Senate Bill sb2798c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SCR 2798
By the Committee on Governmental Oversight and Productivity;
and Senator Atwater
302-2520-03
1 Senate Concurrent Resolution No. ____
2 A concurrent resolution amending Joint Rules 4
3 and 5 and repealing Joint Rule 6 of the Joint
4 Rules of the Legislature.
5
6 Be It Resolved by the Senate of the State of Florida, the
7 House of Representatives Concurring:
8
9 That Joint Rules 4 and 5 of the Joint Rules of the
10 Legislature are amended and Joint Rule 6 of the Joint Rules of
11 the Florida Legislature is repealed:
12
13 JOINT RULE FOUR
14 (As Amended April 1998)
15 JOINT LEGISLATIVE AUDITING COMMITTEE
16 4.1--Responsibilities
17 (1) On or before December 31 of the year following
18 each decennial census, the Legislative Auditing Committee
19 shall review the performance of the Auditor General and shall
20 submit a report to the Legislature which recommends whether
21 the Auditor General should continue to serve in office.
22 (2) The expenses of the members of the committee shall
23 be approved by the chair of the committee and paid from the
24 appropriation for legislative expense.
25 (3) The committee shall submit to the President of the
26 Senate and the Speaker of the House of Representatives, for
27 approval, an estimate of the financial needs of the committee,
28 the Office of Government Accountability Auditor General, and
29 the Office of Program Policy Analysis and Government
30 Accountability, and the Public Counsel.
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SCR 2798
302-2520-03
1 (4) The committee and the units it oversees, including
2 the Office of Government Accountability Auditor General, the
3 Office of Program Policy Analysis and Government
4 Accountability, and the Public Counsel, shall submit their
5 budget requests and operating budgets to the President of the
6 Senate and the Speaker of the House of Representatives for
7 prior written approval by the presiding officers acting
8 together.
9 (5) The committee may receive requests for audits and
10 reviews from legislators. Staff of the committee shall review
11 each request and make a recommendation to the committee
12 concerning its disposition. The manner of disposition
13 recommended may be:
14 (a) Assignment to the Office of Government
15 Accountability Auditor General for inclusion in a regularly
16 scheduled agency audit;
17 (b) Assignment to the Office of Government
18 Accountability Auditor General for special audit or review;
19 (c) Assignment to the Office of Program Policy
20 Analysis and Government Accountability for inclusion in a
21 regularly scheduled performance audit;
22 (d) Assignment to the Office of Program Policy
23 Analysis and Government Accountability for special audit or
24 review;
25 (c)(e) Assignment to committee staff; or
26 (d)(f) Rejection as being an unnecessary or
27 inappropriate application of legislative resources.
28 (6) The committee may at any time, without regard to
29 whether the Legislature is in session, take under
30 investigation any matter within the scope of an audit either
31 completed or then being conducted by the Office of Government
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SCR 2798
302-2520-03
1 Accountability Auditor General or the Office of Program Policy
2 Analysis and Government Accountability, and in connection with
3 such investigation may exercise the powers of subpoena by law
4 vested in a standing committee of the Legislature.
5 (7) The chair and alternating chair of the committee
6 shall be permitted to file legislation in their respective
7 chambers to implement recommendations made by the committee
8 concerning opportunities to improve management of entities
9 audited by the Office of Government Accountability.
10 Notwithstanding the Rules of the Florida Senate or the Rules
11 of the Florida House of Representatives, any legislation filed
12 by the chair or alternating chair on behalf of the committee
13 are not to be considered member bills or counted within the
14 limitation of member bills. The committee shall review the
15 performance of the director of the Office of Program Policy
16 Analysis and Government Accountability every 4 years and shall
17 submit a report to the Legislature recommending whether the
18 director should be reappointed. A vacancy in the office must
19 be filled in the same manner as the original appointment.
20
21 JOINT RULE FIVE
22 Office of Government Accountability AUDITOR GENERAL
23 5.1--Rulemaking authority
24 The Auditor General shall make and enforce reasonable
25 rules and regulations necessary to facilitate audits that the
26 Office of Government Accountability he or she is authorized to
27 perform, including, but not limited to, rules relating to
28 examinations, policy analyses, program evaluations and
29 justification reviews, reviews, and other engagements.
30 5.2--Budget and accounting
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SCR 2798
302-2520-03
1 (1) The Auditor General shall prepare and submit
2 annually to the President of the Senate and the Speaker of the
3 House of Representatives for their joint approval a proposed
4 budget for the Office of Government Accountability for the
5 ensuing fiscal year.
6 (2) Within the limitations of the approved operating
7 budget, the salaries and expenses of the Office of Government
8 Accountability Auditor General and the staff of the Auditor
9 General shall be paid from the appropriation for legislative
10 expense or any other moneys appropriated by the Legislature
11 for that purpose. The Auditor General shall approve all bills
12 for salaries and expenses for the Office of Government
13 Accountability his or her staff before the same shall be paid.
14 5.3--Audit report distribution
15 (1) A copy of each audit report shall be submitted to
16 the Governor, to the Chief Financial Officer Comptroller, and
17 to the officer or person in charge of the state agency or
18 political subdivision audited. One copy shall be filed as a
19 permanent public record in the Office of Government
20 Accountability the Auditor General. In the case of county
21 reports, one copy of the report of each county office, school
22 district, or other district audited shall be submitted to the
23 board of county commissioners of the county in which the audit
24 was made and shall be filed in the office of the clerk of the
25 circuit court of that county as a public record. When an audit
26 is made of the records of the district school board, a copy of
27 the audit report shall also be filed with the district school
28 board, and thereupon such report shall become part of the
29 public records of such board.
30
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SCR 2798
302-2520-03
1 (2) A copy of each audit report shall be made
2 available to each member of the Legislative Auditing
3 Committee.
4 (3) The Office of Government Accountability Auditor
5 General shall transmit a copy of each audit report to the
6 appropriate substantive and fiscal committees of the Senate
7 and House of Representatives.
8 (4) Other copies may be furnished to other persons
9 who, as in the opinion of the Office of Government
10 Accountability Auditor General, are directly interested in the
11 audit or who have a duty to perform in connection therewith.
12 (5) The Auditor General shall annually transmit by
13 December 1 to the President of the Senate, and the Speaker of
14 the House of Representatives, and the Legislative Auditing
15 Committee, by December 1 of each year, a list of statutory and
16 fiscal changes recommended by its audit reports. The
17 recommendations shall be presented in two reports categories:
18 one report addressing substantive law and policy issues and
19 the other report addressing fiscal budget issues. The Auditor
20 General shall also transmit specific recommendations that
21 require legislative action to the appropriate substantive and
22 fiscal committees. The Auditor General shall include draft
23 legislation and recommended proviso, if necessary. The Auditor
24 General may also transmit recommendations at other times of
25 the year when the information would be timely and useful for
26 the Legislature.
27 (6) The Auditor General shall annually transmit by
28 December 1 to the Legislative Auditing Committee a list of
29 recommendations made by the office within the previous 12
30 months concerning the management of entities which should be
31 brought to the attention of the Legislature. The committee may
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SCR 2798
302-2520-03
1 conduct hearings concerning the recommendations that were not
2 implemented and take action as appropriate.
3
4 JOINT RULE SIX
5 OFFICE OF PROGRAM POLICY
6 ANALYSIS AND GOVERNMENT ACCOUNTABILITY
7 6.1--Responsibilities of the director
8 (1) The director may adopt and enforce reasonable
9 rules necessary to facilitate the studies, reviews, and
10 reports that the office is authorized to perform.
11 (2) The director shall prepare and submit annually to
12 the President of the Senate and the Speaker of the House of
13 Representatives for their joint approval the annual projected
14 work plan of the office in conjunction with a proposed
15 operating budget for the ensuing fiscal year.
16 (3) Within the monetary limitations of the approved
17 operating budget, the salaries and expenses of the director
18 and the staff of the Office of Program Policy Analysis and
19 Government Accountability shall be paid from the appropriation
20 for legislative expense or any other moneys appropriated by
21 the Legislature for that purpose. The director shall approve
22 all bills for salaries and expenses before the same shall be
23 paid.
24 (4) Within the monetary limitations of the approved
25 operating budget, the director shall make all spending
26 decisions, including entering into contracts on behalf of the
27 Office of Program Policy Analysis and Government
28 Accountability.
29 (5) The director shall transmit to the President of
30 the Senate and the Speaker of the House of Representatives, by
31 December 1 of each year, a list of statutory and fiscal
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SCR 2798
302-2520-03
1 changes recommended by office reports. The recommendations
2 shall be presented in two categories: one addressing
3 substantive law and policy issues and the other addressing
4 budget issues. The director may also transmit recommendations
5 at other times of the year when the information would be
6 timely and useful for the Legislature.
7
8 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
9 SCR 2798
10
11 The Committee Substitute makes minor changes in the amended
duties of the Office of Governmental Accountability on the
12 timing and nature of the reports submitted to the Legislature.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
7
CODING: Words stricken are deletions; words underlined are additions.