HB 1123

CS

CHAMBER ACTION

1	The Governmental Operations Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to government accountability; creating ch.
7	21, F.S., the Florida Government Accountability Act;
8	providing definitions; creating the Legislative Sunset
9	Advisory Committee; providing for appointment,
10	qualifications, and terms of committee members; providing
11	for vacancies; providing for organization and procedure;
12	authorizing reimbursement for certain expenses; providing
13	for employment of staff; providing a schedule for
14	abolishing state agencies and advisory committees;
15	requiring the committee to conduct prior review and
16	recommend whether to abolish an agency and its advisory
17	committees as scheduled; providing for public hearings;
18	requiring agency and committee reports; providing review
19	criteria; specifying recommendation options; providing for
20	continuation, by law, under certain circumstances;
21	providing for legislative consideration of proposals with
22	respect to such recommendations; providing procedures
23	after termination; providing for issuance of subpoenas;
24	authorizing reimbursement for travel and per diem for
25	witnesses; providing for assistance of and access to state
26	agencies; providing applicability with respect to certain
27	rights, penalties, liabilities, and proceedings; providing
28	for review of proposed legislation creating a new agency
29	or advisory committee; providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Chapter 21, Florida Statutes, consisting of
34	sections 21.001, 21.002, 21.003, 21.004, 21.005, 21.006, 21.007,
35	21.008, 21.009, 21.0111, 21.012, 21.0125, 21.013, 21.015,
36	21.016, 21.017, 21.018, 21.019, 21.0211, and 21.022, is created
37	to read:
38	CHAPTER 21
39	GOVERNMENT ACCOUNTABILITY
40	21.001  Short title.--This chapter may be cited as the
41	"Florida Government Accountability Act."
42	21.002  Definitions.--As used in this chapter:
43	(1)  "State agency" or "agency" means a department as
44	defined in s. 20.03(2) or any other administrative unit of state
45	government scheduled for termination and prior review under this
46	chapter.
47	(2)  "Advisory committee" means any examining and licensing
48	board, council, advisory council, committee, task force,
49	coordinating council, commission, or board of trustees as
50	defined in s. 20.03(3), (7), (8), (9), (10), or (12) or any
51	group, by whatever name, created to provide advice or
52	recommendations to one or more agencies, departments, divisions,
53	bureaus, boards, sections, or other units or entities of state
54	government.
55	(3)  "Committee" means the Legislative Sunset Advisory
56	Committee.
57	21.003  Legislative Sunset Advisory Committee.--
58	(1)  The Legislative Sunset Advisory Committee is created
59	and shall consist of five members of the Senate, one public
60	member appointed by the President of the Senate, and five
61	members of the House of Representatives, and one public member
62	appointed by the Speaker of the House of Representatives. Each
63	appointing authority may designate himself or herself as one of
64	the legislative appointees.
65	(2)  An individual is not eligible for appointment as a
66	public member if the individual or the individual's spouse is:
67	(a)  Regulated by a state agency that the committee will
68	review during the term for which the individual would serve; or
69	(b)  Employed by, participates in the management of, or
70	directly or indirectly has more than a 10-percent interest in a
71	business entity or other organization regulated by a state
72	agency the committee will review during the term for which the
73	individual would serve.
74	(3)  It is a ground for removal of a public member from the
75	committee if the member does not have the qualifications
76	required by subsection (2) for appointment to the committee at
77	the time of appointment or does not maintain the qualifications
78	while serving on the committee. The validity of the committee's
79	action is not affected by the fact that it was taken when a
80	ground for removal of a public member from the committee
81	existed.
82	(4)  Legislative and public members shall serve terms of 2
83	years. A public member may not serve more than two consecutive
84	2-year terms; and, for purposes of this prohibition, a member is
85	considered to have served a term only if the member has served
86	more than half of the term.
87	(5)  Initial appointments shall be made not later than
88	November 30, 2006, and subsequent appointments shall be made not
89	later than January 15 of the year following each organization
90	session of the Legislature.
91	(6)  If a legislative member ceases to be a member of the
92	house from which he or she was appointed, the member vacates his
93	or her membership on the committee.
94	(7)  If a vacancy occurs, the appropriate appointing
95	authority shall appoint a person to serve for the remainder of
96	the unexpired term in the same manner as the original
97	appointment.
98	(8)  The committee shall have a chair and vice chair as
99	presiding officers. The chair and vice chair must alternate each
100	year between the two membership groups appointed by the
101	President of the Senate and the Speaker of the House of
102	Representatives. The chair and vice chair may not be from the
103	same membership group. The President of the Senate shall
104	designate a presiding officer from his appointed membership
105	group who shall preside as chair during the odd-numbered year
106	and as vice chair during the even-numbered year, and the Speaker
107	of the House of Representatives shall designate the other
108	presiding officer from his appointed membership group who shall
109	preside as chair during the even-numbered year and as vice chair
110	during the odd-numbered year.
111	(9)  Seven members of the committee constitute a quorum. A
112	final action or recommendation may not be made unless approved
113	by a recorded vote of a majority of the committee's full
114	membership.
115	(10)  Each member of the committee is entitled to
116	reimbursement for actual and necessary expenses incurred in
117	performing committee duties. Each legislative member is entitled
118	to reimbursement from the appropriate fund of the member's
119	respective house. Each public member is entitled to
120	reimbursement from funds appropriated for use by the committee.
121	21.004  Staff.--The Senate and the House of Representatives
122	may each employ staff to work for the chair and vice chair of
123	the committee on matters related to committee activities.
124	21.005  Schedule for abolishing state agencies and advisory
125	committees.--The following state agencies, including their
126	advisory committees, or the following advisory committees of
127	agencies are abolished according to the following schedule:
128	(1)  Abolished July 1, 2008:
129	(a)  Advisory committees for the Fish and Wildlife
130	Conservation Commission.
131	(b)  Department of Agriculture and Consumer Services.
132	(c)  Department of Citrus, including the Citrus Commission.
133	(d)  Department of Community Affairs.
134	(e)  Department of Environmental Protection.
135	(f)  Department of Highway Safety and Motor Vehicles.
136	(g)  Water managements districts.
137	(2)  Abolished July 1, 2009:
138	(a)  Department of Children and Family Services.
139	(b)  Department of the Lottery.
140	(c)  Department of Management Services.
141	(d)  Department of State.
142	(3)  Abolished July 1, 2010:
143	(a)  Advisory committees for the Florida Community College
144	System.
145	(b)  Advisory committees for the State University System.
146	(c)  Agency for Workforce Innovation.
147	(d)  Department of Education.
148	(4)  Abolished July 1, 2011:
149	(a)  Agency for Health Care Administration.
150	(b)  Agency for Persons with Disabilities.
151	(c)  Department of Elderly Affairs.
152	(d)  Department of Health.
153	(5)  Abolished July 1, 2012:
154	(a)  Department of Business and Professional Regulation.
155	(b)  Department of Transportation.
156	(c)  Department of Veterans' Affairs.
157	(6)  Abolished July 1, 2013:
158	(a)  Advisory committees for the State Board of
159	Administration.
160	(b)  Department of Financial Services, including the
161	Financial Services Commission.
162	(c)  Department of Revenue.
163	(7)  Abolished July 1, 2014:
164	(a)  Department of Corrections.
165	(b)  Department of Juvenile Justice.
166	(c)  Department of Law Enforcement.
167	(d)  Department of Legal Affairs.
168	(e)  Justice Administrative Commission.
169	(f)  Parole Commission.
170	(8)  Abolished July 1, 2015:
171	(a)  Executive Office of the Governor.
172	(b)  Florida Public Service Commission.
173	21.006  Agency report to committee.--Not later than October
174	30 of each even-numbered year and not later than July 31 of each
175	odd-numbered year of the year preceding the year in which a
176	state agency and its advisory committees are scheduled to be
177	abolished, the agency shall report to the committee:
178	(1)  Information regarding the application to the agency of
179	the criteria in s. 21.0111.
180	(2)  Any other information that the agency considers
181	appropriate or that is requested by the committee.
182	21.007  Committee duties.--Not later than March 1 of the
183	year in which a state agency is scheduled to be abolished, the
184	committee shall:
185	(1)  Review and take action necessary to verify the reports
186	submitted by the agency under s. 21.006.
187	(2)  Consult with the Legislative Budget Commission, the
188	Planning and Budgeting Office in the Executive Office of the
189	Governor, the Auditor General, and the Chief Financial Officer,
190	or their successors, on the application to the agency of the
191	criteria provided in s. 21.0111.
192	(3)  Conduct a performance evaluation of the agency based
193	on the criteria provided in s. 21.0111 and prepare a written
194	report.
195	(4)  Review the implementation of committee recommendations
196	contained in the reports presented to the Legislature during the
197	preceding legislative session.
198	21.008  Public hearings.--Not later than March 1 of the
199	year in which a state agency and its advisory committees are
200	scheduled to be abolished, the committee shall have finished
201	conducting all public hearings concerning, but not limited to,
202	the application to the agency and its advisory committees of the
203	criteria provided in s. 21.0111.
204	21.009  Committee report.--
205	(1)  By March 1 of each year, the committee shall present
206	to the President of the Senate, the Speaker of the House of
207	Representatives, and the Governor a report on the agencies and
208	advisory committees scheduled to be abolished that year.
209	(2)  In the report, the committee shall include:
210	(a)  Its specific findings regarding each of the criteria
211	prescribed by s. 21.0111.
212	(b)  Its recommendations based on the matters prescribed by
213	s. 21.012.
214	(c)  Other information the committee considers necessary
215	for a complete evaluation of each agency and its advisory
216	committees.
217	21.0111  Criteria for review.--The committee shall consider
218	the following criteria in determining whether a public need
219	exists for the continuation of a state agency or its advisory
220	committees or for the performance of the functions of the agency
221	or its advisory committees:
222	(1)  The efficiency with which the agency or advisory
223	committee operates.
224	(2)  An identification of the objectives intended for the
225	agency or advisory committee and the problem or need that the
226	agency or advisory committee was intended to address, the extent
227	to which the objectives have been achieved, and any activities
228	of the agency in addition to those granted by statute and the
229	authority for these activities.
230	(3)  An assessment of less restrictive or alternative
231	methods of providing any regulatory function for which the
232	agency is responsible while adequately protecting the public.
233	(4)  The extent to which the advisory committee is needed
234	and is used.
235	(5)  The extent to which the jurisdiction of the agency and
236	the programs administered by the agency overlap or duplicate
237	those of other agencies and the extent to which the programs
238	administered by the agency can be consolidated with the programs
239	of other state agencies.
240	(6)  Whether the agency has recommended to the Legislature
241	statutory changes calculated to be of benefit to the public
242	rather than to an occupation, business, or institution that the
243	agency regulates.
244	(7)  The promptness and effectiveness with which the agency
245	disposes of complaints concerning persons affected by the
246	agency.
247	(8)  The extent to which the agency has encouraged
248	participation by the public in making its rules and decisions as
249	opposed to participation solely by those it regulates and the
250	extent to which the public participation has resulted in rules
251	compatible with the objectives of the agency.
252	(9)  The extent to which the agency has complied with
253	applicable requirements of:
254	(a)  An agency of the Federal Government or of this state
255	regarding equality of employment opportunity and the rights and
256	privacy of individuals.
257	(b)  State law and applicable rules of any state agency
258	regarding purchasing goals and programs for historically
259	underutilized businesses.
260	(10)  The extent to which changes are necessary in the
261	enabling statutes of the agency so that the agency can
262	adequately comply with the criteria listed in this section.
263	(11)  The extent to which the agency issues and enforces
264	rules relating to potential conflicts of interest of its
265	employees.
266	(12)  The extent to which the agency complies with public
267	records and public meetings requirements under chapters 119 and
268	287 and s. 24, Art. I of the State Constitution and follows
269	records management practices that enable the agency to respond
270	efficiently to requests for public information.
271	(13)  The effect of federal intervention or loss of federal
272	funds if the agency is abolished.
273	(14)  Whether any advisory committee or any other part of
274	the agency exercises its powers and duties independently of the
275	direct supervision of the agency head in violation of s. 6, Art.
276	IV of the State Constitution.
277	21.012  Recommendations.--In its report on a state agency,
278	the committee shall:
279	(1)  Make recommendations on the abolition, continuation,
280	or reorganization of each affected state agency and its advisory
281	committees and on the need for the performance of the functions
282	of the agency and its advisory committees.
283	(2)  Make recommendations on the consolidation, transfer,
284	or reorganization of programs within state agencies not under
285	review when the programs duplicate functions performed in
286	agencies under review.
287	(3)  Recommend appropriation levels for each state agency
288	and advisory committee for which abolition or reorganization is
289	recommended under subsection (1) or subsection (2).
290	(4)  Include drafts of legislation necessary to carry out
291	the committee's recommendations under subsection (1) or
292	subsection (2).
293	21.0125  Monitoring of recommendations.--During each
294	legislative session, the staff of the committee shall monitor
295	legislation affecting agencies that have undergone review under
296	this chapter and shall periodically report to the members of the
297	committee on proposed changes that would modify prior
298	recommendations of the committee.
299	21.013  Abolition of advisory committees.--An advisory
300	committee is abolished on the date set for abolition of the
301	agency unless the advisory committee is expressly continued by
302	law.
303	21.015  Continuation by law.--
304	(1)  During the regular session immediately before a state
305	agency and its advisory committees are scheduled to be
306	abolished, the Legislature, by law, may continue the agency or
307	any of its advisory committees for a period not to exceed 8
308	years.
309	(2)  This chapter does not prohibit the Legislature from:
310	(a)  Abolishing a state agency or advisory committee on a
311	date earlier than that scheduled in this chapter; or
312	(b)  Considering any other legislation relative to a state
313	agency or advisory committee scheduled to be abolished under
314	this chapter.
315	21.016  Legislative consideration.--
316	(1)  Except as provided by subsection (2), the Legislature
317	may not consider in one bill the continuation, transfer, or
318	modification of more than one state agency and the agency's
319	functions and advisory committees.
320	(2)  If more than one agency, advisory committee, or
321	function is to be consolidated, the Legislature may consider in
322	one bill only the agencies or advisory committees to be
323	consolidated.
324	(3)  A bill to continue a state agency, to transfer its
325	functions, or to consolidate it with another agency must mention
326	the affected agencies in the title of the bill.
327	21.017  Procedure after termination.--
328	(1)  A state agency that is abolished may continue in
329	existence until July 1 of the following year to conclude its
330	business. Unless the law provides otherwise, abolishment does
331	not reduce or otherwise limit the powers and authority of the
332	state agency during the concluding year. A state agency is
333	terminated and shall cease all activities at the expiration of
334	the 1-year period. Unless the law provides otherwise, all rules
335	that have been adopted by the state agency expire at the
336	expiration of the 1-year period.
337	(2)  Any unobligated and unexpended appropriations of an
338	abolished agency or advisory committee lapse on July 1 of the
339	year following abolishment.
340	(3)  Except as provided by subsection (5) or as otherwise
341	provided by law, all money in a dedicated fund of an abolished
342	state agency or advisory committee on July 1 of the year
343	immediately following abolishment is transferred to the General
344	Revenue Fund. The part of the law dedicating the money to a
345	specific fund of an abolished agency becomes void on July 1 of
346	the year immediately following abolishment.
347	(4)  If not otherwise provided by law, property and records
348	in the custody of an abolished state agency or advisory
349	committee on July 1 of the year immediately following
350	abolishment shall be transferred to the Department of Management
351	Services.
352	(5)  The Legislature recognizes the state's continuing
353	obligation to pay bonded indebtedness and all other obligations,
354	including lease, contract, and other written obligations,
355	incurred by a state agency abolished under this chapter, and
356	this chapter does not impair or impede the payment of bonded
357	indebtedness and all other obligations, including lease,
358	contract, and other written obligations, in accordance with
359	their terms. If an abolished state agency has outstanding bonded
360	indebtedness or other outstanding obligations, including lease,
361	contract, and other written obligations, the bonds and all other
362	obligations, including lease, contract, and other written
363	obligations, remain valid and enforceable in accordance with
364	their terms and subject to all applicable terms and conditions
365	of the laws and proceedings authorizing the bonds and all other
366	obligations, including lease, contract, and other written
367	obligations. If not otherwise provided by law, the Department of
368	Management Services shall continue to carry out all covenants
369	contained in the bonds and in all other obligations, including
370	lease, contract, and other written obligations, and the
371	proceedings authorizing them, including the issuance of bonds,
372	and the performance of all other obligations, including lease,
373	contract, and other written obligations, to complete the
374	construction of projects or the performance of other
375	obligations, including lease, contract, and other written
376	obligations. The designated state agency shall provide payment
377	from the sources of payment of the bonds in accordance with the
378	terms of the bonds and shall provide payment from the sources of
379	payment of all other obligations, including lease, contract, and
380	other written obligations, in accordance with their terms,
381	whether from taxes, revenues, or otherwise, until the bonds and
382	interest on the bonds are paid in full and all other
383	obligations, including lease, contract, and other written
384	obligations, are performed and paid in full. If the proceedings
385	so provide, all funds established by laws or proceedings
386	authorizing the bonds or authorizing other obligations,
387	including lease, contract, and other written obligations, shall
388	remain with the Chief Financial Officer or the previously
389	designated trustees. If the proceedings do not provide that the
390	funds remain with the Chief Financial Officer or the previously
391	designated trustees, the funds shall be transferred to the
392	designated state agency.
393	21.018  Subpoena power.--
394	(1)  The President of the Senate or the Speaker of the
395	House of Representatives may issue process to compel the
396	attendance of witnesses and the production of books, records,
397	papers, and other objects necessary or proper for the purposes
398	of the committee proceedings. The process may be served on a
399	witness at any place in this state.
400	(2)  If a majority of the committee directs the issuance of
401	a subpoena, the chair shall request that the President of the
402	Senate or the Speaker of the House of Representatives issue the
403	subpoena.
404	(3)  Testimony taken under subpoena must be reduced to
405	writing and given under oath subject to the penalties of
406	perjury.
407	(4)  A witness who attends a committee proceeding under
408	process is entitled to the same mileage and per diem as a
409	witness who appears before a grand jury in this state.
410	21.019  Assistance of and access to state agencies.--
411	(1)  The committee may request the assistance of state
412	agencies and officers. When assistance is requested, a state
413	agency or officer shall assist the committee.
414	(2)  In order to carry out its functions under this
415	chapter, the committee and its designated staff members are
416	empowered with the right and authority to inspect, copy, and
417	investigate the books, records, papers, documents, data,
418	operation, and physical plant of any public agency or advisory
419	committee in this state, including any confidential or exempt
420	information.
421	21.0211  Saving provision.--Except as otherwise expressly
422	provided by law, abolition of a state agency does not affect
423	rights and duties that matured, penalties that were incurred,
424	civil or criminal liabilities that arose, or proceedings that
425	were begun before the effective date of the abolition.
426	21.022  Review of proposed legislation creating a new
427	agency or advisory committee.--
428	(1)  Each bill filed in the Senate or the House of
429	Representatives that would create a new state agency or a new
430	advisory committee to a state agency shall be forwarded by the
431	President of the Senate or the Speaker of the House of
432	Representatives, as applicable, to the committee.
433	(2)  The committee shall review the bill to determine if:
434	(a)  The proposed regulatory and other functions of the
435	state agency or advisory committee could be administered by one
436	or more existing state agencies or advisory committees;
437	(b)  The form of regulation, if any, proposed by the bill
438	is the least restrictive form of regulation that will adequately
439	protect the public;
440	(c)  The bill provides for adequate public input regarding
441	any regulatory function proposed by the bill; and
442	(d)  The bill provides for adequate protection against
443	conflicts of interest within the state agency or advisory
444	committee.
445	(3)  For any bill to be considered during the regular
446	session of the Legislature, the committee shall review the bill
447	no later than 3 weeks after the regular session convenes and
448	shall forward written comments from the review of the
449	legislation required under subsection (2) to the sponsor of the
450	bill and to the chair of the substantive committee to which the
451	bill is referred.
452	(4)  For any bill to be considered during a special session
453	of the Legislature, the committee shall review the bill during
454	the special session and forward written comments from the review
455	of the legislation required under subsection (2) to the sponsor
456	of the bill and to the chair of the substantive committee to
457	which the bill is referred.
458	Section 2.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.