Florida Senate - 2019                                    SB 1672
       
       
        
       By Senator Perry
       
       
       
       
       
       8-01755A-19                                           20191672__
    1                        A bill to be entitled                      
    2         An act relating to legislative review of proposed
    3         regulation of unregulated functions; amending s.
    4         11.62, F.S.; defining terms; providing that certain
    5         requirements must be met before the adoption of a
    6         regulation of an unregulated profession or occupation
    7         or the substantial expansion of regulation of a
    8         regulated profession or occupation; requiring the
    9         proponents of legislation that proposes such
   10         regulation to provide certain information to the state
   11         agency proposed to have jurisdiction over the
   12         regulation and the Legislature by a certain date;
   13         requiring such state agency to provide certain
   14         information to the Legislature within a certain time
   15         period; providing an exception; revising information
   16         that a legislative committee must consider when
   17         determining whether a regulation is justified;
   18         providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 11.62, Florida Statutes, is amended to
   23  read:
   24         11.62 Legislative review of proposed regulation of
   25  unregulated functions.—
   26         (1) This section may be cited as the “Sunrise Act.”
   27         (2) It is the intent of the Legislature:
   28         (a) That no profession or occupation be subject to
   29  regulation by the state unless the regulation is necessary to
   30  protect the public health, safety, or welfare from significant
   31  and discernible harm or damage and that the police power of the
   32  state be exercised only to the extent necessary for that
   33  purpose; and
   34         (b) That no profession or occupation be regulated by the
   35  state in a manner that unnecessarily restricts entry into the
   36  practice of the profession or occupation or adversely affects
   37  the availability of the professional or occupational services to
   38  the public.
   39         (3) As used in this section, the term:
   40         (a)“Substantial expansion of regulation” means to expand
   41  the scope of practice for current practitioners of a profession
   42  or occupation by regulating an activity that is not regulated by
   43  the state.
   44         (b)“Transactional costs” means direct costs that are
   45  ascertainable based upon standard business practices, including
   46  filing fees, license fees, regulatory compliance costs,
   47  operating costs, monitoring and reporting costs, and any other
   48  costs necessary to comply with the proposed regulation.
   49         (4) In determining whether to regulate a profession or
   50  occupation, the Legislature shall consider the following
   51  factors:
   52         (a) Whether the unregulated practice of the profession or
   53  occupation will substantially harm or endanger the public
   54  health, safety, or welfare, and whether the potential for harm
   55  is recognizable and not remote;
   56         (b) Whether the practice of the profession or occupation
   57  requires specialized skill or training, and whether that skill
   58  or training is readily measurable or quantifiable so that
   59  examination or training requirements would reasonably assure
   60  initial and continuing professional or occupational ability;
   61         (c) Whether the regulation will have an unreasonable effect
   62  on job creation or job retention in the state or will place
   63  unreasonable restrictions on the ability of individuals who seek
   64  to practice or who are practicing a given profession or
   65  occupation to find employment;
   66         (d) Whether the public is or can be effectively protected
   67  by other means; and
   68         (e) Whether the overall cost-effectiveness and economic
   69  impact of the proposed regulation, including the indirect costs
   70  to consumers, will be favorable.
   71         (5)The requirements in this section must be met before the
   72  adoption of a regulation of a profession or occupation not
   73  already expressly subject to state regulation or the substantial
   74  expansion of regulation of a regulated profession or occupation
   75  in order to determine whether such regulation is necessary to
   76  protect the public and is the least restrictive regulatory
   77  alternative consistent with the public interest.
   78         (6)(4) The proponents of legislation, including any
   79  individual, group, or entity, that proposes provides for the
   80  regulation of an unregulated profession or occupation or the
   81  substantial expansion of regulation of a regulated profession or
   82  occupation a profession or occupation not already expressly
   83  subject to state regulation shall provide, upon request, the
   84  following information in writing to the state agency that is
   85  proposed to have jurisdiction over the regulation, the President
   86  of the Senate, and the Speaker of the House of Representatives
   87  at least 30 days before the regular session of the Legislature
   88  in which the legislation is to be filed and to the legislative
   89  committees to which the legislation is referred:
   90         (a)A copy of the draft legislation proposing to regulate
   91  an unregulated profession or occupation or the substantial
   92  expansion of regulation of a regulated profession or occupation;
   93         (b)(a) The number of individuals or businesses that would
   94  be subject to the regulation;
   95         (c)(b) The name of each association that represents members
   96  of the profession or occupation, together with a copy of its
   97  codes of ethics or conduct;
   98         (d)(c) Documentation of the nature and extent of the harm
   99  to the public caused by the unregulated practice of the
  100  profession or occupation, including a description of any
  101  complaints that have been lodged against persons who have
  102  practiced the profession or occupation in this state during the
  103  preceding 3 years;
  104         (e)(d) A list of states that regulate the profession or
  105  occupation, and the dates of enactment of each law providing for
  106  such regulation and a copy of each law;
  107         (f)(e) A list and description of state and federal laws
  108  that have been enacted to protect the public with respect to the
  109  profession or occupation and a statement of the reasons why
  110  these laws have not proven adequate to protect the public;
  111         (g)(f) A description of the voluntary efforts made by
  112  members of the profession or occupation to protect the public
  113  and a statement of the reasons why these efforts have not proven
  114  are not adequate to protect the public;
  115         (h)(g) A copy of any federal legislation mandating
  116  regulation;
  117         (i)(h) An explanation of the reasons why other types of
  118  less restrictive regulation would not effectively protect the
  119  public;
  120         (j)(i) The cost, availability, and appropriateness of
  121  training and examination requirements;
  122         (k)(j) The cost of regulation, including the indirect cost
  123  to consumers, and the method proposed to finance the regulation;
  124         (l)(k) The cost imposed on applicants or practitioners or
  125  on employers of applicants or practitioners as a result of the
  126  regulation;
  127         (m)(l) The details of any previous efforts in this state to
  128  implement regulation of the profession or occupation, including
  129  a summary of bills filed in the Legislature on the same subject
  130  in the preceding 5 years; and
  131         (n)(m) Any other information the proponents of the
  132  legislation consider agency or the committee considers relevant
  133  to the analysis of the proposed legislation.
  134         (7)(5)The state agency proposed to have jurisdiction over
  135  the regulation shall provide the President of the Senate and the
  136  Speaker of the House of Representatives with the following
  137  information within 25 days after the proponents of the
  138  legislation submit the draft legislation to the state agency in
  139  accordance with subsection (6) The agency shall provide the
  140  Legislature with information concerning the effect of proposed
  141  legislation that provides for new regulation of a profession or
  142  occupation regarding:
  143         (a) The departmental resources necessary to implement and
  144  enforce the proposed regulation, including, but not limited to,
  145  the anticipated costs to implement and enforce the proposed
  146  regulation and any anticipated license fees necessary to cover
  147  the anticipated costs.;
  148         (b) Whether additional statutory or rulemaking authority is
  149  necessary to implement and enforce the proposed regulation.
  150         (c)A comparison of similarly situated professions and
  151  occupations regulated by the state agency.
  152         (d)The anticipated impact on small businesses as defined
  153  in s. 288.703 and small counties and small cities as defined in
  154  s. 120.52.
  155         (e)The anticipated impact on business competitiveness,
  156  including the ability of persons doing business in the state to
  157  compete with persons doing business in other states or domestic
  158  markets.
  159         (f)The anticipated impact on economic growth and private
  160  sector job creation or employment.
  161         (g) The technical sufficiency of the proposal for
  162  regulation, including its consistency with the regulation of
  163  other professions and occupations under existing law.; and
  164         (h)(c) If applicable, any alternatives to the proposed
  165  regulation which may result in a less restrictive or more cost
  166  effective regulatory scheme.
  167         (i)A good faith estimate of the number of individuals or
  168  businesses that would be subject to the proposed regulation.
  169         (j)A good faith estimate of the transactional costs likely
  170  to be incurred by individuals and entities, including local
  171  government entities, that would be required to comply with the
  172  proposed regulation.
  173         (k)Any other information the state agency determines
  174  relevant to the analysis of the proposed regulation.
  175         (8)If the state agency that is proposed to have
  176  jurisdiction over the regulation is unable to provide the
  177  information required by subsection (7), such state agency shall
  178  notify the proponents of the legislation, the President of the
  179  Senate, and the Speaker of the House of Representatives that the
  180  agency was unable to acquire sufficient information to comply
  181  with that subsection.
  182         (9)(6) When making a recommendation concerning proposed
  183  legislation providing for new regulation of a profession or
  184  occupation, a legislative committee shall determine:
  185         (a) Whether the regulation is justified based on the
  186  criteria specified in subsection (3), the information submitted
  187  pursuant to request under subsection (4), and the information
  188  provided under subsections (4), (6), and (7) subsection (5);
  189         (b) The least restrictive and most cost-effective
  190  regulatory scheme that will adequately protect the public; and
  191         (c) The technical sufficiency of the proposed legislation,
  192  including its consistency with the regulation of other
  193  professions and occupations under existing law.
  194         Section 2. This act shall take effect July 1, 2019.