Senate Bill sb1140

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    Florida Senate - 2005                                  SB 1140

    By Senator Argenziano





    3-892A-05

  1                      A bill to be entitled

  2         An act relating to executive branch collegial

  3         bodies; amending s. 20.052, F.S.; providing

  4         legislative findings that it is in the public

  5         interest to periodically review collegial

  6         bodies in the executive branch; providing

  7         definitions; revising requirements for the

  8         establishment and maintenance of executive

  9         collegial bodies; requiring each executive

10         agency to periodically report certain

11         information and make recommendations to the

12         Executive Office of the Governor concerning

13         executive collegial bodies; providing

14         exemptions to the recommendation requirement;

15         requiring the Executive Office of the Governor

16         to report to the Legislature; providing for

17         substantive committees within the Legislature

18         to review the reports and recommendations of

19         the executive branch; conforming provisions;

20         providing an effective date.

21  

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

23  

24         Section 1.  Section 20.052, Florida Statutes, is

25  amended to read:

26         20.052  Creation, maintenance, and review of executive

27  branch collegial advisory bodies, commissions, boards;

28  establishment.--

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

30  interest to conduct a periodic and systematic review of the

31  

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    Florida Senate - 2005                                  SB 1140
    3-892A-05




 1  need for, and the benefits derived from, executive branch

 2  collegial bodies.

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

 4         (a)  "Collegial body" means any body of persons, by

 5  whatever name, which is adjunct to an executive agency and

 6  which has a common purpose or duties.

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

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

 9  Executive Office of the Governor, the Fish and Wildlife

10  Conservation Commission, the Parole Commission, or the State

11  Board of Administration.

12         (c)  "Direct costs" means the costs of a collegial body

13  for which the executive agency receives a specific

14  appropriation.

15         (d)  "Indirect costs" means the costs of a collegial

16  body for which an appropriation is not specifically made and

17  which are funded by the executive agency's existing

18  appropriations and resources.

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

20  or any other collegial body created by specific statutory

21  enactment as an adjunct to an executive agency must be

22  established, reviewed, and evaluated, or maintained in

23  accordance with the following provisions:

24         (a)(1)  It may be created only when it is found to be

25  necessary and beneficial to the furtherance of a public

26  purpose, and.

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

28  is no longer necessary and beneficial to the furtherance of

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

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

31  collegial body is made an adjunct must advise the Legislature

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    Florida Senate - 2005                                  SB 1140
    3-892A-05




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

 2  or other collegial body ceases to be essential to the

 3  furtherance of a public purpose.

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

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

 6  and expenses of advisory bodies, commissions, boards of

 7  trustees, and other collegial bodies established as adjuncts

 8  to executive agencies.

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

10  and other collegial body may not be created or reestablished

11  unless:

12         (a)  It meets a statutorily defined purpose;

13         (b)  Its powers and responsibilities must conform with

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

15         (c)  Its members, unless expressly provided otherwise

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

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

18         (d)  Its members must be appointed by:

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

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

21  unless otherwise provided by law, in the case of a collegial

22  body other than a commission or board of trustees; or

23         2.  The Governor, unless otherwise provided by law, and

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

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

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

27  board of trustees.

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

29  otherwise by statute, must specific statutory enactment, serve

30  without additional compensation or honorarium, and may are

31  

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    Florida Senate - 2005                                  SB 1140
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 1  authorized to receive only per diem and reimbursement for

 2  travel expenses as provided in s. 112.061.

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

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

 5  the Governor, the head of the department, the executive

 6  director of the department, or a Cabinet officer.

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

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

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

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

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

12  State Constitution.

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

14  specifically provided by law, all meetings of an advisory

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

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

17  286.011. Minutes, including a record of all votes cast, must

18  be maintained for all meetings.

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

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

21  executive agency is abolished, its records must be

22  appropriately stored, within 30 days after the effective date

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

24  adjunct, and any property assigned to it must be reclaimed by

25  the executive agency. The advisory body, commission, board of

26  trustees, or other collegial body may not perform Any

27  Activities may not be performed after the effective date of

28  its abolition.

29         (4)(a)  On July 15, 2006, and annually thereafter, each

30  executive agency shall submit the following information to the

31  

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    Florida Senate - 2005                                  SB 1140
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 1  Executive Office of the Governor for each collegial body

 2  adjunct to the executive agency:

 3         1.  Identification of each collegial body and the legal

 4  authority therefor.

 5         2.  Identification of each collegial body's number of

 6  members, the appointment method for those members, the date of

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

 8  currently filled.

 9         3.  Identification of each collegial body's direct and

10  indirect costs, staff positions, dates of meetings, and major

11  accomplishments in furtherance of the collegial body's public

12  purpose during the previous fiscal year.

13         (b)  On July 15, 2006, and every 4 years thereafter,

14  beginning on July 15, 2010, the submission required by

15  paragraph (a) shall also include for each statutorily

16  authorized collegial body a recommendation, and reasoning

17  therefor, as to whether the collegial body should be

18  continued, revised, or abolished. Before submitting a

19  recommendation to revise or abolish a collegial body, the

20  executive agency shall provide each of the collegial body's

21  members notice regarding the recommendation and an opportunity

22  to be heard by the agency head or his or her designee. A

23  written summary of member comments regarding the

24  recommendation must be included with the executive agency's

25  recommendation required by this paragraph. This paragraph does

26  not apply to collegial bodies defined in s. 20.03(8),

27  collegial bodies statutorily created for the purpose of

28  regulating a profession or occupation, and direct-support,

29  citizen support, and health services support organizations.

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

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

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    Florida Senate - 2005                                  SB 1140
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 1  written report and submit the report to the President of the

 2  Senate and the Speaker of the House of Representatives on

 3  August 15, 2006, and annually thereafter.

 4         (5)  Each appropriate substantive committee within the

 5  Senate and the House of Representatives shall review those

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

 7  pertain to collegial bodies within the committee's

 8  jurisdiction and, if the report:

 9         (a)  Indicates that a statutorily authorized collegial

10  body has failed to meet at least once during the previous

11  fiscal year, the committee shall review the continued

12  necessity for the collegial body and provide a recommendation

13  before the next regular legislative session as to whether the

14  collegial body should be continued, revised, or abolished; or

15         (b)  Sets forth an executive agency recommendation

16  provided pursuant to paragraph (4)(b) to revise or abolish a

17  collegial body, the committee shall review the continued

18  necessity for the collegial body and provide a recommendation

19  before the next regular legislative session as to whether the

20  proposed revision or abolition should be implemented, amended,

21  or rejected.

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

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

24  abolished advisory body, commission, board of trustees, or

25  other collegial body that was adjunct to an executive agency

26  if the cause of the action accrued before the date it was

27  abolished. Any cause of action pending on the date the

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

29  collegial body is abolished, or instituted thereafter, must be

30  prosecuted or defended in the name of the state by the

31  Department of Legal Affairs.

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    Florida Senate - 2005                                  SB 1140
    3-892A-05




 1         Section 2.  This act shall take effect July 1, 2005.

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 3            *****************************************

 4                          SENATE SUMMARY

 5    Revises the requirements for establishing and maintaining
      executive branch collegial bodies that are adjunct to
 6    executive agencies. Requires the executive agencies to
      report certain information and make recommendations to
 7    the Executive Office of the Governor every 4 years
      concerning that agency's collegial bodies. Requires the
 8    Executive Office of the Governor to report to the
      Legislature. Requires the Legislature to review the
 9    recommendations of the executive branch. (See bill for
      details.)
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