1 | A bill to be entitled |
2 | An act relating to government accountability; creating s. |
3 | 11.901, F.S., the Florida Government Accountability Act; |
4 | creating s. 11.902, F.S.; providing definitions; creating |
5 | s. 11.903, F.S.; authorizing the Legislature to create one |
6 | or more Legislative Sunset Advisory Committees; providing |
7 | for appointment, qualifications, and terms of committee |
8 | members; providing for organization and procedure; |
9 | creating s. 11.904, F.S.; providing for the employment of |
10 | staff; creating s. 11.905, F.S.; providing a schedule for |
11 | abolishing state agencies and advisory committees; |
12 | creating s. 11.9055, F.S.; providing for the abolition of |
13 | state agencies under certain circumstances; requiring |
14 | legislative findings; providing requirements for certain |
15 | legislative budget requests; creating s. 11.906, F.S.; |
16 | prescribing required content for agency reports to the |
17 | committee; amending s. 11.907, F.S.; providing for review |
18 | of agencies and their advisory committees by the Office of |
19 | Program Policy Analysis and Government Accountability; |
20 | creating s. 11.908, F.S.; prescribing duties of the |
21 | committee in reviewing reports, consulting with other |
22 | legislative entities, holding public hearings, and making |
23 | a report and recommendations to the legislative leadership |
24 | with respect to agencies scheduled for abolition; creating |
25 | s. 11.910, F.S.; providing review criteria; creating s. |
26 | 11.911, F.S.; specifying recommendation options; creating |
27 | s. 11.917, F.S.; providing procedures after termination; |
28 | providing for issuance of subpoenas; creating s. 11.919, |
29 | F.S.; providing for assistance of and access to state |
30 | agencies; creating s. 11.920, F.S.; providing |
31 | applicability with respect to certain rights, penalties, |
32 | liabilities, and proceedings; amending s. 216.013, F.S.; |
33 | providing requirements with respect to performance |
34 | measures and standards identified as part of long-range |
35 | program plans; amending s. 216.023, F.S.; requiring that |
36 | performance measures and standards and outsourcing cost- |
37 | benefit and business case analyses identify impacts on |
38 | agency activities; creating a working group to develop |
39 | instructions for agencies regarding the computation of |
40 | activity and unit cost information required to be included |
41 | in legislative budget requests; providing appropriations; |
42 | providing an effective date. |
43 |
|
44 | Be It Enacted by the Legislature of the State of Florida: |
45 |
|
46 | Section 1. Section 11.901, Florida Statutes, is created to |
47 | read: |
48 | 11.901 Short title.--Sections 11.901-11.920 may be cited |
49 | as the "Florida Government Accountability Act." |
50 | Section 2. Section 11.902, Florida Statutes, is created to |
51 | read: |
52 | 11.902 Definitions.--As used in ss. 11.901-11.920, the |
53 | term: |
54 | (1) "State agency" or "agency" means a department as |
55 | defined in s. 20.03(2) or any other administrative unit of state |
56 | government scheduled for termination and prior review under this |
57 | chapter. |
58 | (2) "Advisory committee" means any examining and licensing |
59 | board, council, advisory council, committee, task force, |
60 | coordinating council, commission, or board of trustees as |
61 | defined in s. 20.03(3), (7), (8), (9), (10), or (12) or any |
62 | group, by whatever name, created to provide advice or |
63 | recommendations to one or more agencies, departments, divisions, |
64 | bureaus, boards, sections, or other units or entities of state |
65 | government. |
66 | (3) "Committee" means any Legislative Sunset Advisory |
67 | Committee appointed pursuant to s. 11.903. |
68 | Section 3. Section 11.903, Florida Statutes, is created to |
69 | read: |
70 | 11.903 Legislative Sunset Advisory Committees.-- |
71 | (1) The Senate and House of Representatives may, pursuant |
72 | to the rules of each house, appoint one or more standing or |
73 | select committees as a Legislative Sunset Advisory Committee to |
74 | advise the Legislature regarding the agency sunsets required by |
75 | ss. 11.901-11.920. |
76 | (2) The Senate and House of Representatives may, pursuant |
77 | to the joint rules of both houses, appoint one or more joint |
78 | committees as a Legislative Sunset Advisory Committee to advise |
79 | the Legislature regarding the agency sunsets required by ss. |
80 | 11.901-11.920. |
81 | (3) Members shall serve terms of 2 years. |
82 | (4) Initial appointments shall be made not later than |
83 | November 30, 2006, and subsequent appointments shall be made not |
84 | later than January 15 of the year following each organization |
85 | session of the Legislature. |
86 | (5) If a legislative member ceases to be a member of the |
87 | house from which he or she was appointed, the member vacates his |
88 | or her membership on the committee. |
89 | Section 4. Section 11.904, Florida Statutes, is created to |
90 | read: |
91 | 11.904 Staff.--The Senate and the House of Representatives |
92 | may each employ staff to work for the chair and vice chair of |
93 | the committee on matters related to committee activities. The |
94 | Auditor General and the Office of Program Policy Analysis and |
95 | Government Accountability shall assist the committee in |
96 | conducting its review under s. 11.910. |
97 | Section 5. Section 11.905, Florida Statutes, is created to |
98 | read: |
99 | 11.905 Schedule for reviewing state agencies and advisory |
100 | committees.--The following state agencies, including their |
101 | advisory committees, or the following advisory committees of |
102 | agencies shall be reviewed according to the following schedule: |
103 | (1) Reviewed July 1, 2008: |
104 | (a) Statutorily created responsibilities of the Fish and |
105 | Wildlife Conservation Commission. |
106 | (b) Department of Agriculture and Consumer Services. |
107 | (c) Department of Citrus, including the Citrus Commission. |
108 | (d) Department of Environmental Protection. |
109 | (e) Department of Highway Safety and Motor Vehicles. |
110 | (f) Water management districts. |
111 | (2) Reviewed July 1, 2009: |
112 | (a) Department of Children and Family Services. |
113 | (b) Department of Community Affairs. |
114 | (c) Department of Management Services. |
115 | (d) Department of State. |
116 | (3) Reviewed July 1, 2010: |
117 | (a) Advisory committees for the Florida Community College |
118 | System. |
119 | (b) Advisory committees for the State University System. |
120 | (c) Agency for Workforce Innovation. |
121 | (d) Department of Education. |
122 | (e) Department of the Lottery. |
123 | (4) Reviewed July 1, 2011: |
124 | (a) Agency for Health Care Administration. |
125 | (b) Agency for Persons with Disabilities. |
126 | (c) Department of Elderly Affairs. |
127 | (d) Department of Health. |
128 | (5) Reviewed July 1, 2012: |
129 | (a) Department of Business and Professional Regulation. |
130 | (b) Department of Transportation. |
131 | (c) Department of Veterans' Affairs. |
132 | (6) Reviewed July 1, 2013: |
133 | (a) Advisory committees for the State Board of |
134 | Administration. |
135 | (b) Department of Financial Services, including the |
136 | Financial Services Commission. |
137 | (c) Department of Revenue. |
138 | (7) Reviewed July 1, 2014: |
139 | (a) Department of Corrections. |
140 | (b) Department of Juvenile Justice. |
141 | (c) Department of Law Enforcement. |
142 | (d) Department of Legal Affairs. |
143 | (e) Justice Administrative Commission. |
144 | (f) Parole Commission. |
145 | (8) Reviewed July 1, 2015: |
146 | (a) Executive Office of the Governor. |
147 | (b) Florida Public Service Commission. |
148 | Section 6. Section 11.9055, Florida Statutes, is amended |
149 | to read: |
150 | Section 11.9055 Abolition of state agencies and advisory |
151 | committees.-- |
152 | (1) An agency subject to review by the Legislative |
153 | Committee on Sunset Review shall be abolished on June 30 |
154 | following the date of review specified in s.11.905, unless the |
155 | Legislature continues the agency or advisory committee; however, |
156 | an agency may not be abolished unless the Legislature finds, |
157 | pursuant to law, that all state laws the agency had |
158 | responsibility to implement or enforce have been repealed, |
159 | revised, or reassigned to another remaining agency and that |
160 | adequate provision has been made for the transfer to a successor |
161 | agency of all duties and obligations relating to bonds, loans, |
162 | promissory notes, lease purchase agreements, installment sales |
163 | contracts, certificates of participation, master equipment |
164 | financing agreements, or any other form of indebtedness such |
165 | that security therefor and the rights of bondholders or holders |
166 | of other indebtedness are not impaired. |
167 | (2) If the Legislature does not take action before the |
168 | date of review to continue the agency or advisory committee, the |
169 | agency shall submit its legislative budget request consistent |
170 | with recommendations of the appropriate Legislative Committee on |
171 | Sunset Review or any law transferring the agency's functions to |
172 | other entities. |
173 | Section 7. Section 11.906, Florida Statutes, is created to |
174 | read: |
175 | 11.906 Agency report to committee.--Not later than January |
176 | 1 of the year preceding the year in which a state agency and its |
177 | advisory committees are scheduled to be reviewed, the agency |
178 | shall provide the committee with a report that includes: |
179 | (1) The performance measures for each program and activity |
180 | as provided in s. 216.011 and 3 years of data for each measure |
181 | that provides actual results for the immediately preceding 2 |
182 | years and projected results for the current fiscal year. |
183 | (2) An explanation of factors that have contributed to any |
184 | failure to achieve the legislative standards. |
185 | (3) The promptness and effectiveness with which the agency |
186 | disposes of complaints concerning persons affected by the |
187 | agency. |
188 | (4) The extent to which the agency has encouraged |
189 | participation by the public in making its rules and decisions as |
190 | opposed to participation solely by those it regulates and the |
191 | extent to which public participation has resulted in rules |
192 | compatible with the objectives of the agency. |
193 | (5) The extent to which the agency has complied with |
194 | applicable requirements of state law and applicable rules |
195 | regarding purchasing goals and programs for historically |
196 | underutilized businesses. |
197 | (6) A statement of any statutory objectives intended for |
198 | each program and activity, the problem or need that the program |
199 | and activity were intended to address, and the extent to which |
200 | these objectives have been achieved. |
201 | (7) An assessment of the extent to which the jurisdiction |
202 | of the agency and its programs overlap or duplicate those of |
203 | other agencies and the extent to which the programs can be |
204 | consolidated with those of other agencies. |
205 | (8) An assessment of less restrictive or alternative |
206 | methods of providing services for which the agency is |
207 | responsible which would reduce costs or improve performance |
208 | while adequately protecting the public. |
209 | (9) An assessment of the extent to which the agency has |
210 | corrected deficiencies and implemented recommendations contained |
211 | in reports of the Auditor General, the Office of Program Policy |
212 | Analysis and Government Accountability, legislative interim |
213 | studies, and federal audit entities. |
214 | (10) The extent to which the agency enforces laws relating |
215 | to potential conflicts of interest of its employees. |
216 | (11) The extent to which the agency complies with public |
217 | records and public meetings requirements under chapters 119 and |
218 | 286 and s. 24, Art. I of the State Constitution. |
219 | (12) The extent to which alternative program-delivery |
220 | options, such as privatization or insourcing, have been |
221 | considered to reduce costs or improve services to state |
222 | residents. |
223 | (13) Recommendations to the committee for statutory or |
224 | budgetary changes that would improve program operations, reduce |
225 | costs, or reduce duplication. |
226 | (14) The effect of federal intervention or loss of federal |
227 | funds if the agency, program, or activity is abolished. |
228 | (15) A list of all advisory committees, including those |
229 | established in statute and those established by managerial |
230 | initiative; their purpose, activities, composition, and related |
231 | expenses; the extent to which their purposes have been achieved; |
232 | and the rationale for continuing or eliminating each advisory |
233 | committee. |
234 | (16) Agency programs or functions that are performed |
235 | without specific statutory authority. |
236 | (17) Other information requested by the committee. |
237 |
|
238 | Information and data reported by the agency shall be validated |
239 | by its agency head and inspector general before submission to |
240 | the committee. |
241 | Section 8. Section 11.907, Florida Statutes, is created to |
242 | read: |
243 | 11.907 Legislative review.--Upon receipt of an agency |
244 | report pursuant to s. 11.906, the Office of Program Policy |
245 | Analysis and Government Accountability shall conduct a program |
246 | evaluation and justification review, as defined in s. 11.513, of |
247 | the agency and its advisory committees. The review shall be |
248 | comprehensive in its scope and consider the information provided |
249 | by the agency report in addition to information deemed necessary |
250 | by the office and the Legislative Sunset Advisory Committee. The |
251 | Office of Program Policy Analysis and Government Accountability |
252 | shall submit its report to the committee and to the President of |
253 | the Senate and the Speaker of the House of Representatives by |
254 | October 31 of the year in which the agency submits its report. |
255 | The Office of Program Policy Analysis and Government |
256 | Accountability shall include in its report recommendations for |
257 | consideration by the committee. |
258 | Section 9. Section 11.908, Florida Statutes, is created to |
259 | read: |
260 | 11.908 Committee duties.--No later than March 1 of the |
261 | year in which a state agency or its advisory committees are |
262 | scheduled to be reviewed, the committee shall: |
263 | (1) Review the information submitted by the agency and the |
264 | report of the Office of Program Policy Analysis and Government |
265 | Accountability. |
266 | (2) Consult with the Legislative Budget Commission, |
267 | relevant substantive and appropriations committees of the Senate |
268 | and the House of Representatives, the Governor's Office of |
269 | Policy and Budgeting, the Auditor General, and the Chief |
270 | Financial Officer, or their successors, on the application to |
271 | the agency and its advisory committees of the criteria provided |
272 | in s. 11.910. |
273 | (3) Hold public hearings to consider this information as |
274 | well as other information and testimony that the committee deems |
275 | necessary. |
276 | (4) Present to the President of the Senate and the Speaker |
277 | of the House of Representatives a report on the agencies and |
278 | advisory committees scheduled to be reviewed that year by the |
279 | committee. In the report, the committee shall include its |
280 | specific findings and recommendations regarding each of the |
281 | criteria prescribed by s. 11.910 and shall also make |
282 | recommendations as described in s. 11.911. |
283 | Section 10. Section 11.910, Florida Statutes, is created |
284 | to read: |
285 | 11.910 Criteria for review.--The committee shall consider |
286 | the following criteria in determining whether a public need |
287 | exists for the continuation of a state agency or its advisory |
288 | committees or for the performance of the functions of the agency |
289 | or its advisory committees: |
290 | (1) Agency compliance with the accountability measures, as |
291 | analyzed by the Auditor General, the Office of Program Policy |
292 | Analysis and Government Accountability, and the Office of Policy |
293 | and Budget within the Executive Office of the Governor, pursuant |
294 | to ss. 216.013 and 216.023(4) and (5). |
295 | (2) The efficiency with which the agency or advisory |
296 | committee operates. |
297 | (3) The statutory objectives of the agency or advisory |
298 | committee and the problem or need that the agency or advisory |
299 | committee is intended to address, the extent to which the |
300 | objectives have been achieved, and any activities of the agency |
301 | in addition to those granted by statute and the authority for |
302 | these activities. |
303 | (4) An assessment of less restrictive or alternative |
304 | methods of providing any regulatory function for which the |
305 | agency is responsible while adequately protecting the public. |
306 | (5) The extent to which the advisory committee is needed |
307 | and is used. |
308 | (6) The extent to which the jurisdiction of the agency and |
309 | the programs administered by the agency overlap or duplicate |
310 | those of other agencies and the extent to which the programs |
311 | administered by the agency can be consolidated with the programs |
312 | of other state agencies. |
313 | (7) Whether the agency has recommended to the Legislature |
314 | statutory changes calculated to be of benefit to the public |
315 | rather than to an occupation, business, or institution that the |
316 | agency regulates. |
317 | (8) The promptness and effectiveness with which the agency |
318 | disposes of complaints concerning persons affected by the |
319 | agency. |
320 | (9) The extent to which the agency has encouraged |
321 | participation by the public in making its rules and decisions as |
322 | opposed to participation solely by those it regulates and the |
323 | extent to which the public participation has resulted in rules |
324 | compatible with the objectives of the agency. |
325 | (10) The extent to which the agency has complied with |
326 | applicable requirements of state law and applicable rules of any |
327 | state agency regarding purchasing goals and programs for |
328 | historically underutilized businesses. |
329 | (11) The extent to which changes are necessary in the |
330 | enabling statutes of the agency so that the agency can |
331 | adequately comply with the criteria listed in this section. |
332 | (12) The extent to which the agency adopts and enforces |
333 | rules relating to potential conflicts of interest of its |
334 | employees. |
335 | (13) The extent to which the agency complies with public |
336 | records and public meetings requirements under chapters 119 and |
337 | 287 and s. 24, Art. I of the State Constitution and follows |
338 | records management practices that enable the agency to respond |
339 | efficiently to requests for public information. |
340 | (14) The extent to which the agency accurately reports |
341 | performance measures used to justify state spending on each of |
342 | its activities, services, and programs. |
343 | (15) The effect of federal intervention or loss of federal |
344 | funds if the agency is abolished. |
345 | (16) Whether any advisory committee or any other part of |
346 | the agency exercises its powers and duties independently of the |
347 | direct supervision of the agency head in violation of s. 6, Art. |
348 | IV of the State Constitution. |
349 | Section 11. Section 11.911, Florida Statutes, is created |
350 | to read: |
351 | 11.911 Recommendations.--In its report on a state agency, |
352 | the committee shall: |
353 | (1) Make recommendations on the abolition, continuation, |
354 | or reorganization of each state agency and its advisory |
355 | committees and on the need for the performance of the functions |
356 | of the agency and its advisory committees. |
357 | (2) Make recommendations on the consolidation, transfer, |
358 | or reorganization of programs within state agencies not under |
359 | review when the programs duplicate functions performed in |
360 | agencies under review. |
361 | (3) Include drafts of legislation necessary to carry out |
362 | the committee's recommendations under subsection (1) or |
363 | subsection (2). |
364 | Section 12. Section 11.917, Florida Statutes, is created |
365 | to read: |
366 | 11.917 Procedure after termination.-- |
367 | (1) Any unobligated and unexpended appropriations of an |
368 | abolished agency or advisory committee shall revert on the date |
369 | of abolition. |
370 | (2) Except as provided in subsection (4) or as otherwise |
371 | provided by law, all money in a trust fund of an abolished state |
372 | agency or advisory committee is transferred to the General |
373 | Revenue Fund. Any provision of law dedicating the money to a |
374 | trust fund of an abolished agency becomes void on the date of |
375 | abolition. |
376 | (3)(a) If not otherwise provided by law, property in the |
377 | custody of an abolished state agency or advisory committee shall |
378 | be transferred to the Department of Management Services. |
379 | (b) If not otherwise provided by law, records in the |
380 | custody of an abolished state agency or advisory committee shall |
381 | be transferred to the Department of State. |
382 | (4) The Legislature recognizes the state's continuing |
383 | obligation to pay bonds and all other financial obligations, |
384 | including contracts, loans, promissory notes, lease purchase |
385 | agreements, certificates of participation, installment sales |
386 | contracts, master equipment financing agreements, and any other |
387 | form of indebtedness, incurred by the state or any state agency |
388 | or public entity abolished under ss. 11.910-11.920, and ss. |
389 | 11.910-ll.920 do not impair or impede the payment of bonds and |
390 | other financial obligations, or any other covenant contained in |
391 | the legal documents authorizing the issuance of debt or the |
392 | execution of any other financial obligation in accordance with |
393 | their terms. If the state or an abolished state agency has |
394 | outstanding bonds or other outstanding financial obligations, |
395 | the bonds and all other financial obligations remain valid and |
396 | enforceable in accordance with their terms and subject to all |
397 | applicable terms and requirements contained in the legal |
398 | documents authorizing the issuance of debt or the execution of |
399 | any other financial obligation. If not otherwise provided by |
400 | law, the Division of Bond Finance of the State Board of |
401 | Administration shall carry out all covenants contained in the |
402 | bonds and in the resolutions authorizing the issuance of bonds, |
403 | and perform all obligations required thereby. The state or a |
404 | designated state agency shall provide for the payment of the |
405 | bonds and all other financial obligations from the sources of |
406 | payment specified in the resolution or legal documents |
407 | authorizing the issuance or execution thereof in accordance with |
408 | the terms of the bonds or other financial obligations, whether |
409 | from taxes, specified revenues, or otherwise, until the bonds |
410 | and interest on the bonds are paid in full and all other |
411 | financial obligations are performed and paid in full. All funds |
412 | or accounts established by laws or legal documents authorizing |
413 | the issuance of bonds, or the execution of other financial |
414 | obligations, shall remain with the previously designated party, |
415 | agency, or trustee. Any funds or accounts held by an abolished |
416 | state agency shall be transferred to a designated successor |
417 | agency or trustee in compliance with the resolution or legal |
418 | documents applicable to the outstanding bonds or other financial |
419 | obligations. |
420 | Section 13. Section 11.918, Florida Statutes, is created |
421 | to read: |
422 | 11.918 Subpoena power.--Any Legislative Sunset Advisory |
423 | Committee may take under investigation any matter within the |
424 | scope of a sunset review either completed or then being |
425 | conducted by the committee, and, in connection with such |
426 | investigation, may exercise the powers of subpoena by law vested |
427 | in a standing committee of the Legislature pursuant to s. |
428 | 11.143. |
429 | Section 14. Section 11.919, Florida Statutes, is created |
430 | to read: |
431 | 11.919 Assistance of and access to state agencies.-- |
432 | (1) The committee may request the assistance of state |
433 | agencies and officers. When assistance is requested, a state |
434 | agency or officer shall assist the committee. |
435 | (2) In carrying out its functions under ss. 11.901-11.920, |
436 | the committee or its designated staff member may inspect the |
437 | records, documents, and files of any state agency. |
438 | Section 15. Section 11.920, Florida Statutes, is created |
439 | to read: |
440 | 11.920 Saving provision.--Except as otherwise expressly |
441 | provided by law, abolition of a state agency does not affect |
442 | rights and duties that matured, penalties that were incurred, |
443 | civil or criminal liabilities that arose, or proceedings that |
444 | were begun before the abolition. |
445 | Section 16. Paragraphs (h), (i), (j), and (k) are added to |
446 | subsection (1) of section 216.013, Florida Statutes, and |
447 | subsection (5) of that section is amended, to read: |
448 | 216.013 Long-range program plan.--State agencies and the |
449 | judicial branch shall develop long-range program plans to |
450 | achieve state goals using an interagency planning process that |
451 | includes the development of integrated agency program service |
452 | outcomes. The plans shall be policy based, priority driven, |
453 | accountable, and developed through careful examination and |
454 | justification of all agency and judicial branch programs. |
455 | (1) Long-range program plans shall provide the framework |
456 | for the development of budget requests and shall identify or |
457 | update: |
458 | (h) Legislatively approved output and outcome performance |
459 | measures. Each performance measure must identify the associated |
460 | activity contributing to the measure from those identified in |
461 | accordance with s. 216.023(4)(b). |
462 | (i) Performance standards for each performance measure and |
463 | justification for the standards and the sources of data to be |
464 | used for measurement. Performance standards must include |
465 | standards for each affected activity and be expressed in terms |
466 | of the associated unit of activity. |
467 | (j) Prior-year performance data on approved performance |
468 | measures and an explanation of deviation from expected |
469 | performance. Performance data must be assessed for reliability |
470 | in accordance with s. 20.055. |
471 | (k) Proposed performance incentives and disincentives. |
472 | (5) Following the adoption of the annual General |
473 | Appropriations Act, The state agencies and the judicial branch |
474 | shall make appropriate adjustments to their long-range program |
475 | plans, excluding adjustments to performance measures and |
476 | standards, to be consistent with the appropriations and |
477 | performance measures in the General Appropriations Act and |
478 | legislation implementing the General Appropriations Act. |
479 | Agencies and the judicial branch have 30 days subsequent to the |
480 | effective date of the General Appropriations Act and |
481 | implementing legislation until June 30 to make adjustments to |
482 | their plans as posted on their Internet websites. |
483 | Section 17. Subsections (4) of section 216.023, Florida |
484 | Statutes, is amended to read: |
485 | 216.023 Legislative budget requests to be furnished to |
486 | Legislature by agencies.-- |
487 | (4)(a) The legislative budget request must contain for |
488 | each program: |
489 | 1. The constitutional or statutory authority for a |
490 | program, a brief purpose statement, and approved program |
491 | components. |
492 | 2. Information on expenditures for 3 fiscal years (actual |
493 | prior-year expenditures, current-year estimated expenditures, |
494 | and agency budget requested expenditures for the next fiscal |
495 | year) by appropriation category. |
496 | 3. Details on trust funds and fees. |
497 | 4. The total number of positions (authorized, fixed, and |
498 | requested). |
499 | 5. An issue narrative describing and justifying changes in |
500 | amounts and positions requested for current and proposed |
501 | programs for the next fiscal year. |
502 | 6. Information resource requests. |
503 | 7. Legislatively approved output and outcome performance |
504 | measures and any proposed revisions to measures. |
505 | 8. Proposed performance standards for each performance |
506 | measure and justification for the standards and the sources of |
507 | data to be used for measurement. |
508 | 9. Prior-year performance data on approved performance |
509 | measures and an explanation of deviation from expected |
510 | performance. Performance data must be assessed for reliability |
511 | in accordance with s. 20.055. |
512 | 10. Proposed performance incentives and disincentives. |
513 | 7.11. Supporting information, including applicable cost- |
514 | benefit analyses, business case analyses, performance |
515 | contracting procedures, service comparisons, and impacts on |
516 | performance standards for any request to outsource or privatize |
517 | agency functions. The cost-benefit and business case analyses |
518 | must include an assessment of the impact on each affected |
519 | activity from those identified in accordance with paragraph (b). |
520 | Performance standards must include standards for each affected |
521 | activity and be expressed in terms of the associated unit of |
522 | activity. |
523 | 8.12. An evaluation of any major outsourcing and |
524 | privatization initiatives undertaken during the last 5 fiscal |
525 | years having aggregate expenditures exceeding $10 million during |
526 | the term of the contract. The evaluation shall include an |
527 | assessment of contractor performance, a comparison of |
528 | anticipated service levels to actual service levels, and a |
529 | comparison of estimated savings to actual savings achieved. |
530 | Consolidated reports issued by the Department of Management |
531 | Services may be used to satisfy this requirement. |
532 | (b) It is the intent of the Legislature that total |
533 | accountability measures, including unit-cost data, serve not |
534 | only as a budgeting tool but also as a policymaking tool and an |
535 | accountability tool. Therefore, each state agency and the |
536 | judicial branch must submit a one-page summary of information |
537 | for the preceding year in accordance with the legislative budget |
538 | instructions. Each one-page summary must provide a one-page |
539 | overview and must contain: |
540 | 1. The final budget for the agency and the judicial |
541 | branch. |
542 | 2. Total funds from the General Appropriations Act. |
543 | 3. Adjustments to the General Appropriations Act. |
544 | 4. The line-item listings of all activities. |
545 | 5. The number of activity units performed or accomplished. |
546 | 6. Total expenditures for each activity, including amounts |
547 | paid to contractors and subordinate entities. Expenditures |
548 | related to administrative activities not aligned with output |
549 | measures must consistently be allocated to activities with |
550 | output measures prior to computing unit costs. |
551 | 7. The cost per unit for each activity, including the |
552 | costs allocated to contractors and subordinate entities. |
553 | 8. The total amount of reversions and pass-through |
554 | expenditures omitted from unit-cost calculations. |
555 |
|
556 | At the regular session immediately following the submission of |
557 | the agency unit cost summary, the Legislature shall reduce in |
558 | the General Appropriations Act for the ensuing fiscal year, by |
559 | an amount equal to at least 10 percent of the allocation for the |
560 | fiscal year preceding the current fiscal year, the funding of |
561 | each state agency that fails to submit the report required under |
562 | this paragraph. |
563 | Section 18. To assist in the development of legislative |
564 | budget request instructions for agencies regarding the |
565 | computation of activity and unit cost information required to be |
566 | included in legislative budget requests under s. 216.023(4)(b), |
567 | Florida Statutes, a working group consisting of representatives |
568 | from the Executive Office of the Governor, the Office of Program |
569 | Policy Analysis and Government Accountability, the Auditor |
570 | General, the Department of Financial Services, and legislative |
571 | appropriations committees shall be created, effective July 1, |
572 | 2006, to develop a cost-allocation methodology for agencies to |
573 | use in the computation of activity and unit costs. The working |
574 | group, in developing the cost-allocation methodology, shall |
575 | consider the standards and guidelines identified in the Federal |
576 | Office of Management and Budget Circular A-87. In addition, this |
577 | working group shall recommend procedures to ensure that the |
578 | recommended cost-allocation methodology produces auditable |
579 | activity and unit cost information that can be produced |
580 | currently by the state accounting system and that can be used to |
581 | compare the performance of each reported activity over time and |
582 | of agencies and private entities that perform similar |
583 | activities. The working group shall submit its recommendations, |
584 | including the associated implementation and operating costs, to |
585 | the Governor, the President of the Senate, and the Speaker of |
586 | the House of Representatives by December 31, 2006. |
587 | Section 19. The sum of $400,000 is appropriated from the |
588 | General Revenue Fund to the Office of Program Policy Analysis |
589 | and Government Accountability for the purpose of carrying out |
590 | the provisions of this act during the 2006-2007 fiscal year. |
591 | Section 20. For the purposes of carrying out the |
592 | provisions of this act during the 2006-2007 fiscal year, the sum |
593 | of $400,000 is appropriated from the General Revenue Fund and |
594 | five full-time equivalent positions and associated rate are |
595 | authorized in a lump-sum category in Administered Funds. |
596 | Section 21. This act shall take effect July 1, 2006. |