Bill Text: FL S1672 | 2019 | Regular Session | Introduced
Bill Title: Legislative Review of Proposed Regulation of Unregulated Functions
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-05-03 - Died in Innovation, Industry, and Technology [S1672 Detail]
Download: Florida-2019-S1672-Introduced.html
Florida Senate - 2019 SB 1672 By Senator Perry 8-01755A-19 20191672__ 1 A bill to be entitled 2 An act relating to legislative review of proposed 3 regulation of unregulated functions; amending s. 4 11.62, F.S.; defining terms; providing that certain 5 requirements must be met before the adoption of a 6 regulation of an unregulated profession or occupation 7 or the substantial expansion of regulation of a 8 regulated profession or occupation; requiring the 9 proponents of legislation that proposes such 10 regulation to provide certain information to the state 11 agency proposed to have jurisdiction over the 12 regulation and the Legislature by a certain date; 13 requiring such state agency to provide certain 14 information to the Legislature within a certain time 15 period; providing an exception; revising information 16 that a legislative committee must consider when 17 determining whether a regulation is justified; 18 providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Section 11.62, Florida Statutes, is amended to 23 read: 24 11.62 Legislative review of proposed regulation of 25 unregulated functions.— 26 (1) This section may be cited as the “Sunrise Act.” 27 (2) It is the intent of the Legislature: 28 (a) That no profession or occupation be subject to 29 regulation by the state unless the regulation is necessary to 30 protect the public health, safety, or welfare from significant 31 and discernible harm or damage and that the police power of the 32 state be exercised only to the extent necessary for that 33 purpose; and 34 (b) That no profession or occupation be regulated by the 35 state in a manner that unnecessarily restricts entry into the 36 practice of the profession or occupation or adversely affects 37 the availability of the professional or occupational services to 38 the public. 39 (3) As used in this section, the term: 40 (a) “Substantial expansion of regulation” means to expand 41 the scope of practice for current practitioners of a profession 42 or occupation by regulating an activity that is not regulated by 43 the state. 44 (b) “Transactional costs” means direct costs that are 45 ascertainable based upon standard business practices, including 46 filing fees, license fees, regulatory compliance costs, 47 operating costs, monitoring and reporting costs, and any other 48 costs necessary to comply with the proposed regulation. 49 (4) In determining whether to regulate a profession or 50 occupation, the Legislature shall consider the following 51 factors: 52 (a) Whether the unregulated practice of the profession or 53 occupation will substantially harm or endanger the public 54 health, safety, or welfare, and whether the potential for harm 55 is recognizable and not remote; 56 (b) Whether the practice of the profession or occupation 57 requires specialized skill or training, and whether that skill 58 or training is readily measurable or quantifiable so that 59 examination or training requirements would reasonably assure 60 initial and continuing professional or occupational ability; 61 (c) Whether the regulation will have an unreasonable effect 62 on job creation or job retention in the state or will place 63 unreasonable restrictions on the ability of individuals who seek 64 to practice or who are practicing a given profession or 65 occupation to find employment; 66 (d) Whether the public is or can be effectively protected 67 by other means; and 68 (e) Whether the overall cost-effectiveness and economic 69 impact of the proposed regulation, including the indirect costs 70 to consumers, will be favorable. 71 (5) The requirements in this section must be met before the 72 adoption of a regulation of a profession or occupation not 73 already expressly subject to state regulation or the substantial 74 expansion of regulation of a regulated profession or occupation 75 in order to determine whether such regulation is necessary to 76 protect the public and is the least restrictive regulatory 77 alternative consistent with the public interest. 78 (6)(4)The proponents of legislation, including any 79 individual, group, or entity, that proposesprovides forthe 80 regulation of an unregulated profession or occupation or the 81 substantial expansion of regulation of a regulated profession or 82 occupationa profession or occupation not already expressly83subject to state regulationshall provide, upon request,the 84 following information in writing to the state agency that is 85 proposed to have jurisdiction over the regulation, the President 86 of the Senate, and the Speaker of the House of Representatives 87 at least 30 days before the regular session of the Legislature 88 in which the legislation is to be filedand to the legislative89committees to which the legislation is referred: 90 (a) A copy of the draft legislation proposing to regulate 91 an unregulated profession or occupation or the substantial 92 expansion of regulation of a regulated profession or occupation; 93 (b)(a)The number of individuals or businesses that would 94 be subject to the regulation; 95 (c)(b)The name of each association that represents members 96 of the profession or occupation, together with a copy of its 97 codes of ethics or conduct; 98 (d)(c)Documentation of the nature and extent of the harm 99 to the public caused by the unregulated practice of the 100 profession or occupation, including a description of any 101 complaints that have been lodged against persons who have 102 practiced the profession or occupation in this state during the 103 preceding 3 years; 104 (e)(d)A list of states that regulate the profession or 105 occupation, and the dates of enactment of each law providing for 106 such regulation and a copy of each law; 107 (f)(e)A list and description of state and federal laws 108 that have been enacted to protect the public with respect to the 109 profession or occupation and a statement of the reasons why 110 these laws have not proven adequate to protect the public; 111 (g)(f)A description of the voluntary efforts made by 112 members of the profession or occupation to protect the public 113 and a statement of the reasons why these efforts have not proven 114are notadequate to protect the public; 115 (h)(g)A copy of any federal legislation mandating 116 regulation; 117 (i)(h)An explanation of the reasons why other types of 118 less restrictive regulation would not effectively protect the 119 public; 120 (j)(i)The cost, availability, and appropriateness of 121 training and examination requirements; 122 (k)(j)The cost of regulation, including the indirect cost 123 to consumers, and the method proposed to finance the regulation; 124 (l)(k)The cost imposed on applicants or practitioners or 125 on employers of applicants or practitioners as a result of the 126 regulation; 127 (m)(l)The details of any previous efforts in this state to 128 implement regulation of the profession or occupation, including 129 a summary of bills filed in the Legislature on the same subject 130 in the preceding 5 years; and 131 (n)(m)Any other information the proponents of the 132 legislation consideragency or the committee considersrelevant 133 to the analysis of the proposed legislation. 134 (7)(5)The state agency proposed to have jurisdiction over 135 the regulation shall provide the President of the Senate and the 136 Speaker of the House of Representatives with the following 137 information within 25 days after the proponents of the 138 legislation submit the draft legislation to the state agency in 139 accordance with subsection (6)The agency shall provide the140Legislature with information concerning the effect of proposed141legislation that provides for new regulation of a profession or142occupation regarding: 143 (a) The departmental resources necessary to implement and 144 enforce the proposed regulation, including, but not limited to, 145 the anticipated costs to implement and enforce the proposed 146 regulation and any anticipated license fees necessary to cover 147 the anticipated costs.;148 (b) Whether additional statutory or rulemaking authority is 149 necessary to implement and enforce the proposed regulation. 150 (c) A comparison of similarly situated professions and 151 occupations regulated by the state agency. 152 (d) The anticipated impact on small businesses as defined 153 in s. 288.703 and small counties and small cities as defined in 154 s. 120.52. 155 (e) The anticipated impact on business competitiveness, 156 including the ability of persons doing business in the state to 157 compete with persons doing business in other states or domestic 158 markets. 159 (f) The anticipated impact on economic growth and private 160 sector job creation or employment. 161 (g) The technical sufficiency of the proposal for 162 regulation, including its consistency with the regulation of 163 other professions and occupations under existing law.; and164 (h)(c)If applicable, any alternatives to the proposed 165 regulation which may result in a less restrictive or more cost 166 effective regulatory scheme. 167 (i) A good faith estimate of the number of individuals or 168 businesses that would be subject to the proposed regulation. 169 (j) A good faith estimate of the transactional costs likely 170 to be incurred by individuals and entities, including local 171 government entities, that would be required to comply with the 172 proposed regulation. 173 (k) Any other information the state agency determines 174 relevant to the analysis of the proposed regulation. 175 (8) If the state agency that is proposed to have 176 jurisdiction over the regulation is unable to provide the 177 information required by subsection (7), such state agency shall 178 notify the proponents of the legislation, the President of the 179 Senate, and the Speaker of the House of Representatives that the 180 agency was unable to acquire sufficient information to comply 181 with that subsection. 182 (9)(6)When making a recommendation concerning proposed 183 legislation providing for new regulation of a profession or 184 occupation, a legislative committee shall determine: 185 (a) Whether the regulation is justified based on the 186 criteriaspecified in subsection (3), the information submitted187pursuant to request under subsection (4),andtheinformation 188 provided under subsections (4), (6), and (7)subsection (5); 189 (b) The least restrictive and most cost-effective 190 regulatory scheme that will adequately protect the public; and 191 (c) The technical sufficiency of the proposed legislation, 192 including its consistency with the regulation of other 193 professions and occupations under existing law. 194 Section 2. This act shall take effect July 1, 2019.