1 | Representative(s) Ambler offered the following: |
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3 | Substitute Amendment for Amendment (122273) |
4 | Remove lines 231-272 and insert: |
5 | (1) An agency subject to review by the Legislative |
6 | Sunset Commission Committee on Sunset Review shall be phased out |
7 | or abolished in accordance with this section if the conditions |
8 | set forth in subsection (2) or subsection (3) have been met by |
9 | June 30 following the date of review specified in s. 11.905. |
10 | abolished on June 30 following the date of review specified in |
11 | s. 11.905, unless the Legislature continues the agency or |
12 | advisory committee; however, an agency may not be abolished |
13 | unless the Legislature finds, pursuant to law, that all state |
14 | laws the agency had responsibility to implement or enforce have |
15 | been repealed, revised, or reassigned to another remaining |
16 | agency and |
17 | (2) If the Legislature has failed to reenact the agency |
18 | prior to June 30 following the date of review specified in s. |
19 | 11.905, then the agency shall be required to begin restricting |
20 | its operations subject to a phase-out dissolution schedule. |
21 | During the phase-out dissolution schedule, the agency shall |
22 | continue its activities, programs, and operations except that |
23 | its future legislative budget requests shall be submitted to |
24 | reflect an annual reduction of 25 percent of its current year |
25 | budget, with a total budget elimination in 4 years. Such agency |
26 | shall continue to be subject to sunset review by the commission |
27 | until the Legislature enacts legislation relating to its |
28 | continuation, modification, or abolishment; or |
29 | (3)(a) If the Legislature passes a law prior to June 30 |
30 | following the date of review specified in s. 11.905 under which |
31 | a substantial portion of the agency's responsibilities are |
32 | reassigned or eliminated, then the agency shall be abolished |
33 | provided that adequate provision has been made for the transfer |
34 | to a successor agency of all duties and obligations relating to |
35 | bonds, loans, promissory notes, lease-purchase lease purchase |
36 | agreements, installment sales contracts, certificates of |
37 | participation, master equipment financing agreements, or any |
38 | other form of indebtedness such that security therefor and the |
39 | rights of bondholders or holders of other indebtedness are not |
40 | impaired. |
41 | (b) Any remaining responsibilities of an abolished agency |
42 | to implement or enforce state laws not otherwise reassigned or |
43 | eliminated under paragraph (a) shall be temporarily continued or |
44 | reassigned by the Governor by executive order within a |
45 | reasonable time, but as soon as practicable before the effective |
46 | date of the agency's abolition. Such executive order shall |
47 | remain in effect unless and until such responsibilities are |
48 | continued, reassigned, or eliminated by general law. These |
49 | remaining responsibilities may include any duties and |
50 | obligations relating to bonds, loans, promissory notes, lease- |
51 | purchase agreements, installment sales contracts, certificates |
52 | of participation, master equipment financing agreements, or any |
53 | other form of indebtedness such that security therefor and the |
54 | rights of bondholders or holders of other indebtedness are not |
55 | impaired, unless and until such provision shall be made by |
56 | general law. Any agency responsibilities that continue to |
57 | operate under an executive order by the Governor shall continue |
58 | to be subject to sunset review by the commission. |
59 | (2) If the Legislature does not take action before the |
60 | date of review to continue the agency or advisory committee, the |
61 | agency shall submit its legislative budget request consistent |
62 | with recommendations of the appropriate Legislative Committee on |
63 | Sunset Review or any law transferring the agency's functions to |
64 | other entities. |
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