Bill Text: FL S1276 | 2022 | Regular Session | Introduced
Bill Title: Legislative Review of Proposed Regulation of Unregulated Functions
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2022-03-14 - Died in Regulated Industries [S1276 Detail]
Download: Florida-2022-S1276-Introduced.html
Florida Senate - 2022 SB 1276 By Senator Diaz 36-01077-22 20221276__ 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 adopting the 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 that would have jurisdiction over the proposed 12 regulation and to the Legislature by a certain date; 13 requiring such state agency to provide certain 14 information to the Legislature within a specified 15 timeframe; providing an exception; revising the 16 information a legislative committee must consider when 17 determining whether regulation is justified; providing 18 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 anoprofession or an occupation may not be 29 subject to regulation by the state unless the regulation is 30 necessary to protect the public health, safety, or welfare from 31 significant and discernible harm or damage and that the police 32 power of the state be exercised only to the extent necessary for 33 that purpose; and 34 (b) That anoprofession or an occupation may not be 35 regulated by the state in a manner that unnecessarily restricts 36 entry into the practice of the profession or occupation or 37 adversely affects the availability of the professional or 38 occupational services to 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 an occupation by regulating an activity that is not regulated 43 by 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) In order to ensure that the Legislature adopts only 72 those regulations that are necessary to protect the public and 73 are the least restrictive regulatory alternatives consistent 74 with the public interest, the requirements of this section must 75 be met before the adoption of: 76 (a) Any regulation of a profession or an occupation not 77 already expressly subject to state regulation; or 78 (b) Any regulation that substantially expands the 79 regulation of a regulated profession or occupation. 80 (6)(4)The proponents of legislation, including any 81 individual, group, or entity, that proposesthatprovides for82 the regulation of an unregulated profession or occupation or the 83 substantial expansion of regulation of a regulated profession or 84 occupationnot already expressly subject to state regulation85 shall provide, upon request,the following information in 86 writing to the state agencythat isproposed to have 87 jurisdiction over the regulation, to the President of the 88 Senate, and to the Speaker of the House of Representatives at 89 least 30 days before the regular session of the Legislature in 90 which the legislation is to be filedand to the legislative91committees to which the legislation is referred: 92 (a) A copy of the draft legislation proposing to regulate 93 an unregulated profession or occupation or the substantial 94 expansion of regulation of a regulated profession or occupation; 95 (b)(a)The number of individuals or businessesthat would96besubject to the regulation; 97 (c)(b)The name of each association that represents members 98 of the profession or occupation, together with a copy of its 99 codes of ethics or conduct; 100 (d)(c)Documentation of the nature and extent of the harm 101 to the public caused by the unregulated practice of the 102 profession or occupation, including a description of any 103 complaintsthat have beenlodged against persons who have 104 practiced the profession or occupation in this state during the 105 preceding 3 years; 106 (e)(d)A list of states that regulate the profession or 107 occupation, and the dates of enactment of each law providing for 108 such regulation and a copy of each law; 109 (f)(e)A list and description of state and federal laws 110that have beenenacted to protect the public with respect to the 111 profession or occupation and a statement of the reasons why 112 these laws have not proven adequate to protect the public; 113 (g)(f)A description of the voluntary efforts made by 114 members of the profession or occupation to protect the public 115 and a statement of the reasons why these efforts have not proven 116are notadequate to protect the public; 117 (h)(g)A copy of any federal legislation mandating 118 regulation; 119 (i)(h)An explanation of the reasons why other types of 120 less restrictive regulation would not effectively protect the 121 public; 122 (j)(i)The cost, availability, and appropriateness of 123 training and examination requirements; 124 (k)(j)The cost of regulation, including the indirect cost 125 to consumers, and the method proposed to finance the regulation; 126 (l)(k)The cost imposed on applicants or practitioners or 127 on employers of applicants or practitioners as a result of the 128 regulation; 129 (m)(l)The details of any previous efforts in this state to 130 implement regulation of the profession or occupation, including 131 a summary of bills filed in the Legislature on the same subject 132 in the preceding 5 years; and 133 (n)(m)Any other information the proponents of the 134 legislation consideragency or the committee considersrelevant 135 to the analysis of the proposed legislation. 136 (7)(5)The state agency proposed to have jurisdiction over 137 the regulation shall provide the President of the Senate and the 138 Speaker of the House of Representatives with all of the 139 following information within 25 days after the proponents of the 140 legislation submit the draft legislation to the state agency in 141 accordance with subsection (6)The agency shall provide the142Legislature with information concerning the effect of proposed143legislation that provides for new regulation of a profession or144occupation regarding: 145 (a) The departmental resources necessary to implement and 146 enforce the proposed regulation, including, but not limited to, 147 the anticipated costs to implement and enforce the proposed 148 regulation and any anticipated license fees necessary to cover 149 the anticipated costs.;150 (b) Whether additional statutory or rulemaking authority is 151 necessary to implement and enforce the proposed regulation. 152 (c) A comparison of similarly situated professions and 153 occupations regulated by the state agency. 154 (d) The anticipated impact on small businesses as defined 155 in s. 288.703 and on small counties and small cities as those 156 terms are defined in s. 120.52. 157 (e) The anticipated impact on business competitiveness, 158 including the ability of persons doing business in this state to 159 compete with persons doing business in other states or domestic 160 markets. 161 (f) The anticipated impact on economic growth and private 162 sector job creation or employment. 163 (g) The technical sufficiency of the proposal for 164 regulation, including its consistency with the regulation of 165 other professions and occupations under existing law.; and166 (h)(c)If applicable, any alternatives to the proposed 167 regulation which may result in a less restrictive or more cost 168 effective regulatory scheme. 169 (i) A good faith estimate of the number of individuals or 170 businesses subject to the proposed regulation. 171 (j) A good faith estimate of the transactional costs likely 172 to be incurred by individuals and entities, including local 173 government entities, required to comply with the proposed 174 regulation. 175 (k) Any other information the state agency determines 176 relevant to the analysis of the proposed regulation. 177 (8) If the state agency proposed to have jurisdiction over 178 the regulation is unable to provide the information required by 179 subsection (7), such state agency must notify the proponents of 180 the legislation, the President of the Senate, and the Speaker of 181 the House of Representatives that the agency was unable to 182 acquire sufficient information to comply with that subsection. 183 (9)(6)When making a recommendation concerning proposed 184 legislation providing for new regulation of a profession or 185 occupation, a legislative committee shall determine: 186 (a) Whether the regulation is justified based on the 187 criteriaspecified in subsection (3), the information submitted188pursuant to request under subsection (4),andtheinformation 189 provided under subsections (4), (6), and (7)subsection (5); 190 (b) The least restrictive and most cost-effective 191 regulatory scheme that will adequately protect the public; and 192 (c) The technical sufficiency of the proposed legislation, 193 including its consistency with the regulation of other 194 professions and occupations under existing law. 195 Section 2. This act shall take effect July 1, 2022.