1 | A bill to be entitled |
2 | An act relating to the Department of Business and |
3 | Professional Regulation; amending s. 20.165, F.S.; |
4 | establishing the Division of Service Operations within the |
5 | department; amending s. 455.217, F.S.; transferring |
6 | certain duties of the Division of Technology relating to |
7 | examinations to the Division of Service Operations; |
8 | requiring the department to use outside qualified testing |
9 | vendors under certain conditions; deleting a requirement |
10 | that the appropriate board approve the department's use of |
11 | professional testing services; amending s. 509.233, F.S.; |
12 | authorizing local governments to establish, by ordinance, |
13 | local exemption procedures to allow patrons' dogs within |
14 | certain designated outdoor portions of public food service |
15 | establishments; deleting provisions for a pilot program |
16 | that limits the authority for such local exemption |
17 | procedures to a specified time; deleting a provision that |
18 | provides for the future review and repeal of such pilot |
19 | program; providing an effective date. |
20 |
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21 | Be It Enacted by the Legislature of the State of Florida: |
22 |
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23 | Section 1. Paragraph (k) is added to subsection (2) of |
24 | section 20.165, Florida Statutes, to read: |
25 | 20.165 Department of Business and Professional |
26 | Regulation.--There is created a Department of Business and |
27 | Professional Regulation. |
28 | (2) The following divisions of the Department of Business |
29 | and Professional Regulation are established: |
30 | (k) Division of Service Operations. |
31 | Section 2. Subsection (1) of section 455.217, Florida |
32 | Statutes, is amended to read: |
33 | 455.217 Examinations.--This section shall be read in |
34 | conjunction with the appropriate practice act associated with |
35 | each regulated profession under this chapter. |
36 | (1) The Division of Service Operations Technology of the |
37 | Department of Business and Professional Regulation shall |
38 | provide, contract, or approve services for the development, |
39 | preparation, administration, scoring, score reporting, and |
40 | evaluation of all examinations. The division shall seek the |
41 | advice of the appropriate board in providing such services. |
42 | (a) The department, acting in conjunction with the |
43 | Division of Service Operations Technology and the Division of |
44 | Real Estate, as appropriate, shall ensure that examinations |
45 | adequately and reliably measure an applicant's ability to |
46 | practice the profession regulated by the department. After an |
47 | examination developed or approved by the department has been |
48 | administered, the board or department may reject any question |
49 | which does not reliably measure the general areas of competency |
50 | specified in the rules of the board or department, when there is |
51 | no board. The department shall use outside qualified |
52 | professional testing vendors services for the development, |
53 | preparation, and evaluation of examinations, when the use of |
54 | such vendors is economically and viably services are available |
55 | and approved by the board. |
56 | (b) For each examination developed by the department or |
57 | contracted vendor, to the extent not otherwise specified by |
58 | statute, the board or the department when there is no board, |
59 | shall by rule specify the general areas of competency to be |
60 | covered by the examination, the relative weight to be assigned |
61 | in grading each area tested, the score necessary to achieve a |
62 | passing grade, and the fees, where applicable, to cover the |
63 | actual cost for any purchase, development, and administration of |
64 | the required examination. However, statutory fee caps in each |
65 | practice act shall apply. This subsection does not apply to |
66 | national examinations approved and administered pursuant to |
67 | paragraph (d). |
68 | (c) If a practical examination is deemed to be necessary, |
69 | rules shall specify the criteria by which examiners are to be |
70 | selected, the grading criteria to be used by the examiner, the |
71 | relative weight to be assigned in grading each criterion, and |
72 | the score necessary to achieve a passing grade. When a mandatory |
73 | standardization exercise for a practical examination is required |
74 | by law, the board may conduct such exercise. Therefore, board |
75 | members may serve as examiners at a practical examination with |
76 | the consent of the board. |
77 | (d) A board, or the department when there is no board, may |
78 | approve by rule the use of any national examination which the |
79 | department has certified as meeting requirements of national |
80 | examinations and generally accepted testing standards pursuant |
81 | to department rules. Providers of examinations, which may be |
82 | either profit or nonprofit entities, seeking certification by |
83 | the department shall pay the actual costs incurred by the |
84 | department in making a determination regarding the |
85 | certification. The department shall use any national examination |
86 | which is available, certified by the department, and approved by |
87 | the board. The name and number of a candidate may be provided to |
88 | a national contractor for the limited purpose of preparing the |
89 | grade tape and information to be returned to the board or |
90 | department or, to the extent otherwise specified by rule, the |
91 | candidate may apply directly to the vendor of the national |
92 | examination. The department may delegate to the board the duty |
93 | to provide and administer the examination. Any national |
94 | examination approved by a board, or the department when there is |
95 | no board, prior to October 1, 1997, is deemed certified under |
96 | this paragraph. Any licensing or certification examination that |
97 | is not developed or administered by the department in-house or |
98 | provided as a national examination shall be competitively bid. |
99 | (e) The department shall adopt rules regarding the |
100 | security and monitoring of examinations. In order to maintain |
101 | the security of examinations, the department may employ the |
102 | procedures set forth in s. 455.228 to seek fines and injunctive |
103 | relief against an examinee who violates the provisions of s. |
104 | 455.2175 or the rules adopted pursuant to this paragraph. The |
105 | department, or any agent thereof, may, for the purposes of |
106 | investigation, confiscate any written, photographic, or |
107 | recording material or device in the possession of the examinee |
108 | at the examination site which the department deems necessary to |
109 | enforce such provisions or rules. |
110 | (f) If the professional board with jurisdiction over an |
111 | examination concurs, the department may, for a fee, share with |
112 | any other state's licensing authority an examination developed |
113 | by or for the department unless prohibited by a contract entered |
114 | into by the department for development or purchase of the |
115 | examination. The department, with the concurrence of the |
116 | appropriate board, shall establish guidelines that ensure |
117 | security of a shared exam and shall require that any other |
118 | state's licensing authority comply with those guidelines. Those |
119 | guidelines shall be approved by the appropriate professional |
120 | board. All fees paid by the user shall be applied to the |
121 | department's examination and development program for professions |
122 | regulated by this chapter. All fees paid by the user for |
123 | professions not regulated by this chapter shall be applied to |
124 | offset the fees for the development and administration of that |
125 | profession's examination. If both a written and a practical |
126 | examination are given, an applicant shall be required to retake |
127 | only the portion of the examination for which he or she failed |
128 | to achieve a passing grade, if he or she successfully passes |
129 | that portion within a reasonable time of his or her passing the |
130 | other portion. |
131 | Section 3. Section 509.233, Florida Statutes, is amended |
132 | to read: |
133 | 509.233 Public food service establishment requirements; |
134 | local exemption for dogs in designated outdoor portions; pilot |
135 | program.-- |
136 | (1) INTENT.--It is the intent of the Legislature by this |
137 | section to establish a 3-year pilot program for local |
138 | governments to allow patrons' dogs within certain designated |
139 | outdoor portions of public food service establishments. |
140 | (1)(2) LOCAL EXEMPTION AUTHORIZED.--Notwithstanding s. |
141 | 509.032(7), the governing body of a local government may |
142 | participating in the pilot program is authorized to establish, |
143 | by ordinance, a local exemption procedure to certain provisions |
144 | of the Food and Drug Administration Food Code, as currently |
145 | adopted by the division, in order to allow patrons' dogs within |
146 | certain designated outdoor portions of public food service |
147 | establishments. |
148 | (2)(3) LOCAL DISCRETION; CODIFICATION.-- |
149 | (a) The adoption of the local exemption procedure shall be |
150 | at the sole discretion of the governing body of a participating |
151 | local government. Nothing in this section shall be construed to |
152 | require or compel a local governing body to adopt an ordinance |
153 | pursuant to this section. |
154 | (b) Any ordinance adopted pursuant to this section shall |
155 | provide for codification within the land development code of a |
156 | participating local government. |
157 | (3)(4) LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.-- |
158 | (a) Any local exemption procedure adopted pursuant to this |
159 | section shall only provide a variance to those portions of the |
160 | currently adopted Food and Drug Administration Food Code in |
161 | order to allow patrons' dogs within certain designated outdoor |
162 | portions of public food service establishments. |
163 | (b) In order to protect the health, safety, and general |
164 | welfare of the public, the local exemption procedure shall |
165 | require participating public food service establishments to |
166 | apply for and receive a permit from the governing body of the |
167 | local government before allowing patrons' dogs on their |
168 | premises. The local government shall require from the applicant |
169 | such information as the local government deems reasonably |
170 | necessary to enforce the provisions of this section, but shall |
171 | require, at a minimum, the following information: |
172 | 1. The name, location, and mailing address of the public |
173 | food service establishment. |
174 | 2. The name, mailing address, and telephone contact |
175 | information of the permit applicant. |
176 | 3. A diagram and description of the outdoor area to be |
177 | designated as available to patrons' dogs, including dimensions |
178 | of the designated area; a depiction of the number and placement |
179 | of tables, chairs, and restaurant equipment, if any; the |
180 | entryways and exits to the designated outdoor area; the |
181 | boundaries of the designated area and of other areas of outdoor |
182 | dining not available for patrons' dogs; any fences or other |
183 | barriers; surrounding property lines and public rights-of-way, |
184 | including sidewalks and common pathways; and such other |
185 | information reasonably required by the permitting authority. The |
186 | diagram or plan shall be accurate and to scale but need not be |
187 | prepared by a licensed design professional. |
188 | 4. A description of the days of the week and hours of |
189 | operation that patrons' dogs will be permitted in the designated |
190 | outdoor area. |
191 | (c) In order to protect the health, safety, and general |
192 | welfare of the public, the local exemption ordinance shall |
193 | include such regulations and limitations as deemed necessary by |
194 | the participating local government and shall include, but not be |
195 | limited to, the following requirements: |
196 | 1. All public food service establishment employees shall |
197 | wash their hands promptly after touching, petting, or otherwise |
198 | handling dogs. Employees shall be prohibited from touching, |
199 | petting, or otherwise handling dogs while serving food or |
200 | beverages or handling tableware or before entering other parts |
201 | of the public food service establishment. |
202 | 2. Patrons in a designated outdoor area shall be advised |
203 | that they should wash their hands before eating. Waterless hand |
204 | sanitizer shall be provided at all tables in the designated |
205 | outdoor area. |
206 | 3. Employees and patrons shall be instructed that they |
207 | shall not allow dogs to come into contact with serving dishes, |
208 | utensils, tableware, linens, paper products, or any other items |
209 | involved in food service operations. |
210 | 4. Patrons shall keep their dogs on a leash at all times |
211 | and shall keep their dogs under reasonable control. |
212 | 5. Dogs shall not be allowed on chairs, tables, or other |
213 | furnishings. |
214 | 6. All table and chair surfaces shall be cleaned and |
215 | sanitized with an approved product between seating of patrons. |
216 | Spilled food and drink shall be removed from the floor or ground |
217 | between seating of patrons. |
218 | 7. Accidents involving dog waste shall be cleaned |
219 | immediately and the area sanitized with an approved product. A |
220 | kit with the appropriate materials for this purpose shall be |
221 | kept near the designated outdoor area. |
222 | 8. A sign or signs reminding employees of the applicable |
223 | rules shall be posted on premises in a manner and place as |
224 | determined by the local permitting authority. |
225 | 9. A sign or signs reminding patrons of the applicable |
226 | rules shall be posted on premises in a manner and place as |
227 | determined by the local permitting authority. |
228 | 10. A sign or signs shall be posted in a manner and place |
229 | as determined by the local permitting authority that places the |
230 | public on notice that the designated outdoor area is available |
231 | for the use of patrons and patrons' dogs. |
232 | 11. Dogs shall not be permitted to travel through indoor |
233 | or nondesignated outdoor portions of the public food service |
234 | establishment, and ingress and egress to the designated outdoor |
235 | portions of the public food service establishment must not |
236 | require entrance into or passage through any indoor area of the |
237 | food establishment. |
238 | (d) A permit issued pursuant to this section shall not be |
239 | transferred to a subsequent owner upon the sale of a public food |
240 | service establishment but shall expire automatically upon the |
241 | sale of the establishment. The subsequent owner shall be |
242 | required to reapply for a permit pursuant to this section if the |
243 | subsequent owner wishes to continue to accommodate patrons' |
244 | dogs. |
245 | (4)(5) POWERS; ENFORCEMENT.--Participating local |
246 | governments shall have such powers as are reasonably necessary |
247 | to regulate and enforce the provisions of this section. |
248 | (5)(6) STATE AND LOCAL COOPERATION.--The division shall |
249 | provide reasonable assistance to participating local governments |
250 | in the development of enforcement procedures and regulations, |
251 | and participating local governments shall monitor permitholders |
252 | for compliance in cooperation with the division. At a minimum, |
253 | participating local governments shall establish a procedure to |
254 | accept, document, and respond to complaints and to timely report |
255 | to the division all such complaints and the participating local |
256 | governments' enforcement responses to such complaints. A |
257 | participating local government shall provide the division with a |
258 | copy of all approved applications and permits issued, and the |
259 | participating local government shall require that all |
260 | applications, permits, and other related materials contain the |
261 | appropriate division-issued license number for each public food |
262 | service establishment. |
263 | (7) FUTURE REVIEW AND REPEAL.--This section shall expire |
264 | July 1, 2009, unless reviewed and saved from repeal through |
265 | reenactment by the Legislature. |
266 | Section 4. This act shall take effect July 1, 2009. |