Proposed Committee Substitute by the General Government

Appropriations

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A bill to be entitled

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An act relating to the Department of Business and

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Professional Regulation; amending s. 455.2281, F.S.;

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authorizing the department to set by rule the fees paid

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annually by professions regulated by the department;

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limiting the amount of such fees; authorizing the

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department to adopt rules to waive the unlicensed

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activity special fee if certain accounts have an excess

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balance; amending s. 548.035, F.S.; revising the amount

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of the permit fee charged for pugilistic exhibition

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events; amending s. 718.501, F.S.; authorizing the

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department to set by rule the fees paid annually by

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condominium associations; limiting the amount of such

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fees; amending s. 719.501, F.S.; authorizing the

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department to set by rule the fees paid annually by

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cooperative associations; limiting the amount of such

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fees; amending s. 721.27, F.S.; authorizing the

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department to set by rule the fees paid annually by

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timeshare plans; limiting the amount of such fees;

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amending s. 509.032, F.S.; deleting a provision

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requiring that the division provide certain assistance

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to the State Fire Marshal; deleting a provision

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requiring that the division provide technical

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assistance to the Florida Building Commission when

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updating the construction standards of the Florida Fire

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Prevention Code; deleting a provision requiring that

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the division enforce certain provisions of the Florida

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Fire Prevention Code; providing an effective date.

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

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     Section 1.  Section 455.2281, Florida Statutes, is amended

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to read:

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     455.2281  Unlicensed activities; fees; disposition.--In

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order to protect the public and to ensure a consumer-oriented

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department, it is the intent of the Legislature that vigorous

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enforcement of regulation for all professional activities is a

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state priority. All enforcement costs should be covered by

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professions regulated by the department. Therefore, the

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department may shall impose, upon initial licensure and each

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renewal thereof, a special fee not to exceed of $5 per licensee.

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Such fee shall be set by department rule for each profession and

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shall be in addition to all other fees collected from each

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licensee and shall fund efforts to combat unlicensed activity.

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Any profession regulated by the department which offers services

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that are not subject to regulation when provided by an unlicensed

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person may use funds in its unlicensed activity account to inform

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the public of such situation. The board with concurrence of the

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department, or the department when there is no board, may earmark

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up to $5 of the current licensure fee for this purpose, if such

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board, or profession regulated by the department, is not in a

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deficit and has a reasonable cash balance. A board or profession

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regulated by the department may authorize the transfer of funds

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from the operating fund account to the unlicensed activity

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account of that profession if the operating fund account is not

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in a deficit and has a reasonable cash balance. The department

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may adopt rules to waive the unlicensed activity special fee for

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a period not to exceed 2 years if both the operating account and

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the unlicensed activity account have an excess cash balance. The

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department shall make direct charges to this fund by profession

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and shall not allocate indirect overhead. The department shall

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seek board advice regarding enforcement methods and strategies

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prior to expenditure of funds; however, the department may,

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without board advice, allocate funds to cover the costs of

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continuing education compliance monitoring under s. 455.2177. The

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department shall directly credit, by profession, revenues

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received from the department's efforts to enforce licensure

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provisions. The department shall include all financial and

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statistical data resulting from unlicensed activity enforcement

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and from continuing education compliance monitoring as separate

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categories in the quarterly management report provided for in s.

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455.219. The department shall not charge the account of any

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profession for the costs incurred on behalf of any other

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profession. For an unlicensed activity account, a balance which

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remains at the end of a renewal cycle may, with concurrence of

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the applicable board and the department, be transferred to the

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operating fund account of that profession.

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     Section 2.  Section 548.035, Florida Statutes, is amended to

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read:

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     548.035  Permit fees.--

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     (1) The commission shall set permit fees for professional

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matches at $1,800 per event. based on seating capacity of the

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premises where the program is to be presented as follows:

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     (a) If the seating capacity is less than 2,000 persons, the

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fee shall not exceed $50.

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     (b) If the seating capacity is 2,000 persons or more but

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does not exceed 5,000 persons, the fee shall not exceed $100.

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     (c) If the seating capacity exceeds 5,000 persons, the fee

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shall not exceed $250.

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     (2) For mixed martial arts matches, the commission shall

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require a minimum fee of $5,000 per event. For purposes of this

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section, an "event" is one or more matches comprising a show.

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     Section 3.  Paragraph (a) of subsection (2) of section

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718.501, Florida Statutes, is amended to read:

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     718.501  Powers and duties of Division of Florida Land

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Sales, Condominiums, and Mobile Homes.--

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     (2)(a) The department, by rule, may set fees to be paid

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annually by Effective January 1, 1992, each condominium

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association that which operates more than two units. Such fees

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may not exceed shall pay to the division an annual fee in the

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amount of $4 for each residential unit in condominiums operated

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by the association. If the assessed fee is not paid by March 1,

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then the association shall be assessed a penalty of 10 percent of

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the amount due, and the association will not have standing to

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maintain or defend any action in the courts of this state until

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the amount due, plus any penalty, is paid.

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     Section 4.  Paragraph (a) of subsection (2) of section

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719.501, Florida Statutes, is amended to read:

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     719.501  Powers and duties of Division of Florida Land

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Sales, Condominiums, and Mobile Homes.--

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     (2)(a) The department, by rule, may set fees to be paid

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annually by each cooperative association shall pay to the

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division, on or before January 1 of each year., An annual fee may

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not exceed in the amount of $4 for each residential unit in

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cooperatives operated by the association. If the assessed fee is

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not paid by March 1, then the association shall be assessed a

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penalty of 10 percent of the amount due, and the association

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shall not have the standing to maintain or defend any action in

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the courts of this state until the amount due is paid.

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     Section 5.  Section 721.27, Florida Statutes, is amended to

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read:

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     721.27  Annual fee for each timeshare unit in plan.--On

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January 1 of each year, each managing entity of a timeshare plan

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located in this state shall collect as a common expense and pay

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to the division an annual fee to be set by rule, not to exceed of

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$2 for each 7 days of annual use availability that exist within

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the timeshare plan at that time, and subject to any limitations

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on the amount of such annual fee pursuant to s. 721.58. If any

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portion of the annual fee is not paid by March 1, the managing

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entity may be assessed a penalty pursuant to s. 721.26.

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     Section 6.  Paragraph (d) of subsection (2) of section

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509.032, Florida Statutes, is amended to read:

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     509.032  Duties.--

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     (2)  INSPECTION OF PREMISES.--

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     (d)  The division shall adopt and enforce sanitation rules

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consistent with law to ensure the protection of the public from

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food-borne illness in those establishments licensed under this

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chapter. These rules shall provide the standards and requirements

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for obtaining, storing, preparing, processing, serving, or

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displaying food in public food service establishments, approving

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public food service establishment facility plans, conducting

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necessary public food service establishment inspections for

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compliance with sanitation regulations, cooperating and

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coordinating with the Department of Health in epidemiological

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investigations, and initiating enforcement actions, and for other

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such responsibilities deemed necessary by the division. The

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division may not establish by rule any regulation governing the

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design, construction, erection, alteration, modification, repair,

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or demolition of any public lodging or public food service

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establishment. It is the intent of the Legislature to preempt

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that function to the Florida Building Commission and the State

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Fire Marshal through adoption and maintenance of the Florida

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Building Code and the Florida Fire Prevention Code. The division

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shall provide technical assistance to the commission and the

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State Fire Marshal in updating the construction standards of the

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Florida Building Code and the Florida Fire Prevention Code which

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govern public lodging and public food service establishments.

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Further, the division shall enforce the provisions of the Florida

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Building Code and the Florida Fire Prevention Code which apply to

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public lodging and public food service establishments in

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conducting any inspections authorized by this part.

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     Section 7.  This act shall take effect July 1, 2008.