Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 582
       
       
       
       
       
       
                                Ì686042ÈÎ686042                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/28/2017           .                                
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       The Committee on Judiciary (Latvala) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 31 - 96
    4  and insert:
    5  the Legislature. The department, by way of departmental
    6  officials who are not active market participants, shall review
    7  each final board decision for anticompetitive conduct and, based
    8  on its findings, shall issue an order constituting state action
    9  approving, modifying, or voiding the decision. The department’s
   10  anticompetitive review constitutes a limited legal review and
   11  its resulting determination is not subject to legal challenge.
   12  For purposes of this paragraph, the term “final board decisions”
   13  includes final orders for disciplinary actions, declaratory
   14  statements, actions concerning unlicensed activity, licensure
   15  application denials, and rulemaking.
   16         (b) Legal costs for defense of antitrust actions brought
   17  against boards or board members shall be paid out of the
   18  Professional Regulation Trust Fund.
   19         Section 2. Subsection (12) is added to section 456.004,
   20  Florida Statutes, to read:
   21         456.004 Department; powers and duties.—The department, for
   22  the professions under its jurisdiction, shall:
   23         (12)(a) Determine whether final board decisions constitute
   24  anticompetitive conduct that does not promote state policy, does
   25  not comport with the standards established by the Legislature,
   26  or does not comport with the authority delegated to a board by
   27  the Legislature. The department, by way of departmental
   28  officials who are not active market participants, shall review
   29  each final board decision for anticompetitive conduct and, based
   30  on its findings, shall issue an order constituting state action
   31  approving, modifying, or voiding the decision. The department’s
   32  anticompetitive review constitutes a limited legal review and
   33  its resulting determination is not subject to legal challenge.
   34  For purposes of this paragraph, the term “final board decisions”
   35  includes final orders for disciplinary actions, declaratory
   36  statements, actions concerning unlicensed activity, licensure
   37  application denials, and rulemaking.
   38         (b) Legal costs for defense of antitrust actions brought
   39  against boards or board members shall be paid out of the Medical
   40  Quality Assurance Trust Fund.
   41         Section 3. Paragraph (e) is added to subsection (7) of
   42  section 497.103, Florida Statutes, to read:
   43         497.103 Authority of board and department; Chief Financial
   44  Officer recommendations.—
   45         (7) ACTIONS BY BOARD AND DEPARTMENT.—
   46         (e)1. The department shall determine whether final board
   47  decisions constitute anticompetitive conduct that does not
   48  promote state policy, does not comport with the standards
   49  established by the Legislature, or does not comport with the
   50  authority delegated to a board by the Legislature. The
   51  department, by way of departmental officials who are not active
   52  market participants, shall review each final board decision for
   53  anticompetitive conduct and, based on its findings, shall issue
   54  an order constituting state action approving, modifying, or
   55  voiding the decision. The department’s anticompetitive review
   56  constitutes a limited legal review and its resulting
   57  determination is not subject to legal challenge. For purposes of
   58  this paragraph, the term “final board decisions” includes final
   59  orders for disciplinary actions, declaratory statements, actions
   60  concerning unlicensed activity, licensure application denials,
   61  and rulemaking.
   62         2. Legal costs for defense of antitrust actions brought
   63  against boards or board members shall be paid out of the
   64  Regulatory Trust Fund.
   65  
   66  ================= T I T L E  A M E N D M E N T ================
   67  And the title is amended as follows:
   68         Delete lines 11 - 18
   69  and insert:
   70         voiding each decision; specifying that the
   71         departments’ anticompetitive review constitutes a
   72         limited legal review and its resulting determination
   73         is not subject to legal challenge; specifying actions
   74         that are considered final board decisions; requiring
   75         that legal costs for defense of antitrust actions and
   76         financial damages be paid from specified accounts;
   77         providing