HB 7177

1	A bill to be entitled
2	An act relating to the Florida Government Accountability
3	Act; amending s. 11.902, F.S.; changing references of
4	committee to commission and renaming the "Legislative
5	Sunset Advisory Committee" as the "Legislative Sunset
6	Commission"; amending s. 11.903, F.S.; conforming
7	terminology; providing that each house may have one or
8	more Legislative Sunset Advisory Committees to advise it
9	regarding agency sunset reviews; requiring the appointment
10	of a joint Legislative Sunset Commission; providing for
11	commission membership; providing for appointments of co-
12	chairs; providing for terms; amending s. 11.904, F.S.;
13	providing for the employment of commission staff;
14	providing the role of the Office of Program Policy
15	Analysis and Government Accountability as it relates to
16	the commission; providing that the Auditor General shall,
17	upon request, assist the commission; conforming
18	terminology; amending s. 11.905, F.S.; revising the
19	schedule for reviewing state agencies and advisory
20	committees; providing that the legislative presiding
21	officers may change the review schedule; providing for
22	notice in case of a change of the review schedule;
23	amending s. 11.9055, F.S.; conforming terminology;
24	providing conditions for an agency subject to review to be
25	abolished; providing for continuance or reassignment of
26	outstanding responsibilities of abolished agency;
27	providing for continuation of sunset review under certain
28	circumstances; amending s. 11.906, F.S.; conforming
29	terminology; revising the timeframe for agency report
30	submission to the commission; revising information to be
31	provided in the report; providing for waiver of
32	requirements by the commission; amending s. 11.907, F.S.;
33	requiring the commission to conduct an independent review
34	of agencies; providing that the commission may direct the
35	Office of Program Policy Analysis and Government
36	Accountability to conduct reviews of state agencies and
37	their advisory committees; delineating requirements of
38	such reviews; providing for commission to set timeframe
39	for submission of reports on reviews; conforming
40	terminology; amending s. 11.908, F.S.; conforming
41	terminology; requiring the commission to review reports of
42	any independent reviews directed by the commission;
43	requiring the commission report to the presiding officers
44	to include proposed legislation deemed necessary by the
45	commission; amending s. 11.910, F.S.; revising criteria
46	requirements for review by the commission; conforming
47	terminology; amending s. 11.911, F.S.; conforming
48	terminology; requiring the commission's report on an
49	agency to propose legislation necessary to carry out its
50	recommendations; amending s. 11.918, F.S.; conforming
51	terminology; providing that the commission may exercise
52	the powers of subpoena by law and any other powers vested
53	in a standing committee of the Legislature; authorizing
54	the commission to access or request information; requiring
55	a state agency or officer to assist the commission when
56	requested; repealing s. 11.919, F.S., relating to
57	assistance of and access to state agencies; providing an
58	effective date.
59
60	Be It Enacted by the Legislature of the State of Florida:
61
62	Section 1.  Subsection (3) of section 11.902, Florida
63	Statutes, is amended to read:
64	11.902  Definitions.--As used in ss. 11.901-11.920, the
65	term:
66	(3)  "Commission" "Committee" means any Legislative Sunset
67	Commission Advisory Committee appointed pursuant to s. 11.903.
68	Section 2.  Section 11.903, Florida Statutes, is amended to
69	read:
70	11.903  Legislative Sunset Advisory Committees; Legislative
71	Sunset Commission.--
72	(1)  The Senate and House of Representatives may, pursuant
73	to the rules of each house, appoint one or more standing or
74	select committees as a Legislative Sunset Advisory Committee to
75	advise each house the Legislature regarding the agency sunsets
76	required by ss. 11.901-11.920.
77	(2)  The Senate and House of Representatives shall may,
78	pursuant to the joint rules of both houses, appoint one or more
79	joint committees as a joint Legislative Sunset Commission for
80	the purpose of implementing the review process for Advisory
81	Committee to advise the Legislature regarding the agency sunsets
82	required by ss. 11.901-11.920.
83	(a)  The Legislative Sunset Commission established under
84	this subsection shall be a joint commission composed of at least
85	10 members: five members of the Senate appointed by the
86	President of the Senate and five members of the House of
87	Representatives appointed by the Speaker of the House of
88	Representatives. At least three of each presiding officer's
89	appointments shall serve on committees or councils with
90	jurisdiction over at least one of the agencies undergoing
91	review. The President of the Senate and the Speaker of the House
92	of Representatives may appoint additional members from their
93	respective chambers as needed, as long as each house has equal
94	representation.
95	(b)  The presiding officer of each house shall appoint a
96	chair who shall serve as co-chair of the commission established
97	under this subsection. Each co-chair shall serve at the pleasure
98	of the appointing presiding officer for a term of 2 years or
99	until the next general election. The co-chairs shall decide on a
100	method of dividing the primary responsibility for each agency
101	review under consideration.
102	(3)  Members shall serve at the pleasure of their
103	appointing presiding officer for a term terms of 2 years each or
104	until the next general election.
105	(4)  Initial appointments shall be made not later than
106	November 30, 2006, and subsequent Appointments shall be made not
107	later than January 15 of the year following each organization
108	session of the Legislature.
109	(5)  If a legislative member ceases to be a member of the
110	house from which he or she was appointed, the member vacates his
111	or her membership on the commission committee.
112	Section 3.  Section 11.904, Florida Statutes, is amended to
113	read:
114	11.904  Staff.--The Senate and the House of Representatives
115	may each employ staff to work for the chair and vice chair of
116	the commission committee on matters related to commission
117	committee activities. The Auditor General and the Office of
118	Program Policy Analysis and Government Accountability shall
119	provide primary research services as directed by the commission
120	and assist the commission committee in conducting its review
121	under s. 11.910. Upon request, the Auditor General shall assist
122	the commission.
123	Section 4.  Section 11.905, Florida Statutes, is amended to
124	read:
125	11.905  Schedule for reviewing state agencies and advisory
126	committees.--The following state agencies, including their
127	advisory committees, or the following advisory committees of
128	agencies shall be reviewed according to the following schedule:
129	(1)  Reviewed by July 1, 2008:
130	(a)  Statutorily created responsibilities of the Fish and
131	Wildlife Conservation Commission.
132	(b)  Department of Agriculture and Consumer Services.
133	(c)  Department of Citrus, including the Citrus Commission.
134	(d)  Department of Environmental Protection.
135	(e)  Department of Highway Safety and Motor Vehicles.
136	(f)  Water management districts.
137	(2)  Reviewed by July 1, 2010:
138	(a)  Department of Children and Family Services.
139	(b)  Agency for Persons with Disabilities.
140	(c)  Department of Elderly Affairs.
141	(d)  Agency for Health Care Administration.
142	(e)  Department of Health.
143	(f)  Department of Veterans' Affairs.
144	(3)  Reviewed by July 1, 2012:
145	(a)  Advisory committees for the Florida Community College
146	System.
147	(b)  Advisory committees for the State University System.
148	(c)  Agency for Workforce Innovation.
149	(d)  Department of Education.
150	(e)  Department of the Lottery.
151	(4)  Reviewed by July 1, 2014:
152	(a)  Department of Business and Professional Regulation.
153	(b)  Department of Management Services.
154	(c)  Department of State.
155	(d)  Department of Community Affairs.
156	(e)  Executive Office of the Governor.
157	(f)  Florida Public Service Commission.
158	(g)  Advisory committees for the State Board of
159	Administration.
160	(h)  Department of Financial Services, including the
161	Financial Services Commission.
162	(i)  Department of Revenue.
163	(5)  Reviewed by July 1, 2016:
164	(a)  Department of Corrections.
165	(b)  Department of Juvenile Justice.
166	(c)  Department of Law Enforcement.
167	(d)  Department of Legal Affairs.
168	(e)  Department of Military Affairs.
169	(f)  Department of Transportation.
170	(g)  Expressway authorities.
171	(h)  Justice Administrative Commission.
172	(i)  Parole Commission.
173	(j)  Judicial Qualifications Commission.
174	(6)  Reviewed by July 1, 2018:
175	(a)  Statutorily created responsibilities of the Fish and
176	Wildlife Conservation Commission.
177	(b)  Department of Agriculture and Consumer Services.
178	(c)  Department of Citrus, including the Citrus Commission.
179	(d)  Department of Environmental Protection.
180	(e)  Department of Highway Safety and Motor Vehicles.
181	(f)  Water management districts.
182	(g)  Department of Community Affairs.
183	(7)  Upon completion of this cycle, agencies shall again be
184	subject to sunset review 10 years after their initial review
185	unless the review schedule is changed by the President of the
186	Senate and the Speaker of the House of Representatives. Any
187	agency or advisory committee affected by a change in the review
188	schedule shall be provided a 3-month notice of such change in
189	order to provide sufficient time for information to be
190	submitted.
191	(2)  Reviewed July 1, 2009:
192	(a)  Department of Children and Family Services.
193	(b)  Department of Community Affairs.
194	(c)  Department of Management Services.
195	(d)  Department of State.
196	(3)  Reviewed July 1, 2010:
197	(a)  Advisory committees for the Florida Community College
198	System.
199	(b)  Advisory committees for the State University System.
200	(c)  Agency for Workforce Innovation.
201	(d)  Department of Education.
202	(e)  Department of the Lottery.
203	(4)  Reviewed July 1, 2011:
204	(a)  Agency for Health Care Administration.
205	(b)  Agency for Persons with Disabilities.
206	(c)  Department of Elderly Affairs.
207	(d)  Department of Health.
208	(5)  Reviewed July 1, 2012:
209	(a)  Department of Business and Professional Regulation.
210	(b)  Department of Transportation.
211	(c)  Department of Veterans' Affairs.
212	(6)  Reviewed July 1, 2013:
213	(a)  Advisory committees for the State Board of
214	Administration.
215	(b)  Department of Financial Services, including the
216	Financial Services Commission.
217	(c)  Department of Revenue.
218	(7)  Reviewed July 1, 2014:
219	(a)  Department of Corrections.
220	(b)  Department of Juvenile Justice.
221	(c)  Department of Law Enforcement.
222	(d)  Department of Legal Affairs.
223	(e)  Justice Administrative Commission.
224	(f)  Parole Commission.
225	(8)  Reviewed July 1, 2015:
226	(a)  Executive Office of the Governor.
227	(b)  Florida Public Service Commission.
228	Section 5.  Section 11.9055, Florida Statutes, is amended
229	to read:
230	11.9055  Abolition of state agencies and advisory
231	committees.--
232	(1)  An agency subject to review by the Legislative
233	Sunset Commission Committee on Sunset Review shall be phased out
234	or abolished in accordance with this section if the conditions
235	set forth in subsection (2) or subsection (3) have been met by
236	June 30 following the date of review specified in s. 11.905.
237	abolished on June 30 following the date of review specified in
238	s. 11.905, unless the Legislature continues the agency or
239	advisory committee; however, an agency may not be abolished
240	unless the Legislature finds, pursuant to law, that all state
241	laws the agency had responsibility to implement or enforce have
242	been repealed, revised, or reassigned to another remaining
243	agency and
244	(2)  If the Legislature has failed to reenact the agency
245	prior to June 30 following the date of review specified in s.
246	11.905, then the agency shall be required to begin restricting
247	its operations subject to a phase-out dissolution schedule.
248	During the phase-out dissolution schedule, the agency shall
249	continue its activities, programs, and operations except that
250	its future legislative budget requests shall be submitted to
251	reflect an annual reduction of 25 percent of its current year
252	budget, with a total budget elimination in 4 years. Such agency
253	shall continue to be subject to sunset review by the commission
254	until the Legislature enacts legislation relating to its
255	continuation, modification, or abolishment; or
256	(3)(a)  If the Legislature passes a law prior to June 30
257	following the date of review specified in s. 11.905 under which
258	a substantial portion of the agency's responsibilities are
259	reassigned or eliminated, then the agency shall be abolished
260	provided that adequate provision has been made for the transfer
261	to a successor agency of all duties and obligations relating to
262	bonds, loans, promissory notes, lease-purchase lease purchase
263	agreements, installment sales contracts, certificates of
264	participation, master equipment financing agreements, or any
265	other form of indebtedness such that security therefor and the
266	rights of bondholders or holders of other indebtedness are not
267	impaired.
268	(b)  Any remaining responsibilities of an abolished agency
269	to implement or enforce state laws not otherwise reassigned or
270	eliminated under paragraph (a) shall be temporarily continued or
271	reassigned by the Governor by executive order within a
272	reasonable time, but as soon as practicable before the effective
273	date of the agency's abolition. Such executive order shall
274	remain in effect unless and until such responsibilities are
275	continued, reassigned, or eliminated by general law. These
276	remaining responsibilities may include any duties and
277	obligations relating to bonds, loans, promissory notes, lease-
278	purchase agreements, installment sales contracts, certificates
279	of participation, master equipment financing agreements, or any
280	other form of indebtedness such that security therefor and the
281	rights of bondholders or holders of other indebtedness are not
282	impaired, unless and until such provision shall be made by
283	general law.  Any agency responsibilities that continue to
284	operate under an executive order by the Governor shall continue
285	to be subject to sunset review by the commission.
286	(2)  If the Legislature does not take action before the
287	date of review to continue the agency or advisory committee, the
288	agency shall submit its legislative budget request consistent
289	with recommendations of the appropriate Legislative Committee on
290	Sunset Review or any law transferring the agency's functions to
291	other entities.
292	Section 6.  Section 11.906, Florida Statutes, is amended to
293	read:
294	11.906  Agency report to commission committee.--Not later
295	than July 1st 2 years January 1 of the year preceding the year
296	in which a state agency and its advisory committees are
297	scheduled to be reviewed, the agency shall provide the
298	commission committee with a report that includes:
299	(1)  The performance measures for each program and activity
300	as provided in s. 216.011 and 3 years of data for each measure
301	that provides actual results for the immediately preceding 2
302	years and projected results for the current fiscal year that
303	begins in the year the agency report is submitted to the
304	commission.
305	(2)  An explanation of factors that have contributed to any
306	failure to achieve the legislative standards.
307	(3)  The process used by the agency to actively measure
308	quality and efficiency of services it provides to the public.
309	(4)(3)  The promptness and effectiveness with which the
310	agency disposes of complaints concerning persons affected by the
311	agency.
312	(5)(4)  The extent to which the agency has encouraged
313	participation by the public in making its rules and decisions as
314	opposed to participation solely by those it regulates and the
315	extent to which public participation has resulted in rules
316	compatible with the objectives of the agency.
317	(6)(5)  The extent to which the agency has complied with
318	applicable requirements of state law and applicable rules
319	regarding purchasing goals and programs for small and minority-
320	owned historically underutilized businesses.
321	(7)(6)  A statement of any statutory objectives intended
322	for each program and activity, the problem or need that the
323	program and activity were intended to address, and the extent to
324	which these objectives have been achieved.
325	(8)(7)  An assessment of the extent to which the
326	jurisdiction of the agency and its programs overlap or duplicate
327	those of other agencies and the extent to which the programs can
328	be consolidated with those of other agencies.
329	(9)(8)  An assessment of less restrictive or alternative
330	methods of providing services for which the agency is
331	responsible which would reduce costs or improve performance
332	while adequately protecting the public.
333	(10)(9)  An assessment of the extent to which the agency
334	has corrected deficiencies and implemented recommendations
335	contained in reports of the Auditor General, the Office of
336	Program Policy Analysis and Government Accountability,
337	legislative interim studies, and federal audit entities.
338	(10)  The extent to which the agency enforces laws relating
339	to potential conflicts of interest of its employees.
340	(11)  The extent to which the agency complies with public
341	records and public meetings requirements under chapters 119 and
342	286 and s. 24, Art. I of the State Constitution.
343	(12)  The extent to which alternative program delivery
344	options, such as privatization or outsourcing or insourcing,
345	have been considered to reduce costs or improve services to
346	state residents.
347	(13)  Recommendations to the commission committee for
348	statutory, or budgetary, or regulatory changes that would
349	improve quality and efficiency of services delivered to the
350	public program operations, reduce costs, or reduce duplication.
351	(14)  The effect of federal intervention or loss of federal
352	funds if the agency, program, or activity is abolished.
353	(15)  A list of all advisory committees, including those
354	established in statute and those established by managerial
355	initiative; their purpose, activities, composition, and related
356	expenses; the extent to which their purposes have been achieved;
357	and the rationale for continuing or eliminating each advisory
358	committee.
359	(16)  Agency programs or functions that are performed
360	without specific statutory authority.
361	(17)  Other information requested by the commission
362	committee.
363
364	Information and data reported by the agency shall be validated
365	by its agency head and inspector general before submission to
366	the commission. The commission may waive any of the requirements
367	of this section with respect to an agency under review
368	committee.
369	Section 7.  Section 11.907, Florida Statutes, is amended to
370	read:
371	11.907  Legislative review.--Upon receipt of an agency
372	report pursuant to s. 11.906, the commission shall conduct an
373	independent review of the agency, which may include directing
374	the Office of Program Policy Analysis and Government
375	Accountability to review shall conduct a program evaluation and
376	justification review, as defined in s. 11.513, of the agency and
377	its advisory committees, including an examination of the cost of
378	each agency; an evaluation of best practices and alternatives
379	that would result in the administration of the agency in a more
380	efficient or effective manner, including the viability of
381	privatization or a different state agency performing the
382	functions; and an evaluation of the costs and consequences of
383	discontinuing the agency. The reviews review shall be
384	comprehensive in their its scope and consider the information
385	provided by the agency report in addition to information deemed
386	necessary by the office and the Legislative Sunset Commission
387	Advisory Committee. Any reports prepared by the Office of
388	Program Policy Analysis and Government Accountability shall be
389	submitted submit its report to the commission committee and to
390	the President of the Senate and the Speaker of the House of
391	Representatives in a timeframe prescribed by the commission by
392	October 31 of the year in which the agency submits its report.
393	The Office of Program Policy Analysis and Government
394	Accountability shall include in its reports report
395	recommendations for consideration by the commission committee.
396	Section 8.  Section 11.908, Florida Statutes, is amended to
397	read:
398	11.908  Commission Committee duties.--No later than March 1
399	of the year in which a state agency or its advisory committees
400	are scheduled to be reviewed, the commission committee shall:
401	(1)  Review the information submitted by the agency and
402	reports of any independent reviews directed by the commission,
403	including those conducted by the report of the Office of Program
404	Policy Analysis and Government Accountability.
405	(2)  Consult with the Legislative Budget Commission,
406	relevant substantive and appropriations committees of the Senate
407	and the House of Representatives, the Governor's Office of
408	Policy and Budgeting, the Auditor General, and the Chief
409	Financial Officer, or their successors, on the application to
410	the agency and its advisory committees of the criteria provided
411	in s. 11.910.
412	(3)  Hold public hearings to consider this information as
413	well as other information and testimony that the commission
414	committee deems necessary.
415	(4)  Present to the President of the Senate and the Speaker
416	of the House of Representatives a report on the agencies and
417	advisory committees scheduled to be reviewed that year by the
418	commission committee. In the report, the commission committee
419	shall include its specific findings and recommendations
420	regarding each of the review criteria under prescribed by s.
421	11.910, and shall also make recommendations as described in s.
422	11.911, and propose legislation as deemed necessary.
423	Section 9.  Section 11.910, Florida Statutes, is amended to
424	read:
425	11.910  Criteria for review.--The commission may committee
426	shall consider information submitted pursuant to s. 11.906 as
427	well as any additional criteria it deems relevant the following
428	criteria in determining whether a public need exists for the
429	continuation of a state agency or its advisory committees or for
430	the performance of the functions of the agency or its advisory
431	committees, including, but not limited to, the following:
432	(1)  Agency compliance with the accountability measures, as
433	analyzed by the Auditor General, the Office of Program Policy
434	Analysis and Government Accountability, and the Office of Policy
435	and Budget within the Executive Office of the Governor, pursuant
436	to ss. 216.013 and 216.023(4) and (5).
437	(2)  The efficiency with which the agency or advisory
438	committee operates.
439	(3)  The statutory objectives of the agency or advisory
440	committee and the problem or need that the agency or advisory
441	committee is intended to address, the extent to which the
442	objectives have been achieved, and any activities of the agency
443	in addition to those granted by statute and the authority for
444	these activities.
445	(4)  An assessment of less restrictive or alternative
446	methods of providing any regulatory function for which the
447	agency is responsible while adequately protecting the public.
448	(5)  The extent to which the advisory committee is needed
449	and is used.
450	(6)  The extent to which the jurisdiction of the agency and
451	the programs administered by the agency overlap or duplicate
452	those of other agencies and the extent to which the programs
453	administered by the agency can be consolidated with the programs
454	of other state agencies.
455	(7)  Whether the agency has recommended to the Legislature
456	statutory changes calculated to be of benefit to the public
457	rather than to an occupation, business, or institution that the
458	agency regulates.
459	(8)  The promptness and effectiveness with which the agency
460	disposes of complaints concerning persons affected by the
461	agency.
462	(9)  The extent to which the agency has encouraged
463	participation by the public in making its rules and decisions as
464	opposed to participation solely by those it regulates and the
465	extent to which the public participation has resulted in rules
466	compatible with the objectives of the agency.
467	(10)  The extent to which the agency has complied with
468	applicable requirements of state law and applicable rules of any
469	state agency regarding purchasing goals and programs for small
470	and minority-owned historically underutilized businesses.
471	(11)  The extent to which changes are necessary in the
472	enabling statutes of the agency so that the agency can
473	adequately comply with the criteria listed in this section.
474	(12)  The extent to which the agency adopts and enforces
475	rules relating to potential conflicts of interest of its
476	employees.
477	(13)  The extent to which the agency complies with public
478	records and public meetings requirements under chapters 119 and
479	287 and s. 24, Art. I of the State Constitution and follows
480	records management practices that enable the agency to respond
481	efficiently to requests for public information.
482	(14)  The extent to which the agency accurately reports
483	performance measures used to justify state spending on each of
484	its activities, services, and programs.
485	(15)  The effect of federal intervention or loss of federal
486	funds if the agency is abolished.
487	(16)  Whether any advisory committee or any other part of
488	the agency exercises its powers and duties independently of the
489	direct supervision of the agency head in violation of s. 6, Art.
490	IV of the State Constitution.
491	Section 10.  Section 11.911, Florida Statutes, is amended
492	to read:
493	11.911  Recommendations.--In its report on a state agency,
494	the commission committee shall:
495	(1)  Make recommendations on the abolition, continuation,
496	or reorganization of each state agency and its advisory
497	committees and on the need for the performance of the functions
498	of the agency and its advisory committees.
499	(2)  Make recommendations on the consolidation, transfer,
500	or reorganization of programs within state agencies not under
501	review when the programs duplicate functions performed in
502	agencies under review.
503	(3)  Propose Include drafts of legislation necessary to
504	carry out the commission's committee's recommendations under
505	subsection (1) or subsection (2).
506	Section 11.  Section 11.918, Florida Statutes, is amended
507	to read:
508	11.918  Legislative Sunset Commission; powers; assistance
509	of state agencies Subpoena power.--
510	(1)  The Any Legislative Sunset Commission Advisory
511	Committee may take under investigation any matter within the
512	scope of a sunset review either completed or then being
513	conducted by the commission. The Legislative Sunset Commission
514	committee, and, in connection with such investigation, may
515	exercise the powers of subpoena by law and any other powers
516	vested in a standing committee of the Legislature pursuant to s.
517	11.143.
518	(2)  The commission may access or request information and
519	request assistance of state agencies and officers. When
520	assistance is requested, a state agency or officer shall assist
521	the commission.
522	Section 12.  Section 11.919, Florida Statutes, is repealed.
523	Section 13.  This act shall take effect July 1, 2007.

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