HB 7197

1	A bill to be entitled
2	An act relating to governmental operations; creating s.
3	216.0236, F.S.; providing legislative intent that all
4	costs of providing a regulatory service or regulating a
5	profession or business be borne solely by those who
6	receive the service or who are subject to regulation;
7	requiring each state agency to annually examine the fees
8	it charges for providing regulatory services and oversight
9	to businesses or professions; providing criteria for the
10	examination; requiring, under specified circumstances,
11	that each agency, as part of its legislative budget
12	request, provide to the Governor and the Legislature
13	alternatives to make a regulatory service or program self-
14	sufficient or provide justification for a partial subsidy
15	from other state funds; requiring periodic review of
16	regulatory fees by the Legislature; providing an effective
17	date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Section 216.0236, Florida Statutes, is created
22	to read:
23	216.0236  Agency fees for regulatory services or oversight;
24	criteria.--
25	(1)  It is the intent of the Legislature that all costs of
26	providing a regulatory service or regulating a profession or
27	business be borne solely by those who receive the service or who
28	are subject to regulation. It is also the intent of the
29	Legislature that the fees charged for providing a regulatory
30	service or regulating a profession or business be reasonable and
31	take into account the differences between the types of
32	professions or businesses being regulated. Moreover, it is the
33	intent of the Legislature that state agencies operate as
34	efficiently as possible and regularly report to the Legislature
35	additional methods by which to streamline their operational
36	costs.
37	(2)  In accordance with the instructions for legislative
38	budget requests, each state agency shall annually examine the
39	fees it charges for providing regulatory services and oversight
40	to businesses or professions. The annual examination shall
41	determine whether operational efficiencies can be achieved in
42	the regulatory program under examination, whether the regulatory
43	activity is an appropriate function that the agency should
44	continue at its current level, and whether the fees charged for
45	each regulatory program are:
46	(a)  Based on revenue projections that are prepared using
47	generally accepted governmental accounting procedures or
48	official estimates by the Revenue Estimating Conference, if
49	applicable.
50	(b)  Adequate to cover both the direct and indirect costs
51	of providing the regulatory service or oversight.
52	(c)  Reasonable and take into account differences between
53	the types of professions or businesses that are regulated.
54	(3)  If the agency determines that the fees charged for
55	regulatory services or oversight to businesses or professions
56	are not adequate to cover program costs and that an
57	appropriation from other state funds is necessary to supplement
58	the direct or indirect costs of providing a regulatory service
59	or program, the agency shall present to the Governor and the
60	Legislature as part of its legislative budget request
61	information regarding alternatives for realigning revenues and
62	costs to make the regulatory service or program totally self-
63	sufficient or shall demonstrate that the service or program
64	provides substantial benefits to the public that justify a
65	partial subsidy from other state funds. The Legislature shall
66	review the alternatives during the next regular session of the
67	Legislature.
68	(4)  The Legislature shall review the regulatory fee
69	structure for all businesses and professions at least once every
70	5 years. The schedule for such review may be included in the
71	legislative budget instructions developed pursuant to the
72	requirements of s. 216.023.
73	Section 2.  This act shall take effect July 1, 2006.

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