Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. HB 7177, 1st Eng.
                        Barcode 123830
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3         Floor: WD/3R            .                    
       05/03/2007 12:35 PM         .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Carlton moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Subsection (3) of section 11.902, Florida
18  Statutes, is amended, and subsection (4) is added to that
19  section, to read:
20         11.902  Definitions.--As used in ss. 11.901-11.920, the
21  term:
22         (3)  "Committee" means any Legislative Sunset Review
23  Advisory Committee appointed pursuant to s. 11.903.
24         (4)  "Joint committee" means the Legislative Sunset
25  Committee appointed pursuant to s. 11.903.
26         Section 2.  Section 11.903, Florida Statutes, is
27  amended to read:
28         11.903  Legislative Sunset Review Advisory Committees
29  and the Joint Legislative Sunset Committee.--
30         (1)  The Senate and House of Representatives may,
31  pursuant to the rules of each house, appoint one or more
                                  1
    12:22 PM   05/03/07                          h717701e1d-23-3aa

Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7177, 1st Eng. Barcode 123830 1 standing or select committees as a Legislative Sunset Review 2 Committees Advisory Committee to conduct independent reviews 3 for each house advise the Legislature regarding the agency 4 sunsets required by ss. 11.901-11.920. 5 (2) The Senate and House of Representatives shall may, 6 pursuant to the joint rules of both houses, appoint a one or 7 more Joint committees as a Legislative Sunset Advisory 8 Committee for the purposes of overseeing to advise the 9 Legislature regarding the agency review process sunsets 10 required by ss. 11.901-11.920 and of making recommendations to 11 the Legislature. 12 (3) Members of the committees and joint committee 13 shall serve at the pleasure of their appointing presiding 14 officer for a term terms of 2 years each or until the next 15 general election, whichever occurs earlier. 16 (a) The Legislative Sunset Committee established under 17 this subsection shall be a joint committee composed of 10 18 members: five members of the Senate appointed by the President 19 of the Senate and five members of the House of Representatives 20 appointed by the Speaker of the House of Representatives. 21 (b) The presiding officer of each house shall appoint 22 a chair who shall serve as co-chair of the joint committee 23 established under this subsection. Each co-chair shall serve 24 at the pleasure of the appointing presiding officer for a term 25 of 2 years or until the next general election. 26 (4) Initial appointments shall be made not later than 27 November 30, 2006, and subsequent appointments shall be made 28 not later than January 15 of the year following each 29 organization session of the Legislature. 30 (4)(5) If a legislative member ceases to be a member 31 of the house from which he or she was appointed, the member 2 12:22 PM 05/03/07 h717701e1d-23-3aa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7177, 1st Eng. Barcode 123830 1 vacates his or her membership on the committee or joint 2 committee. 3 Section 3. Section 11.904, Florida Statutes, is 4 amended to read: 5 11.904 Staff.--The Senate and the House of 6 Representatives may each employ staff to work for the joint 7 chair and vice chair of the committee on matters related to 8 joint committee activities. The Auditor General and The Office 9 of Program Policy Analysis and Government Accountability shall 10 provide primary research services as directed by the committee 11 and the joint committee and assist the committee in conducting 12 the reviews its review under s. 11.910. Upon request, the 13 Auditor General shall assist the committees and the joint 14 committee. 15 Section 4. Section 11.905, Florida Statutes, is 16 amended to read: 17 11.905 Schedule for reviewing state agencies and 18 advisory committees.--The following state agencies, including 19 their advisory committees, or the following advisory 20 committees of agencies shall be reviewed according to the 21 following schedule: 22 (1) Reviewed by July 1, 2008: 23 (a) Statutorily created responsibilities of the Fish 24 and Wildlife Conservation Commission. 25 (b) Department of Agriculture and Consumer Services. 26 (c) Department of Citrus, including the Citrus 27 Commission. 28 (d) Department of Environmental Protection. 29 (e) Department of Highway Safety and Motor Vehicles. 30 (f) Water management districts. 31 (2) Reviewed by July 1, 2010 2009: 3 12:22 PM 05/03/07 h717701e1d-23-3aa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7177, 1st Eng. Barcode 123830 1 (a) Department of Children and Family Services. 2 (b) Department of Community Affairs. 3 (c) Department of Management Services. 4 (d) Department of State. 5 (3) Reviewed by July 1, 2012 2010: 6 (a) Advisory committees for the Florida Community 7 College System. 8 (b) Advisory committees for the State University 9 System. 10 (c) Agency for Workforce Innovation. 11 (d) Department of Education. 12 (e) Department of the Lottery. 13 (4) Reviewed by July 1, 2014 2011: 14 (a) Agency for Health Care Administration. 15 (b) Agency for Persons with Disabilities. 16 (c) Department of Elderly Affairs. 17 (d) Department of Health. 18 (5) Reviewed by July 1, 2016 2012: 19 (a) Department of Business and Professional 20 Regulation. 21 (b) Department of Transportation. 22 (c) Department of Veterans' Affairs. 23 (6) Reviewed by July 1, 2018 2013: 24 (a) Advisory committees for the State Board of 25 Administration. 26 (b) Department of Financial Services, including the 27 Financial Services Commission. 28 (c) Department of Revenue. 29 (7) Reviewed by July 1, 2020 2014: 30 (a) Department of Corrections. 31 (b) Department of Juvenile Justice. 4 12:22 PM 05/03/07 h717701e1d-23-3aa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7177, 1st Eng. Barcode 123830 1 (c) Department of Law Enforcement. 2 (d) Department of Legal Affairs. 3 (e) Justice Administrative Commission. 4 (f) Parole Commission. 5 (8) Reviewed by July 1, 2022 2015: 6 (a) Executive Office of the Governor. 7 (b) Florida Public Service Commission. 8 9 Upon completion of this cycle, each agency shall again be 10 subject to sunset review 10 years after its initial review. 11 Section 5. Section 11.9055, Florida Statutes, is 12 amended to read: 13 11.9055 Abolition of state agencies and advisory 14 committees.-- 15 (1) An agency subject to review by the Legislature 16 Legislative Committee on Sunset Review shall be abolished on 17 June 30 following the date of review specified in s. 11.905, 18 unless the Legislature continues the agency or advisory 19 committee; however, an agency may not be abolished unless the 20 Legislature finds, pursuant to law, that all state laws the 21 agency had responsibility to implement or enforce have been 22 repealed, revised, or reassigned to another remaining agency 23 and that adequate provision has been made for the transfer to 24 a successor agency of all duties and obligations relating to 25 bonds, loans, promissory notes, lease-purchase lease purchase 26 agreements, installment sales contracts, certificates of 27 participation, master equipment financing agreements, or any 28 other form of indebtedness such that security therefor and the 29 rights of bondholders or holders of other indebtedness are not 30 impaired. 31 (2) If the Legislature does not take action before the 5 12:22 PM 05/03/07 h717701e1d-23-3aa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7177, 1st Eng. Barcode 123830 1 date of review to continue the agency or advisory committee, 2 the agency shall submit its legislative budget request 3 consistent with the provisions of chapter 216 recommendations 4 of the appropriate Legislative committee on Sunset Review or 5 any law transferring the agency's functions to other entities. 6 Such agency shall continue to be subject to annual sunset 7 review by the Legislature until the Legislature enacts 8 legislation relating to the agency's continuation, 9 modification, or termination. 10 Section 6. Section 11.906, Florida Statutes, is 11 amended to read: 12 11.906 Agency report to the Legislature 13 committee.--Not later than July 1, 2 years January 1 of the 14 year preceding the year in which a state agency and its 15 advisory committees are scheduled to be reviewed, the agency 16 shall provide the Legislature committee with a report that 17 includes: 18 (1) The performance measures for each program and 19 activity as provided in s. 216.011 and 3 years of data for 20 each measure that provides actual results for the immediately 21 preceding 2 years and projected results for the current fiscal 22 year that begins in the year that the agency report is 23 scheduled to be submitted to the Legislature. 24 (2) An explanation of factors that have contributed to 25 any failure to achieve the legislative standards. 26 (3) The promptness and effectiveness with which the 27 agency disposes of complaints concerning persons affected by 28 the agency. 29 (4) The extent to which the agency has encouraged 30 participation by the public in making its rules and decisions 31 as opposed to participation solely by those it regulates and 6 12:22 PM 05/03/07 h717701e1d-23-3aa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7177, 1st Eng. Barcode 123830 1 the extent to which public participation has resulted in rules 2 compatible with the objectives of the agency. 3 (5) The extent to which the agency has complied with 4 applicable requirements of state law and applicable rules 5 regarding purchasing goals and programs for small and 6 minority-owned businesses historically underutilized 7 businesses. 8 (6) A statement of any statutory objectives intended 9 for each program and activity, the problem or need that the 10 program and activity were intended to address, and the extent 11 to which these objectives have been achieved. 12 (7) An assessment of the extent to which the 13 jurisdiction of the agency and its programs overlap or 14 duplicate those of other agencies and the extent to which the 15 programs can be consolidated with those of other agencies. 16 (8) An assessment of less restrictive or alternative 17 methods of providing services for which the agency is 18 responsible which would reduce costs or improve performance 19 while adequately protecting the public. 20 (9) An assessment of the extent to which the agency 21 has corrected deficiencies and implemented recommendations 22 contained in reports of the Auditor General, the Office of 23 Program Policy Analysis and Government Accountability, 24 legislative interim studies, and federal audit entities. 25 (10) The process by which an agency actively measures 26 quality and efficiency of services it provides to the public. 27 The extent to which the agency enforces laws relating to 28 potential conflicts of interest of its employees. 29 (11) The extent to which the agency complies with 30 public records and public meetings requirements under chapters 31 119 and 286 and s. 24, Art. I of the State Constitution. 7 12:22 PM 05/03/07 h717701e1d-23-3aa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7177, 1st Eng. Barcode 123830 1 (12) The extent to which alternative program delivery 2 options, such as privatization, outsourcing, or insourcing, 3 have been considered to reduce costs or improve services to 4 state residents. 5 (13) Recommendations to the Legislature committee for 6 statutory, or budgetary, or regulatory changes that would 7 improve the quality and efficiency of services delivered to 8 the public program operations, reduce costs, or reduce 9 duplication. 10 (14) The effect of federal intervention or loss of 11 federal funds if the agency, program, or activity is 12 abolished. 13 (15) A list of all advisory committees, including 14 those established in statute and those established by 15 managerial initiative; their purpose, activities, composition, 16 and related expenses; the extent to which their purposes have 17 been achieved; and the rationale for continuing or eliminating 18 each advisory committee. 19 (16) Agency programs or functions that are performed 20 without specific statutory authority. 21 (17) Other information requested by the Legislature 22 committee. 23 24 Information and data reported by the agency shall be validated 25 by its agency head and inspector general before submission to 26 the Legislature committee. 27 Section 7. Section 11.907, Florida Statutes, is 28 amended to read: 29 11.907 Legislative review.--Upon receipt of an agency 30 report pursuant to s. 11.906, the joint committee may and the 31 appropriate committee shall conduct a review of the agency and 8 12:22 PM 05/03/07 h717701e1d-23-3aa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7177, 1st Eng. Barcode 123830 1 may direct the Office of Program Policy Analysis and 2 Government Accountability to shall conduct a program 3 evaluation and justification review, as defined in s. 11.513, 4 of the agency and its advisory committees, including an 5 examination of the cost of each agency program, an evaluation 6 of best practices and alternatives that would result in the 7 administration of the agency in a more efficient or effective 8 manner, and examination of the viability of privatization or a 9 different state agency performing the functions, and an 10 evaluation of the cost and consequences of discontinuing the 11 agency. The reviews review shall be comprehensive in its scope 12 and shall consider the information provided by the agency 13 report in addition to information deemed necessary by the 14 office and the appropriate Legislative Sunset Advisory 15 committee or the joint committee. The Office of Program Policy 16 Analysis and Government Accountability shall submit its report 17 to the Legislature in a timeframe prescribed by the committee 18 requesting the review committee and to the President of the 19 Senate and the Speaker of the House of Representatives by 20 October 31 of the year in which the agency submits its report. 21 The Office of Program Policy Analysis and Government 22 Accountability shall include in its reports report 23 recommendations for consideration by the Legislature 24 committee. 25 Section 8. Section 11.908, Florida Statutes, is 26 amended to read: 27 11.908 Committee duties.--No later than March 1 of the 28 year in which a state agency or its advisory committees are 29 scheduled to be reviewed, the committee shall and the joint 30 committee may: 31 (1) Review the information submitted by the agency and 9 12:22 PM 05/03/07 h717701e1d-23-3aa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7177, 1st Eng. Barcode 123830 1 the reports of any independent reviews directed by the 2 committee, including those conducted by report of the Office 3 of Program Policy Analysis and Government Accountability. 4 (2) Consult with the Legislative Budget Commission, 5 relevant substantive and appropriations committees of the 6 Senate and the House of Representatives, the Governor's Office 7 of Policy and Budgeting, the Auditor General, and the Chief 8 Financial Officer, or their successors, relating to the review 9 of on the application to the agency and its advisory 10 committees of the criteria provided in s. 11.910. 11 (3) Hold public hearings to consider this information 12 as well as other information and testimony that the committee 13 or joint committee deems necessary. 14 (4) Present to the President of the Senate and the 15 Speaker of the House of Representatives a report on the 16 agencies and advisory committees scheduled to be reviewed that 17 year by the Legislature committee. In the report, the 18 committee shall include its specific findings and 19 recommendations regarding each of the information considered 20 pursuant to criteria prescribed by s. 11.910, and shall also 21 make recommendations as described in s. 11.911, and propose 22 legislation as it considers necessary. In the joint committee 23 report, the joint committee shall include its specific 24 findings and recommendations regarding the information 25 considered pursuant to s. 11.90 and make recommendations as 26 described in s. 11.911. 27 Section 9. Section 11.910, Florida Statutes, is 28 amended to read: 29 11.910 Information Criteria for review.--The committee 30 may shall consider information submitted pursuant to s. 11.906 31 as well as any additional information it considers relevant 10 12:22 PM 05/03/07 h717701e1d-23-3aa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7177, 1st Eng. Barcode 123830 1 the following criteria in determining whether a public need 2 exists for the continuation of a state agency or its advisory 3 committees or for the performance of any of the functions of 4 the agency or its advisory committees.: 5 (1) Agency compliance with the accountability 6 measures, as analyzed by the Auditor General, the Office of 7 Program Policy Analysis and Government Accountability, and the 8 Office of Policy and Budget within the Executive Office of the 9 Governor, pursuant to ss. 216.013 and 216.023(4) and (5). 10 (2) The efficiency with which the agency or advisory 11 committee operates. 12 (3) The statutory objectives of the agency or advisory 13 committee and the problem or need that the agency or advisory 14 committee is intended to address, the extent to which the 15 objectives have been achieved, and any activities of the 16 agency in addition to those granted by statute and the 17 authority for these activities. 18 (4) An assessment of less restrictive or alternative 19 methods of providing any regulatory function for which the 20 agency is responsible while adequately protecting the public. 21 (5) The extent to which the advisory committee is 22 needed and is used. 23 (6) The extent to which the jurisdiction of the agency 24 and the programs administered by the agency overlap or 25 duplicate those of other agencies and the extent to which the 26 programs administered by the agency can be consolidated with 27 the programs of other state agencies. 28 (7) Whether the agency has recommended to the 29 Legislature statutory changes calculated to be of benefit to 30 the public rather than to an occupation, business, or 31 institution that the agency regulates. 11 12:22 PM 05/03/07 h717701e1d-23-3aa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7177, 1st Eng. Barcode 123830 1 (8) The promptness and effectiveness with which the 2 agency disposes of complaints concerning persons affected by 3 the agency. 4 (9) The extent to which the agency has encouraged 5 participation by the public in making its rules and decisions 6 as opposed to participation solely by those it regulates and 7 the extent to which the public participation has resulted in 8 rules compatible with the objectives of the agency. 9 (10) The extent to which the agency has complied with 10 applicable requirements of state law and applicable rules of 11 any state agency regarding purchasing goals and programs for 12 historically underutilized businesses. 13 (11) The extent to which changes are necessary in the 14 enabling statutes of the agency so that the agency can 15 adequately comply with the criteria listed in this section. 16 (12) The extent to which the agency adopts and 17 enforces rules relating to potential conflicts of interest of 18 its employees. 19 (13) The extent to which the agency complies with 20 public records and public meetings requirements under chapters 21 119 and 287 and s. 24, Art. I of the State Constitution and 22 follows records management practices that enable the agency to 23 respond efficiently to requests for public information. 24 (14) The extent to which the agency accurately reports 25 performance measures used to justify state spending on each of 26 its activities, services, and programs. 27 (15) The effect of federal intervention or loss of 28 federal funds if the agency is abolished. 29 (16) Whether any advisory committee or any other part 30 of the agency exercises its powers and duties independently of 31 the direct supervision of the agency head in violation of s. 12 12:22 PM 05/03/07 h717701e1d-23-3aa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7177, 1st Eng. Barcode 123830 1 6, Art. IV of the State Constitution. 2 Section 10. Section 11.911, Florida Statutes, is 3 amended to read: 4 11.911 Committee recommendations.-- 5 (1) In its report on a state agency, the committee 6 shall: 7 (a)(1) Make recommendations on the abolition, 8 continuation, or reorganization of each state agency and its 9 advisory committees and on the need for the performance of the 10 functions of the agency and its advisory committees. 11 (b)(2) Make recommendations on the consolidation, 12 transfer, or reorganization of programs within state agencies 13 not under review when the programs duplicate functions 14 performed in agencies under review. 15 (c)(3) Propose Include drafts of legislation necessary 16 to carry out the committee's recommendations under paragraph 17 (a) or paragraph (b) subsection (1) or subsection (2). 18 (2) In its report on a state agency, the joint 19 committee shall: 20 (a) Make recommendations on the abolition, 21 continuation, or reorganization of each state agency and its 22 advisory committees and on the need for the performance of the 23 functions of the agency and its advisory committees. 24 (b) Make recommendations on the consolidation, 25 transfer, or reorganization of programs within state agencies 26 not under review when the programs duplicate functions 27 performed in agencies under review. 28 Section 11. Section 11.918, Florida Statutes, is 29 amended to read: 30 11.918 Joint Legislative Sunset Committee; powers; 31 assistance of state agencies Subpoena power.-- 13 12:22 PM 05/03/07 h717701e1d-23-3aa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7177, 1st Eng. Barcode 123830 1 (1) The Joint Any Legislative Sunset Advisory 2 Committee may take under investigation any matter within the 3 scope of a sunset review either completed or then being 4 conducted by the joint committee, and, in connection with such 5 investigation, may exercise the powers of subpoena by law and 6 any other powers vested in a standing committee of the 7 Legislature pursuant to s. 11.143. 8 (2) The joint committee may access or request 9 information and request assistance of state agencies and 10 officers. When assistance is requested, a state agency or 11 officer shall assist the joint committee. 12 Section 12. Subsection (1) of section 11.919, Florida 13 Statutes, is amended to read: 14 11.919 Assistance of and access to state agencies.-- 15 (1) The committee may access or request information 16 and request the assistance of state agencies and officers. 17 When assistance is requested, a state agency or officer shall 18 assist the committee. 19 Section 13. This act shall take effect July 1, 2007. 20 21 22 ================ T I T L E A M E N D M E N T =============== 23 And the title is amended as follows: 24 Delete everything before the enacting clause 25 26 and insert: 27 A bill to be entitled 28 An act relating to the Florida Government 29 Accountability Act; amending s. 11.902, F.S.; 30 redefining the term "committee" and defining 31 the term "joint committee" for purposes of the 14 12:22 PM 05/03/07 h717701e1d-23-3aa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7177, 1st Eng. Barcode 123830 1 act; amending s. 11.903, F.S.; authorizing the 2 Senate and the House of Representatives to 3 appoint Legislative Sunset Review Committees to 4 conduct independent reviews for each house; 5 requiring the Senate and the House of 6 Representatives to jointly appoint a 7 Legislative Sunset Committee to oversee the 8 review process required under the act and make 9 recommendations to the Legislature; providing 10 terms of office for commission members; 11 providing for membership and terms of office; 12 amending s. 11.904, F.S.; providing for staff 13 of the joint committee; requiring the Auditor 14 General to assist review committees and the 15 joint committee upon request; amending s. 16 11.905, F.S.; revising the schedule for 17 reviewing state agencies and advisory 18 committees; amending s. 11.9055, F.S.; 19 providing duties of an agency or advisory 20 committee if the Legislature fails to take 21 action to continue the agency or committee by 22 the required date; amending s. 11.906, F.S.; 23 revising the date before a review by which the 24 agency is required to provide a report; 25 revising the requirements for the report; 26 amending ss. 11.907 and 11.908, F.S.; revising 27 the procedures for a review of an agency; 28 revising the duties of the Office of Program 29 Policy Analysis and Government Accountability; 30 requiring a Legislative Sunset Review Committee 31 and the joint committee to make recommendations 15 12:22 PM 05/03/07 h717701e1d-23-3aa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7177, 1st Eng. Barcode 123830 1 and propose legislation if necessary; amending 2 s. 11.910, F.S.; revising certain criteria for 3 the review of an agency and its advisory 4 committees; amending s. 11.911, F.S.; requiring 5 that Legislative Sunset Review Committees and 6 the joint committee provide proposed 7 legislation; amending s. 11.918, F.S.; 8 authorizing the joint committee to exercise any 9 powers vested in a standing committee of the 10 Legislature; authorizing the joint committee to 11 access information of and obtain assistance 12 from state agencies; amending s. 11.919, F.S.; 13 authorizing the committee to access and request 14 information from state agencies and officers; 15 providing an effective date. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 16 12:22 PM 05/03/07 h717701e1d-23-3aa