Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 582 Ì6872088Î687208 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/23/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Regulated Industries (Latvala) recommended the following: 1 Senate Substitute for Amendment (853344) (with title 2 amendment) 3 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. Subsection (11) is added to section 455.203, 7 Florida Statutes, to read: 8 455.203 Department; powers and duties.—The department, for 9 the boards under its jurisdiction, shall: 10 (11)(a) Determine whether final board decisions constitute 11 anticompetitive conduct that does not promote state policy, does 12 not comport with the standards established by the Legislature, 13 or does not comport with the authority delegated to a board by 14 the Legislature. The department shall review each final board 15 decision for anticompetitive conduct and, based on its findings, 16 shall issue an order approving, modifying, or disapproving the 17 decision. The department’s anticompetitive review constitutes a 18 limited legal review and its resulting determination is subject 19 to legal challenge only through state or federal antitrust 20 causes of action. For purposes of this paragraph, the term 21 “final board decisions” includes final disciplinary actions, 22 rules, declaratory statements, actions concerning unlicensed 23 activity, and licensure application decisions. 24 (b) Legal costs for defense of antitrust actions brought 25 against boards or board members shall be paid out of the 26 Professional Regulation Trust Fund. Financial damages resulting 27 from antitrust litigation shall be paid from the State Risk 28 Management Trust Fund by the Division of Risk Management within 29 the Department of Financial Services. 30 Section 2. Subsection (12) is added to section 456.004, 31 Florida Statutes, to read: 32 456.004 Department; powers and duties.—The department, for 33 the professions under its jurisdiction, shall: 34 (12)(a) Determine whether final board decisions constitute 35 anticompetitive conduct that does not promote state policy, does 36 not comport with the standards established by the Legislature, 37 or does not comport with the authority delegated to a board by 38 the Legislature. The department shall review each final board 39 decision for anticompetitive conduct and, based on its findings, 40 shall issue an order approving, modifying, or disapproving the 41 decision. The department’s anticompetitive review constitutes a 42 limited legal review and its resulting determination is subject 43 to legal challenge only through state or federal antitrust 44 causes of action. For purposes of this paragraph, the term 45 “final board decisions” includes final disciplinary actions, 46 rules, declaratory statements, actions concerning unlicensed 47 activity, and licensure application decisions. 48 (b) Legal costs for defense of antitrust actions brought 49 against boards or board members shall be paid out of the Medical 50 Quality Assurance Trust Fund. Financial damages resulting from 51 antitrust litigation shall be paid from the State Risk 52 Management Trust Fund by the Division of Risk Management within 53 the Department of Financial Services. 54 Section 3. Paragraph (e) is added to subsection (7) of 55 section 497.103, Florida Statutes, to read: 56 497.103 Authority of board and department; Chief Financial 57 Officer recommendations.— 58 (7) ACTIONS BY BOARD AND DEPARTMENT.— 59 (e)1. The department shall determine whether final board 60 decisions constitute anticompetitive conduct that does not 61 promote state policy, does not comport with the standards 62 established by the Legislature, or does not comport with the 63 authority delegated to a board by the Legislature. The 64 department shall review each final board decision for 65 anticompetitive conduct and, based on its findings, shall issue 66 an order approving, modifying, or disapproving the decision. The 67 department’s anticompetitive review constitutes a limited legal 68 review and its resulting determination is subject to legal 69 challenge only through state or federal antitrust causes of 70 action. For purposes of this paragraph, the term “final board 71 decisions” includes final disciplinary actions, rules, 72 declaratory statements, actions concerning unlicensed activity, 73 and licensure application decisions. 74 2. Legal costs for defense of antitrust actions brought 75 against boards or board members shall be paid out of the 76 Regulatory Trust Fund. Financial damages resulting from 77 antitrust litigation shall be paid from the State Risk 78 Management Trust Fund by the Division of Risk Management within 79 the Department of Financial Services. 80 Section 4. This act shall take effect upon becoming a law. 81 82 ================= T I T L E A M E N D M E N T ================ 83 And the title is amended as follows: 84 Delete everything before the enacting clause 85 and insert: 86 A bill to be entitled 87 An act relating to regulatory boards; amending ss. 88 455.203, 456.004, and 497.103, F.S.; requiring the 89 Department of Business and Professional Regulation, 90 the Department of Health, and the Department of 91 Financial Services, respectively, to determine whether 92 final board decisions constitute certain 93 anticompetitive conduct; requiring the departments to 94 review final board decisions for anticompetitive 95 conduct and issue orders approving, modifying, or 96 disapproving each decision; specifying that the 97 departments’ anticompetitive review constitutes a 98 limited legal review and its resulting determination 99 is subject only to certain legal challenges; 100 specifying actions that are considered final board 101 decisions; requiring that legal costs for defense of 102 antitrust actions and financial damages be paid from 103 specified accounts or by a specified entity; providing 104 an effective date.