| 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 measuresin 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 30to 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-pagesummary of information | 
| 537 | for the preceding year in accordance with the legislative budget | 
| 538 | instructions. Each one-pagesummary 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. |