Senate Bill sb2144

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2144

    By Senator Clary





    4-1116-03                                           See HB 931

  1                      A bill to be entitled

  2         An act relating to dentistry; creating s.

  3         466.005, F.S.; requiring the Board of Dentistry

  4         to employ its executive director pursuant to

  5         state personnel rules; providing for employment

  6         of all board staff by the executive director;

  7         declaring employees of the board public

  8         employees; requiring the board to employ or

  9         retain a dental compliance officer to ensure

10         proper and timely investigation of complaints;

11         providing for assignment to the board of

12         investigators employed or retained by the

13         Department of Health; authorizing negotiation

14         as a means of obtaining examination and legal

15         services, including private legal services;

16         providing for separate budget authority for the

17         board and the department and for separate

18         budget submission requirements; requiring the

19         department and the board to submit independent

20         annual reports for a specified period to the

21         Governor and Legislature on the effectiveness

22         and efficiency of these provisions; providing

23         an effective date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Section 466.005, Florida Statutes, is

28  created to read:

29         466.005  Board of Dentistry; executive director; staff;

30  dental compliance officer; support services; budget submission

31  and authority; annual reports.--

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    Florida Senate - 2003                                  SB 2144
    4-1116-03                                           See HB 931




 1         (1)(a)  The Board of Dentistry shall employ its

 2  executive director pursuant to the rules of the state

 3  personnel system, including a background check by the

 4  Department of Law Enforcement. The committee of the board

 5  conducting the interview of applicants for executive director

 6  of the board shall include the Secretary of Health, or his or

 7  her designee, provided that such designee is not the executive

 8  director of the board or other board staff. The executive

 9  director shall be exclusively employed by the board and no

10  other board. The executive director shall report directly to

11  the board.

12         (b)  The executive director shall be responsible for

13  employing all other staff members pursuant to state personnel

14  rules. Employees of the board are public employees for

15  purposes of chapters 110 and 112 and subject to the provisions

16  of s. 112.061.

17         (2)(a)  A dental compliance officer shall be employed

18  or retained by the board to provide dental expertise and

19  advice to the executive director, lead investigators, intake

20  specialists, and the board regarding dental health regulation

21  issues to ensure that probable cause complaints are properly

22  investigated and brought before the probable cause panel in a

23  timely and efficacious manner.

24         (b)  The dental compliance officer shall be responsible

25  for determining legal sufficiency of all dental complaints

26  received by the department. Pursuant to s. 456.073(2), such

27  determination shall be made by the dental compliance officer

28  within 5 working days after receipt of the complaint.

29         (3)  Within each department district, an investigator

30  employed or retained by the department shall be assigned to

31  the board.

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    Florida Senate - 2003                                  SB 2144
    4-1116-03                                           See HB 931




 1         (4)  Notwithstanding any other provision of law, the

 2  board shall obtain services of legal counsel and prosecutors

 3  in disciplinary cases by contracting with the department or

 4  the Department of Legal Affairs or by retaining private

 5  counsel pursuant to s. 287.057(3), provided that the board's

 6  retention of private legal services, when applicable, shall be

 7  preceded by a finding of the board that the types of services

 8  required are of a highly specialized or unique nature not

 9  available through the department or the Department of Legal

10  Affairs. Private counsel may be retained for prosecuting

11  multiple disciplinary cases to conclusion. In instances in

12  which the board retains private legal services, the chair of

13  the board shall act as agency head. No attorney shall

14  prosecute a disciplinary case and provide legal guidance to

15  the board with respect to the same disciplinary case.

16         (5)  Notwithstanding any other provision of law, the

17  board shall, at its discretion, obtain examination services by

18  contracting with the department or by retaining private

19  services pursuant to s. 287.057(3).

20         (6)(a)1.  In conjunction with each budgetary cycle, the

21  board shall submit a proposed budget to the department, the

22  Governor, the President of the Senate, and the Speaker of the

23  House of Representatives covering:

24         a.  All anticipated revenue of all types, including,

25  but not limited to, examination, licensure, and permitting

26  fees as well as disciplinary fines and reimbursements for

27  court costs and prosecutorial services.

28         b.  Direct operating expenses of the board, which shall

29  include personnel, legal counsel and other consulting

30  services, the processing and examination of licensure

31  applicants, the issuance of licenses and permits, the review,

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    Florida Senate - 2003                                  SB 2144
    4-1116-03                                           See HB 931




 1  investigation, and prosecution of disciplinary actions, and

 2  all other support services retained by the board, as well as

 3  office space, furnishings, equipment, supplies, postage,

 4  printing, and other costs necessary to enable the board to

 5  fulfill its responsibilities under this chapter.

 6         2.  In addition to reflecting direct anticipated

 7  expenses, the board's proposed budget shall include an

 8  operational contingency in an amount determined by the board

 9  after reviewing historical utilization, special assessments,

10  and other cost variables.

11         (b)  In conjunction with each budgetary cycle, the

12  department shall include as a separate line item in its

13  legislative budget request funding to cover all anticipated

14  expenses of the department in providing various support

15  services to the board, including, when applicable, expenses

16  associated with the collection of licensure and permitting

17  fees; the issuance of licenses and permits; accounting

18  services; complaint review and investigation; the collection

19  of disciplinary fines and expense reimbursement; and all other

20  indirect expenses of the board that are not incurred directly

21  by the board and are borne on behalf of the board by the

22  department. All expense detail as provided in this paragraph

23  shall reflect the methodology and calculations of the

24  department in allocating common expenses among all regulatory

25  boards, provided, however, that in no event shall the total

26  costs allocated for the provision of such support services by

27  the department exceed by more than 150 percent the ratio of

28  dental licensees to total licensees of all professions whose

29  boards receive the same type of support services from the

30  department. In the event the board disputes the allocation of

31  common expenses proposed by the department or any other

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    Florida Senate - 2003                                  SB 2144
    4-1116-03                                           See HB 931




 1  proposed expense of the department that is associated with the

 2  department' s provision of support services to the board, the

 3  board shall timely provide an exceptions report together with

 4  appropriate recommendations to the Secretary of Health, the

 5  Governor, the President of the Senate, and the Speaker of the

 6  House of Representatives.

 7         (c)  The budget adopted by the state for the regulation

 8  of dental professionals shall reflect the board's ability to

 9  obtain support services from sources other than the department

10  and shall include separate line items to cover the revenue and

11  expenses of the board as specified in paragraph (a) and

12  separate line items to cover the revenue and expenses of the

13  department in connection with its rendering of support

14  services to the board as specified in paragraph (b).

15         (d)  The board shall have budget authority over all

16  revenue and expenses authorized to be incurred by it, and the

17  department shall have budget authority over all revenue and

18  expenses authorized to be incurred by it on behalf of the

19  board. All revenues collected and all expenses incurred by the

20  department on behalf of the board shall be reported and duly

21  accounted to the board on a quarterly basis. Funds collected

22  on behalf of the board by the department shall not be

23  commingled with funds collected by the department from other

24  regulatory sources not affiliated with the regulation of

25  dental professionals, and the allocation of common expenses

26  borne by the department on behalf of all boards shall be

27  annually reported to the board in terms of cost and the total

28  number of outstanding licenses for all professions whose

29  boards receive support services from the department. The

30  department shall maintain separate revenue and expense

31  accounts for each regulatory board under its support

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    Florida Senate - 2003                                  SB 2144
    4-1116-03                                           See HB 931




 1  jurisdiction. Except as provided by law, no funds may be

 2  expended from the account of a profession regulated by the

 3  department to pay for the expenses incurred on behalf of

 4  another profession regulated by the department.

 5         (7)  The department and the board shall each

 6  independently submit a report to the Governor, the President

 7  of the Senate, and the Speaker of the House of Representatives

 8  prior to January 1 of each year through 2008 on the

 9  effectiveness and efficiency of this section, including:

10         (a)  The revenues, expenditures, and cash balances for

11  the prior fiscal year and a review of the adequacy of existing

12  revenues.

13         (b)  The nature and extent of support services provided

14  to the board by the department and from vendors other than the

15  department.

16         (c)  The number of licensure examinations taken and the

17  number of licenses issued, revoked, or suspended.

18         (d)  The fees collected for licensure examination.

19         (e)  The number and location of disciplinary complaints

20  by complaints received, verified, determined to be legally

21  sufficient, investigated, referred to the board's probable

22  cause panel, prosecuted, subject to final board action, and

23  appealed; the number and maximum and average durations of

24  licenses suspended; the number of licenses revoked; the number

25  of cases spanning more than 180 days, 270 days, or 365 days,

26  respectively, from receipt of a legally sufficient complaint

27  to submission to the board's probable cause panel; the

28  proportion of cases that were eligible for, and the number of

29  cases actually resolved by, citation; the proportion of cases

30  in which probable cause was found; the number of cases in

31  which probable cause was found that were not prosecuted or

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    Florida Senate - 2003                                  SB 2144
    4-1116-03                                           See HB 931




 1  that did not result in a stipulated agreement; the number of

 2  cases involving a stipulated agreement; the number of cases

 3  involving a stipulated agreement that was changed by the board

 4  and the number of cases involving a stipulated agreement that

 5  was rejected by the board; the number of cases taking in

 6  excess of 1 year, 2 years, or 3 years, respectively, from the

 7  date of receipt of a legally sufficient complaint to final

 8  board action; the number of cases involving a formal hearing;

 9  the status of all cases appealed; the number of cases in which

10  licensure suspension or revocation has been stayed pending

11  appeal; the number of emergency suspension orders issued; the

12  average and maximum ranges of costs of complaint

13  investigations and prosecutions; and the amount of fines and

14  expenses collected by types of cases prosecuted.

15         (f)  The status of the development and implementation

16  of rules providing for disciplinary guidelines pursuant to s.

17  456.079.

18         (g)  Such recommendations for administrative and

19  statutory changes as are necessary to facilitate efficient and

20  cost-effective operation of the board and the department.

21         Section 2.  This act shall take effect October 1, 2003.

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