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.