Senate Bill sb2460

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    Florida Senate - 2006                                  SB 2460

    By Senator Posey





    24-1688-06

  1                      A bill to be entitled

  2         An act relating to government accountability;

  3         creating ch. 21, F.S., the Florida Government

  4         Accountability Act; providing definitions;

  5         creating the Legislative Sunset Advisory

  6         Committee; providing for appointment,

  7         qualifications, and terms of committee members;

  8         providing for vacancies; providing for

  9         organization and procedure; authorizing

10         reimbursement for certain expenses; providing

11         for employment of staff; providing a schedule

12         for abolishing state agencies and advisory

13         committees; requiring the committee to conduct

14         prior review and recommend whether to abolish

15         an agency and its advisory committees as

16         scheduled; providing for public hearings;

17         requiring agency and committee reports;

18         providing review criteria; specifying

19         recommendation options; authorizing exemption

20         from certain review for certain agencies;

21         providing for continuation of state agencies

22         and their advisory committees, by law, under

23         certain circumstances; providing for

24         legislative consideration of proposals with

25         respect to such recommendations; providing

26         procedures after termination; providing for

27         issuance of subpoenas; authorizing

28         reimbursement for travel and per diem for

29         witnesses; providing for assistance of and

30         access to state agencies; providing

31         applicability with respect to certain rights,

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    Florida Senate - 2006                                  SB 2460
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 1         penalties, liabilities, and proceedings;

 2         providing for review of proposed legislation

 3         creating a new agency or advisory committee;

 4         providing an effective date.

 5  

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

 7  

 8         Section 1.  Chapter 21, Florida Statutes, consisting of

 9  sections 21.001, 21.002, 21.003, 21.004, 21.005, 21.006,

10  21.007, 21.008, 21.009, 21.0111, 21.012, 21.0125, 21.0126,

11  21.013, 21.015, 21.016, 21.017, 21.018, 21.019, 21.0211, and

12  21.022, is created to read:

13                            CHAPTER 21

14                    GOVERNMENT ACCOUNTABILITY

15         21.001  Short title.--This chapter may be cited as the

16  "Florida Government Accountability Act."

17         21.002  Definitions.--As used in this chapter:

18         (1)  "State agency" or "agency" means a department as

19  defined in s. 20.03(2) or any other administrative unit of

20  state government scheduled for termination and prior review

21  under this chapter.

22         (2)  "Advisory committee" means any examining and

23  licensing board, council, advisory council, committee, task

24  force, coordinating council, commission, or board of trustees

25  as defined in s. 20.03(3), (7), (8), (9), (10), or (12) or any

26  group, by whatever name, created to provide advice or

27  recommendations to one or more agencies, departments,

28  divisions, bureaus, boards, sections, or other units or

29  entities of state government.

30         (3)  "Committee" means the Legislative Sunset Advisory

31  Committee.

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 1         21.003  Legislative Sunset Advisory Committee.--

 2         (1)  The Legislative Sunset Advisory Committee is

 3  created and shall consist of five members of the Senate, one

 4  public member appointed by the President of the Senate, and

 5  five members of the House of Representatives, and one public

 6  member appointed by the Speaker of the House of

 7  Representatives. Each appointing authority may designate

 8  himself or herself as one of the legislative appointees.

 9         (2)  An individual is not eligible for appointment as a

10  public member if the individual or the individual's spouse is:

11         (a)  Regulated by a state agency that the committee

12  will review during the term for which the individual would

13  serve; or

14         (b)  Employed by, participates in the management of, or

15  directly or indirectly has more than a 10-percent interest in

16  a business entity or other organization regulated by a state

17  agency the committee will review during the term for which the

18  individual would serve.

19         (3)  It is a ground for removal of a public member from

20  the committee if the member does not have the qualifications

21  required by subsection (2) for appointment to the committee at

22  the time of appointment or does not maintain the

23  qualifications while serving on the committee. The validity of

24  the committee's action is not affected by the fact that it was

25  taken when a ground for removal of a public member from the

26  committee existed.

27         (4)  Legislative and public members shall serve terms

28  of 2 years. A public member may not serve more than two

29  consecutive 2-year terms; and, for purposes of this

30  prohibition, a member is considered to have served a term only

31  if the member has served more than half of the term.

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 1         (5)  Initial appointments shall be made not later than

 2  November 30, 2006, and subsequent appointments shall be made

 3  not later than January 15 of the year following each

 4  organization session of the Legislature.

 5         (6)  If a legislative member ceases to be a member of

 6  the house from which he or she was appointed, the member

 7  vacates his or her membership on the committee.

 8         (7)  If a vacancy occurs, the appropriate appointing

 9  authority shall appoint a person to serve for the remainder of

10  the unexpired term in the same manner as the original

11  appointment.

12         (8)  The committee shall have a chair and vice chair as

13  presiding officers. The chair and vice chair must alternate

14  each year between the two membership groups appointed by the

15  President of the Senate and the Speaker of the House of

16  Representatives. The chair and vice chair may not be from the

17  same membership group. The President of the Senate shall

18  designate a presiding officer from his appointed membership

19  group who shall preside as chair during the odd-numbered year

20  and as vice chair during the even-numbered year, and the

21  Speaker of the House of Representatives shall designate the

22  other presiding officer from his appointed membership group

23  who shall preside as chair during the even-numbered year and

24  as vice chair during the odd-numbered year.

25         (9)  Seven members of the committee constitute a

26  quorum. A final action or recommendation may not be made

27  unless approved by a recorded vote of a majority of the

28  committee's full membership.

29         (10)  Each member of the committee is entitled to

30  reimbursement for actual and necessary expenses incurred in

31  performing committee duties. Each legislative member is

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 1  entitled to reimbursement from the appropriate fund of the

 2  member's respective house. Each public member is entitled to

 3  reimbursement from funds appropriated for use by the

 4  committee.

 5         21.004  Staff.--The Senate and the House of

 6  Representatives may each employ staff to work for the chair

 7  and vice chair of the committee on matters related to

 8  committee activities. The Auditor General and the Office of

 9  Program Policy Analysis and Government Accountability shall

10  assist the committee in conducting its review under s.

11  21.0111.

12         21.005  Schedule for abolishing state agencies and

13  advisory committees.--The following state agencies, including

14  their advisory committees, or the following advisory

15  committees of agencies are abolished according to the

16  following schedule:

17         (1)  Abolished July 1, 2008:

18         (a)  Advisory committees for the Fish and Wildlife

19  Conservation Commission.

20         (b)  Department of Agriculture and Consumer Services.

21         (c)  Department of Citrus, including the Citrus

22  Commission.

23         (d)  Department of Environmental Protection.

24         (e)  Department of Highway Safety and Motor Vehicles.

25         (f)  Water management districts.

26         (2)  Abolished July 1, 2009:

27         (a)  Department of Children and Family Services.

28         (b)  Department of Community Affairs.

29         (c)  Department of Management Services.

30         (d)  Department of State.

31         (3)  Abolished July 1, 2010:

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 1         (a)  Advisory committees for the Florida Community

 2  College System.

 3         (b)  Advisory committees for the State University

 4  System.

 5         (c)  Agency for Workforce Innovation.

 6         (d)  Department of Education.

 7         (e)  Department of the Lottery.

 8         (4)  Abolished July 1, 2011:

 9         (a)  Agency for Health Care Administration.

10         (b)  Agency for Persons with Disabilities.

11         (c)  Department of Elderly Affairs.

12         (d)  Department of Health.

13         (5)  Abolished July 1, 2012:

14         (a)  Department of Business and Professional

15  Regulation.

16         (b)  Department of Transportation.

17         (c)  Department of Veterans' Affairs.

18         (6)  Abolished July 1, 2013:

19         (a)  Advisory committees for the State Board of

20  Administration.

21         (b)  Department of Financial Services, including the

22  Financial Services Commission.

23         (c)  Department of Revenue.

24         (7)  Abolished July 1, 2014:

25         (a)  Department of Corrections.

26         (b)  Department of Juvenile Justice.

27         (c)  Department of Law Enforcement.

28         (d)  Department of Legal Affairs.

29         (e)  Justice Administrative Commission.

30         (f)  Parole Commission.

31         (8)  Abolished July 1, 2015:

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 1         (a)  Executive Office of the Governor.

 2         (b)  Florida Public Service Commission.

 3         21.006  Agency report to committee.--Not later than

 4  October 30 of each even-numbered year and not later than July

 5  31 of each odd-numbered year of the year preceding the year in

 6  which a state agency and its advisory committees are scheduled

 7  to be abolished, the agency shall report to the committee:

 8         (1)  Information regarding the application to the

 9  agency of the criteria in s. 21.0111.

10         (2)  Any other information that the agency considers

11  appropriate or that is requested by the committee.

12         21.007  Committee duties.--Not later than March 1 of

13  the year in which a state agency is scheduled to be abolished,

14  the committee shall:

15         (1)  Review and take action necessary to verify the

16  reports submitted by the agency under s. 21.006.

17         (2)  Consult with the Legislative Budget Commission,

18  the Planning and Budgeting Office in the Executive Office of

19  the Governor, and the Chief Financial Officer, or their

20  successors, on the application to the agency of the criteria

21  provided in s. 21.0111.

22         (3)  Conduct a performance evaluation of the agency

23  based on the criteria provided in s. 21.0111 and prepare a

24  written report.

25         (4)  Determine the agency's compliance with the

26  requirements for activity-based planning and budgeting

27  specified under s. 216.1826, including the extent to which the

28  agency has complied with the budget accountability measures

29  required under s. 216.023(4)(b).

30  

31  

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 1         (5)  Review the implementation of committee

 2  recommendations contained in the reports presented to the

 3  Legislature during the preceding legislative session.

 4         21.008  Public hearings.--Not later than March 1 of the

 5  year in which a state agency and its advisory committees are

 6  scheduled to be abolished, the committee shall have finished

 7  conducting all public hearings concerning, but not limited to,

 8  the application to the agency and its advisory committees of

 9  the criteria provided in s. 21.0111.

10         21.009  Committee report.--

11         (1)  By March 1 of each year, the committee shall

12  present to the President of the Senate, the Speaker of the

13  House of Representatives, and the Governor a report on the

14  agencies and advisory committees scheduled to be abolished

15  that year.

16         (2)  In the report, the committee shall include:

17         (a)  Its specific findings regarding each of the

18  criteria prescribed by s. 21.0111.

19         (b)  Its recommendations based on the matters

20  prescribed by s. 21.012.

21         (c)  Other information the committee considers

22  necessary for a complete evaluation of each agency and its

23  advisory committees.

24         21.0111  Criteria for review.--The committee shall

25  consider the following criteria in determining whether a

26  public need exists for the continuation of a state agency or

27  its advisory committees or for the performance of the

28  functions of the agency or its advisory committees:

29         (1)  The efficiency with which the agency or advisory

30  committee operates.

31  

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 1         (2)  An identification of the objectives intended for

 2  the agency or advisory committee and the problem or need that

 3  the agency or advisory committee was intended to address, the

 4  extent to which the objectives have been achieved, and any

 5  activities of the agency in addition to those granted by

 6  statute and the authority for these activities.

 7         (3)  An assessment of less restrictive or alternative

 8  methods of providing any regulatory function for which the

 9  agency is responsible while adequately protecting the public.

10         (4)  The extent to which the advisory committee is

11  needed and is used.

12         (5)  The extent to which the jurisdiction of the agency

13  and the programs administered by the agency overlap or

14  duplicate those of other agencies and the extent to which the

15  programs administered by the agency can be consolidated with

16  the programs of other state agencies.

17         (6)  Whether the agency has recommended to the

18  Legislature statutory changes calculated to be of benefit to

19  the public rather than to an occupation, business, or

20  institution that the agency regulates.

21         (7)  The promptness and effectiveness with which the

22  agency disposes of complaints concerning persons affected by

23  the agency.

24         (8)  The extent to which the agency has encouraged

25  participation by the public in making its rules and decisions

26  as opposed to participation solely by those it regulates and

27  the extent to which the public participation has resulted in

28  rules compatible with the objectives of the agency.

29         (9)  The extent to which the agency has complied with

30  applicable requirements of:

31  

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 1         (a)  An agency of the Federal Government or of this

 2  state regarding equality of employment opportunity and the

 3  rights and privacy of individuals.

 4         (b)  State law and applicable rules of any state agency

 5  regarding purchasing goals and programs for historically

 6  underutilized businesses.

 7         (10)  The extent to which changes are necessary in the

 8  enabling statutes of the agency so that the agency can

 9  adequately comply with the criteria listed in this section.

10         (11)  The extent to which the agency issues and

11  enforces rules relating to potential conflicts of interest of

12  its employees.

13         (12)  The extent to which the agency complies with

14  public records and public meetings requirements under chapters

15  119 and 287 and s. 24, Art. I of the State Constitution and

16  follows records management practices that enable the agency to

17  respond efficiently to requests for public information.

18         (13)  The extent to which the agency complies with

19  requirements for maintaining transparency in its budget

20  reports.

21         (14)  The extent to which the agency accurately reports

22  performance measures used to justify state spending on each of

23  its activities, services, and programs.

24         (15)  The effect of federal intervention or loss of

25  federal funds if the agency is abolished.

26         (16)  Whether any advisory committee or any other part

27  of the agency exercises its powers and duties independently of

28  the direct supervision of the agency head in violation of s.

29  6, Art. IV of the State Constitution.

30         21.012  Recommendations.--In its report on a state

31  agency, the committee shall:

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 1         (1)  Make recommendations on the abolition,

 2  continuation, or reorganization of each affected state agency

 3  and its advisory committees and on the need for the

 4  performance of the functions of the agency and its advisory

 5  committees.

 6         (2)  Make recommendations on the consolidation,

 7  transfer, or reorganization of programs within state agencies

 8  not under review when the programs duplicate functions

 9  performed in agencies under review.

10         (3)  Recommend appropriation levels for each state

11  agency and advisory committee for which abolition or

12  reorganization is recommended under subsection (1) or

13  subsection (2).

14         (4)  Include drafts of legislation necessary to carry

15  out the committee's recommendations under subsection (1) or

16  subsection (2).

17         21.0125  Review of certain agencies.--In the year

18  preceding the date scheduled for the abolition of a state

19  agency and its advisory committees under this chapter, the

20  committee may recommend exempting certain agencies from the

21  requirements of this chapter relating to staff reports,

22  hearings, and evaluations.

23         21.0126  Monitoring of recommendations.--During each

24  legislative session, the staff of the committee shall monitor

25  legislation affecting agencies that have undergone review

26  under this chapter and shall periodically report to the

27  members of the committee on proposed changes that would modify

28  prior recommendations of the committee.

29         21.013  Abolition of advisory committees.--An advisory

30  committee is abolished on the date set for abolition of the

31  

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 1  agency unless the advisory committee is expressly continued by

 2  law.

 3         21.015  Continuation by law.--

 4         (1)  During the regular session immediately before a

 5  state agency and its advisory committees are scheduled to be

 6  abolished, the Legislature, by law, may continue the agency or

 7  any of its advisory committees for a period not to exceed 8

 8  years.

 9         (2)  This chapter does not prohibit the Legislature

10  from:

11         (a)  Abolishing a state agency or advisory committee on

12  a date earlier than that scheduled in this chapter; or

13         (b)  Considering any other legislation relative to a

14  state agency or advisory committee scheduled to be abolished

15  under this chapter.

16         21.016  Legislative consideration.--

17         (1)  Except as provided by subsection (2), the

18  Legislature may not consider in one bill the continuation,

19  transfer, or modification of more than one state agency and

20  the agency's functions and advisory committees.

21         (2)  If more than one agency, advisory committee, or

22  function is to be consolidated, the Legislature may consider

23  in one bill only the agencies or advisory committees to be

24  consolidated.

25         (3)  A bill to continue a state agency, to transfer its

26  functions, or to consolidate it with another agency must

27  mention the affected agencies in the title of the bill.

28         21.017  Procedure after termination.--

29         (1)  A state agency that is abolished may continue in

30  existence until July 1 of the following year to conclude its

31  business. Unless the law provides otherwise, abolishment does

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 1  not reduce or otherwise limit the powers and authority of the

 2  state agency during the concluding year. A state agency is

 3  terminated and shall cease all activities at the expiration of

 4  the 1-year period. Unless the law provides otherwise, all

 5  rules that have been adopted by the state agency expire at the

 6  expiration of the 1-year period.

 7         (2)  Any unobligated and unexpended appropriations of

 8  an abolished agency or advisory committee lapse on July 1 of

 9  the year following abolishment.

10         (3)  Except as provided by subsection (5) or as

11  otherwise provided by law, all money in a dedicated fund of an

12  abolished state agency or advisory committee on July 1 of the

13  year immediately following abolishment is transferred to the

14  General Revenue Fund. The part of the law dedicating the money

15  to a specific fund of an abolished agency becomes void on July

16  1 of the year immediately following abolishment.

17         (4)  If not otherwise provided by law, property and

18  records in the custody of an abolished state agency or

19  advisory committee on July 1 of the year immediately following

20  abolishment shall be transferred to the Department of

21  Management Services.

22         (5)  The Legislature recognizes the state's continuing

23  obligation to pay bonded indebtedness and all other

24  obligations, including lease, contract, and other written

25  obligations, incurred by a state agency abolished under this

26  chapter, and this chapter does not impair or impede the

27  payment of bonded indebtedness and all other obligations,

28  including lease, contract, and other written obligations, in

29  accordance with their terms. If an abolished state agency has

30  outstanding bonded indebtedness or other outstanding

31  obligations, including lease, contract, and other written

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 1  obligations, the bonds and all other obligations, including

 2  lease, contract, and other written obligations, remain valid

 3  and enforceable in accordance with their terms and subject to

 4  all applicable terms and conditions of the laws and

 5  proceedings authorizing the bonds and all other obligations,

 6  including lease, contract, and other written obligations. If

 7  not otherwise provided by law, the Department of Management

 8  Services shall continue to carry out all covenants contained

 9  in the bonds and in all other obligations, including lease,

10  contract, and other written obligations, and the proceedings

11  authorizing them, including the issuance of bonds, and the

12  performance of all other obligations, including lease,

13  contract, and other written obligations, to complete the

14  construction of projects or the performance of other

15  obligations, including lease, contract, and other written

16  obligations. The designated state agency shall provide payment

17  from the sources of payment of the bonds in accordance with

18  the terms of the bonds and shall provide payment from the

19  sources of payment of all other obligations, including lease,

20  contract, and other written obligations, in accordance with

21  their terms, whether from taxes, revenues, or otherwise, until

22  the bonds and interest on the bonds are paid in full and all

23  other obligations, including lease, contract, and other

24  written obligations, are performed and paid in full. If the

25  proceedings so provide, all funds established by laws or

26  proceedings authorizing the bonds or authorizing other

27  obligations, including lease, contract, and other written

28  obligations, shall remain with the Chief Financial Officer or

29  the previously designated trustees. If the proceedings do not

30  provide that the funds remain with the Chief Financial Officer

31  

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 1  or the previously designated trustees, the funds shall be

 2  transferred to the designated state agency.

 3         21.018  Subpoena power.--

 4         (1)  The President of the Senate or the Speaker of the

 5  House of Representatives may issue process to compel the

 6  attendance of witnesses and the production of books, records,

 7  papers, and other objects necessary or proper for the purposes

 8  of the committee proceedings. The process may be served on a

 9  witness at any place in this state.

10         (2)  If a majority of the committee directs the

11  issuance of a subpoena, the chair shall request that the

12  President of the Senate or the Speaker of the House of

13  Representatives issue the subpoena.

14         (3)  Testimony taken under subpoena must be reduced to

15  writing and given under oath subject to the penalties of

16  perjury.

17         (4)  A witness who attends a committee proceeding under

18  process is entitled to the same mileage and per diem as a

19  witness who appears before a grand jury in this state.

20         21.019  Assistance of and access to state agencies.--

21         (1)  The committee may request the assistance of state

22  agencies and officers. When assistance is requested, a state

23  agency or officer shall assist the committee.

24         (2)  In carrying out its functions under this chapter,

25  the committee or its designated staff member may inspect the

26  records, documents, and files of any state agency.

27         21.0211  Saving provision.--Except as otherwise

28  expressly provided by law, abolishment of a state agency does

29  not affect rights and duties that matured, penalties that were

30  incurred, civil or criminal liabilities that arose, or

31  

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 1  proceedings that were begun before the effective date of the

 2  abolishment.

 3         21.022  Review of proposed legislation creating a new

 4  agency or advisory committee.--

 5         (1)  Each bill filed in the Senate or the House of

 6  Representatives that would create a new state agency or a new

 7  advisory committee to a state agency shall be forwarded by the

 8  President of the Senate or the Speaker of the House of

 9  Representatives, as applicable, to the committee.

10         (2)  The committee shall review the bill to determine

11  whether:

12         (a)  The proposed regulatory and other functions of the

13  state agency or advisory committee could be administered by

14  one or more existing state agencies or advisory committees;

15         (b)  The form of regulation, if any, proposed by the

16  bill is the least restrictive form of regulation that will

17  adequately protect the public;

18         (c)  The bill provides for adequate public input

19  regarding any regulatory function proposed by the bill; and

20         (d)  The bill provides for adequate protection against

21  conflicts of interest within the state agency or advisory

22  committee.

23         (3)  After reviewing the bill, the committee shall

24  forward a written comment concerning the legislation to the

25  sponsor of the bill and to the chair of the substantive

26  legislative committee to which the bill is referred, and

27  implementation may not take place until a recommendation is

28  made.

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

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Creates the Florida Government Accountability Act.
      Provides a schedule for abolishing state agencies and
 4    agency advisory committees. Provides for a Legislative
      Sunset Advisory Committee to review each agency and
 5    committee before the scheduled abolishment and make
      recommendations to the Legislature concerning the agency
 6    and committee. Authorizes the Senate and the House of
      Representatives to employ staff to assist the Legislative
 7    Sunset Advisory Committee and requires that the Auditor
      General and the Office of Program Policy Analysis and
 8    Government Accountability assist the committee in
      conducting its reviews. Specifies the items concerning
 9    each agency which are subject to review. Requires that a
      recommendation for continuation or abolishment of an
10    agency include appropriation levels and proposed
      legislation. Provides procedures for a state agency
11    following its abolishment. (See bill for details.)

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