Senate Bill sb1160c2

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    Florida Senate - 2004                    CS for CS for SB 1160

    By the Committees on Appropriations; and Governmental
    Oversight and Productivity




    309-2361-04

  1                      A bill to be entitled

  2         An act relating to advisory bodies,

  3         commissions, and boards of trustees; amending

  4         s. 20.052, F.S.; providing legislative findings

  5         that it is in the public interest to

  6         periodically review advisory bodies,

  7         commissions, boards, and other collegial bodies

  8         in the executive branch; providing definitions;

  9         revising requirements for the establishment and

10         maintenance of executive collegial bodies;

11         requiring each executive agency to periodically

12         report certain information and make

13         recommendations to the Executive Office of the

14         Governor concerning executive collegial bodies;

15         providing exemptions to the recommendation

16         requirement; requiring the Executive Office of

17         the Governor to report to the Legislature;

18         providing for substantive committees within the

19         Legislature to review the reports and

20         recommendations of the executive branch;

21         conforming provisions; providing an effective

22         date.

23  

24  Be It Enacted by the Legislature of the State of Florida:

25  

26         Section 1.  Section 20.052, Florida Statutes, is

27  amended to read:

28         20.052  Creation, maintenance, and review of advisory

29  bodies, boards of trustees, and commissions, boards;

30  establishment.--

31  

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    Florida Senate - 2004                    CS for CS for SB 1160
    309-2361-04




 1         (1)  The Legislature finds it to be in the public

 2  interest to conduct a periodic and systematic review of the

 3  need for, and the benefits derived from, advisory bodies,

 4  boards of trustees, commissions, and other collegial bodies in

 5  the executive branch.

 6         (2)  As used in this section, the term:

 7         (a)  "Advisory body" means any entity defined in s.

 8  20.03(7), (8), or (9) or any group, by whatever name, created

 9  to provide advice or recommendations to one or more executive

10  agencies.

11         (b)  "Executive agency" means a department as defined

12  in s. 20.03(2), the Agency for Workforce Innovation, the

13  Executive Office of the Governor, the Fish and Wildlife

14  Conservation Commission, the Parole Commission, or the State

15  Board of Administration.

16         (c)  "Direct costs" means the costs of an advisory

17  body, board of trustees, commission, or other collegial body

18  for which the agency receives a specific appropriation.

19         (d)  "Indirect costs" means the costs of an advisory

20  body, board of trustees, commission, or other collegial body

21  for which an appropriation is not specifically made and which

22  are funded by the executive agency's existing appropriations

23  and resources.

24         (3)  Each advisory body, board of trustees, commission,

25  board of trustees, or any other collegial body in the

26  executive branch created by specific statutory enactment as an

27  adjunct to an executive agency must be established, reviewed,

28  and evaluated, or maintained in accordance with the following

29  provisions:

30  

31  

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    Florida Senate - 2004                    CS for CS for SB 1160
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 1         (a)(1)  It may be created only when it is found to be

 2  necessary and beneficial to the furtherance of a public

 3  purpose, and.

 4         (2)  it must be terminated by the Legislature when it

 5  is no longer necessary and beneficial to the furtherance of

 6  that a public purpose. The executive agency to which the

 7  advisory body, commission, board of trustees, or other

 8  collegial body is made an adjunct must advise the Legislature

 9  at the time the advisory body, commission, board of trustees,

10  or other collegial body ceases to be essential to the

11  furtherance of a public purpose.

12         (3)  The Legislature and the public must be kept

13  informed of the numbers, purposes, memberships, activities,

14  and expenses of advisory bodies, commissions, boards of

15  trustees, and other collegial bodies established as adjuncts

16  to executive agencies.

17         (4)  An advisory body, commission, board of trustees,

18  and other collegial body may not be created or reestablished

19  unless:

20         (a)  It meets a statutorily defined purpose;

21         (b)  Its powers and responsibilities must conform with

22  the definitions for governmental units in s. 20.03.;

23         (c)  Its members, unless expressly provided otherwise

24  in the State Constitution, must be are appointed to for 4-year

25  staggered terms that may not exceed 4 years.; and

26         (d)  Its members must be appointed by:

27         1.  The Governor, the head of a department, the

28  executive director of a department, or a Cabinet officer,

29  unless otherwise provided by law, in the case of an advisory

30  body; or

31  

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    Florida Senate - 2004                    CS for CS for SB 1160
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 1         2.  The Governor, unless otherwise provided by law, and

 2  must be confirmed by the Senate and be subject to the

 3  prohibition against dual officeholding under s. 5(a), Art. II

 4  of the State Constitution, in the case of a commission or

 5  board of trustees.

 6         (e)(d)  Its members, unless expressly provided

 7  otherwise by statute, must specific statutory enactment, serve

 8  without additional compensation or honorarium, and may are

 9  authorized to receive only per diem and reimbursement for

10  travel expenses as provided in s. 112.061.

11         (5)(a)  The private citizen members of an advisory body

12  that is adjunct to an executive agency must be appointed by

13  the Governor, the head of the department, the executive

14  director of the department, or a Cabinet officer.

15         (b)  The private citizen members of a commission or

16  board of trustees that is adjunct to an executive agency must

17  be appointed by the Governor unless otherwise provided by law,

18  must be confirmed by the Senate, and must be subject to the

19  dual-office-holding prohibition of s. 5(a), Art. II of the

20  State Constitution.

21         (f)(c)  Its meetings, unless an exemption is otherwise

22  specifically provided by law, all meetings of an advisory

23  body, commission, board of trustees, or other collegial body

24  adjunct to an executive agency are public meetings under s.

25  286.011. Minutes, including a record of all votes cast, must

26  be maintained for all meetings.

27         (g)(d)  If an advisory body, commission, board of

28  trustees, or other collegial body that is adjunct to an

29  executive agency is abolished, its records must be

30  appropriately stored, within 30 days after the effective date

31  of its abolition, by the executive agency to which it was

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    Florida Senate - 2004                    CS for CS for SB 1160
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 1  adjunct or within, and any property assigned to it must be

 2  reclaimed by the executive agency. The advisory body,

 3  commission, board of trustees, or other collegial body may not

 4  perform Any Activities may not be performed after the

 5  effective date of its abolition.

 6         (4)(a)  On July 15, 2005, and annually thereafter, each

 7  executive agency shall submit the following information to the

 8  Executive Office of the Governor for each advisory body, board

 9  of trustees, commission, or other collegial body adjunct to or

10  within the executive agency:

11         1.  Identification of each entity and the legal

12  authority therefor.

13         2.  Identification of each entity's number of members,

14  the appointment method for the entity's members, the date of

15  each member's appointment, and any membership positions not

16  currently filled.

17         3.  Identification of each entity's direct and indirect

18  costs, staff positions, dates of meetings, and major

19  accomplishments in furtherance of the entity's public purpose

20  during the previous fiscal year.

21         (b)  On July 15, 2005, and every 4 years thereafter,

22  beginning on July 15, 2009, the submission required by

23  paragraph (a) shall also include for each statutorily

24  authorized entity a recommendation, and reasoning therefor, as

25  to whether the entity should be continued, revised, or

26  abolished. Before submitting a recommendation to revise or

27  abolish an entity, the executive agency shall provide each of

28  the entity's members notice regarding the recommendation and

29  an opportunity to be heard by the agency head or his or her

30  designee. A written summary of member comments regarding the

31  recommendation must be included with the executive agency's

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    Florida Senate - 2004                    CS for CS for SB 1160
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 1  recommendation required by this paragraph. This paragraph does

 2  not apply to entities defined in s. 20.03(8), entities

 3  statutorily created for the purpose of regulating a profession

 4  or occupation, and direct-support and citizen support

 5  organizations.

 6         (c)  The Executive Office of the Governor shall compile

 7  the information required by paragraphs (a) and (b) into a

 8  written report and submit the report to the President of the

 9  Senate and the Speaker of the House of Representatives on

10  August 15, 2005, and annually thereafter.

11         (5)  Each appropriate substantive committee within the

12  Senate and the House of Representatives shall review those

13  portions of the report required by paragraph (4)(c) which

14  pertain to the advisory bodies, boards of trustees,

15  commissions, or other collegial bodies within the committee's

16  jurisdiction and, if the report:

17         (a)  Indicates that a statutorily authorized entity has

18  failed to meet at least once during the previous fiscal year,

19  the committee shall review the continued necessity for the

20  entity and provide a recommendation before the next regular

21  legislative session as to whether the entity should be

22  continued, revised, or abolished; or

23         (b)  Sets forth an executive agency recommendation

24  provided pursuant to paragraph (4)(b) to revise or abolish an

25  entity, the committee shall review the continued necessity for

26  the entity and provide a recommendation before the next

27  regular legislative session as to whether the proposed

28  revision or abolition should be implemented, amended, or

29  rejected.

30         (6)  This section does not affect the right to

31  institute or prosecute any cause of action by or against an

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    Florida Senate - 2004                    CS for CS for SB 1160
    309-2361-04




 1  abolished advisory body, board of trustees, commission, board

 2  of trustees, or other collegial body that was adjunct to or

 3  within an executive agency if the cause of the action accrued

 4  before the date it was abolished. Any cause of action pending

 5  on the date the advisory body, board of trustees, commission,

 6  board of trustees, or other collegial body is abolished, or

 7  instituted thereafter, must be prosecuted or defended in the

 8  name of the state by the Department of Legal Affairs.

 9         Section 2.  This act shall take effect July 1, 2004.

10  

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                          CS for SB 1160

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14  The committee substitute corrects the bill to reflect the
    constitutional provision that limits terms of office to no
15  more than four years and adds that an appointing authority for
    an advisory body may be as provided by law.
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