October 28, 2020
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       CS for CS for SB 682                            Second Engrossed
       
       
       
       
       
       
       
       
       2009682e2
       
    1                        A bill to be entitled                      
    2         An act relating to government reorganization; amending
    3         s. 20.165, F.S.; creating the Division of Service
    4         Operations of the department; amending s. 455.217,
    5         F.S.; conforming provisions and transferring to the
    6         Division of Service Operations from the Division of
    7         Technology certain responsibilities related to
    8         examinations; revising certain requirements for the
    9         department concerning the use of outside vendors for
   10         the development, preparation, and evaluation of
   11         examinations; repealing s. 509.233(1) and (7), F.S.,
   12         relating to a 3-year pilot program for local
   13         governments to allow patrons’ dogs within certain
   14         designated outdoor portions of public food service
   15         establishments; abrogating the repeal of the program;
   16         requiring that the Office of Program Policy Analysis
   17         and Government Accountability perform a study and make
   18         certain recommendations to the Legislature by a
   19         specified date regarding the enactment of laws to
   20         provide for protection and remedies from certain
   21         online poker activities; amending s. 509.233, F.S.;
   22         providing a short title; nullifying a provision of
   23         another bill which increases the threshold value of
   24         certain equipment for construction projects below
   25         which a contractor working with such equipment need
   26         not be a licensed engineer; amending s. 723.071, F.S.;
   27         redefining the term “offer” for purposes of the sale
   28         of a mobile home park; amending s. 403.708, F.S.;
   29         authorizing the disposal of yard trash at a Class I
   30         landfill if the landfill has a system for collecting
   31         landfill gas and arranges for the reuse of the gas;
   32         providing an effective date.
   33  
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Paragraph (k) is added to subsection (2) of
   37  section 20.165, Florida Statutes, to read:
   38         20.165 Department of Business and Professional Regulation.
   39  There is created a Department of Business and Professional
   40  Regulation.
   41         (2) The following divisions of the Department of Business
   42  and Professional Regulation are established:
   43         (k)Division of Service Operations.
   44         Section 2. Paragraph (a) of subsection (1) of section
   45  455.217, Florida Statutes, is amended to read:
   46         455.217 Examinations.—This section shall be read in
   47  conjunction with the appropriate practice act associated with
   48  each regulated profession under this chapter.
   49         (1) The Division of Service Operations Technology of the
   50  Department of Business and Professional Regulation shall
   51  provide, contract, or approve services for the development,
   52  preparation, administration, scoring, score reporting, and
   53  evaluation of all examinations. The division shall seek the
   54  advice of the appropriate board in providing such services.
   55         (a) The department, acting in conjunction with the Division
   56  of Service Operations Technology and the Division of Real
   57  Estate, as appropriate, shall ensure that examinations
   58  adequately and reliably measure an applicant’s ability to
   59  practice the profession regulated by the department. After an
   60  examination developed or approved by the department has been
   61  administered, the board or department may reject any question
   62  which does not reliably measure the general areas of competency
   63  specified in the rules of the board or department, when there is
   64  no board. The department shall use qualified outside
   65  professional testing vendors services for the development,
   66  preparation, and evaluation of examinations, when such services
   67  are economically and viably available and approved by the
   68  department board.
   69         Section 3. Subsections (1) and (7) of section 509.233,
   70  Florida Statutes, are repealed.
   71         Section 4. The Office of Program Policy Analysis and
   72  Government Accountability shall perform a study and make
   73  recommendations to the Legislature by December 1, 2009,
   74  regarding the enactment of laws to provide for protection and
   75  remedies from existing and unregulated online poker activities,
   76  which currently lack oversight and consumer protection under s.
   77  849.086, Florida Statutes.
   78         Section 5. Subsection (8) is added to section 509.233,
   79  Florida Statutes, to read:
   80         509.233 Public food service establishment requirements;
   81  local exemption for dogs in designated outdoor portions; pilot
   82  program.—
   83         (8) This section may be cited as the “Dixie Cup Clary Local
   84  Control Act.”
   85         Section 6. The amendment to s. 471.003(2)(h)1., Florida
   86  Statutes, contained in CS/CS/CS/CS/HB 425, Eng. 1, 2009 Regular
   87  Session, shall not take effect.
   88         Section 7. Paragraph (b) of subsection (3) of section
   89  723.071, Florida Statutes, is amended to read:
   90         723.071 Sale of mobile home parks.—
   91         (3)
   92         (b) As used in subsection (1), the term “offer” means any
   93  solicited or unsolicited offer to buy the park solicitation by
   94  the park owner to the general public.
   95         Section 8. Paragraph (c) of subsection (12) of section
   96  403.708, Florida Statutes, is amended to read:
   97         403.708 Prohibition; penalty.—
   98         (12) A person who knows or should know of the nature of the
   99  following types of solid waste may not dispose of such solid
  100  waste in landfills:
  101         (c) Yard trash in lined landfills classified by department
  102  rule as Class I landfills unless the landfill uses an active gas
  103  collection system to collect landfill gas generated at the
  104  disposal facility and provides or arranges for a beneficial
  105  reuse of the gas. Yard trash that is source separated from solid
  106  waste may be accepted at a solid waste disposal area where
  107  separate yard trash composting facilities are provided and
  108  maintained. The department recognizes that incidental amounts of
  109  yard trash may be disposed of in Class I landfills. In any
  110  enforcement action taken pursuant to this paragraph, the
  111  department shall consider the difficulty of removing incidental
  112  amounts of yard trash from a mixed solid waste stream.
  113         Section 9. This act shall take effect July 1, 2009.

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