Senate Bill sb1152c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1152
By the Committee on General Government Appropriations; and
Senator Carlton
601-2688-07
1 A bill to be entitled
2 An act relating to the Florida Government
3 Accountability Act; amending s. 11.902, F.S.;
4 redefining the term "committee" and defining
5 the term "joint committee" for purposes of the
6 act; amending s. 11.903, F.S.; providing for
7 the Senate and the House of Representatives to
8 jointly appoint a Legislative Sunset Advisory
9 Committee to oversee the review process
10 required under the act; providing terms of
11 office for commission members; amending s.
12 11.904, F.S.; providing for staff of a
13 committee; requiring the Auditor General to
14 assist review committees and a joint committee
15 upon request; amending s. 11.905, F.S.;
16 revising the schedule for reviewing state
17 agencies and advisory committees; amending s.
18 11.9055, F.S.; providing duties of an agency or
19 advisory committee if the Legislature fails to
20 take action to continue the agency or committee
21 by the required date; amending s. 11.906, F.S.;
22 revising the date before a review by which the
23 agency is required to provide a report;
24 revising the requirements for the report;
25 amending ss. 11.907 and 11.908, F.S.; revising
26 the procedures for a review of an agency;
27 revising the duties of the Office of Program
28 Policy Analysis and Government Accountability;
29 requiring the Legislative Sunset Review
30 Committee to propose legislation if necessary;
31 amending s. 11.910, F.S.; revising certain
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1152
601-2688-07
1 criteria for the review of an agency and its
2 advisory committees; amending s. 11.911, F.S.;
3 requiring that the Legislative Sunset Review
4 Committee provide proposed legislation;
5 amending s. 11.918, F.S.; authorizing the
6 committee to exercise any powers vested in a
7 standing committee of the Legislature; amending
8 s. 11.919, F.S.; authorizing the committee to
9 access and request information from state
10 agencies and officers; providing an effective
11 date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (3) of section 11.902, Florida
16 Statutes, is amended, and subsection (4) is added to that
17 section, to read:
18 11.902 Definitions.--As used in ss. 11.901-11.920, the
19 term:
20 (3) "Committee" means any Legislative Sunset Review
21 Advisory Committee appointed pursuant to s. 11.903.
22 (4) "Joint committee" means any Legislative Sunset
23 Advisory Committee appointed pursuant to s. 11.903.
24 Section 2. Section 11.903, Florida Statutes, is
25 amended to read:
26 11.903 Legislative Sunset Review Advisory Committees
27 and the Joint Legislative Sunset Advisory Committee.--
28 (1) The Senate and House of Representatives may,
29 pursuant to the rules of each house, appoint one or more
30 standing or select committees as a Legislative Sunset Review
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1152
601-2688-07
1 Advisory Committee to conduct advise the Legislature regarding
2 the agency reviews sunsets required by ss. 11.901-11.920.
3 (2) The Senate and House of Representatives may,
4 pursuant to the joint rules of both houses, appoint a one or
5 more Joint committees as a Legislative Sunset Advisory
6 Committee for the purpose of overseeing to advise the
7 Legislature regarding the agency review process sunsets
8 required by ss. 11.901-11.920.
9 (3) Members of the committees and joint committees
10 shall serve at the pleasure of their appointing presiding
11 officer for a term terms of 2 years each or until the next
12 general election, whichever occurs earlier.
13 (4) Initial appointments shall be made not later than
14 November 30, 2006, and subsequent appointments shall be made
15 not later than January 15 of the year following each
16 organization session of the Legislature.
17 (4)(5) If a legislative member ceases to be a member
18 of the house from which he or she was appointed, the member
19 vacates his or her membership on the committee or joint
20 committees.
21 Section 3. Section 11.904, Florida Statutes, is
22 amended to read:
23 11.904 Staff.--The Senate and the House of
24 Representatives may each employ staff to work for the joint
25 chair and vice chair of the committee on matters related to
26 committee activities. The Auditor General and The Office of
27 Program Policy Analysis and Government Accountability shall
28 provide primary research services as directed by the committee
29 and the joint committee and assist the committee in conducting
30 the reviews its review under s. 11.910. Upon request, the
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1152
601-2688-07
1 Auditor General shall assist the committees and the joint
2 committee.
3 Section 4. Section 11.905, Florida Statutes, is
4 amended to read:
5 11.905 Schedule for reviewing state agencies and
6 advisory committees.--The following state agencies, including
7 their advisory committees, or the following advisory
8 committees of agencies shall be reviewed according to the
9 following schedule:
10 (1) Reviewed by July 1, 2008:
11 (a) Statutorily created responsibilities of the Fish
12 and Wildlife Conservation Commission.
13 (b) Department of Agriculture and Consumer Services.
14 (c) Department of Citrus, including the Citrus
15 Commission.
16 (d) Department of Environmental Protection.
17 (e) Department of Highway Safety and Motor Vehicles.
18 (f) Water management districts.
19 (2) Reviewed by July 1, 2010 2009:
20 (a) Department of Children and Family Services.
21 (b) Department of Community Affairs.
22 (c) Department of Management Services.
23 (d) Department of State.
24 (3) Reviewed by July 1, 2012 2010:
25 (a) Advisory committees for the Florida Community
26 College System.
27 (b) Advisory committees for the State University
28 System.
29 (c) Agency for Workforce Innovation.
30 (d) Department of Education.
31 (e) Department of the Lottery.
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1152
601-2688-07
1 (4) Reviewed by July 1, 2014 2011:
2 (a) Agency for Health Care Administration.
3 (b) Agency for Persons with Disabilities.
4 (c) Department of Elderly Affairs.
5 (d) Department of Health.
6 (5) Reviewed by July 1, 2016 2012:
7 (a) Department of Business and Professional
8 Regulation.
9 (b) Department of Transportation.
10 (c) Department of Veterans' Affairs.
11 (6) Reviewed by July 1, 2018 2013:
12 (a) Advisory committees for the State Board of
13 Administration.
14 (b) Department of Financial Services, including the
15 Financial Services Commission.
16 (c) Department of Revenue.
17 (7) Reviewed by July 1, 2020 2014:
18 (a) Department of Corrections.
19 (b) Department of Juvenile Justice.
20 (c) Department of Law Enforcement.
21 (d) Department of Legal Affairs.
22 (e) Justice Administrative Commission.
23 (f) Parole Commission.
24 (8) Reviewed by July 1, 2022 2015:
25 (a) Executive Office of the Governor.
26 (b) Florida Public Service Commission.
27 Section 5. Section 11.9055, Florida Statutes, is
28 amended to read:
29 11.9055 Abolition of state agencies and advisory
30 committees.--
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1152
601-2688-07
1 (1) An agency subject to review by the Legislature
2 Legislative Committee on Sunset Review shall be abolished on
3 June 30 following the date of review specified in s. 11.905,
4 unless the Legislature continues the agency or advisory
5 committee; however, an agency may not be abolished unless the
6 Legislature finds, pursuant to law, that all state laws the
7 agency had responsibility to implement or enforce have been
8 repealed, revised, or reassigned to another remaining agency
9 and that adequate provision has been made for the transfer to
10 a successor agency of all duties and obligations relating to
11 bonds, loans, promissory notes, lease-purchase lease purchase
12 agreements, installment sales contracts, certificates of
13 participation, master equipment financing agreements, or any
14 other form of indebtedness such that security therefor and the
15 rights of bondholders or holders of other indebtedness are not
16 impaired.
17 (2) If the Legislature does not take action before the
18 date of review to continue the agency or advisory committee,
19 the agency shall submit its legislative budget request
20 consistent with the provisions of chapter 216 recommendations
21 of the appropriate Legislative committee on Sunset Review or
22 any law transferring the agency's functions to other entities.
23 Such agency shall continue to be subject to annual sunset
24 review by the Legislature until the Legislature enacts
25 legislation relating to the agency's continuation,
26 modification, or termination.
27 Section 6. Section 11.906, Florida Statutes, is
28 amended to read:
29 11.906 Agency report to the Legislature
30 committee.--Not later than July 1, 2 years January 1 of the
31 year preceding the year in which a state agency and its
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1152
601-2688-07
1 advisory committees are scheduled to be reviewed, the agency
2 shall provide the Legislature committee with a report that
3 includes:
4 (1) The performance measures for each program and
5 activity as provided in s. 216.011 and 3 years of data for
6 each measure that provides actual results for the immediately
7 preceding 2 years and projected results for the current fiscal
8 year that begins in the year that the agency report is
9 scheduled to be submitted to the Legislature.
10 (2) An explanation of factors that have contributed to
11 any failure to achieve the legislative standards.
12 (3) The promptness and effectiveness with which the
13 agency disposes of complaints concerning persons affected by
14 the agency.
15 (4) The extent to which the agency has encouraged
16 participation by the public in making its rules and decisions
17 as opposed to participation solely by those it regulates and
18 the extent to which public participation has resulted in rules
19 compatible with the objectives of the agency.
20 (5) The extent to which the agency has complied with
21 applicable requirements of state law and applicable rules
22 regarding purchasing goals and programs for small and
23 minority-owned businesses historically underutilized
24 businesses.
25 (6) A statement of any statutory objectives intended
26 for each program and activity, the problem or need that the
27 program and activity were intended to address, and the extent
28 to which these objectives have been achieved.
29 (7) An assessment of the extent to which the
30 jurisdiction of the agency and its programs overlap or
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1152
601-2688-07
1 duplicate those of other agencies and the extent to which the
2 programs can be consolidated with those of other agencies.
3 (8) An assessment of less restrictive or alternative
4 methods of providing services for which the agency is
5 responsible which would reduce costs or improve performance
6 while adequately protecting the public.
7 (9) An assessment of the extent to which the agency
8 has corrected deficiencies and implemented recommendations
9 contained in reports of the Auditor General, the Office of
10 Program Policy Analysis and Government Accountability,
11 legislative interim studies, and federal audit entities.
12 (10) The process by which an agency actively measures
13 quality and efficiency of services it provides to the public.
14 The extent to which the agency enforces laws relating to
15 potential conflicts of interest of its employees.
16 (11) The extent to which the agency complies with
17 public records and public meetings requirements under chapters
18 119 and 286 and s. 24, Art. I of the State Constitution.
19 (12) The extent to which alternative program delivery
20 options, such as privatization, outsourcing, or insourcing,
21 have been considered to reduce costs or improve services to
22 state residents.
23 (13) Recommendations to the Legislature committee for
24 statutory, or budgetary, or regulatory changes that would
25 improve the quality and efficiency of services delivered to
26 the public program operations, reduce costs, or reduce
27 duplication.
28 (14) The effect of federal intervention or loss of
29 federal funds if the agency, program, or activity is
30 abolished.
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1152
601-2688-07
1 (15) A list of all advisory committees, including
2 those established in statute and those established by
3 managerial initiative; their purpose, activities, composition,
4 and related expenses; the extent to which their purposes have
5 been achieved; and the rationale for continuing or eliminating
6 each advisory committee.
7 (16) Agency programs or functions that are performed
8 without specific statutory authority.
9 (17) Other information requested by the Legislature
10 committee.
11
12 Information and data reported by the agency shall be validated
13 by its agency head and inspector general before submission to
14 the Legislature committee.
15 Section 7. Section 11.907, Florida Statutes, is
16 amended to read:
17 11.907 Legislative review.--Upon receipt of an agency
18 report pursuant to s. 11.906, the appropriate committee shall
19 conduct a review of the agency and may direct the Office of
20 Program Policy Analysis and Government Accountability to shall
21 conduct a program evaluation and justification review, as
22 defined in s. 11.513, of the agency and its advisory
23 committees, including an examination of the cost of each
24 agency program, an evaluation of best practices and
25 alternatives that would result in the administration of the
26 agency in a more efficient or effective manner, and
27 examination of the viability of privatization or a different
28 state agency performing the functions, and an evaluation of
29 the cost and consequences of discontinuing the agency. The
30 reviews review shall be comprehensive in its scope and shall
31 consider the information provided by the agency report in
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1152
601-2688-07
1 addition to information deemed necessary by the office and the
2 appropriate Legislative Sunset Advisory committee or the joint
3 committee. The Office of Program Policy Analysis and
4 Government Accountability shall submit its report to the
5 Legislature in a timeframe prescribed by the committee
6 requesting the review committee and to the President of the
7 Senate and the Speaker of the House of Representatives by
8 October 31 of the year in which the agency submits its report.
9 The Office of Program Policy Analysis and Government
10 Accountability shall include in its reports report
11 recommendations for consideration by the Legislature
12 committee.
13 Section 8. Section 11.908, Florida Statutes, is
14 amended to read:
15 11.908 Committee duties.--No later than March 1 of the
16 year in which a state agency or its advisory committees are
17 scheduled to be reviewed, the committee shall:
18 (1) Review the information submitted by the agency and
19 the reports of any independent reviews directed by the
20 committee, including those conducted by report of the Office
21 of Program Policy Analysis and Government Accountability.
22 (2) Consult with the Legislative Budget Commission,
23 relevant substantive and appropriations committees of the
24 Senate and the House of Representatives, the Governor's Office
25 of Policy and Budgeting, the Auditor General, and the Chief
26 Financial Officer, or their successors, relating to the review
27 of on the application to the agency and its advisory
28 committees of the criteria provided in s. 11.910.
29 (3) Hold public hearings to consider this information
30 as well as other information and testimony that the committee
31 deems necessary.
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1152
601-2688-07
1 (4) Present to the President of the Senate and the
2 Speaker of the House of Representatives a report on the
3 agencies and advisory committees scheduled to be reviewed that
4 year by the committee. In the report, the committee shall
5 include its specific findings and recommendations regarding
6 each of the information considered pursuant to criteria
7 prescribed by s. 11.910, and shall also make recommendations
8 as described in s. 11.911, and propose legislation as it
9 considers necessary.
10 Section 9. Section 11.910, Florida Statutes, is
11 amended to read:
12 11.910 Information Criteria for review.--The committee
13 may shall consider information submitted pursuant to s. 11.906
14 as well as any additional information it considers relevant
15 the following criteria in determining whether a public need
16 exists for the continuation of a state agency or its advisory
17 committees or for the performance of any of the functions of
18 the agency or its advisory committees.:
19 (1) Agency compliance with the accountability
20 measures, as analyzed by the Auditor General, the Office of
21 Program Policy Analysis and Government Accountability, and the
22 Office of Policy and Budget within the Executive Office of the
23 Governor, pursuant to ss. 216.013 and 216.023(4) and (5).
24 (2) The efficiency with which the agency or advisory
25 committee operates.
26 (3) The statutory objectives of the agency or advisory
27 committee and the problem or need that the agency or advisory
28 committee is intended to address, the extent to which the
29 objectives have been achieved, and any activities of the
30 agency in addition to those granted by statute and the
31 authority for these activities.
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1152
601-2688-07
1 (4) An assessment of less restrictive or alternative
2 methods of providing any regulatory function for which the
3 agency is responsible while adequately protecting the public.
4 (5) The extent to which the advisory committee is
5 needed and is used.
6 (6) The extent to which the jurisdiction of the agency
7 and the programs administered by the agency overlap or
8 duplicate those of other agencies and the extent to which the
9 programs administered by the agency can be consolidated with
10 the programs of other state agencies.
11 (7) Whether the agency has recommended to the
12 Legislature statutory changes calculated to be of benefit to
13 the public rather than to an occupation, business, or
14 institution that the agency regulates.
15 (8) The promptness and effectiveness with which the
16 agency disposes of complaints concerning persons affected by
17 the agency.
18 (9) The extent to which the agency has encouraged
19 participation by the public in making its rules and decisions
20 as opposed to participation solely by those it regulates and
21 the extent to which the public participation has resulted in
22 rules compatible with the objectives of the agency.
23 (10) The extent to which the agency has complied with
24 applicable requirements of state law and applicable rules of
25 any state agency regarding purchasing goals and programs for
26 historically underutilized businesses.
27 (11) The extent to which changes are necessary in the
28 enabling statutes of the agency so that the agency can
29 adequately comply with the criteria listed in this section.
30
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1152
601-2688-07
1 (12) The extent to which the agency adopts and
2 enforces rules relating to potential conflicts of interest of
3 its employees.
4 (13) The extent to which the agency complies with
5 public records and public meetings requirements under chapters
6 119 and 287 and s. 24, Art. I of the State Constitution and
7 follows records management practices that enable the agency to
8 respond efficiently to requests for public information.
9 (14) The extent to which the agency accurately reports
10 performance measures used to justify state spending on each of
11 its activities, services, and programs.
12 (15) The effect of federal intervention or loss of
13 federal funds if the agency is abolished.
14 (16) Whether any advisory committee or any other part
15 of the agency exercises its powers and duties independently of
16 the direct supervision of the agency head in violation of s.
17 6, Art. IV of the State Constitution.
18 Section 10. Subsection (3) of section 11.911, Florida
19 Statutes, is amended to read:
20 11.911 Recommendations.--In its report on a state
21 agency, the committee shall:
22 (3) Propose Include drafts of legislation necessary to
23 carry out the committee's recommendations under subsection (1)
24 or subsection (2).
25 Section 11. Section 11.918, Florida Statutes, is
26 amended to read:
27 11.918 Subpoena power.--Any Legislative Sunset Review
28 Advisory Committee may take under investigation any matter
29 within the scope of a sunset review either completed or then
30 being conducted by the committee, and, in connection with such
31 investigation, may exercise the powers of subpoena by law and
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1152
601-2688-07
1 any other powers vested in a standing committee of the
2 Legislature pursuant to s. 11.143.
3 Section 12. Subsection (1) of section 11.919, Florida
4 Statutes, is amended to read:
5 11.919 Assistance of and access to state agencies.--
6 (1) The committee may access or request information
7 and request the assistance of state agencies and officers.
8 When assistance is requested, a state agency or officer shall
9 assist the committee.
10 Section 13. This act shall take effect July 1, 2007.
11
12 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
13 Senate Bill 1152
14
15 Modifies the Governmental Accountability Act (also known as
the Agency Sunset Act) by spreading out the time frames for
16 agency reviews, with a new set of agencies under review every
other year rather than every year.
17
Clarifies the role of the review committees, the Office of
18 Program Policy and Government Accountability, and the Auditor
General.
19
20
21
22
23
24
25
26
27
28
29
30
31
14
CODING: Words stricken are deletions; words underlined are additions.