HB 0851CS

CHAMBER ACTION



1The Committee on Business Regulation recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to regulation of professions under the
7Department of Business and Professional Regulation;
8amending s. 455.32, F.S.; revising the Management
9Privatization Act; providing definitions; authorizing the
10department, pursuant to board, commission, or council
11request, to establish and contract with a nonprofit
12corporation to perform support services specified pursuant
13to contract for the applicable profession; requiring
14development of a business case subject to executive and
15legislative approval; providing corporation organization,
16powers, duties, and staff; authorizing per diem and
17reimbursement for travel expenses; requiring adherence to
18the code of ethics for public officers and employees;
19providing sovereign immunity; providing for corporation
20boards of directors and for contract managers; providing
21contract requirements; establishing financing, reporting,
22recordkeeping, and audit requirements; providing for
23quarterly assessment and annual certification of contract
24compliance; providing requirements in the event any
25provision of the section is held unconstitutional;
26amending s. 455.2177, F.S.; revising requirements for the
27monitoring of continuing education compliance; removing
28provisions relating to privatization and dispute
29resolution; revising penalties for failure to comply with
30continuing education requirements; revising requirements
31for waiver of such monitoring; providing rulemaking
32authority; amending s. 455.2178, F.S.; revising reporting
33requirements for continuing education providers; removing
34provisions relating to private vendors; revising penalties
35for noncompliant continuing education providers; providing
36for conduct of investigations and prosecutions of
37noncompliant continuing education providers; providing
38rulemaking authority; amending s. 455.2179, F.S.; revising
39continuing education provider and course approval
40procedures; revising penalties for failing to teach
41approved course content; providing for conduct of
42investigations and prosecutions of noncompliant continuing
43education providers; providing rulemaking authority;
44amending s. 455.2281, F.S., relating to unlicensed
45activities; removing a cross reference to conform;
46amending s. 481.205, F.S., relating to the Board of
47Architecture and Interior Design; removing a cross
48reference to conform; providing an effective date.
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  Section 455.32, Florida Statutes, is amended to
53read:
54     (Substantial rewording of section. See
55     s. 455.32, F.S., for present text.)
56     455.32  Management Privatization Act.--
57     (1)  This section shall be known by the popular name the
58"Management Privatization Act."
59     (2)  The purpose of this section is to create a model for
60contracting with nonprofit corporations to provide services for
61the regulation of Florida's professionals that will ensure a
62consistent, effective application of regulatory provisions and
63appropriate budgetary oversight to achieve the most efficient
64use of public funds. Nonprofit corporations may be established
65pursuant to this section to provide administrative, examination,
66licensing, investigative, and prosecutorial services to any
67board created within the department pursuant to chapter 20 in
68accordance with the provisions of this chapter and the
69applicable practice act. No additional entities may be created
70to provide these services.
71     (3)  As used in this section, the term:
72     (a)  "Board" means any board, commission, or council
73created within the department pursuant to chapter 20.
74     (b)  "Corporation" means any nonprofit corporation with
75which the department contracts pursuant to subsection (14).
76     (c)  "Department" means the Department of Business and
77Professional Regulation.
78     (d)  "Contract manager" means an employee of the department
79who serves as a liaison between the department, the board, and
80the corporation and is responsible for ensuring that the police
81powers of the state are not exercised by the corporation, while
82also serving as the contract monitor.
83     (e)  "Business case" means a needs assessment, financial
84feasibility study, and corporate financial model as specified in
85subsection (4).
86     (f)  "Performance standards and measurable outcomes" shall
87include, but not be limited to, timeliness and qualitative
88criteria for the activities specified in paragraph (6)(o).
89     (g)  "Secretary" means the Secretary of Business and
90Professional Regulation.
91     (4)  Based upon the request of any board, the department is
92authorized to establish and contract with a nonprofit
93corporation to provide administrative, examination, licensing,
94investigative, and prosecutorial services to that board, in
95accordance with the provisions of this chapter and the
96applicable practice act and as specified in a contract between
97the department and the corporation. The privatization request
98must contain a business case which includes a needs assessment
99and financial feasibility study performed by the board or an
100entity commissioned by a majority vote of the board. The needs
101assessment must contain specific performance standards and
102measurable outcomes and an evaluation of the department's
103current and projected performance in regard to those standards.
104The feasibility study must include the financial status of the
105board for the current fiscal year and the next 2 fiscal years. A
106financial model for the corporation must also be developed which
107includes projected costs and expenses for the first 2 years of
108operation and specific performance standards and measurable
109outcomes. The business case must be approved by the Executive
110Office of the Governor and the Legislative Budget Commission
111prior to the establishment of the nonprofit corporation.
112     (5)  Any such corporation may hire staff as necessary to
113carry out its functions. Such staff are not public employees for
114the purposes of chapter 110 or chapter 112, except that the
115board of directors and the employees of the corporation are
116subject to the provisions of s. 112.061 and part III of chapter
117112. The provisions of s. 768.28 apply to each such corporation,
118which is deemed to be a corporation primarily acting as an
119instrumentality of the state, but which is not an agency within
120the meaning of s. 20.03(11).
121     (6)  Each corporation created to perform the functions
122provided in this section shall:
123     (a)  Be a Florida corporation not for profit, incorporated
124under the provisions of chapter 617.
125     (b)  Provide administrative, examination, licensing,
126investigative, and prosecutorial services to the board, which
127services may include unlicensed activity investigations and
128prosecutions, in accordance with the provisions of this chapter,
129the applicable practice act, and the contract required by this
130section.
131     (c)  Receive, hold, and administer property and make only
132prudent expenditures directly related to the responsibilities of
133the applicable board and in accordance with the contract
134required by this section.
135     (d)  Be approved by the department to operate for the
136benefit of the board and in the best interest of the state.
137     (e)  Operate under a fiscal year that begins on July 1 of
138each year and ends on June 30 of the following year.
139     (f)  Be funded through appropriations allocated to the
140regulation of the relevant profession from the Professional
141Regulation Trust Fund pursuant to s. 455.219.
142     (g)  Have a five-member board of directors, three of whom
143are to be appointed by the applicable board and must be
144licensees regulated by that board and two of whom are to be
145appointed by the secretary and are laypersons not regulated by
146that board. Initially, one member shall be appointed for 2
147years, two members shall be appointed for 3 years, and two
148members shall be appointed for 4 years. One layperson shall be
149appointed to a 3-year term and one layperson shall be appointed
150to a 4-year term. Thereafter, all appointments shall be for 4-
151year terms. No new member shall serve more than two consecutive
152terms. Failure to attend three consecutive meetings shall be
153deemed a resignation from the board of directors, and the
154vacancy shall be filled by a new appointment. No professional
155board member may also serve on the board of directors for the
156corporation.
157     (h)  Select its officers in accordance with its bylaws. The
158members of the board of directors may be removed by the Governor
159for the same reasons that a board member may be removed pursuant
160to s. 455.209.
161     (i)  Select the president of the corporation, who shall
162manage the operations of the corporation, subject to the
163approval of the board.
164     (j)  Use a portion of the interest derived from the
165corporation account to offset the costs associated with the use
166of credit cards for payment of fees by applicants or licensees.
167     (k)  Operate under a written contract with the department.
168     (l)  Provide for an annual financial audit of its financial
169accounts and records by an independent certified public
170accountant. The annual audit report shall include a management
171letter in accordance with s. 11.45 and a detailed supplemental
172schedule of expenditures for each expenditure category. The
173annual audit report must be submitted to the board, the
174department, and the Auditor General for review.
175     (m)  Provide for all employees and nonemployees charged
176with the responsibility of receiving and depositing fee and fine
177revenues to have a faithful performance bond in such an amount
178and according to such terms as shall be determined in the
179contract.
180     (n)  Keep financial and statistical information as
181necessary to completely disclose the financial condition and
182operation of the corporation and as requested by the Office of
183Program Policy Analysis and Government Accountability, the
184Auditor General, and the department.
185     (o)  Submit to the secretary, the board, the President of
186the Senate, and the Speaker of the House of Representatives, on
187or before October 1 of each year, a report describing all of the
188activities of the corporation for the previous fiscal year which
189includes, but is not limited to, information concerning the
190programs and funds that have been transferred to the
191corporation. The report must include:
192     1.  The number of license renewals.
193     2.  The number of license applications received.
194     3.  The number of license applications approved and denied
195and the number of licenses issued.
196     4.  The average time required to issue a license.
197     5.  The number of examinations administered and the number
198of applicants who passed or failed the examination.
199     6.  The number of complaints received.
200     7.  The number of complaints determined to be legally
201sufficient.
202     8.  The number of complaints dismissed.
203     9.  The number of complaints determined to have probable
204cause.
205     10.  The number of administrative complaints issued and the
206status of the complaints.
207     11.  The number and nature of disciplinary actions taken by
208the board.
209     12.  All revenues received and all expenses incurred by the
210corporation during the preceding fiscal year in its performance
211of the duties under the contract.
212     13.  Any audit performed under paragraph (l), including
213financial reports and performance audits.
214     14.  The status of the compliance of the corporation with
215all performance-based program measures adopted by the board.
216     (p)  Meet or exceed the requirements of the business case
217developed by the board and approved by the Executive Office of
218the Governor and the Legislative Budget Commission.
219     (7)  The department shall annually certify that the
220corporation is complying with the terms of the contract in a
221manner consistent with the goals and purposes of the board and
222in the best interest of the state. If the department determines
223the corporation is not compliant with the terms of the contract,
224including performance standards and measurable outcomes, the
225contract may be terminated as provided in paragraph (14)(e).
226     (8)  Nothing in this section shall limit the ability of the
227corporation to enter into contracts and perform all other acts
228incidental to those contracts that are necessary for the
229administration of its affairs and for the attainment of its
230purposes.
231     (9)  The corporation may acquire by lease, and maintain,
232use, and operate, any real or personal property necessary to
233perform the duties provided by the contract and this section.
234     (10)  The corporation may exercise the authority assigned
235to the department or board under this section or the practice
236act of the relevant profession, pursuant to the contract,
237including, but not limited to, initiating disciplinary
238investigations for unlicensed practice of the relevant
239profession. The corporation may make a determination of legal
240sufficiency to begin the investigative process as provided in s.
241455.225. However, the department or the board may not delegate
242to the corporation, by contract or otherwise, the authority for
243determining probable cause to pursue disciplinary action against
244a licensee, taking final action on license actions or on
245disciplinary cases, or adopting administrative rules under
246chapter 120.
247     (11)  The department shall retain the independent authority
248to open, investigate, or prosecute any cases or complaints, as
249necessary to protect the public health, safety, or welfare. In
250addition, the department shall retain sole authority to issue
251emergency suspension or restriction orders pursuant to s. 120.60
252or may delegate concurrent authority for this purpose to the
253relevant professional board.
254     (12)  The corporation is the sole source and depository for
255the records of the board, including all historical information
256and records. The corporation shall maintain those records in
257accordance with the guidelines of the Department of State and
258shall not destroy any records prior to the limits imposed by the
259Department of State.
260     (13)  The board shall provide by rule for the procedures
261the corporation must follow to ensure that all licensure
262examinations are secure while under the responsibility of the
263corporation and that there is an appropriate level of monitoring
264during the licensure examinations.
265     (14)  The contract between the department and the
266corporation must be in compliance with this section and other
267applicable laws. The department shall retain responsibility for
268any duties it currently exercises relating to its police powers
269and any other current duty that is not provided to the
270corporation by contract or this section. The contract shall
271provide, at a minimum, that:
272     (a)  The corporation provide administrative, examination,
273licensing, investigative, and prosecutorial services in
274accordance with the provisions of this section and the practice
275act of the relevant profession. The prosecutorial functions of
276the corporation shall include the authority to pursue
277investigations leading to unlicensed practice complaints, with
278the approval of and at the direction of the relevant
279professional board. With approval of the department and the
280board, the corporation may subcontract for specialized services
281for the investigation and prosecution of unlicensed activity
282pursuant to this chapter. The corporation shall be required to
283report all criminal matters, including unlicensed activity that
284constitutes a crime, to the state attorney for criminal
285prosecution pursuant to s. 455.2277.
286     (b)  The articles of incorporation and bylaws of the
287corporation be approved by the department.
288     (c)  The corporation submit an annual budget for approval
289by the department. If the department's appropriations request
290differs from the budget submitted by the corporation, the
291relevant professional board shall be permitted to authorize the
292inclusion in the appropriations request a comment or statement
293of disagreement with the department's request.
294     (d)  The corporation utilize the department's licensing and
295computerized database system.
296     (e)  The corporation be annually certified by the
297department as complying with the terms of the contract in a
298manner consistent with the goals and purposes of the board and
299in the best interest of the state. As part of the annual
300certification, the department shall make quarterly assessments
301regarding contract compliance by the corporation. The contract
302must also provide for methods and mechanisms to resolve any
303situation in which the assessment and certification process
304determines noncompliance, to include termination.
305     (f)  The department employ a contract manager to actively
306monitor the activities of the corporation to ensure compliance
307with the contract, the provisions of this chapter, and the
308applicable practice act.
309     (g)  The corporation be funded through appropriations
310allocated to the regulation of the relevant profession from the
311Professional Regulation Trust Fund.
312     (h)  If the corporation is no longer approved to operate
313for the board or the board ceases to exist, all moneys, records,
314data, and property held in trust by the corporation for the
315benefit of the board revert to the department, or the state if
316the department ceases to exist. All records and data in a
317computerized database must be returned to the department in a
318form that is compatible with the computerized database of the
319department.
320     (i)  The corporation secure and maintain, during the term
321of the contract and for all acts performed during the term of
322the contract, all liability insurance coverages in an amount to
323be approved by the department to defend, indemnify, and hold
324harmless the corporation and its officers and employees, the
325department and its employees, the board, and the state against
326all claims arising from state and federal laws. Such insurance
327coverage must be with insurers qualified and doing business in
328the state. The corporation must provide proof of insurance to
329the department. The department and its employees, the board, and
330the state are exempt from and are not liable for any sum of
331money which represents a deductible, which sums shall be the
332sole responsibility of the corporation. Violation of this
333paragraph shall be grounds for terminating the contract.
334     (j)  The board, in lieu of the department, retain board
335counsel pursuant to the requirements of s. 455.221; however, the
336corporation, out of its allocated budget, shall pay all costs of
337representation by the board counsel, including salary and
338benefits, travel, and any other compensation traditionally paid
339by the department to other board counsels.
340     (k)  The corporation, out of its allocated budget, pay to
341the department all costs incurred by the corporation or the
342board for the Division of Administrative Hearings of the
343Department of Management Services and any other cost for
344utilization of these state services.
345     (l)  The corporation, out of its allocated budget, pay to
346the department all direct and indirect costs associated with the
347monitoring of the contract, including salary and benefits,
348travel, and other related costs traditionally paid to state
349employees.
350     (m)  The corporation comply with the performance standards
351and measurable outcomes developed by the board and the
352department. The performance standards and measurable outcomes
353must be specified within the contract.
354     (15)  Corporation records are public records subject to the
355provisions of s. 119.07(1) and s. 24(a), Art. I of the State
356Constitution; however, public records exemptions set forth in
357ss. 455.217, 455.225, and 455.229 for records held by the
358department shall apply to records held by the corporation. In
359addition, all meetings of the board of directors are open to the
360public in accordance with s. 286.011 and s. 24(b), Art. I of the
361State Constitution. The department and the board shall have
362access to all records of the corporation as necessary to
363exercise their authority to approve and supervise the contract.
364Both the Auditor General and the Office of Program Policy
365Analysis and Government Accountability shall have access to all
366records of the corporation as necessary to conduct financial and
367operational audits.
368     (16)  If any provision of this section is held to be
369unconstitutional or is held to violate the state or federal
370antitrust laws, the following shall occur:
371     (a)  The corporation shall cease and desist from exercising
372any powers and duties enumerated in this section.
373     (b)  The department shall resume the performance of such
374activities. The department shall regain and receive, hold,
375invest, and administer property and make expenditures for the
376benefit of the board.
377     (c)  The Executive Office of the Governor, notwithstanding
378chapter 216, may reestablish positions, budget authority, and
379salary rate necessary to carry out the department's
380responsibilities related to the board.
381     Section 2.  Section 455.2177, Florida Statutes, is amended
382to read:
383     455.2177  Monitoring of compliance with continuing
384education requirements.--
385     (1)  The department shall establish a system to monitor
386licensee compliance with applicable continuing education
387requirements and to determine each licensee's continuing
388education status. The department is authorized to provide for a
389phase-in of the compliance monitoring system, but the system
390must provide for monitoring of compliance with applicable
391continuing education requirements by all professions regulated
392by the department no later than July 1, 2002. The compliance
393monitoring system may use staff of the department or may be
394privatized. As used in this section, the term "monitor" means
395the act of determining, for each licensee, whether the licensee
396was in full compliance with applicable continuing education
397requirements as of the time of the licensee's license renewal.
398     (2)  If the compliance monitoring system required under
399this section is privatized, the following provisions apply:
400     (a)  The department may contract pursuant to s. 287.057
401with a vendor or vendors for the monitoring of compliance with
402applicable continuing education requirements by all licensees
403within one or more professions regulated by the department. The
404contract shall include, but need not be limited to, the
405following terms and conditions:
406     1.a.  The vendor shall create a computer database, in the
407form required by the department, that includes the continuing
408education status of each licensee and shall provide a report to
409the department within 90 days after the vendor receives the list
410of licensees to be monitored as provided in sub-subparagraph b.
411The report shall be in a format determined by the department and
412shall include each licensee's continuing education status by
413license number, hours of continuing education credit per cycle,
414and such other information the department deems necessary.
415     b.  No later than 30 days after the end of each renewal
416period, the department shall provide to the vendor a list that
417includes all licensees of a particular profession whose licenses
418were renewed during a particular renewal period. In order to
419account for late renewals, the department shall provide the
420vendor with such updates to the list as are mutually determined
421to be necessary.
422     2.a.  Before the vendor informs the department of the
423status of any licensee the vendor has determined is not in
424compliance with continuing education requirements, the vendor,
425acting on behalf of the department, shall provide the licensee
426with a notice stating that the vendor has determined that the
427licensee is not in compliance with applicable continuing
428education requirements. The notice shall also include the
429licensee's continuing education record for the renewal period,
430as shown in the records of the vendor, and a description of the
431process for correcting the vendor's record under sub-
432subparagraph b.
433     b.  The vendor shall give the licensee 45 days to correct
434the vendor's information. The vendor shall correct a record only
435on the basis of evidence of compliance supplied to the vendor by
436a continuing education provider.
437     3.a.  The vendor must provide the department, with the
438report required under subparagraph 1., a list, in a form
439determined by the department, identifying each licensee who the
440vendor has determined is not in compliance with applicable
441continuing education requirements.
442     b.  The vendor shall provide the department with access to
443such information and services as the department deems necessary
444to ensure that the actions of the vendor conform to the contract
445and to the duties of the department and the vendor under this
446subsection.
447     4.  The department shall ensure the vendor access to such
448information from continuing education providers as is necessary
449to determine the continuing education record of each licensee.
450The vendor shall inform the department of any provider that
451fails to provide such information to the vendor.
452     5.  If the vendor fails to comply with a provision of the
453contract, the vendor is obligated to pay the department
454liquidated damages in the amounts specified in the contract.
455     6.  The department's payments to the vendor must be based
456on the number of licensees monitored. The department may
457allocate from the unlicensed activity account of any profession
458under s. 455.2281 up to $2 per licensee for the monitoring of
459that profession's licensees under this subsection, which
460allocations are the exclusive source of funding for contracts
461under this subsection.
462     7.  A continuing education provider is not eligible to be a
463vendor under this subsection.
464     (b)  When it receives notice from a vendor that a licensee
465is not in compliance with continuing education requirements, the
466department shall send the licensee written notice that
467disciplinary actions will be taken, together with a description
468of the remedies available to the licensee under the dispute
469resolution process created under paragraph (c). If a licensee
470does not prevail in the dispute resolution process, the
471department:
472     1.  May impose an administrative fine in the amount of $500
473against the licensee; however, the department may reduce the
474amount of the fine to $250 if the licensee comes into compliance
475with the applicable continuing education requirements within 90
476days after imposition of the original fine. All proceeds of
477fines under this subparagraph shall be deposited in the
478appropriate unlicensed activity account under s. 455.2281.
479     (2)2.  The department may refuse any further renewal of a
480the licensee's license until unless the licensee has paid the
481fine and satisfied all the applicable continuing education
482requirements. This subsection does not preclude the department
483or boards from imposing additional penalties pursuant to the
484applicable practice act or rules adopted pursuant thereto.
485     (c)  The department is authorized to adopt by rule a
486process for the resolution of disputes between a vendor and a
487continuing education provider, between a vendor and a licensee,
488and between a licensee and a continuing education provider. The
489process shall ensure all parties a fair opportunity to correct
490any erroneous information. If the parties are unable to reach an
491agreement, the department shall determine the resolution of the
492dispute.
493     (d)  Upon the failure of a vendor to meet its obligations
494under a contract as provided in paragraph (a), the department
495may suspend the contract and enter into an emergency contract
496under s. 287.057(5).
497     (3)  Notwithstanding any other provision of law to the
498contrary and regardless of whether the compliance monitoring
499system is privatized, neither the department nor a board may
500impose any sanction other than the sanctions specified in
501paragraph (2)(b) for the failure of a licensee to meet
502continuing education requirements. This subsection does not
503apply to actions under chapter 473.
504     (3)(4)  The department may shall waive the continuing
505education monitoring requirements of this section for any
506profession that demonstrates to the department that the
507monitoring system places an undue burden on the profession it
508has a program in place which measures compliance with continuing
509education requirements through statistical sampling techniques
510or other methods and can indicate that at least 95 percent of
511its licensees are in compliance.
512     (4)(5)  The department may is authorized to adopt rules
513pursuant to ss. 120.536(1) and 120.54 to implement this section.
514     Section 3.  Section 455.2178, Florida Statutes, is amended
515to read:
516     455.2178  Continuing education providers.--If the
517monitoring of compliance with continuing education requirements
518is privatized pursuant to s. 455.2177:
519     (1)(a)  The department shall notify each approved
520continuing education provider of the name and address of all
521vendors that monitor compliance of licensees under s. 455.2177.
522If the department contracts with more than one vendor under s.
523455.2177, the notice shall specify the professions to be
524monitored by each vendor.
525     (b)  Each continuing education provider shall provide to
526the department appropriate vendor such information regarding the
527continuing education status of licensees as the department
528determines is necessary for the vendor to carry out its duties
529under s. 455.2177(2), in an electronic format a form determined
530by the department. After a licensee's completion of a course,
531the information must be submitted to the department vendor
532electronically no later than 30 calendar 5 business days
533thereafter or prior to the licensee's renewal date, whichever
534occurs sooner after a licensee's completion of a course. The
535foregoing applies only if the profession has not been granted a
536waiver from the monitoring requirements pursuant to s. 455.2177.
537Upon the request of a licensee, the provider must also furnish
538to the department a vendor information regarding courses
539completed by the licensee.
540     (2)  Each continuing education provider shall retain all
541records relating to a licensee's completion of continuing
542education courses for at least 4 years after completion of a
543course.
544     (3)  A continuing education provider may not be approved,
545and the approval may not be renewed, unless the provider agrees
546in writing to provide such cooperation with vendors under this
547section and s. 455.2177 as the department deems necessary or
548appropriate.
549     (4)  The department may fine, suspend, or immediately
550revoke approval of any continuing education provider that fails
551to comply with its duties under this section. Such fine may not
552exceed $500 per violation. Investigations and prosecutions of a
553provider's failure to comply with its duties under this section
554shall be conducted pursuant to s. 455.225.
555     (5)  For the purpose of determining which persons or
556entities must meet the reporting, recordkeeping, and access
557provisions of this section, the board of any profession subject
558to this section, or the department if there is no board, shall,
559by rule, adopt a definition of the term "continuing education
560provider" applicable to the profession's continuing education
561requirements. The intent of the rule shall be to ensure that all
562records and information necessary to carry out the requirements
563of this section and s. 455.2177 are maintained and transmitted
564accordingly and to minimize disputes as to what person or entity
565is responsible for maintaining and reporting such records and
566information.
567     (6)  The department may has the authority to adopt rules
568pursuant to ss. 120.536(1) and 120.54 to implement this section.
569     Section 4.  Section 455.2179, Florida Statutes, is amended
570to read:
571     455.2179  Continuing education provider and course
572approval; cease and desist orders.--
573     (1)  If a board, or the department if there is no board,
574requires completion of continuing education as a requirement for
575renewal of a license, the board, or the department if there is
576no board, shall approve providers of the continuing education.
577The approval of a continuing education providers and courses
578provider must be for a specified period of time, not to exceed 4
579years. An approval that does not include such a time limitation
580may remain in effect pursuant to the applicable practice act or
581the rules promulgated thereto only until July 1, 2001, unless
582earlier replaced by an approval that includes such a time
583limitation.
584     (2)  The board, or the department if there is no, on its
585own motion or at the request of a board, shall issue an order
586requiring a person or entity to cease and desist from offering
587any continuing education programs for licensees, and fining,
588suspending, or revoking any approval of the provider previously
589granted by the board, or the department if there is no or a
590board, if the board, or the department if there is no or a
591board, determines that the person or entity failed to provide
592appropriate continuing education services that conform to
593approved course material. Such fine may not exceed $500 per
594violation. Investigations and prosecutions of a provider's
595failure to comply with its duties under this section shall be
596conducted pursuant to s. 455.225.
597     (3)  Each board authorized to approve continuing education
598providers, or the department if there is no board, may
599establish, by rule, a fee not to exceed $250 for anyone seeking
600approval to provide continuing education courses and may
601establish, by rule, a biennial fee not to exceed $250 for the
602renewal of providership of such courses. The Florida Real Estate
603Commission, authorized under the provisions of chapter 475 to
604approve prelicensure, precertification, and postlicensure
605education providers, may establish, by rule, an application fee
606not to exceed $250 for anyone seeking approval to offer
607prelicensure, precertification, or postlicensure education
608courses and may establish, by rule, a biennial fee not to exceed
609$250 for the renewal of such courses. Such postlicensure
610education courses shall be subject to the reporting, monitoring,
611and compliance provisions of this section and ss. 455.2177 and
612455.2178.
613     (4)  The department and each affected board may adopt rules
614pursuant to ss. 120.536(1) and 120.54 to implement the
615provisions of this section.
616     Section 5.  Section 455.2281, Florida Statutes, is amended
617to read:
618     455.2281  Unlicensed activities; fees; disposition.--In
619order to protect the public and to ensure a consumer-oriented
620department, it is the intent of the Legislature that vigorous
621enforcement of regulation for all professional activities is a
622state priority. All enforcement costs should be covered by
623professions regulated by the department. Therefore, the
624department shall impose, upon initial licensure and each renewal
625thereof, a special fee of $5 per licensee. Such fee shall be in
626addition to all other fees collected from each licensee and
627shall fund efforts to combat unlicensed activity. Any profession
628regulated by the department which offers services that are not
629subject to regulation when provided by an unlicensed person may
630use funds in its unlicensed activity account to inform the
631public of such situation. The board with concurrence of the
632department, or the department when there is no board, may
633earmark $5 of the current licensure fee for this purpose, if
634such board, or profession regulated by the department, is not in
635a deficit and has a reasonable cash balance. A board or
636profession regulated by the department may authorize the
637transfer of funds from the operating fund account to the
638unlicensed activity account of that profession if the operating
639fund account is not in a deficit and has a reasonable cash
640balance. The department shall make direct charges to this fund
641by profession and shall not allocate indirect overhead. The
642department shall seek board advice regarding enforcement methods
643and strategies prior to expenditure of funds; however, the
644department may, without board advice, allocate funds to cover
645the costs of continuing education compliance monitoring under s.
646455.2177. The department shall directly credit, by profession,
647revenues received from the department's efforts to enforce
648licensure provisions, including revenues received from fines
649collected under s. 455.2177. The department shall include all
650financial and statistical data resulting from unlicensed
651activity enforcement and from continuing education compliance
652monitoring as separate categories in the quarterly management
653report provided for in s. 455.219. The department shall not
654charge the account of any profession for the costs incurred on
655behalf of any other profession. For an unlicensed activity
656account, a balance which remains at the end of a renewal cycle
657may, with concurrence of the applicable board and the
658department, be transferred to the operating fund account of that
659profession.
660     Section 6.  Paragraph (b) of subsection (3) of section
661481.205, Florida Statutes, is amended to read:
662     481.205  Board of Architecture and Interior Design.--
663     (3)
664     (b)  Notwithstanding the provisions of s. 455.32(13), The
665board, in lieu of the department, shall contract with a
666corporation or other business entity pursuant to s. 287.057(3)
667to provide investigative, legal, prosecutorial, and other
668services necessary to perform its duties.
669     Section 7.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.