Senate Bill sb2026er
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
1
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
2
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
3
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
4
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
5
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
6
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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.
7
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
8
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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.
9
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
10
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
11
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
12
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
13
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
14
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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.
15
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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.
16
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
17
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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.
18
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
19
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
20
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
21
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
22
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
23
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
24
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
25
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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;
31
26
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2026, 1st Engrossed
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
27
CODING: Words stricken are deletions; words underlined are additions.