Florida Senate - 2016 SB 394
By Senator Hays
11-00555-16 2016394__
1 A bill to be entitled
2 An act relating to unlicensed activity fees; amending
3 s. 455.2281, F.S.; prohibiting the Department of
4 Business and Professional Regulation from imposing a
5 specified fee in certain circumstances; providing for
6 applicability of the waiver; providing an effective
7 date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Section 455.2281, Florida Statutes, is amended
12 to read:
13 455.2281 Unlicensed activities; fees; disposition.—In order
14 to protect the public and to ensure a consumer-oriented
15 department, it is the intent of the Legislature that vigorous
16 enforcement of regulation for all professional activities is a
17 state priority. All enforcement costs should be covered by
18 professions regulated by the department. Therefore, the
19 department shall impose, upon initial licensure and each
20 subsequent renewal thereof, a special fee of $5 per licensee,.
21 Such fee shall be in addition to all other fees imposed,
22 collected from each licensee to and shall fund efforts to combat
23 unlicensed activity. However, the department may not impose this
24 special fee on a license renewal for any profession whose
25 unlicensed activity account balance, at the beginning of the
26 fiscal year before the renewal, totals more than twice the total
27 of the expenditures for unlicensed activity enforcement efforts
28 in the preceding 2 fiscal years. This waiver applies to all
29 licensees within the profession, and assessment of the special
30 fee may not begin or resume until the renewal cycle subject to
31 the waiver has ended for all of the licensees in that
32 profession. This waiver does not apply to a profession that has
33 a deficit in its operating account or that is projected to have
34 such a deficit in the next 5 fiscal years. Any profession
35 regulated by the department which offers services that are not
36 subject to regulation when provided by an unlicensed person may
37 use funds in its unlicensed activity account to inform the
38 public of such situation. The board with concurrence of the
39 department, or the department when there is no board, may
40 earmark $5 of the current licensure fee for this purpose, if
41 such board, or profession regulated by the department, is not in
42 a deficit and has a reasonable cash balance. A board or
43 profession regulated by the department may authorize the
44 transfer of funds from the operating fund account to the
45 unlicensed activity account of that profession if the operating
46 fund account is not in a deficit and has a reasonable cash
47 balance. The department shall make direct charges to this fund
48 by profession and may shall not allocate indirect overhead. The
49 department shall seek board advice regarding enforcement methods
50 and strategies prior to expenditure of funds; however, the
51 department may, without board advice, allocate funds to cover
52 the costs of continuing education compliance monitoring under s.
53 455.2177. The department shall directly credit, by profession,
54 revenues received from the department’s efforts to enforce
55 licensure provisions. The department shall include all financial
56 and statistical data resulting from unlicensed activity
57 enforcement and from continuing education compliance monitoring
58 as separate categories in the quarterly management report
59 provided for in s. 455.219. The department may shall not charge
60 the account of any profession for the costs incurred on behalf
61 of any other profession. With the concurrence of the applicable
62 board and the department, any balance that remains in For an
63 unlicensed activity account, a balance which remains at the end
64 of a renewal cycle may, with concurrence of the applicable board
65 and the department, be transferred to the operating fund account
66 of that profession.
67 Section 2. This act shall take effect July 1, 2016.