| 1 | The Conference Committee on HB 5047 offered the following: |
| 2 |
|
| 3 | Conference Committee Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Subsection (4) and paragraphs (d) and (p) of |
| 6 | subsection (6) of section 455.32, Florida Statutes, are amended |
| 7 | to read: |
| 8 | 455.32 Management Privatization Act.-- |
| 9 | (4) Based upon the request of any board, the department is |
| 10 | authorized to establish and contract with a nonprofit |
| 11 | corporation to provide administrative, examination, licensing, |
| 12 | investigative, and prosecutorial services to that board, in |
| 13 | accordance with the provisions of this chapter and the |
| 14 | applicable practice act and as specified in a contract between |
| 15 | the department and the corporation. The privatization request |
| 16 | must contain a business case that includes a needs assessment |
| 17 | and financial feasibility study performed by the board or an |
| 18 | entity commissioned by a majority vote of the board. The needs |
| 19 | assessment must contain specific performance standards and |
| 20 | measurable outcomes and an evaluation of the department's |
| 21 | current and projected performance in regard to those standards. |
| 22 | The feasibility study must include the financial status of the |
| 23 | board for the current fiscal year and the next 2 fiscal years. A |
| 24 | financial model for the corporation must also be developed which |
| 25 | includes projected costs and expenses for the first 2 years of |
| 26 | operation and specific performance standards and measurable |
| 27 | outcomes. The business case for privatization shall be submitted |
| 28 | by the board to the department for inclusion in its legislative |
| 29 | budget request to the Executive Office of the Governor and the |
| 30 | Legislature pursuant to s. 216.023 must be approved by the |
| 31 | Executive Office of the Governor and the Legislative Budget |
| 32 | Commission prior to the establishment of the nonprofit |
| 33 | corporation. The board shall proceed with the privatization only |
| 34 | if such privatization is specifically authorized by general law. |
| 35 | (6) Each corporation created to perform the functions |
| 36 | provided in this section shall: |
| 37 | (d) Be approved by the department to operate for the |
| 38 | benefit of the board and in the best interest of the state and |
| 39 | specifically authorized by the Legislature. |
| 40 | (p) Meet or exceed the requirements of the business case |
| 41 | developed by the board and approved by the Executive Office of |
| 42 | the Governor and the Legislative Budget Commission. |
| 43 | Section 2. Subsection (3) of section 481.205, Florida |
| 44 | Statutes, is amended to read: |
| 45 | 481.205 Board of Architecture and Interior Design.-- |
| 46 | (3)(a) Notwithstanding the provisions of ss. 455.225, |
| 47 | 455.228, and 455.32, the duties and authority of the department |
| 48 | to receive complaints and investigate and discipline persons |
| 49 | licensed under this part, including the ability to determine |
| 50 | legal sufficiency and probable cause; to initiate proceedings |
| 51 | and issue final orders for summary suspension or restriction of |
| 52 | a license pursuant to s. 120.60(6); to issue notices of |
| 53 | noncompliance, notices to cease and desist, subpoenas, and |
| 54 | citations; to retain legal counsel, investigators, or |
| 55 | prosecutorial staff in connection with the licensed practice of |
| 56 | architecture and interior design; and to investigate and deter |
| 57 | the unlicensed practice of architecture and interior design as |
| 58 | provided in s. 455.228 are delegated to the board. All |
| 59 | complaints and any information obtained pursuant to an |
| 60 | investigation authorized by the board are confidential and |
| 61 | exempt from s. 119.07(1) as provided in s. 455.225(2) and (10). |
| 62 | (b) The board shall contract with a corporation or other |
| 63 | business entity pursuant to s. 287.057(3) to provide |
| 64 | investigative, legal, prosecutorial, and other services |
| 65 | necessary to perform its duties. |
| 66 | (c) The corporation or business entity shall comply with |
| 67 | all the recordkeeping and reporting requirements of s. 455.32 |
| 68 | applicable to the scope of the contract and shall report |
| 69 | directly to the board in lieu of the department. Records of the |
| 70 | corporation or other business entity contracting with the board |
| 71 | shall be considered public records as specified in s. |
| 72 | 455.32(15). |
| 73 | (d) Notwithstanding the provisions of s. 455.228, the |
| 74 | board may use funds in the unlicensed activity account |
| 75 | established under s. 455.2281 to perform its duties relating to |
| 76 | unlicensed activity under this subsection. |
| 77 | (e) The board shall submit an annual budget request to the |
| 78 | department by October 1 of each year Legislature for the purpose |
| 79 | of funding its activities under this subsection. The department, |
| 80 | on behalf of the board, shall submit the budget request |
| 81 | unchanged to the Executive Office of the Governor and, which |
| 82 | must be separate from the legislative budget request submitted |
| 83 | by the department to the Legislature pursuant to s. 216.023. |
| 84 | (f) The board shall issue an annual report on the |
| 85 | activities under this subsection by October 1 of each year. The |
| 86 | annual report shall be submitted to the Executive Office of the |
| 87 | Governor, the President of the Senate, the Speaker of the House |
| 88 | of Representatives, and the chairs of the legislative |
| 89 | appropriations committees. The report shall describe all of the |
| 90 | activities performed under this subsection for the previous |
| 91 | fiscal year and shall include, but need not be limited to, the |
| 92 | following: |
| 93 | 1. The number of complaints received. |
| 94 | 2. The number of complaints determined to be legally |
| 95 | sufficient. |
| 96 | 3. The number of complaints determined to be legally |
| 97 | insufficient. |
| 98 | 4. The number of complaints dismissed. |
| 99 | 5. The number of complaints filed in circuit court. |
| 100 | 6. The number of complaints determined to have probable |
| 101 | cause. |
| 102 | 7. The number of administrative complaints issued and the |
| 103 | status of the complaints. |
| 104 | 8. The number and nature of disciplinary actions taken by |
| 105 | the board. |
| 106 | 9. The number and the amount of fines and penalties |
| 107 | imposed. |
| 108 | 10. The number and the amount of fines and penalties |
| 109 | collected. |
| 110 | 11. Total revenues received and all expenses incurred by |
| 111 | the contractor during the previous fiscal year. |
| 112 | 12. Total completed investigations. |
| 113 | 13. Total pending investigations. |
| 114 | 14. A summary of any audits performed, including financial |
| 115 | reports and performance audits of the contractor. |
| 116 | Section 3. Paragraph (d) of subsection (2) and subsection |
| 117 | (5) of section 509.032, Florida Statutes, are amended to read: |
| 118 | 509.032 Duties.-- |
| 119 | (2) INSPECTION OF PREMISES.-- |
| 120 | (d) The division shall adopt and enforce sanitation rules |
| 121 | consistent with law to ensure the protection of the public from |
| 122 | food-borne illness in those establishments licensed under this |
| 123 | chapter. These rules shall provide the standards and |
| 124 | requirements for obtaining, storing, preparing, processing, |
| 125 | serving, or displaying food in public food service |
| 126 | establishments, approving public food service establishment |
| 127 | facility plans, conducting necessary public food service |
| 128 | establishment inspections for compliance with sanitation |
| 129 | regulations, cooperating and coordinating with the Department of |
| 130 | Health in epidemiological investigations, and initiating |
| 131 | enforcement actions, and for other such responsibilities deemed |
| 132 | necessary by the division. The division may not establish by |
| 133 | rule any regulation governing the design, construction, |
| 134 | erection, alteration, modification, repair, or demolition of any |
| 135 | public lodging or public food service establishment. It is the |
| 136 | intent of the Legislature to preempt that function to the |
| 137 | Florida Building Commission and the State Fire Marshal through |
| 138 | adoption and maintenance of the Florida Building Code and the |
| 139 | Florida Fire Prevention Code. The division shall provide |
| 140 | technical assistance to the commission and the State Fire |
| 141 | Marshal in updating the construction standards of the Florida |
| 142 | Building Code and the Florida Fire Prevention Code which govern |
| 143 | public lodging and public food service establishments. Further, |
| 144 | the division shall enforce the provisions of the Florida |
| 145 | Building Code and the Florida Fire Prevention Code which apply |
| 146 | to public lodging and public food service establishments in |
| 147 | conducting any inspections authorized by this part. |
| 148 | (5) REPORTS REQUIRED.--The division shall submit annually |
| 149 | to send the Governor, the President of the Senate, the Speaker |
| 150 | of the House of Representatives, and the chairs of the |
| 151 | legislative appropriations committees a written report, which |
| 152 | shall state, but need not be limited to, the total number of |
| 153 | active public lodging and public food service licenses in the |
| 154 | state, the total number of inspections of these establishments |
| 155 | conducted by the division to ensure the enforcement of sanitary |
| 156 | standards, the total number of inspections conducted in response |
| 157 | to emergency or epidemiological conditions, the number of |
| 158 | violations of each sanitary standard, the total number of |
| 159 | inspections conducted to meet the statutorily required number of |
| 160 | inspections, and any recommendations for improved inspection |
| 161 | procedures. The division shall also keep accurate account of all |
| 162 | expenses arising out of the performance of its duties and all |
| 163 | fees collected under this chapter. The report shall be submitted |
| 164 | by September 30 following the end of the fiscal year. |
| 165 | Section 4. Paragraph (n) is added to subsection (1) of |
| 166 | section 718.501, Florida Statutes, to read: |
| 167 | 718.501 Powers and duties of Division of Florida Land |
| 168 | Sales, Condominiums, and Mobile Homes.-- |
| 169 | (1) The Division of Florida Land Sales, Condominiums, and |
| 170 | Mobile Homes of the Department of Business and Professional |
| 171 | Regulation, referred to as the "division" in this part, in |
| 172 | addition to other powers and duties prescribed by chapter 498, |
| 173 | has the power to enforce and ensure compliance with the |
| 174 | provisions of this chapter and rules promulgated pursuant hereto |
| 175 | relating to the development, construction, sale, lease, |
| 176 | ownership, operation, and management of residential condominium |
| 177 | units. In performing its duties, the division has the following |
| 178 | powers and duties: |
| 179 | (n) The division shall submit to the Governor, the |
| 180 | President of the Senate, the Speaker of the House of |
| 181 | Representatives, and the chairs of the legislative |
| 182 | appropriations committees an annual report that includes, but |
| 183 | need not be limited to, the number of training programs provided |
| 184 | for condominium association board members and unit owners, the |
| 185 | number of complaints received by type, the number and percent of |
| 186 | complaints acknowledged in writing within 30 days and the number |
| 187 | and percent of investigations acted upon within 90 days in |
| 188 | accordance with paragraph (m), and the number of investigations |
| 189 | exceeding the 90-day requirement. The annual report shall also |
| 190 | include an evaluation of the division's core business processes |
| 191 | and make recommendations for improvements, including statutory |
| 192 | changes. The report shall be submitted by September 30 following |
| 193 | the end of the fiscal year. |
| 194 | Section 5. This act shall take effect July 1, 2008. |
| 195 |
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| 196 |
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| 197 | ----------------------------------------------------- |
| 198 | T I T L E A M E N D M E N T |
| 199 | Remove the entire title and insert: |
| 200 | A bill to be entitled |
| 201 | An act relating to the Department of Business and |
| 202 | Professional Regulation; amending s. 455.32, F.S.; |
| 203 | revising the procedures authorizing the department to |
| 204 | contract with a nonprofit corporation to provide |
| 205 | administrative, examination, licensing, investigative, and |
| 206 | prosecutorial services to a regulatory board; providing |
| 207 | for a recommendation for such authorization in the |
| 208 | department's budget request; requiring specific |
| 209 | authorization by general law before privatization may |
| 210 | proceed; amending s. 481.205, F.S., relating to the Board |
| 211 | of Architecture and Interior Design; revising the |
| 212 | requirements for the board's annual budget request; |
| 213 | requiring that the board submit an annual report to the |
| 214 | Executive Office of the Governor and the Legislature |
| 215 | concerning activities relating to unlicensed activity; |
| 216 | prescribing requirements for the contents of the report; |
| 217 | amending s. 509.032, F.S., relating to the Division of |
| 218 | Hotels and Restaurants; deleting a provision requiring |
| 219 | that the division provide certain assistance to the State |
| 220 | Fire Marshal; deleting a provision requiring that the |
| 221 | division provide technical assistance to the Florida |
| 222 | Building Commission when updating the construction |
| 223 | standards of the Florida Fire Prevention Code; deleting a |
| 224 | provision requiring that the division enforce certain |
| 225 | provisions of the Florida Fire Prevention Code; revising |
| 226 | certain reporting requirements of the division; amending |
| 227 | s. 718.501, F.S., relating to the Division of Florida Land |
| 228 | Sales, Condominiums, and Mobile Homes; requiring that the |
| 229 | division report annually to the Governor and the |
| 230 | Legislature on activities involving training programs for |
| 231 | condominium association board members and unit owners, the |
| 232 | investigation of complaints, and its core business |
| 233 | processes; providing an effective date. |