Florida Senate - 2017 CS for CS for SB 582
By the Committees on Judiciary; and Regulated Industries; and
Senator Latvala
590-02995-17 2017582c2
1 A bill to be entitled
2 An act relating to regulatory boards; amending ss.
3 455.203, 456.004, and 497.103, F.S.; requiring the
4 Department of Business and Professional Regulation,
5 the Department of Health, and the Department of
6 Financial Services, respectively, to determine whether
7 final board decisions constitute certain
8 anticompetitive conduct; requiring the departments to
9 review final board decisions for anticompetitive
10 conduct and issue orders approving, modifying, or
11 voiding each decision; specifying that the
12 departments’ anticompetitive review constitutes a
13 limited legal review and its resulting determination
14 is not subject to legal challenge; specifying actions
15 that are considered final board decisions; requiring
16 that legal costs for defense of antitrust actions and
17 financial damages be paid from specified accounts;
18 providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Subsection (11) is added to section 455.203,
23 Florida Statutes, to read:
24 455.203 Department; powers and duties.—The department, for
25 the boards under its jurisdiction, shall:
26 (11)(a) Determine whether final board decisions constitute
27 anticompetitive conduct that does not promote state policy, does
28 not comport with the standards established by the Legislature,
29 or does not comport with the authority delegated to a board by
30 the Legislature. The department, by way of departmental
31 officials who are not active market participants, shall review
32 each final board decision for anticompetitive conduct and, based
33 on its findings, shall issue an order constituting state action
34 approving, modifying, or voiding the decision. The department’s
35 anticompetitive review constitutes a limited legal review and
36 its resulting determination is not subject to legal challenge.
37 For purposes of this paragraph, the term “final board decisions”
38 includes final orders for disciplinary actions, declaratory
39 statements, actions concerning unlicensed activity, licensure
40 application denials, and rulemaking.
41 (b) Legal costs for defense of antitrust actions brought
42 against boards or board members shall be paid out of the
43 Professional Regulation Trust Fund.
44 Section 2. Subsection (12) is added to section 456.004,
45 Florida Statutes, to read:
46 456.004 Department; powers and duties.—The department, for
47 the professions under its jurisdiction, shall:
48 (12)(a) Determine whether final board decisions constitute
49 anticompetitive conduct that does not promote state policy, does
50 not comport with the standards established by the Legislature,
51 or does not comport with the authority delegated to a board by
52 the Legislature. The department, by way of departmental
53 officials who are not active market participants, shall review
54 each final board decision for anticompetitive conduct and, based
55 on its findings, shall issue an order constituting state action
56 approving, modifying, or voiding the decision. The department’s
57 anticompetitive review constitutes a limited legal review and
58 its resulting determination is not subject to legal challenge.
59 For purposes of this paragraph, the term “final board decisions”
60 includes final orders for disciplinary actions, declaratory
61 statements, actions concerning unlicensed activity, licensure
62 application denials, and rulemaking.
63 (b) Legal costs for defense of antitrust actions brought
64 against boards or board members shall be paid out of the Medical
65 Quality Assurance Trust Fund.
66 Section 3. Paragraph (e) is added to subsection (7) of
67 section 497.103, Florida Statutes, to read:
68 497.103 Authority of board and department; Chief Financial
69 Officer recommendations.—
70 (7) ACTIONS BY BOARD AND DEPARTMENT.—
71 (e)1. The department shall determine whether final board
72 decisions constitute anticompetitive conduct that does not
73 promote state policy, does not comport with the standards
74 established by the Legislature, or does not comport with the
75 authority delegated to a board by the Legislature. The
76 department, by way of departmental officials who are not active
77 market participants, shall review each final board decision for
78 anticompetitive conduct and, based on its findings, shall issue
79 an order constituting state action approving, modifying, or
80 voiding the decision. The department’s anticompetitive review
81 constitutes a limited legal review and its resulting
82 determination is not subject to legal challenge. For purposes of
83 this paragraph, the term “final board decisions” includes final
84 orders for disciplinary actions, declaratory statements, actions
85 concerning unlicensed activity, licensure application denials,
86 and rulemaking.
87 2. Legal costs for defense of antitrust actions brought
88 against boards or board members shall be paid out of the
89 Regulatory Trust Fund.
90 Section 4. This act shall take effect upon becoming a law.