Senate Bill sb1678

    Florida Senate - 2006                                  SB 1678

    By the Committee on Government Efficiency Appropriations





    593-1054A-06

  1                      A bill to be entitled

  2         An act relating to governmental operations;

  3         creating s. 216.0236, F.S.; providing

  4         legislative intent that the fees charged by

  5         state agencies for providing a service or

  6         regulating a profession or business cover the

  7         costs of the service or regulatory oversight;

  8         requiring that each state agency review its

  9         fees; providing criteria for the review;

10         requiring that each agency, as part of its

11         legislative budget request, provide to the

12         Governor and Legislature a proposal for making

13         a service or regulatory program self-sufficient

14         or provide justification for a subsidy from

15         other state funds; providing an effective date.

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

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19         Section 1.  Section 216.0236, Florida Statutes, is

20  created to read:

21         216.0236  Agency fees for services or oversight;

22  criteria.--

23         (1)  It is the intent of the Legislature that all costs

24  of providing a service or regulating a profession or business

25  be borne solely by those who receive the service or who are

26  subject to regulation. It is also the intent of the

27  Legislature that the fees charged for providing a service or

28  regulating a profession or business be reasonable and take

29  into account the differences between the types of professions

30  or businesses being regulated. Moreover, it is the intent of

31  the Legislature that state agencies operate as efficiently as

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    Florida Senate - 2006                                  SB 1678
    593-1054A-06




 1  possible and regularly report to the Legislature additional

 2  methods by which to streamline their operational costs.

 3         (2)  In accordance with the instructions for

 4  legislative budget requests, each state agency shall examine

 5  the fees it charges for providing services and regulatory

 6  oversight. The annual examination shall determine whether

 7  operational efficiencies can be achieved in the underlying

 8  program, whether the regulatory activity is an appropriate

 9  function that the agency should continue at its current level,

10  and whether the fees charged for each regulatory program are:

11         (a)  Based on revenue projections that are prepared

12  using generally accepted governmental accounting procedures or

13  official estimates by the Revenue Estimating Conference, if

14  applicable;

15         (b)  Adequate to cover both the direct and indirect

16  costs of providing the service or regulatory oversight; and

17         (c)  Reasonable and take into account differences

18  between the types of professions or businesses that are

19  regulated.

20         (3)  If the agency determines that the fees charged for

21  services or regulatory oversight are not adequate to cover

22  program costs and that an appropriation from other state funds

23  is necessary to supplement the direct or indirect costs of

24  providing a service or regulating a program, the agency shall

25  present to the Governor and the Legislature as part of its

26  legislative budget request a proposal for changes in fees or

27  laws which are necessary to make the service or regulatory

28  program totally self-sufficient or shall demonstrate that the

29  service or program provides substantial benefits to the public

30  which justify a partial subsidy from other state funds. The

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    Florida Senate - 2006                                  SB 1678
    593-1054A-06




 1  Legislature shall review the proposal during the next regular

 2  session.

 3         Section 2.  This act shall take effect July 1, 2006.

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 6                          SENATE SUMMARY

 7    Requires that state agencies review the fees charged for
      providing services or regulating businesses and
 8    professions. Requires each agency, as part of its
      legislative budget request, to provide to the Governor
 9    and Legislature a proposal for making a service or
      regulatory program self-sufficient or provide
10    justification for a subsidy from other state funds.

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