Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 582
       
       
       
       
       
       
                                Ì6872088Î687208                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2017           .                                
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       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.