eLaws of Florida

  SECTION 11.62. Legislative review of proposed regulation of unregulated functions.  


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  • 1(1) 2This section may be cited as the “Sunrise Act.”
    11(2) 12It is the intent of the Legislature:
    19(a) 20That no profession or occupation be subject to regulation by the state unless the regulation is necessary to protect the public health, safety, or welfare from significant and discernible harm or damage and that the police power of the state be exercised only to the extent necessary for that purpose; and
    71(b) 72That no profession or occupation be regulated by the state in a manner that unnecessarily restricts entry into the practice of the profession or occupation or adversely affects the availability of the professional or occupational services to the public.
    111(3) 112In determining whether to regulate a profession or occupation, the Legislature shall consider the following factors:
    128(a) 129Whether the unregulated practice of the profession or occupation will substantially harm or endanger the public health, safety, or welfare, and whether the potential for harm is recognizable and not remote;
    160(b) 161Whether the practice of the profession or occupation requires specialized skill or training, and whether that skill or training is readily measurable or quantifiable so that examination or training requirements would reasonably assure initial and continuing professional or occupational ability;
    201(c) 202Whether the regulation will have an unreasonable effect on job creation or job retention in the state or will place unreasonable restrictions on the ability of individuals who seek to practice or who are practicing a given profession or occupation to find employment;
    245(d) 246Whether the public is or can be effectively protected by other means; and
    259(e) 260Whether the overall cost-effectiveness and economic impact of the proposed regulation, including the indirect costs to consumers, will be favorable.
    280(4) 281The proponents of legislation that provides for the regulation of a profession or occupation not already expressly subject to state regulation shall provide, upon request, the following information in writing to the state agency that is proposed to have jurisdiction over the regulation and to the legislative committees to which the legislation is referred:
    335(a) 336The number of individuals or businesses that would be subject to the regulation;
    349(b) 350The name of each association that represents members of the profession or occupation, together with a copy of its codes of ethics or conduct;
    374(c) 375Documentation of the nature and extent of the harm to the public caused by the unregulated practice of the profession or occupation, including a description of any complaints that have been lodged against persons who have practiced the profession or occupation in this state during the preceding 3 years;
    424(d) 425A list of states that regulate the profession or occupation, and the dates of enactment of each law providing for such regulation and a copy of each law;
    453(e) 454A list and description of state and federal laws that have been enacted to protect the public with respect to the profession or occupation and a statement of the reasons why these laws have not proven adequate to protect the public;
    495(f) 496A description of the voluntary efforts made by members of the profession or occupation to protect the public and a statement of the reasons why these efforts are not adequate to protect the public;
    530(g) 531A copy of any federal legislation mandating regulation;
    539(h) 540An explanation of the reasons why other types of less restrictive regulation would not effectively protect the public;
    558(i) 559The cost, availability, and appropriateness of training and examination requirements;
    569(j) 570The cost of regulation, including the indirect cost to consumers, and the method proposed to finance the regulation;
    588(k) 589The cost imposed on applicants or practitioners or on employers of applicants or practitioners as a result of the regulation;
    609(l) 610The details of any previous efforts in this state to implement regulation of the profession or occupation; and
    628(m) 629Any other information the agency or the committee considers relevant to the analysis of the proposed legislation.
    646(5) 647The agency shall provide the Legislature with information concerning the effect of proposed legislation that provides for new regulation of a profession or occupation regarding:
    672(a) 673The departmental resources necessary to implement and enforce the proposed regulation;
    684(b) 685The technical sufficiency of the proposal for regulation, including its consistency with the regulation of other professions and occupations under existing law; and
    708(c) 709If applicable, any alternatives to the proposed regulation which may result in a less restrictive or more cost-effective regulatory scheme.
    729(6) 730When making a recommendation concerning proposed legislation providing for new regulation of a profession or occupation, a legislative committee shall determine:
    751(a) 752Whether the regulation is justified based on the criteria specified in subsection (3), the information submitted pursuant to request under subsection (4), and the information provided under subsection (5);
    781(b) 782The least restrictive and most cost-effective regulatory scheme that will adequately protect the public; and
    797(c) 798The technical sufficiency of the proposed legislation, including its consistency with the regulation of other professions and occupations under existing law.
History.-s. 6, ch. 91-429; s. 1, ch. 94-218; s. 133, ch. 99-251.

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