Florida Senate - 2022                                    SB 1276
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-01077-22                                           20221276__
    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 adopting the
    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 that would have jurisdiction over the proposed
   12         regulation and to the Legislature by a certain date;
   13         requiring such state agency to provide certain
   14         information to the Legislature within a specified
   15         timeframe; providing an exception; revising the
   16         information a legislative committee must consider when
   17         determining whether regulation is justified; providing
   18         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 a no profession or an occupation may not be
   29  subject to regulation by the state unless the regulation is
   30  necessary to protect the public health, safety, or welfare from
   31  significant and discernible harm or damage and that the police
   32  power of the state be exercised only to the extent necessary for
   33  that purpose; and
   34         (b) That a no profession or an occupation may not be
   35  regulated by the state in a manner that unnecessarily restricts
   36  entry into the practice of the profession or occupation or
   37  adversely affects the availability of the professional or
   38  occupational services to 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 an occupation by regulating an activity that is not regulated
   43  by 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)In order to ensure that the Legislature adopts only
   72  those regulations that are necessary to protect the public and
   73  are the least restrictive regulatory alternatives consistent
   74  with the public interest, the requirements of this section must
   75  be met before the adoption of:
   76         (a) Any regulation of a profession or an occupation not
   77  already expressly subject to state regulation; or
   78         (b) Any regulation that substantially expands the
   79  regulation of a regulated profession or occupation.
   80         (6)(4) The proponents of legislation, including any
   81  individual, group, or entity, that proposes that provides for
   82  the regulation of an unregulated profession or occupation or the
   83  substantial expansion of regulation of a regulated profession or
   84  occupation not already expressly subject to state regulation
   85  shall provide, upon request, the following information in
   86  writing to the state agency that is proposed to have
   87  jurisdiction over the regulation, to the President of the
   88  Senate, and to the Speaker of the House of Representatives at
   89  least 30 days before the regular session of the Legislature in
   90  which the legislation is to be filed and to the legislative
   91  committees to which the legislation is referred:
   92         (a)A copy of the draft legislation proposing to regulate
   93  an unregulated profession or occupation or the substantial
   94  expansion of regulation of a regulated profession or occupation;
   95         (b)(a) The number of individuals or businesses that would
   96  be subject to the regulation;
   97         (c)(b) The name of each association that represents members
   98  of the profession or occupation, together with a copy of its
   99  codes of ethics or conduct;
  100         (d)(c) Documentation of the nature and extent of the harm
  101  to the public caused by the unregulated practice of the
  102  profession or occupation, including a description of any
  103  complaints that have been lodged against persons who have
  104  practiced the profession or occupation in this state during the
  105  preceding 3 years;
  106         (e)(d) A list of states that regulate the profession or
  107  occupation, and the dates of enactment of each law providing for
  108  such regulation and a copy of each law;
  109         (f)(e) A list and description of state and federal laws
  110  that have been enacted to protect the public with respect to the
  111  profession or occupation and a statement of the reasons why
  112  these laws have not proven adequate to protect the public;
  113         (g)(f) A description of the voluntary efforts made by
  114  members of the profession or occupation to protect the public
  115  and a statement of the reasons why these efforts have not proven
  116  are not adequate to protect the public;
  117         (h)(g) A copy of any federal legislation mandating
  118  regulation;
  119         (i)(h) An explanation of the reasons why other types of
  120  less restrictive regulation would not effectively protect the
  121  public;
  122         (j)(i) The cost, availability, and appropriateness of
  123  training and examination requirements;
  124         (k)(j) The cost of regulation, including the indirect cost
  125  to consumers, and the method proposed to finance the regulation;
  126         (l)(k) The cost imposed on applicants or practitioners or
  127  on employers of applicants or practitioners as a result of the
  128  regulation;
  129         (m)(l) The details of any previous efforts in this state to
  130  implement regulation of the profession or occupation, including
  131  a summary of bills filed in the Legislature on the same subject
  132  in the preceding 5 years; and
  133         (n)(m) Any other information the proponents of the
  134  legislation consider agency or the committee considers relevant
  135  to the analysis of the proposed legislation.
  136         (7)(5)The state agency proposed to have jurisdiction over
  137  the regulation shall provide the President of the Senate and the
  138  Speaker of the House of Representatives with all of the
  139  following information within 25 days after the proponents of the
  140  legislation submit the draft legislation to the state agency in
  141  accordance with subsection (6) The agency shall provide the
  142  Legislature with information concerning the effect of proposed
  143  legislation that provides for new regulation of a profession or
  144  occupation regarding:
  145         (a) The departmental resources necessary to implement and
  146  enforce the proposed regulation, including, but not limited to,
  147  the anticipated costs to implement and enforce the proposed
  148  regulation and any anticipated license fees necessary to cover
  149  the anticipated costs.;
  150         (b) Whether additional statutory or rulemaking authority is
  151  necessary to implement and enforce the proposed regulation.
  152         (c)A comparison of similarly situated professions and
  153  occupations regulated by the state agency.
  154         (d)The anticipated impact on small businesses as defined
  155  in s. 288.703 and on small counties and small cities as those
  156  terms are defined in s. 120.52.
  157         (e)The anticipated impact on business competitiveness,
  158  including the ability of persons doing business in this state to
  159  compete with persons doing business in other states or domestic
  160  markets.
  161         (f)The anticipated impact on economic growth and private
  162  sector job creation or employment.
  163         (g) The technical sufficiency of the proposal for
  164  regulation, including its consistency with the regulation of
  165  other professions and occupations under existing law.; and
  166         (h)(c) If applicable, any alternatives to the proposed
  167  regulation which may result in a less restrictive or more cost
  168  effective regulatory scheme.
  169         (i)A good faith estimate of the number of individuals or
  170  businesses subject to the proposed regulation.
  171         (j)A good faith estimate of the transactional costs likely
  172  to be incurred by individuals and entities, including local
  173  government entities, required to comply with the proposed
  174  regulation.
  175         (k)Any other information the state agency determines
  176  relevant to the analysis of the proposed regulation.
  177         (8)If the state agency proposed to have jurisdiction over
  178  the regulation is unable to provide the information required by
  179  subsection (7), such state agency must notify the proponents of
  180  the legislation, the President of the Senate, and the Speaker of
  181  the House of Representatives that the agency was unable to
  182  acquire sufficient information to comply with that subsection.
  183         (9)(6) When making a recommendation concerning proposed
  184  legislation providing for new regulation of a profession or
  185  occupation, a legislative committee shall determine:
  186         (a) Whether the regulation is justified based on the
  187  criteria specified in subsection (3), the information submitted
  188  pursuant to request under subsection (4), and the information
  189  provided under subsections (4), (6), and (7) subsection (5);
  190         (b) The least restrictive and most cost-effective
  191  regulatory scheme that will adequately protect the public; and
  192         (c) The technical sufficiency of the proposed legislation,
  193  including its consistency with the regulation of other
  194  professions and occupations under existing law.
  195         Section 2. This act shall take effect July 1, 2022.