Florida SB 1276: Legislative Review of Proposed Regulation of Unregulated Functions

Bill Text

Florida Senate - 2022 SB 1276

By Senator Diaz

36-01077-22 20221276__
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CODING: Words stricken are deletions; words underlined are additions.
A bill to be entitled 1
An act relating to legislative review of proposed 2
regulation of unregulated functions; amending s. 3
11.62, F.S.; defining terms; providing that certain 4
requirements must be met before adopting the 5
regulation of an unregulated profession or occupation 6
or the substantial expansion of regulation of a 7
regulated profession or occupation; requiring the 8
proponents of legislation that proposes such 9
regulation to provide certain information to the state 10
agency that would have jurisdiction over the proposed 11
regulation and to the Legislature by a certain date; 12
requiring such state agency to provide certain 13
information to the Legislature within a specified 14
timeframe; providing an exception; revising the 15
information a legislative committee must consider when 16
determining whether regulation is justified; providing 17
an effective date. 18
19
Be It Enacted by the Legislature of the State of Florida: 20
21
Section 1. Section 11.62, Florida Statutes, is amended to 22
read: 23
11.62 Legislative review of proposed regulation of 24
unregulated functions.— 25
(1) This section may be cited as the “Sunrise Act.” 26
(2) It is the intent of the Legislature: 27
(a) That a no profession or an occupation may not be 28
subject to regulation by the state unless the regulation is 29

Florida Senate - 2022 SB 1276

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necessary to protect the public health, safety, or welfare from 30
significant and discernible harm or damage and that the police 31
power of the state be exercised only to the extent necessary for 32
that purpose; and 33
(b) That a no profession or an occupation may not be 34
regulated by the state in a manner that unnecessarily restricts 35
entry into the practice of the profession or occupation or 36
adversely affects the availability of the professional or 37
occupational services to the public. 38
(3) As used in this section, the term: 39
(a) “Substantial expansion of regulation” means to expand 40
the scope of practice for current practitioners of a profession 41
or an occupation by regulating an activity that is not regulated 42
by the state. 43
(b) “Transactional costs” means direct costs that are 44
ascertainable based upon standard business practices, including 45
filing fees, license fees, regulatory compliance costs, 46
operating costs, monitoring and reporting costs, and any other 47
costs necessary to comply with the proposed regulation. 48
(4) In determining whether to regulate a profession or 49
occupation, the Legislature shall consider the following 50
factors: 51
(a) Whether the unregulated practice of the profession or 52
occupation will substantially harm or endanger the public 53
health, safety, or welfare, and whether the potential for harm 54
is recognizable and not remote; 55
(b) Whether the practice of the profession or occupation 56
requires specialized skill or training, and whether that skill 57
or training is readily measurable or quantifiable so that 58

Florida Senate - 2022 SB 1276

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examination or training requirements would reasonably assure 59
initial and continuing professional or occupational ability; 60
(c) Whether the regulation will have an unreasonable effect 61
on job creation or job retention in the state or will place 62
unreasonable restrictions on the ability of individuals who seek 63
to practice or who are practicing a given profession or 64
occupation to find employment; 65
(d) Whether the public is or can be effectively protected 66
by other means; and 67
(e) Whether the overall cost-effectiveness and economic 68
impact of the proposed regulation, including the indirect costs 69
to consumers, will be favorable. 70
(5) In order to ensure that the Legislature adopts only 71
those regulations that are necessary to protect the public and 72
are the least restrictive regulatory alternatives consistent 73
with the public interest, the requirements of this section must 74
be met before the adoption of: 75
(a) Any regulation of a profession or an occupation not 76
already expressly subject to state regulation; or 77
(b) Any regulation that substantially expands the 78
regulation of a regulated profession or occupation. 79
(6)(4) The proponents of legislation, including any 80
individual, group, or entity, that proposes that provides for 81
the regulation of an unregulated profession or occupation or the 82
substantial expansion of regulation of a regulated profession or 83
occupation not already expressly subject to state regulation 84
shall provide, upon request, the following information in 85
writing to the state agency that is proposed to have 86
jurisdiction over the