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.