455.32  Management Privatization Act.--

(1)  This section may be cited as the "Management Privatization Act."

(2)  As used in this section, the term:

(a)  "Corporation" means the corporation or other business entity with which the department contracts pursuant to subsection (3).

(b)  "Executive director" means the person appointed by the department pursuant to s. 455.203.

(c)  "Secretary" means the Secretary of Business and Professional Regulation.

(3)  Based upon the request of any board, commission, or council, the department is authorized to contract with a corporation or other business entity to perform support services specified in the contract. The contract must be in compliance with this section and other applicable laws and must be approved by the board before the department enters into the contract. The department shall retain responsibility for any duties it currently exercises relating to its police powers and any other current duty that is not provided to the corporation by the contract. The contract shall provide, at a minimum, that:

(a)  The corporation provide administrative, investigative, examination, licensing, and prosecutorial support services in accordance with the provisions of this section and the practice act of the relevant profession. With approval of the department, the corporation may subcontract for any of these services.

(b)  The corporation utilize computer technology compatible with the department to ensure compatibility and availability to the public of information provided for other professions by the department.

(c)  The corporation submit an annual budget for approval by the board and the department.

(d)  The corporation keep financial and statistical information as necessary to completely disclose the financial condition and operation of the project and as requested by the Office of Program Policy Analysis and Government Accountability, the Auditor General, and the department.

(e)  If the certification process in subsection (10) determines noncompliance, the contract provide for methods and mechanisms to resolve the situation.

(f)  The corporation provide to the board and the department, on or before October 1 of each year, a report describing all of the activities of the corporation for the previous fiscal year. The report shall include:

1.  Any audit performed under subsection (9), including financial reports and performance audits.

2.  The number of license applications received, the number of licenses approved and denied, the number of licenses issued, and the average time required to issue a license.

3.  The number of examinations administered and the number of applicants who passed or failed the examination.

4.  The number of complaints received, the number of complaints determined to be legally sufficient, the number of complaints dismissed, and the number of complaints determined to have probable cause.

5.  The number of administrative complaints issued and the status of the complaints.

6.  The number and nature of disciplinary actions taken by the board.

7.  All revenue received and all expenses incurred by the corporation over the previous 12 months in its performance of the duties under the contract.

8.  The status of the compliance of the corporation with all performance-based program measures adopted by the board.

(4)  The provisions of s. 768.28 apply to the corporation, which is deemed to be a corporation primarily acting as an instrumentality of the state, but which is not an agency within the meaning of s. 20.03(11).

(5)  The corporation shall be funded through appropriations allocated to the regulation of the relevant profession from the Professional Regulation Trust Fund.

(6)  If the corporation is no longer approved to operate for the board or the board ceases to exist, moneys and property held in trust by the corporation for the benefit of the board shall revert to the board, or to the state if the board ceases to exist.

(7)  The executive director shall supervise the activities of the corporation to ensure compliance with the contract and provisions of this section and the practice act of the relevant profession. The executive director shall be an employee of the department and serve as a liaison between the department, the board, and the corporation and shall ensure that the police powers of the state are not exercised by the corporation.

(8)  The corporation may not exercise any authority assigned to the department or board under this section or the practice act of the relevant profession, including determining legal sufficiency and probable cause to pursue disciplinary action against a licensee, taking final action on license applications or in disciplinary cases, or adopting administrative rules under chapter 120.

(9)  The corporation shall provide for an annual financial and compliance audit of its financial accounts and records by an independent certified public accountant in accordance with generally accepted auditing standards. The annual audit report shall include a detailed supplemental schedule of expenditures for each expenditure category and a management letter. The annual audit report must be submitted to the board, the department, and the Auditor General for review. The Auditor General may, pursuant to his or her authority or at the direction of the Legislative Auditing Committee, conduct an audit of the corporation.

(10)  The board and the department shall annually certify that the corporation is complying with the terms of the contract in a manner consistent with the goals and purposes of the board and in the best interest of the state.

(11)  Nothing in this section shall limit the ability of the corporation to enter into contracts and perform all other acts incidental to those contracts that are necessary for the administration of its affairs and for the attainment of its purposes.

(12)  The corporation may acquire by lease, and maintain, use, and operate, any real or personal property necessary to perform the duties provided by the contract and this section.

(13)  No later than October 1, 2000, the department shall contract with a corporation in accordance with subsection (3) for the provision of services for architects and interior designers.

(14)  The department shall retain the independent authority to open, investigate, or prosecute any cases or complaints, as necessary, to protect the public health, safety, or welfare. In addition, the department shall retain sole authority to issue emergency suspension or restriction orders pursuant to s. 120.60 and to prosecute unlicensed activity cases pursuant to ss. 455.228 and 455.2281.

(15)  Corporation records are public records subject to the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution; however, public records exemptions set forth in ss. 455.217 and 455.229 for records created or maintained by the department shall apply to records created or maintained by the corporation. The exemptions set forth in s. 455.225, relating to complaints and information obtained pursuant to an investigation by the department, shall apply to such records created or obtained by the corporation only until an investigation ceases to be active. For the purposes of this subsection, an investigation is considered active so long as the corporation or any law enforcement or administrative agency is proceeding with reasonable dispatch and has a reasonable, good faith belief that it may lead to the filing of administrative, civil, or criminal proceedings. An investigation ceases to be active when the case is dismissed prior to a finding of probable cause and the board has not exercised its option to pursue the case or 10 days after the board makes a determination regarding probable cause. All information, records, and transcriptions regarding a complaint that has been determined to be legally sufficient to state a claim within the jurisdiction of the board become available to the public when the investigation ceases to be active, except information that is otherwise confidential or exempt from s. 119.07(1). However, in response to an inquiry about the licensure status of an individual, the corporation shall disclose the existence of an active investigation if the nature of the violation under investigation involves the potential for substantial physical or financial harm. The department and the board shall have access to all records of the corporation, as necessary, to exercise their authority to approve and supervise the contract.

(16)  If any provision of this section is held to be unconstitutional or is held to violate the state or federal antitrust laws, the following shall occur:

(a)  The corporation shall cease and desist from exercising any powers and duties enumerated in this section.

(b)  The department shall resume the performance of such activities. The department shall regain and receive, hold, invest, and administer property and make expenditures for the benefit of the board.

(c)  The Executive Office of the Governor, notwithstanding chapter 216, is authorized to reestablish positions, budget authority, and salary rate necessary to carry out the department's responsibilities related to the board.

(17)  This section is repealed on October 1, 2005, and shall be reviewed by the Legislature prior to that date for the purpose of determining its continued existence.