Florida Senate - 2017                       CS for CS for SB 582
       
       
        
       By the Committees on Judiciary; and Regulated Industries; and
       Senator Latvala
       
       
       
       
       590-02995-17                                           2017582c2
    1                        A bill to be entitled                      
    2         An act relating to regulatory boards; amending ss.
    3         455.203, 456.004, and 497.103, F.S.; requiring the
    4         Department of Business and Professional Regulation,
    5         the Department of Health, and the Department of
    6         Financial Services, respectively, to determine whether
    7         final board decisions constitute certain
    8         anticompetitive conduct; requiring the departments to
    9         review final board decisions for anticompetitive
   10         conduct and issue orders approving, modifying, or
   11         voiding each decision; specifying that the
   12         departments’ anticompetitive review constitutes a
   13         limited legal review and its resulting determination
   14         is not subject to legal challenge; specifying actions
   15         that are considered final board decisions; requiring
   16         that legal costs for defense of antitrust actions and
   17         financial damages be paid from specified accounts;
   18         providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (11) is added to section 455.203,
   23  Florida Statutes, to read:
   24         455.203 Department; powers and duties.—The department, for
   25  the boards under its jurisdiction, shall:
   26         (11)(a)Determine whether final board decisions constitute
   27  anticompetitive conduct that does not promote state policy, does
   28  not comport with the standards established by the Legislature,
   29  or does not comport with the authority delegated to a board by
   30  the Legislature. The department, by way of departmental
   31  officials who are not active market participants, shall review
   32  each final board decision for anticompetitive conduct and, based
   33  on its findings, shall issue an order constituting state action
   34  approving, modifying, or voiding the decision. The department’s
   35  anticompetitive review constitutes a limited legal review and
   36  its resulting determination is not subject to legal challenge.
   37  For purposes of this paragraph, the term “final board decisions”
   38  includes final orders for disciplinary actions, declaratory
   39  statements, actions concerning unlicensed activity, licensure
   40  application denials, and rulemaking.
   41         (b) Legal costs for defense of antitrust actions brought
   42  against boards or board members shall be paid out of the
   43  Professional Regulation Trust Fund.
   44         Section 2. Subsection (12) is added to section 456.004,
   45  Florida Statutes, to read:
   46         456.004 Department; powers and duties.—The department, for
   47  the professions under its jurisdiction, shall:
   48         (12)(a) Determine whether final board decisions constitute
   49  anticompetitive conduct that does not promote state policy, does
   50  not comport with the standards established by the Legislature,
   51  or does not comport with the authority delegated to a board by
   52  the Legislature. The department, by way of departmental
   53  officials who are not active market participants, shall review
   54  each final board decision for anticompetitive conduct and, based
   55  on its findings, shall issue an order constituting state action
   56  approving, modifying, or voiding the decision. The department’s
   57  anticompetitive review constitutes a limited legal review and
   58  its resulting determination is not subject to legal challenge.
   59  For purposes of this paragraph, the term “final board decisions”
   60  includes final orders for disciplinary actions, declaratory
   61  statements, actions concerning unlicensed activity, licensure
   62  application denials, and rulemaking.
   63         (b) Legal costs for defense of antitrust actions brought
   64  against boards or board members shall be paid out of the Medical
   65  Quality Assurance Trust Fund.
   66         Section 3. Paragraph (e) is added to subsection (7) of
   67  section 497.103, Florida Statutes, to read:
   68         497.103 Authority of board and department; Chief Financial
   69  Officer recommendations.—
   70         (7) ACTIONS BY BOARD AND DEPARTMENT.—
   71         (e)1.The department shall determine whether final board
   72  decisions constitute anticompetitive conduct that does not
   73  promote state policy, does not comport with the standards
   74  established by the Legislature, or does not comport with the
   75  authority delegated to a board by the Legislature. The
   76  department, by way of departmental officials who are not active
   77  market participants, shall review each final board decision for
   78  anticompetitive conduct and, based on its findings, shall issue
   79  an order constituting state action approving, modifying, or
   80  voiding the decision. The department’s anticompetitive review
   81  constitutes a limited legal review and its resulting
   82  determination is not subject to legal challenge. For purposes of
   83  this paragraph, the term “final board decisions” includes final
   84  orders for disciplinary actions, declaratory statements, actions
   85  concerning unlicensed activity, licensure application denials,
   86  and rulemaking.
   87         2. Legal costs for defense of antitrust actions brought
   88  against boards or board members shall be paid out of the
   89  Regulatory Trust Fund.
   90         Section 4. This act shall take effect upon becoming a law.