| 1 | A bill to be entitled |
| 2 | An act relating to the Department of Business and |
| 3 | Professional Regulation; amending s. 20.165, F.S.; |
| 4 | establishing the Division of Service Operations within the |
| 5 | department; amending s. 455.217, F.S.; transferring |
| 6 | certain duties of the Division of Technology relating to |
| 7 | examinations to the Division of Service Operations; |
| 8 | requiring the department to use outside qualified testing |
| 9 | vendors under certain conditions; deleting a requirement |
| 10 | that the appropriate board approve the department's use of |
| 11 | professional testing services; amending s. 509.233, F.S.; |
| 12 | authorizing local governments to establish, by ordinance, |
| 13 | local exemption procedures to allow patrons' dogs within |
| 14 | certain designated outdoor portions of public food service |
| 15 | establishments; deleting provisions for a pilot program |
| 16 | that limits the authority for such local exemption |
| 17 | procedures to a specified time; deleting a provision that |
| 18 | provides for the future review and repeal of such pilot |
| 19 | program; providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Paragraph (k) is added to subsection (2) of |
| 24 | section 20.165, Florida Statutes, to read: |
| 25 | 20.165 Department of Business and Professional |
| 26 | Regulation.--There is created a Department of Business and |
| 27 | Professional Regulation. |
| 28 | (2) The following divisions of the Department of Business |
| 29 | and Professional Regulation are established: |
| 30 | (k) Division of Service Operations. |
| 31 | Section 2. Subsection (1) of section 455.217, Florida |
| 32 | Statutes, is amended to read: |
| 33 | 455.217 Examinations.--This section shall be read in |
| 34 | conjunction with the appropriate practice act associated with |
| 35 | each regulated profession under this chapter. |
| 36 | (1) The Division of Service Operations Technology of the |
| 37 | Department of Business and Professional Regulation shall |
| 38 | provide, contract, or approve services for the development, |
| 39 | preparation, administration, scoring, score reporting, and |
| 40 | evaluation of all examinations. The division shall seek the |
| 41 | advice of the appropriate board in providing such services. |
| 42 | (a) The department, acting in conjunction with the |
| 43 | Division of Service Operations Technology and the Division of |
| 44 | Real Estate, as appropriate, shall ensure that examinations |
| 45 | adequately and reliably measure an applicant's ability to |
| 46 | practice the profession regulated by the department. After an |
| 47 | examination developed or approved by the department has been |
| 48 | administered, the board or department may reject any question |
| 49 | which does not reliably measure the general areas of competency |
| 50 | specified in the rules of the board or department, when there is |
| 51 | no board. The department shall use outside qualified |
| 52 | professional testing vendors services for the development, |
| 53 | preparation, and evaluation of examinations, when the use of |
| 54 | such vendors is economically and viably services are available |
| 55 | and approved by the board. |
| 56 | (b) For each examination developed by the department or |
| 57 | contracted vendor, to the extent not otherwise specified by |
| 58 | statute, the board or the department when there is no board, |
| 59 | shall by rule specify the general areas of competency to be |
| 60 | covered by the examination, the relative weight to be assigned |
| 61 | in grading each area tested, the score necessary to achieve a |
| 62 | passing grade, and the fees, where applicable, to cover the |
| 63 | actual cost for any purchase, development, and administration of |
| 64 | the required examination. However, statutory fee caps in each |
| 65 | practice act shall apply. This subsection does not apply to |
| 66 | national examinations approved and administered pursuant to |
| 67 | paragraph (d). |
| 68 | (c) If a practical examination is deemed to be necessary, |
| 69 | rules shall specify the criteria by which examiners are to be |
| 70 | selected, the grading criteria to be used by the examiner, the |
| 71 | relative weight to be assigned in grading each criterion, and |
| 72 | the score necessary to achieve a passing grade. When a mandatory |
| 73 | standardization exercise for a practical examination is required |
| 74 | by law, the board may conduct such exercise. Therefore, board |
| 75 | members may serve as examiners at a practical examination with |
| 76 | the consent of the board. |
| 77 | (d) A board, or the department when there is no board, may |
| 78 | approve by rule the use of any national examination which the |
| 79 | department has certified as meeting requirements of national |
| 80 | examinations and generally accepted testing standards pursuant |
| 81 | to department rules. Providers of examinations, which may be |
| 82 | either profit or nonprofit entities, seeking certification by |
| 83 | the department shall pay the actual costs incurred by the |
| 84 | department in making a determination regarding the |
| 85 | certification. The department shall use any national examination |
| 86 | which is available, certified by the department, and approved by |
| 87 | the board. The name and number of a candidate may be provided to |
| 88 | a national contractor for the limited purpose of preparing the |
| 89 | grade tape and information to be returned to the board or |
| 90 | department or, to the extent otherwise specified by rule, the |
| 91 | candidate may apply directly to the vendor of the national |
| 92 | examination. The department may delegate to the board the duty |
| 93 | to provide and administer the examination. Any national |
| 94 | examination approved by a board, or the department when there is |
| 95 | no board, prior to October 1, 1997, is deemed certified under |
| 96 | this paragraph. Any licensing or certification examination that |
| 97 | is not developed or administered by the department in-house or |
| 98 | provided as a national examination shall be competitively bid. |
| 99 | (e) The department shall adopt rules regarding the |
| 100 | security and monitoring of examinations. In order to maintain |
| 101 | the security of examinations, the department may employ the |
| 102 | procedures set forth in s. 455.228 to seek fines and injunctive |
| 103 | relief against an examinee who violates the provisions of s. |
| 104 | 455.2175 or the rules adopted pursuant to this paragraph. The |
| 105 | department, or any agent thereof, may, for the purposes of |
| 106 | investigation, confiscate any written, photographic, or |
| 107 | recording material or device in the possession of the examinee |
| 108 | at the examination site which the department deems necessary to |
| 109 | enforce such provisions or rules. |
| 110 | (f) If the professional board with jurisdiction over an |
| 111 | examination concurs, the department may, for a fee, share with |
| 112 | any other state's licensing authority an examination developed |
| 113 | by or for the department unless prohibited by a contract entered |
| 114 | into by the department for development or purchase of the |
| 115 | examination. The department, with the concurrence of the |
| 116 | appropriate board, shall establish guidelines that ensure |
| 117 | security of a shared exam and shall require that any other |
| 118 | state's licensing authority comply with those guidelines. Those |
| 119 | guidelines shall be approved by the appropriate professional |
| 120 | board. All fees paid by the user shall be applied to the |
| 121 | department's examination and development program for professions |
| 122 | regulated by this chapter. All fees paid by the user for |
| 123 | professions not regulated by this chapter shall be applied to |
| 124 | offset the fees for the development and administration of that |
| 125 | profession's examination. If both a written and a practical |
| 126 | examination are given, an applicant shall be required to retake |
| 127 | only the portion of the examination for which he or she failed |
| 128 | to achieve a passing grade, if he or she successfully passes |
| 129 | that portion within a reasonable time of his or her passing the |
| 130 | other portion. |
| 131 | Section 3. Section 509.233, Florida Statutes, is amended |
| 132 | to read: |
| 133 | 509.233 Public food service establishment requirements; |
| 134 | local exemption for dogs in designated outdoor portions; pilot |
| 135 | program.-- |
| 136 | (1) INTENT.--It is the intent of the Legislature by this |
| 137 | section to establish a 3-year pilot program for local |
| 138 | governments to allow patrons' dogs within certain designated |
| 139 | outdoor portions of public food service establishments. |
| 140 | (1)(2) LOCAL EXEMPTION AUTHORIZED.--Notwithstanding s. |
| 141 | 509.032(7), the governing body of a local government may |
| 142 | participating in the pilot program is authorized to establish, |
| 143 | by ordinance, a local exemption procedure to certain provisions |
| 144 | of the Food and Drug Administration Food Code, as currently |
| 145 | adopted by the division, in order to allow patrons' dogs within |
| 146 | certain designated outdoor portions of public food service |
| 147 | establishments. |
| 148 | (2)(3) LOCAL DISCRETION; CODIFICATION.-- |
| 149 | (a) The adoption of the local exemption procedure shall be |
| 150 | at the sole discretion of the governing body of a participating |
| 151 | local government. Nothing in this section shall be construed to |
| 152 | require or compel a local governing body to adopt an ordinance |
| 153 | pursuant to this section. |
| 154 | (b) Any ordinance adopted pursuant to this section shall |
| 155 | provide for codification within the land development code of a |
| 156 | participating local government. |
| 157 | (3)(4) LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.-- |
| 158 | (a) Any local exemption procedure adopted pursuant to this |
| 159 | section shall only provide a variance to those portions of the |
| 160 | currently adopted Food and Drug Administration Food Code in |
| 161 | order to allow patrons' dogs within certain designated outdoor |
| 162 | portions of public food service establishments. |
| 163 | (b) In order to protect the health, safety, and general |
| 164 | welfare of the public, the local exemption procedure shall |
| 165 | require participating public food service establishments to |
| 166 | apply for and receive a permit from the governing body of the |
| 167 | local government before allowing patrons' dogs on their |
| 168 | premises. The local government shall require from the applicant |
| 169 | such information as the local government deems reasonably |
| 170 | necessary to enforce the provisions of this section, but shall |
| 171 | require, at a minimum, the following information: |
| 172 | 1. The name, location, and mailing address of the public |
| 173 | food service establishment. |
| 174 | 2. The name, mailing address, and telephone contact |
| 175 | information of the permit applicant. |
| 176 | 3. A diagram and description of the outdoor area to be |
| 177 | designated as available to patrons' dogs, including dimensions |
| 178 | of the designated area; a depiction of the number and placement |
| 179 | of tables, chairs, and restaurant equipment, if any; the |
| 180 | entryways and exits to the designated outdoor area; the |
| 181 | boundaries of the designated area and of other areas of outdoor |
| 182 | dining not available for patrons' dogs; any fences or other |
| 183 | barriers; surrounding property lines and public rights-of-way, |
| 184 | including sidewalks and common pathways; and such other |
| 185 | information reasonably required by the permitting authority. The |
| 186 | diagram or plan shall be accurate and to scale but need not be |
| 187 | prepared by a licensed design professional. |
| 188 | 4. A description of the days of the week and hours of |
| 189 | operation that patrons' dogs will be permitted in the designated |
| 190 | outdoor area. |
| 191 | (c) In order to protect the health, safety, and general |
| 192 | welfare of the public, the local exemption ordinance shall |
| 193 | include such regulations and limitations as deemed necessary by |
| 194 | the participating local government and shall include, but not be |
| 195 | limited to, the following requirements: |
| 196 | 1. All public food service establishment employees shall |
| 197 | wash their hands promptly after touching, petting, or otherwise |
| 198 | handling dogs. Employees shall be prohibited from touching, |
| 199 | petting, or otherwise handling dogs while serving food or |
| 200 | beverages or handling tableware or before entering other parts |
| 201 | of the public food service establishment. |
| 202 | 2. Patrons in a designated outdoor area shall be advised |
| 203 | that they should wash their hands before eating. Waterless hand |
| 204 | sanitizer shall be provided at all tables in the designated |
| 205 | outdoor area. |
| 206 | 3. Employees and patrons shall be instructed that they |
| 207 | shall not allow dogs to come into contact with serving dishes, |
| 208 | utensils, tableware, linens, paper products, or any other items |
| 209 | involved in food service operations. |
| 210 | 4. Patrons shall keep their dogs on a leash at all times |
| 211 | and shall keep their dogs under reasonable control. |
| 212 | 5. Dogs shall not be allowed on chairs, tables, or other |
| 213 | furnishings. |
| 214 | 6. All table and chair surfaces shall be cleaned and |
| 215 | sanitized with an approved product between seating of patrons. |
| 216 | Spilled food and drink shall be removed from the floor or ground |
| 217 | between seating of patrons. |
| 218 | 7. Accidents involving dog waste shall be cleaned |
| 219 | immediately and the area sanitized with an approved product. A |
| 220 | kit with the appropriate materials for this purpose shall be |
| 221 | kept near the designated outdoor area. |
| 222 | 8. A sign or signs reminding employees of the applicable |
| 223 | rules shall be posted on premises in a manner and place as |
| 224 | determined by the local permitting authority. |
| 225 | 9. A sign or signs reminding patrons of the applicable |
| 226 | rules shall be posted on premises in a manner and place as |
| 227 | determined by the local permitting authority. |
| 228 | 10. A sign or signs shall be posted in a manner and place |
| 229 | as determined by the local permitting authority that places the |
| 230 | public on notice that the designated outdoor area is available |
| 231 | for the use of patrons and patrons' dogs. |
| 232 | 11. Dogs shall not be permitted to travel through indoor |
| 233 | or nondesignated outdoor portions of the public food service |
| 234 | establishment, and ingress and egress to the designated outdoor |
| 235 | portions of the public food service establishment must not |
| 236 | require entrance into or passage through any indoor area of the |
| 237 | food establishment. |
| 238 | (d) A permit issued pursuant to this section shall not be |
| 239 | transferred to a subsequent owner upon the sale of a public food |
| 240 | service establishment but shall expire automatically upon the |
| 241 | sale of the establishment. The subsequent owner shall be |
| 242 | required to reapply for a permit pursuant to this section if the |
| 243 | subsequent owner wishes to continue to accommodate patrons' |
| 244 | dogs. |
| 245 | (4)(5) POWERS; ENFORCEMENT.--Participating local |
| 246 | governments shall have such powers as are reasonably necessary |
| 247 | to regulate and enforce the provisions of this section. |
| 248 | (5)(6) STATE AND LOCAL COOPERATION.--The division shall |
| 249 | provide reasonable assistance to participating local governments |
| 250 | in the development of enforcement procedures and regulations, |
| 251 | and participating local governments shall monitor permitholders |
| 252 | for compliance in cooperation with the division. At a minimum, |
| 253 | participating local governments shall establish a procedure to |
| 254 | accept, document, and respond to complaints and to timely report |
| 255 | to the division all such complaints and the participating local |
| 256 | governments' enforcement responses to such complaints. A |
| 257 | participating local government shall provide the division with a |
| 258 | copy of all approved applications and permits issued, and the |
| 259 | participating local government shall require that all |
| 260 | applications, permits, and other related materials contain the |
| 261 | appropriate division-issued license number for each public food |
| 262 | service establishment. |
| 263 | (7) FUTURE REVIEW AND REPEAL.--This section shall expire |
| 264 | July 1, 2009, unless reviewed and saved from repeal through |
| 265 | reenactment by the Legislature. |
| 266 | Section 4. This act shall take effect July 1, 2009. |