on

 5  its own motion or at the request of a board, shall issue an

 6  order requiring a person or entity to cease and desist from

 7  offering any continuing education programs for licensees, and

 8  fining, suspending, or revoking any approval of the provider

 9  previously granted by the board, or the department if there is

10  no or a board, if the board, or the department if there is no

11  or a board, determines that the person or entity failed to

12  provide appropriate continuing education services that conform

13  to approved course material. Such fine may not exceed $500 per

14  violation. Investigations and prosecutions of a provider's

15  failure to comply with its duties under this section shall be

16  conducted under s. 455.225.

17         (3)  Each board authorized to approve continuing

18  education providers, or the department if there is no board,

19  may establish, by rule, a fee not to exceed $250 for anyone

20  seeking approval to provide continuing education courses and

21  may establish, by rule, a biennial fee not to exceed $250 for

22  the renewal of providership of such courses. The Florida Real

23  Estate Commission, authorized under the provisions of chapter

24  475 to approve prelicensure, precertification, and

25  postlicensure education providers, may establish, by rule, an

26  application fee not to exceed $250 for anyone seeking approval

27  to offer prelicensure, precertification, or postlicensure

28  education courses and may establish, by rule, a biennial fee

29  not to exceed $250 for the renewal of such courses. Such

30  post-licensure education courses are subject to the reporting,

31  


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 1  monitoring, and compliance provisions of this section and ss.

 2  455.2177 and 455.2178.

 3         (4)  The department and each affected board may adopt

 4  rules pursuant to ss. 120.536(1) and 120.54 to implement the

 5  provisions of this section.

 6         Section 5.  Section 455.2281, Florida Statutes, is

 7  amended to read:

 8         455.2281  Unlicensed activities; fees; disposition.--In

 9  order to protect the public and to ensure a consumer-oriented

10  department, it is the intent of the Legislature that vigorous

11  enforcement of regulation for all professional activities is a

12  state priority. All enforcement costs should be covered by

13  professions regulated by the department. Therefore, the

14  department shall impose, upon initial licensure and each

15  renewal thereof, a special fee of $5 per licensee. Such fee

16  shall be in addition to all other fees collected from each

17  licensee and shall fund efforts to combat unlicensed activity.

18  Any profession regulated by the department which offers

19  services that are not subject to regulation when provided by

20  an unlicensed person may use funds in its unlicensed activity

21  account to inform the public of such situation. The board with

22  concurrence of the department, or the department when there is

23  no board, may earmark $5 of the current licensure fee for this

24  purpose, if such board, or profession regulated by the

25  department, is not in a deficit and has a reasonable cash

26  balance. A board or profession regulated by the department may

27  authorize the transfer of funds from the operating fund

28  account to the unlicensed activity account of that profession

29  if the operating fund account is not in a deficit and has a

30  reasonable cash balance. The department shall make direct

31  charges to this fund by profession and shall not allocate


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 1  indirect overhead. The department shall seek board advice

 2  regarding enforcement methods and strategies prior to

 3  expenditure of funds; however, the department may, without

 4  board advice, allocate funds to cover the costs of continuing

 5  education compliance monitoring under s. 455.2177. The

 6  department shall directly credit, by profession, revenues

 7  received from the department's efforts to enforce licensure

 8  provisions, including revenues received from fines collected

 9  under s. 455.2177. The department shall include all financial

10  and statistical data resulting from unlicensed activity

11  enforcement and from continuing education compliance

12  monitoring as separate categories in the quarterly management

13  report provided for in s. 455.219. The department shall not

14  charge the account of any profession for the costs incurred on

15  behalf of any other profession. For an unlicensed activity

16  account, a balance which remains at the end of a renewal cycle

17  may, with concurrence of the applicable board and the

18  department, be transferred to the operating fund account of

19  that profession.

20         Section 6.  Paragraph (b) of subsection (3) of section

21  481.205, Florida Statutes, is amended to read:

22         481.205  Board of Architecture and Interior Design.--

23         (3)

24         (b)  Notwithstanding the provisions of s. 455.32(13),

25  The board, in lieu of the department, shall contract with a

26  corporation or other business entity pursuant to s. 287.057(3)

27  to provide investigative, legal, prosecutorial, and other

28  services necessary to perform its duties.

29         Section 7.  Present subsections (10), (11), and (12) of

30  section 509.013, Florida Statutes, are renumbered subsections

31  


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 1  (11), (12), and (13), respectively, and a new subsection (10)

 2  is added to that section, to read:

 3         509.013  Definitions.--As used in this chapter, the

 4  term:

 5         (10)  "Third party provider" means, for purposes of s.

 6  509.049, any provider of an approved food safety training

 7  program that provides training or such a training program to a

 8  public food service establishment that is not under common

 9  ownership or control with the provider.

10         Section 8.  Subsections (3), (4), and (5) of section

11  509.049, Florida Statutes, are amended, present subsection (6)

12  of that section is redesignated as subsection (7), and new

13  subsections (6) and (8) are added to that section, to read:

14         509.049  Food service employee training.--

15         (3)  Any food safety training program established and

16  administered to food service handler employees utilized at a

17  licensed public food service establishment prior to July 1,

18  2000, shall may be submitted by the operator or the third

19  party provider to the division for its review and approval on

20  or before September 1, 2004.  If the food safety training

21  program is found to be in substantial compliance with the

22  division's required criteria and is approved by the division,

23  nothing in this section shall preclude any other operator of a

24  food service establishment from also utilizing the approved

25  program or require the employees of any operator to receive

26  training from or pay a fee to the division's contracted

27  provider. Review and approval by the division of a program or

28  programs under this section shall include, but need not be

29  limited to, verification that the licensed public food service

30  establishment utilized the program prior to July 1, 2000, and

31  


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 1  the minimum food safety standards adopted by the division in

 2  accordance with this section.

 3         (4)  Approval of a program is subject to the provider's

 4  continued compliance with the division's minimum program

 5  standards. The division may conduct random audits of any

 6  approved programs to determine compliance and may audit any

 7  program if it has reason to believe a program is not in

 8  compliance with this section. The division may revoke a

 9  program's approval if it finds a program is not in compliance

10  with this section or the rules adopted under this section.

11         (5)  It shall be the duty of each the licensee of the

12  public food service establishment to provide training in

13  accordance with the described rule to all food service

14  employees of the public food service establishment under the

15  licensee's supervision or control.  The public food service

16  establishment licensee may designate any a certified food

17  service manager to perform this function as an agent of the

18  licensee. Food service employees must receive certification

19  within 60 days after employment. Certification pursuant to

20  this section shall remain valid for 3 years. All public food

21  service establishments must provide the division with proof of

22  employee training upon request, including, but not limited to,

23  at the time of any division inspection of the establishment.

24  Proof of training for each food service employee shall include

25  the name of the trained employee, the date of birth of the

26  trained employee, the date the training occurred, and the

27  approved food safety training program used.

28         (6)(a)  Third party providers shall issue to a public

29  food service establishment an original certificate for each

30  employee certified by the provider and an original card to be

31  provided to each certified employee. Such card or certificate


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 1  shall be produced by the certified food service employee or by

 2  the public food service establishment, respectively, in its

 3  duly issued original form upon request of the division.

 4         (b)  Effective January 1, 2005, each third party

 5  provider shall provide the following information on each

 6  employee upon certification and recertification:  the name of

 7  the certified food service employee, the employee's date of

 8  birth, the employing food service establishment, the name of

 9  the certified food manager who conducted the training, the

10  training date, and the certification expiration date. This

11  information shall be reported electronically to the division,

12  in a format prescribed by the division, within 30 days of

13  certification or recertification. The division shall compile

14  the information into an electronic database that is not

15  directly or indirectly owned, maintained, or installed by any

16  nongovernmental provider of food service training. A public

17  food service establishment that trains its employees using its

18  own in-house, proprietary food safety training program

19  approved by the division, and which uses its own employees to

20  provide this training, shall be exempt from the electronic

21  reporting requirements of this paragraph, and from the card or

22  certificate requirement of paragraph (a).

23         (7)(6)  The division may adopt rules pursuant to ss.

24  120.536(1) and 120.54 necessary to administer this section.

25  The rules may require:

26         (a)  The use of application forms, which may require,

27  but need not be limited to, the identification of training

28  components of the program and an applicant affidavit attesting

29  to the accuracy of the information provided in the

30  application;

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 1         (b)  Third party providers to maintain and

 2  electronically submit information concerning establishments

 3  where they provide training or training programs pursuant to

 4  this section;

 5         (c)  Specific subject matter related to food safety for

 6  use in training program components; and

 7         (d)  The public food service establishment licensee to

 8  be responsible for providing proof of employee training

 9  pursuant to this section, and the division may request

10  production of such proof upon inspection of the establishment.

11         (8)  The following are violations for which the

12  division may impose administrative fines of up to $1,000 on a

13  public food service establishment, or suspend or revoke the

14  approval of a particular provider's use of a food safety

15  training program:

16         (a)  Failure of a public food service establishment to

17  provide proof of training pursuant to subsection (5) upon

18  request by the division or an original certificate to the

19  division when required pursuant to paragraph (6)(a).

20         (b)  Failure of a third party provider to submit

21  required records pursuant to paragraph (6)(b) or to provide

22  original certificates or cards to a public food service

23  establishment or employee pursuant to paragraph (6)(a).

24         (c)  Participating in falsifying any training record.

25         (d)  Failure of the program to maintain the division's

26  minimum program standards.

27         Section 9.  This act shall take effect July 1, 2004.

28  

29  

30  

31  


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