HB 5047

1
A bill to be entitled
2An act relating to the Department of Business and
3Professional Regulation; amending s. 455.32, F.S.;
4revising the procedures authorizing the department to
5contract with a nonprofit corporation to provide
6administrative, examination, licensing, investigative, and
7prosecutorial services to a regulatory board; providing
8for a recommendation for such authorization in the
9department's budget request; requiring specific
10authorization by general law before privatization may
11proceed; amending s. 481.205, F.S., relating to the Board
12of Architecture and Interior Design; revising the
13requirements for the board's annual budget request;
14requiring that the board submit an annual report to the
15Executive Office of the Governor and the Legislature
16concerning activities relating to unlicensed activity;
17prescribing requirements for the contents of the report;
18amending s. 509.032, F.S., relating to the Division of
19Hotels and Restaurants; deleting a provision requiring
20that the division provide certain assistance to the State
21Fire Marshal; deleting a provision requiring that the
22division provide technical assistance to the Florida
23Building Commission when updating the construction
24standards of the Florida Fire Prevention Code; deleting a
25provision requiring that the division enforce certain
26provisions of the Florida Fire Prevention Code; revising
27certain reporting requirements of the division; amending
28s. 718.501, F.S., relating to the Division of Florida Land
29Sales, Condominiums, and Mobile Homes; requiring that the
30division report annually to the Governor and the
31Legislature on activities involving training programs for
32condominium association board members and unit owners, the
33investigation of complaints, and its core business
34processes; providing an effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Subsection (4) and paragraphs (d) and (p) of
39subsection (6) of section 455.32, Florida Statutes, are amended
40to read:
41     455.32  Management Privatization Act.--
42     (4)  Based upon the request of any board, the department is
43authorized to establish and contract with a nonprofit
44corporation to provide administrative, examination, licensing,
45investigative, and prosecutorial services to that board, in
46accordance with the provisions of this chapter and the
47applicable practice act and as specified in a contract between
48the department and the corporation. The privatization request
49must contain a business case that includes a needs assessment
50and financial feasibility study performed by the board or an
51entity commissioned by a majority vote of the board. The needs
52assessment must contain specific performance standards and
53measurable outcomes and an evaluation of the department's
54current and projected performance in regard to those standards.
55The feasibility study must include the financial status of the
56board for the current fiscal year and the next 2 fiscal years. A
57financial model for the corporation must also be developed which
58includes projected costs and expenses for the first 2 years of
59operation and specific performance standards and measurable
60outcomes. The business case for privatization shall be submitted
61by the board to the department for inclusion in its legislative
62budget request to the Executive Office of the Governor and the
63Legislature pursuant to s. 216.023 must be approved by the
64Executive Office of the Governor and the Legislative Budget
65Commission prior to the establishment of the nonprofit
66corporation. The board shall proceed with the privatization only
67if such privatization is specifically authorized by general law.
68     (6)  Each corporation created to perform the functions
69provided in this section shall:
70     (d)  Be approved by the department to operate for the
71benefit of the board and in the best interest of the state and
72specifically authorized by the Legislature.
73     (p)  Meet or exceed the requirements of the business case
74developed by the board and approved by the Executive Office of
75the Governor and the Legislative Budget Commission.
76     Section 2.  Subsection (3) of section 481.205, Florida
77Statutes, is amended to read:
78     481.205  Board of Architecture and Interior Design.--
79     (3)(a)  Notwithstanding the provisions of ss. 455.225,
80455.228, and 455.32, the duties and authority of the department
81to receive complaints and investigate and discipline persons
82licensed under this part, including the ability to determine
83legal sufficiency and probable cause; to initiate proceedings
84and issue final orders for summary suspension or restriction of
85a license pursuant to s. 120.60(6); to issue notices of
86noncompliance, notices to cease and desist, subpoenas, and
87citations; to retain legal counsel, investigators, or
88prosecutorial staff in connection with the licensed practice of
89architecture and interior design; and to investigate and deter
90the unlicensed practice of architecture and interior design as
91provided in s. 455.228 are delegated to the board. All
92complaints and any information obtained pursuant to an
93investigation authorized by the board are confidential and
94exempt from s. 119.07(1) as provided in s. 455.225(2) and (10).
95     (b)  The board shall contract with a corporation or other
96business entity pursuant to s. 287.057(3) to provide
97investigative, legal, prosecutorial, and other services
98necessary to perform its duties.
99     (c)  The corporation or business entity shall comply with
100all the recordkeeping and reporting requirements of s. 455.32
101applicable to the scope of the contract and shall report
102directly to the board in lieu of the department. Records of the
103corporation or other business entity contracting with the board
104shall be considered public records as specified in s.
105455.32(15).
106     (d)  Notwithstanding the provisions of s. 455.228, the
107board may use funds in the unlicensed activity account
108established under s. 455.2281 to perform its duties relating to
109unlicensed activity under this subsection.
110     (e)  The board shall submit an annual budget request to the
111department by October 1 of each year Legislature for the purpose
112of funding its activities under this subsection. The department,
113on behalf of the board, shall submit the budget request
114unchanged to the Executive Office of the Governor and, which
115must be separate from the legislative budget request submitted
116by the department to the Legislature pursuant to s. 216.023.
117     (f)  The board shall issue an annual report on the
118activities under this subsection by October 1 of each year. The
119annual report shall be submitted to the Executive Office of the
120Governor, the President of the Senate, the Speaker of the House
121of Representatives, and the chairs of the legislative
122appropriations committees. The report shall describe all of the
123activities performed under this subsection for the previous
124fiscal year and shall include, but need not be limited to, the
125following:
126     1.  The number of complaints received.
127     2.  The number of complaints determined to be legally
128sufficient.
129     3.  The number of complaints determined to be legally
130insufficient.
131     4.  The number of complaints dismissed.
132     5.  The number of complaints filed in circuit court.
133     6.  The number of complaints determined to have probable
134cause.
135     7.  The number of administrative complaints issued and the
136status of the complaints.
137     8.  The number and nature of disciplinary actions taken by
138the board.
139     9.  The number and the amount of fines and penalties
140imposed.
141     10.  The number and the amount of fines and penalties
142collected.
143     11.  Total revenues received and all expenses incurred by
144the contractor during the previous fiscal year.
145     12.  Total completed investigations.
146     13.  Total pending investigations.
147     14.  A summary of any audits performed, including financial
148reports and performance audits of the contractor.
149     Section 3.  Paragraph (d) of subsection (2) and subsection
150(5) of section 509.032, Florida Statutes, are amended to read:
151     509.032  Duties.--
152     (2)  INSPECTION OF PREMISES.--
153     (d)  The division shall adopt and enforce sanitation rules
154consistent with law to ensure the protection of the public from
155food-borne illness in those establishments licensed under this
156chapter. These rules shall provide the standards and
157requirements for obtaining, storing, preparing, processing,
158serving, or displaying food in public food service
159establishments, approving public food service establishment
160facility plans, conducting necessary public food service
161establishment inspections for compliance with sanitation
162regulations, cooperating and coordinating with the Department of
163Health in epidemiological investigations, and initiating
164enforcement actions, and for other such responsibilities deemed
165necessary by the division. The division may not establish by
166rule any regulation governing the design, construction,
167erection, alteration, modification, repair, or demolition of any
168public lodging or public food service establishment. It is the
169intent of the Legislature to preempt that function to the
170Florida Building Commission and the State Fire Marshal through
171adoption and maintenance of the Florida Building Code and the
172Florida Fire Prevention Code. The division shall provide
173technical assistance to the commission and the State Fire
174Marshal in updating the construction standards of the Florida
175Building Code and the Florida Fire Prevention Code which govern
176public lodging and public food service establishments. Further,
177the division shall enforce the provisions of the Florida
178Building Code and the Florida Fire Prevention Code which apply
179to public lodging and public food service establishments in
180conducting any inspections authorized by this part.
181     (5)  REPORTS REQUIRED.--The division shall submit annually
182to send the Governor, the President of the Senate, the Speaker
183of the House of Representatives, and the chairs of the
184legislative appropriations committees a written report, which
185shall state, but need not be limited to, the total number of
186active public lodging and public food service licenses in the
187state, the total number of inspections of these establishments
188conducted by the division to ensure the enforcement of sanitary
189standards, the total number of inspections conducted in response
190to emergency or epidemiological conditions, the number of
191violations of each sanitary standard, the total number of
192inspections conducted to meet the statutorily required number of
193inspections, and any recommendations for improved inspection
194procedures. The division shall also keep accurate account of all
195expenses arising out of the performance of its duties and all
196fees collected under this chapter. The report shall be submitted
197by September 30 following the end of the fiscal year.
198     Section 4.  Paragraph (n) is added to subsection (1) of
199section 718.501, Florida Statutes, to read:
200     718.501  Powers and duties of Division of Florida Land
201Sales, Condominiums, and Mobile Homes.--
202     (1)  The Division of Florida Land Sales, Condominiums, and
203Mobile Homes of the Department of Business and Professional
204Regulation, referred to as the "division" in this part, in
205addition to other powers and duties prescribed by chapter 498,
206has the power to enforce and ensure compliance with the
207provisions of this chapter and rules promulgated pursuant hereto
208relating to the development, construction, sale, lease,
209ownership, operation, and management of residential condominium
210units. In performing its duties, the division has the following
211powers and duties:
212     (n)  The division shall submit to the Governor, the
213President of the Senate, the Speaker of the House of
214Representatives, and the chairs of the legislative
215appropriations committees an annual report that includes, but
216need not be limited to, the number of training programs provided
217for condominium association board members and unit owners, the
218number of complaints received by type, the number and percent of
219complaints acknowledged in writing within 30 days and the number
220and percent of investigations acted upon within 90 days in
221accordance with paragraph (m), and the number of investigations
222exceeding the 90-day requirement. The annual report shall also
223include an evaluation of the division's core business processes
224and make recommendations for improvements, including statutory
225changes. The report shall be submitted by September 30 following
226the end of the fiscal year.
227     Section 5.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.