October 28, 2020
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       CS for CS for SB 682                             First Engrossed
       
       
       
       
       
       
       
       
       2009682e1
       
    1                        A bill to be entitled                      
    2         An act relating to government reorganization;
    3         transferring by a type II transfer the Bureau of
    4         Onsite Sewage from the Department of Health to the
    5         Department of Environmental Protection; amending s.
    6         20.165, F.S.; creating the Division of Service
    7         Operations of the department; amending s. 455.217,
    8         F.S.; conforming provisions and transferring to the
    9         Division of Service Operations from the Division of
   10         Technology certain responsibilities related to
   11         examinations; revising certain requirements for the
   12         department concerning the use of outside vendors for
   13         the development, preparation, and evaluation of
   14         examinations; repealing s. 509.233(1) and (7), F.S.,
   15         relating to a 3-year pilot program for local
   16         governments to allow patrons’ dogs within certain
   17         designated outdoor portions of public food service
   18         establishments; abrogating the repeal of the program;
   19         requiring that the Office of Program Policy Analysis
   20         and Government Accountability perform a study and make
   21         certain recommendations to the Legislature by a
   22         specified date regarding the enactment of laws to
   23         provide for protection and remedies from certain
   24         online poker activities; amending s. 509.233, F.S.;
   25         providing a short title; nullifying a provision of
   26         another bill which increases the threshold value of
   27         certain equipment for construction projects below
   28         which a contractor working with such equipment need
   29         not be a licensed engineer; providing an effective
   30         date.
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Effective July 1, 2010, all of the powers,
   35  duties, functions, records, personnel, and property; unexpended
   36  balances of appropriations, allocations, and other funds;
   37  administrative authority; administrative rules; pending issues;
   38  and existing contracts of the Bureau of Onsite Sewage Programs
   39  in the Department of Health, as authorized and governed by ss.
   40  20.43, 20.435, 153.73, 153.54, 163.3180, 180.03, 381.006,
   41  381.0061, 381.0064-381.0068, and 489.551-558, are transferred by
   42  a type II transfer, pursuant to s. 20.06(2), to the Florida
   43  Department of Environmental Protection. In addition all existing
   44  powers, duties, functions, records, personnel, and property;
   45  unexpended balances of appropriations, allocations, and other
   46  funds; administrative authority; administrative rules; pending
   47  issues; and existing contracts associated with county health
   48  departments’ onsite sewage programs are transferred to the
   49  Department of Environmental Protection. The Department of
   50  Environmental Protection in cooperation with the Department of
   51  Health must develop a plan to implement the type II transfer and
   52  deliver the proposal to the Governor, the President of the
   53  Senate and the Speaker of the House of Representatives by
   54  January 15, 2010.
   55         Section 2. Paragraph (k) is added to subsection (2) of
   56  section 20.165, Florida Statutes, to read:
   57         20.165 Department of Business and Professional Regulation.
   58  There is created a Department of Business and Professional
   59  Regulation.
   60         (2) The following divisions of the Department of Business
   61  and Professional Regulation are established:
   62         (k)Division of Service Operations.
   63         Section 3. Paragraph (a) of subsection (1) of section
   64  455.217, Florida Statutes, is amended to read:
   65         455.217 Examinations.—This section shall be read in
   66  conjunction with the appropriate practice act associated with
   67  each regulated profession under this chapter.
   68         (1) The Division of Service Operations Technology of the
   69  Department of Business and Professional Regulation shall
   70  provide, contract, or approve services for the development,
   71  preparation, administration, scoring, score reporting, and
   72  evaluation of all examinations. The division shall seek the
   73  advice of the appropriate board in providing such services.
   74         (a) The department, acting in conjunction with the Division
   75  of Service Operations Technology and the Division of Real
   76  Estate, as appropriate, shall ensure that examinations
   77  adequately and reliably measure an applicant’s ability to
   78  practice the profession regulated by the department. After an
   79  examination developed or approved by the department has been
   80  administered, the board or department may reject any question
   81  which does not reliably measure the general areas of competency
   82  specified in the rules of the board or department, when there is
   83  no board. The department shall use qualified outside
   84  professional testing vendors services for the development,
   85  preparation, and evaluation of examinations, when such services
   86  are economically and viably available and approved by the
   87  department board.
   88         Section 4. Subsections (1) and (7) of section 509.233,
   89  Florida Statutes, are repealed.
   90         Section 5. The Office of Program Policy Analysis and
   91  Government Accountability shall perform a study and make
   92  recommendations to the Legislature by December 1, 2009,
   93  regarding the enactment of laws to provide for protection and
   94  remedies from existing and unregulated online poker activities,
   95  which currently lack oversight and consumer protection under s.
   96  849.086, Florida Statutes.
   97         Section 6. Subsection (8) is added to section 509.233,
   98  Florida Statutes, to read:
   99         509.233 Public food service establishment requirements;
  100  local exemption for dogs in designated outdoor portions; pilot
  101  program.—
  102         (8) This section may be cited as the “Dixie Cup Clary Local
  103  Control Act.”
  104         Section 7. The amendment to s. 471.003(2)(h)1., Florida
  105  Statutes, contained in CS/CS/CS/CS/HB 425, Eng. 1, 2009 Regular
  106  Session, shall not take effect.
  107         Section 8. This act shall take effect July 1, 2009.

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