Senate Bill sb2798c1

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    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11  the Florida Legislature is repealed: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  

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    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

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    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  

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    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  

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    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

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    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

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    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.

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