HB 0851 2004
1	A bill to be entitled
2	An act relating to regulation of professions under the
3	Department of Business and Professional Regulation;
4	amending s. 455.32, F.S.; revising the Management
5	Privatization Act; providing definitions; authorizing the
6	department, pursuant to board, commission, or council
7	request, to establish and contract with a nonprofit
8	corporation to perform support services specified pursuant
9	to contract for the applicable profession; providing
10	corporation organization, powers, duties, and staff;
11	authorizing per diem and reimbursement for travel
12	expenses; requiring adherence to the code of ethics for
13	public officers and employees; providing sovereign
14	immunity; providing for corporation boards of directors
15	and for executive director liaisons; providing contract
16	requirements; establishing financing, reporting,
17	recordkeeping, and audit requirements; providing for
18	quarterly assessment and annual certification of contract
19	compliance; providing requirements in the event any
20	provision of the section is held unconstitutional;
21	amending s. 455.2177, F.S.; revising requirements for the
22	monitoring of continuing education compliance; removing
23	provisions relating to privatization and dispute
24	resolution; revising penalties for failure to comply with
25	continuing education requirements; revising requirements
26	for waiver of such monitoring; providing rulemaking
27	authority; amending s. 455.2178, F.S.; revising reporting
28	requirements for continuing education providers; removing
29	provisions relating to private vendors; revising penalties
30	for noncompliant continuing education providers; providing
31	for conduct of investigations and prosecutions of
32	noncompliant continuing education providers; providing
33	rulemaking authority; amending s. 455.2179, F.S.; revising
34	continuing education provider and course approval
35	procedures; revising penalties for failing to teach
36	approved course content; providing for conduct of
37	investigations and prosecutions of noncompliant continuing
38	education providers; providing rulemaking authority;
39	amending s. 455.2281, F.S., relating to unlicensed
40	activities; removing a cross reference to conform;
41	amending s. 481.205, F.S., relating to the Board of
42	Architecture and Interior Design; removing a cross
43	reference to conform; providing an effective date.
44
45	Be It Enacted by the Legislature of the State of Florida:
46
47	Section 1. Section 455.32, Florida Statutes, is amended to
48	read:
49	(Substantial rewording of section. See
50	s. 455.32, F.S., for present text.)
51	455.32 Management Privatization Act.--
52	(1) This section shall be known by the popular name the
53	"Management Privatization Act."
54	(2) The purpose of this section is to create a model for
55	public-private partnerships for the regulation of Florida's
56	professionals that will ensure a consistent, effective
57	application of regulatory provisions and appropriate budgetary
58	oversight to achieve the most efficient use of public funds.
59	Nonprofit corporations may be established pursuant to this
60	section to provide administrative, investigative, and
61	prosecutorial services to any board created within the
62	department pursuant to chapter 20 in accordance with the
63	provisions of this chapter and the applicable practice act. No
64	additional entities may be created for these purposes.
65	(3) As used in this section, the term:
66	(a) "Board" means any board, commission, or council
67	created within the department pursuant to chapter 20.
68	(b) "Corporation" means any nonprofit corporation with
69	which the department contracts pursuant to subsection (14).
70	(c) "Department" means the Department of Business and
71	Professional Regulation.
72	(d) "Executive director" means an employee of the
73	department who serves as a liaison between the department, the
74	board, and the corporation and is responsible for ensuring that
75	the police powers of the state are not exercised by the
76	corporation, while also serving as the contract monitor.
77	(e) "Performance standards and measurable outcomes" shall
78	include, but not be limited to, timeliness and qualitative
79	criteria for the activities specified in paragraph (6)(o).
80	(f) "Secretary" means the Secretary of Business and
81	Professional Regulation.
82	(4) Based upon the request of any board, the department is
83	authorized to establish and contract with a nonprofit
84	corporation to provide administrative, investigative, and
85	prosecutorial services to that board, in accordance with the
86	provisions of this chapter and the applicable practice act and
87	as specified in a contract between the department and the
88	corporation. The privatization request must contain a needs
89	assessment and financial feasibility study. The needs assessment
90	must contain specific performance standards and measurable
91	outcomes and an evaluation of the department's current and
92	projected performance in regard to those standards. The
93	feasibility study must include the financial status of the board
94	for the current fiscal year and the next 2 fiscal years. A
95	financial model for the corporation must also be developed which
96	includes projected costs and expenses for the first 2 years of
97	operation.
98	(5) Any such corporation may hire staff as necessary to
99	carry out its functions. Such staff are not public employees for
100	the purposes of chapter 110 or chapter 112, except that the
101	board of directors and the employees of the corporation are
102	subject to the provisions of s. 112.061 and part III of chapter
103	112. The provisions of s. 768.28 apply to each such corporation,
104	which is deemed to be a corporation primarily acting as an
105	instrumentality of the state, but which is not an agency within
106	the meaning of s. 20.03(11).
107	(6) Each corporation created to perform the functions
108	provided in this section shall:
109	(a) Be a Florida corporation not for profit, incorporated
110	under the provisions of chapter 617.
111	(b) Provide administrative, investigative, and
112	prosecutorial services to the board in accordance with the
113	provisions of this chapter, the applicable practice act, and the
114	contract required by this section.
115	(c) Receive, hold, and administer property and make only
116	prudent expenditures directly related to the responsibilities of
117	the applicable board and in accordance with the contract
118	required by this section.
119	(d) Be approved by the department to operate for the
120	benefit of the board and in the best interest of the state.
121	(e) Operate under a fiscal year that begins on July 1 of
122	each year and ends on June 30 of the following year.
123	(f) Be funded through appropriations allocated to the
124	regulation of the relevant profession from the Professional
125	Regulation Trust Fund pursuant to s. 455.219.
126	(g) Have a five-member board of directors, three of whom
127	are to be appointed by the applicable board and must be
128	licensees regulated by that board and two of whom are to be
129	appointed by the secretary and are laypersons not regulated by
130	that board. Initially, one member shall be appointed for 2
131	years, two members shall be appointed for 3 years, and two
132	members shall be appointed for 4 years. One layperson shall be
133	appointed to a 3-year term and one layperson shall be appointed
134	to a 4-year term. Thereafter, all appointments shall be for 4-
135	year terms. No new member shall serve more than two consecutive
136	terms. Failure to attend three consecutive meetings shall be
137	deemed a resignation from the board of directors, and the
138	vacancy shall be filled by a new appointment.
139	(h) Select its officers in accordance with its bylaws. The
140	members of the board of directors may be removed by the
141	department, for the same reasons that a board member may be
142	removed.
143	(i) Select the president of the management corporation,
144	who shall manage the operations of the corporation, subject to
145	the approval of the board.
146	(j) Use a portion of the interest derived from the
147	corporation account to offset the costs associated with the use
148	of credit cards for payment of fees by applicants or licensees.
149	(k) Operate under a written contract with the department.
150	(l) Provide for an annual financial audit of its financial
151	accounts and records by an independent certified public
152	accountant. The annual audit report shall include a management
153	letter in accordance with s. 11.45 and a detailed supplemental
154	schedule of expenditures for each expenditure category. The
155	annual audit report must be submitted to the board, the
156	department, and the Auditor General for review.
157	(m) Provide for all employees and nonemployees charged
158	with the responsibility of receiving and depositing fee and fine
159	revenues to have a faithful performance bond in such an amount
160	and according to such terms as shall be determined in the
161	contract.
162	(n) Keep financial and statistical information as
163	necessary to completely disclose the financial condition and
164	operation of the corporation and as requested by the Office of
165	Program Policy Analysis and Government Accountability, the
166	Auditor General, and the department.
167	(o) Submit to the secretary, the board, and the
168	Legislature, on or before October 1 of each year, a report
169	describing all of the activities of the corporation for the
170	previous fiscal year which includes, but is not limited to,
171	information concerning the programs and funds that have been
172	transferred to the corporation. The report must include:
173	1. The number of license applications received.
174	2. The number of license applications approved and denied
175	and the number of licenses issued.
176	3. The average time required to issue a license.
177	4. The number of examinations administered and the number
178	of applicants who passed or failed the examination.
179	5. The number of complaints received.
180	6. The number of complaints determined to be legally
181	sufficient.
182	7. The number of complaints dismissed.
183	8. The number of complaints determined to have probable
184	cause.
185	9. The number of administrative complaints issued and the
186	status of the complaints.
187	10. The number and nature of disciplinary actions taken by
188	the board.
189	11. All revenues received and all expenses incurred by the
190	corporation during the preceding fiscal year in its performance
191	of the duties under the contract.
192	12. Any audit performed under paragraph (l), including
193	financial reports and performance audits.
194	13. The status of the compliance of the corporation with
195	all performance-based program measures adopted by the board.
196	(p) Meet or exceed the performance standards and
197	measurable outcomes developed by the board and department.
198	(7) The department shall annually certify that the
199	corporation is complying with the terms of the contract in a
200	manner consistent with the goals and purposes of the board and
201	in the best interest of the state. If the department determines
202	the corporation is not compliant with the terms of the contract,
203	including performance standards and measurable outcomes, the
204	contract may be terminated as provided in paragraph (14)(e).
205	(8) Nothing in this section shall limit the ability of the
206	corporation to enter into contracts and perform all other acts
207	incidental to those contracts that are necessary for the
208	administration of its affairs and for the attainment of its
209	purposes.
210	(9) The corporation may acquire by lease, and maintain,
211	use, and operate, any real or personal property necessary to
212	perform the duties provided by the contract and this section.
213	(10) The corporation may not exercise any authority
214	assigned to the department or board under this section or the
215	practice act of the relevant profession, including determining
216	probable cause to pursue disciplinary action against a licensee,
217	taking final action on license applications or in disciplinary
218	cases, or adopting administrative rules under chapter 120.
219	However, the corporation may make a determination of legal
220	sufficiency to begin the investigative process as provided in s.
221	455.225.
222	(11) The department shall retain the independent authority
223	to open, investigate, or prosecute any cases or complaints, as
224	necessary to protect the public health, safety, or welfare. In
225	addition, the department shall retain sole authority to issue
226	emergency suspension or restriction orders pursuant to s.
227	120.60.
228	(12) The corporation is the sole source and depository for
229	the records of the board, including all historical information
230	and records. The corporation shall maintain those records in
231	accordance with the guidelines of the Department of State and
232	shall not destroy any records prior to the limits imposed by the
233	Department of State.
234	(13) The board shall provide by rule for the procedures
235	the corporation must follow to ensure that all licensure
236	examinations are secure while under the responsibility of the
237	corporation and that there is an appropriate level of monitoring
238	during the licensure examinations.
239	(14) The contract between the department and the
240	corporation must be in compliance with this section and other
241	applicable laws. The department shall retain responsibility for
242	any duties it currently exercises relating to its police powers
243	and any other current duty that is not provided to the
244	corporation by contract or this section. The contract shall
245	provide, at a minimum, that:
246	(a) The corporation provide administrative, investigative,
247	examination, licensing, and prosecutorial services in accordance
248	with the provisions of this section and the practice act of the
249	relevant profession. With approval of the department and the
250	board, the corporation may subcontract for the investigation and
251	prosecution of unlicensed activity pursuant to this chapter.
252	(b) The articles of incorporation and bylaws of the
253	corporation be approved by the department.
254	(c) The corporation submit an annual budget for approval
255	by the department.
256	(d) The corporation utilize the department's licensing and
257	computerized database system.
258	(e) The corporation be annually certified by the
259	department as complying with the terms of the contract in a
260	manner consistent with the goals and purposes of the board and
261	in the best interest of the state. As part of the annual
262	certification, the department shall make quarterly assessments
263	regarding contract compliance by the corporation. The contract
264	must also provide for methods and mechanisms to resolve any
265	situation in which the assessment and certification process
266	determines noncompliance, to include termination.
267	(f) The department employ an executive director to
268	actively monitor the activities of the corporation to ensure
269	compliance with the contract, the provisions of this chapter,
270	and the applicable practice act.
271	(g) The corporation be funded through appropriations
272	allocated to the regulation of the relevant profession from the
273	Professional Regulation Trust Fund.
274	(h) If the corporation is no longer approved to operate
275	for the board or the board ceases to exist, all moneys, records,
276	data, and property held in trust by the corporation for the
277	benefit of the board revert to the board, or the state if the
278	board ceases to exist. All records and data in a computerized
279	database must be returned to the department in a form that is
280	compatible with the computerized database of the department.
281	(i) The corporation secure and maintain, during the term
282	of the contract and for all acts performed during the term of
283	the contract, all liability insurance coverages in an amount to
284	be approved by the department to defend, indemnify, and hold
285	harmless the corporation and its officers and employees, the
286	department and its employees, and the state against all claims
287	arising from state and federal laws. Such insurance coverage
288	must be with insurers qualified and doing business in the state.
289	The corporation must provide proof of insurance to the
290	department. The department and its employees and the state are
291	exempt from and are not liable for any sum of money which
292	represents a deductible, which sums shall be the sole
293	responsibility of the corporation. Violation of this paragraph
294	shall be grounds for terminating the contract.
295	(j) The corporation, out of its allocated budget, pay to
296	the department all costs of representation by the board counsel,
297	including salary and benefits, travel, and any other
298	compensation traditionally paid by the department to other board
299	counsels.
300	(k) The corporation, out of its allocated budget, pay to
301	the department all costs incurred by the corporation or the
302	board for the Division of Administrative Hearings of the
303	Department of Management Services and any other cost for
304	utilization of these state services.
305	(l) The corporation, out of its allocated budget, pay to
306	the department all costs associated with the monitoring of the
307	contract, including salary and benefits, travel, and other
308	related costs traditionally paid to state employees.
309	(m) The corporation comply with the performance standards
310	and measurable outcomes developed by the board and the
311	department. The performance standards and measurable outcomes
312	must be specified within the contract.
313	(15) Management corporation records are public records
314	subject to the provisions of s. 119.07(1) and s. 24(a), Art. I
315	of the State Constitution; however, public records exemptions
316	set forth in ss. 455.217, 455.225, and 455.229 for records
317	created or maintained by the department shall apply to records
318	created or maintained by the management corporation. In
319	addition, all meetings of the board of directors are open to the
320	public in accordance with s. 286.011 and s. 24(b), Art. I of the
321	State Constitution. The department and the board shall have
322	access to all records of the corporation as necessary to
323	exercise their authority to approve and supervise the contract.
324	(16) If any provision of this section is held to be
325	unconstitutional or is held to violate the state or federal
326	antitrust laws, the following shall occur:
327	(a) The corporation shall cease and desist from exercising
328	any powers and duties enumerated in this section.
329	(b) The department shall resume the performance of such
330	activities. The department shall regain and receive, hold,
331	invest, and administer property and make expenditures for the
332	benefit of the board.
333	(c) The Executive Office of the Governor, notwithstanding
334	chapter 216, may reestablish positions, budget authority, and
335	salary rate necessary to carry out the department's
336	responsibilities related to the board.
337	Section 2. Section 455.2177, Florida Statutes, is amended
338	to read:
339	455.2177 Monitoring of compliance with continuing
340	education requirements.--
341	(1) The department shall establish a system to monitor
342	licensee compliance with applicable continuing education
343	requirements and to determine each licensee's continuing
344	education status. The department is authorized to provide for a
345	phase-in of the compliance monitoring system, but the system
346	must provide for monitoring of compliance with applicable
347	continuing education requirements by all professions regulated
348	by the department no later than July 1, 2002. The compliance
349	monitoring system may use staff of the department or may be
350	privatized.As used in this section, the term "monitor" means
351	the act of determining, for each licensee, whether the licensee
352	was in full compliance with applicable continuing education
353	requirements as of the time of the licensee's license renewal.
354	(2) If the compliance monitoring system required under
355	this section is privatized, the following provisions apply:
356	(a) The department may contract pursuant to s. 287.057
357	with a vendor or vendors for the monitoring of compliance with
358	applicable continuing education requirements by all licensees
359	within one or more professions regulated by the department. The
360	contract shall include, but need not be limited to, the
361	following terms and conditions:
362	1.a. The vendor shall create a computer database, in the
363	form required by the department, that includes the continuing
364	education status of each licensee and shall provide a report to
365	the department within 90 days after the vendor receives the list
366	of licensees to be monitored as provided in sub-subparagraph b.
367	The report shall be in a format determined by the department and
368	shall include each licensee's continuing education status by
369	license number, hours of continuing education credit per cycle,
370	and such other information the department deems necessary.
371	b. No later than 30 days after the end of each renewal
372	period, the department shall provide to the vendor a list that
373	includes all licensees of a particular profession whose licenses
374	were renewed during a particular renewal period. In order to
375	account for late renewals, the department shall provide the
376	vendor with such updates to the list as are mutually determined
377	to be necessary.
378	2.a. Before the vendor informs the department of the
379	status of any licensee the vendor has determined is not in
380	compliance with continuing education requirements, the vendor,
381	acting on behalf of the department, shall provide the licensee
382	with a notice stating that the vendor has determined that the
383	licensee is not in compliance with applicable continuing
384	education requirements. The notice shall also include the
385	licensee's continuing education record for the renewal period,
386	as shown in the records of the vendor, and a description of the
387	process for correcting the vendor's record under sub-
388	subparagraph b.
389	b. The vendor shall give the licensee 45 days to correct
390	the vendor's information. The vendor shall correct a record only
391	on the basis of evidence of compliance supplied to the vendor by
392	a continuing education provider.
393	3.a. The vendor must provide the department, with the
394	report required under subparagraph 1., a list, in a form
395	determined by the department, identifying each licensee who the
396	vendor has determined is not in compliance with applicable
397	continuing education requirements.
398	b. The vendor shall provide the department with access to
399	such information and services as the department deems necessary
400	to ensure that the actions of the vendor conform to the contract
401	and to the duties of the department and the vendor under this
402	subsection.
403	4. The department shall ensure the vendor access to such
404	information from continuing education providers as is necessary
405	to determine the continuing education record of each licensee.
406	The vendor shall inform the department of any provider that
407	fails to provide such information to the vendor.
408	5. If the vendor fails to comply with a provision of the
409	contract, the vendor is obligated to pay the department
410	liquidated damages in the amounts specified in the contract.
411	6. The department's payments to the vendor must be based
412	on the number of licensees monitored. The department may
413	allocate from the unlicensed activity account of any profession
414	under s. 455.2281 up to $2 per licensee for the monitoring of
415	that profession's licensees under this subsection, which
416	allocations are the exclusive source of funding for contracts
417	under this subsection.
418	7. A continuing education provider is not eligible to be a
419	vendor under this subsection.
420	(b) When it receives notice from a vendor that a licensee
421	is not in compliance with continuing education requirements, the
422	department shall send the licensee written notice that
423	disciplinary actions will be taken, together with a description
424	of the remedies available to the licensee under the dispute
425	resolution process created under paragraph (c). If a licensee
426	does not prevail in the dispute resolution process, the
427	department:
428	1. May impose an administrative fine in the amount of $500
429	against the licensee; however, the department may reduce the
430	amount of the fine to $250 if the licensee comes into compliance
431	with the applicable continuing education requirements within 90
432	days after imposition of the original fine. All proceeds of
433	fines under this subparagraph shall be deposited in the
434	appropriate unlicensed activity account under s. 455.2281.
435	(2)2. The department may refuse any further renewal of a
436	the licensee's license until unless the licensee has paid the
437	fine and satisfied all theapplicable continuing education
438	requirements. This subsection does not preclude the department
439	or boards from imposing additional penalties pursuant to the
440	applicable practice act or rules adopted pursuant thereto.
441	(c) The department is authorized to adopt by rule a
442	process for the resolution of disputes between a vendor and a
443	continuing education provider, between a vendor and a licensee,
444	and between a licensee and a continuing education provider. The
445	process shall ensure all parties a fair opportunity to correct
446	any erroneous information. If the parties are unable to reach an
447	agreement, the department shall determine the resolution of the
448	dispute.
449	(d) Upon the failure of a vendor to meet its obligations
450	under a contract as provided in paragraph (a), the department
451	may suspend the contract and enter into an emergency contract
452	under s. 287.057(5).
453	(3) Notwithstanding any other provision of law to the
454	contrary and regardless of whether the compliance monitoring
455	system is privatized, neither the department nor a board may
456	impose any sanction other than the sanctions specified in
457	paragraph (2)(b) for the failure of a licensee to meet
458	continuing education requirements. This subsection does not
459	apply to actions under chapter 473.
460	(3)(4) The department may shallwaive the continuing
461	education monitoring requirements of this section for any
462	profession that demonstrates to the department that the
463	monitoring system places an undue burden on the profession it
464	has a program in place which measures compliance with continuing
465	education requirements through statistical sampling techniques
466	or other methods and can indicate that at least 95 percent of
467	its licensees are in compliance.
468	(4)(5) The department may is authorized to adopt rules
469	pursuant to ss. 120.536(1) and 120.54to implement this section.
470	Section 3. Section 455.2178, Florida Statutes, is amended
471	to read:
472	455.2178 Continuing education providers.--If the
473	monitoring of compliance with continuing education requirements
474	is privatized pursuant to s. 455.2177:
475	(1)(a) The department shall notify each approved
476	continuing education provider of the name and address of all
477	vendors that monitor compliance of licensees under s. 455.2177.
478	If the department contracts with more than one vendor under s.
479	455.2177, the notice shall specify the professions to be
480	monitored by each vendor.
481	(b)Each continuing education provider shall provide to
482	the department appropriate vendorsuch information regarding the
483	continuing education status of licensees as the department
484	determines is necessary for the vendorto carry out its duties
485	under s. 455.2177(2), in an electronic format a formdetermined
486	by the department. After a licensee's completion of a course,
487	the information must be submitted to the department vendor
488	electronically no later than 30 calendar 5 business days
489	thereafter or prior to the licensee's renewal date, whichever
490	occurs sooner after a licensee's completion of a course. The
491	foregoing applies only if the profession has not been granted a
492	waiver from the monitoring requirements pursuant to s. 455.2177.
493	Upon the request of a licensee, the provider must also furnish
494	to the department a vendorinformation regarding courses
495	completed by the licensee.
496	(2) Each continuing education provider shall retain all
497	records relating to a licensee's completion of continuing
498	education courses for at least 4 years after completion of a
499	course.
500	(3) A continuing education provider may not be approved,
501	and the approval may not be renewed, unless the provider agrees
502	in writing to provide such cooperation with vendors under this
503	section ands. 455.2177 as the department deems necessary or
504	appropriate.
505	(4) The department may fine, suspend, or immediately
506	revoke approval of any continuing education provider that fails
507	to comply with its duties under this section. Such fine may not
508	exceed $500 per violation. Investigations and prosecutions of a
509	provider's failure to comply with its duties under this section
510	shall be conducted pursuant to s. 455.225.
511	(5) For the purpose of determining which persons or
512	entities must meet the reporting, recordkeeping, and access
513	provisions of this section, the board of any profession subject
514	to this section, or the department if there is no board, shall,
515	by rule, adopt a definition of the term "continuing education
516	provider" applicable to the profession's continuing education
517	requirements. The intent of the rule shall be to ensure that all
518	records and information necessary to carry out the requirements
519	of this section and s. 455.2177 are maintained and transmitted
520	accordingly and to minimize disputes as to what person or entity
521	is responsible for maintaining and reporting such records and
522	information.
523	(6) The department may has the authority to adopt rules
524	pursuant to ss. 120.536(1) and 120.54to implement this section.
525	Section 4. Section 455.2179, Florida Statutes, is amended
526	to read:
527	455.2179 Continuing education provider and course
528	approval; cease and desist orders.--
529	(1) If a board, or the department if there is no board,
530	requires completion of continuing education as a requirement for
531	renewal of a license, the board, or the department if there is
532	no board, shall approve providers of the continuing education.
533	The approval of a continuing education providers and courses
534	providermust be for a specified period of time, not to exceed 4
535	years. An approval that does not include such a time limitation
536	may remain in effect pursuant to the applicable practice act or
537	the rules promulgated thereto only until July 1, 2001, unless
538	earlier replaced by an approval that includes such a time
539	limitation.
540	(2) The board, or the department if there is no, on its
541	own motion or at the request of aboard, shall issue an order
542	requiring a person or entity to cease and desist from offering
543	any continuing education programs for licensees, and fining,
544	suspending, orrevoking any approval of the provider previously
545	granted by the board, or the department if there is no or a
546	board, if the board, or the department if there is no or a
547	board,determines that the person or entity failed to provide
548	appropriate continuing education services that conform to
549	approved course material. Such fine may not exceed $500 per
550	violation. Investigations and prosecutions of a provider's
551	failure to comply with its duties under this section shall be
552	conducted pursuant to s. 455.225.
553	(3) Each board authorized to approve continuing education
554	providers, or the department if there is no board, may
555	establish, by rule, a fee not to exceed $250 for anyone seeking
556	approval to provide continuing education courses and may
557	establish, by rule, a biennial fee not to exceed $250 for the
558	renewal of providership of such courses. The Florida Real Estate
559	Commission, authorized under the provisions of chapter 475 to
560	approve prelicensure, precertification, and postlicensure
561	education providers, may establish, by rule, an application fee
562	not to exceed $250 for anyone seeking approval to offer
563	prelicensure, precertification, or postlicensure education
564	courses and may establish, by rule, a biennial fee not to exceed
565	$250 for the renewal of such courses. Such postlicensure
566	education courses shall be subject to the reporting, monitoring,
567	and compliance provisions of this section and ss. 455.2177 and
568	455.2178.
569	(4) The department and each affected board may adopt rules
570	pursuant to ss. 120.536(1) and 120.54 to implement the
571	provisions of this section.
572	Section 5. Section 455.2281, Florida Statutes, is amended
573	to read:
574	455.2281 Unlicensed activities; fees; disposition.--In
575	order to protect the public and to ensure a consumer-oriented
576	department, it is the intent of the Legislature that vigorous
577	enforcement of regulation for all professional activities is a
578	state priority. All enforcement costs should be covered by
579	professions regulated by the department. Therefore, the
580	department shall impose, upon initial licensure and each renewal
581	thereof, a special fee of $5 per licensee. Such fee shall be in
582	addition to all other fees collected from each licensee and
583	shall fund efforts to combat unlicensed activity. Any profession
584	regulated by the department which offers services that are not
585	subject to regulation when provided by an unlicensed person may
586	use funds in its unlicensed activity account to inform the
587	public of such situation. The board with concurrence of the
588	department, or the department when there is no board, may
589	earmark $5 of the current licensure fee for this purpose, if
590	such board, or profession regulated by the department, is not in
591	a deficit and has a reasonable cash balance. A board or
592	profession regulated by the department may authorize the
593	transfer of funds from the operating fund account to the
594	unlicensed activity account of that profession if the operating
595	fund account is not in a deficit and has a reasonable cash
596	balance. The department shall make direct charges to this fund
597	by profession and shall not allocate indirect overhead. The
598	department shall seek board advice regarding enforcement methods
599	and strategies prior to expenditure of funds; however, the
600	department may, without board advice, allocate funds to cover
601	the costs of continuing education compliance monitoring under s.
602	455.2177. The department shall directly credit, by profession,
603	revenues received from the department's efforts to enforce
604	licensure provisions, including revenues received from fines
605	collected under s. 455.2177. The department shall include all
606	financial and statistical data resulting from unlicensed
607	activity enforcement and from continuing education compliance
608	monitoring as separate categories in the quarterly management
609	report provided for in s. 455.219. The department shall not
610	charge the account of any profession for the costs incurred on
611	behalf of any other profession. For an unlicensed activity
612	account, a balance which remains at the end of a renewal cycle
613	may, with concurrence of the applicable board and the
614	department, be transferred to the operating fund account of that
615	profession.
616	Section 6. Paragraph (b) of subsection (3) of section
617	481.205, Florida Statutes, is amended to read:
618	481.205 Board of Architecture and Interior Design.--
619	(3)
620	(b) Notwithstanding the provisions of s. 455.32(13),The
621	board, in lieu of the department,shall contract with a
622	corporation or other business entity pursuant to s. 287.057(3)
623	to provide investigative, legal, prosecutorial, and other
624	services necessary to perform its duties.
625	Section 7. This act shall take effect July 1, 2004.