((LATE FILED FOR: 4/23/2008 5:00:00 PM))Amendment
Bill No. HB 7145
Amendment No. 468127
CHAMBER ACTION
Senate House
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1Representatives Ambler and Seiler offered the following:
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3     Substitute Amendment for Amendment (423511) (with title
4amendments)
5     Remove lines 86-201 and insert:
6subject to sunset review at least every 10 years after its
7initial review.
8     Section 3.  Subsection (2) of section 11.9055, Florida
9Statutes, is amended to read:
10     11.9055  Abolition of state agencies and advisory
11committees.--
12     (2)  If the Legislature does not take action before the
13date of review to continue the agency or advisory committee, the
14agency shall submit its legislative budget request consistent
15with the provisions of chapter 216. Such agency shall continue
16to be subject to annual sunset review by the Legislature until
17the Legislature enacts legislation relating to the agency's
18continuation, modification, or termination. The agency shall
19also provide to the joint committee by December 31 of the year
20of each agency's review schedule, as provided in s. 11.905, a
21plan for a type two transfer of the agency's responsibilities.
22     Section 4.  Section 11.907, Florida Statutes, is amended to
23read:
24     11.907  Legislative review.--Upon receipt of an agency
25report pursuant to s. 11.906, the appropriate joint committee
26may and the joint appropriate committee shall conduct a review
27of the agency and may direct the Office of Program Policy
28Analysis and Government Accountability to review the agency and
29its advisory committees, including an examination of the cost of
30each agency program, an evaluation of best practices and
31alternatives that would result in the administration of the
32agency in a more efficient or effective manner, an examination
33of the viability of privatization or a different state agency
34performing the functions, and an evaluation of the cost and
35consequences of discontinuing the agency. The reviews shall be
36comprehensive in scope and shall consider the information
37provided by the agency report in addition to information deemed
38necessary by the office and the appropriate committee or the
39joint committee. The Office of Program Policy Analysis and
40Government Accountability shall submit its report to the
41Legislature in a timeframe prescribed by the committee
42requesting the review. The Office of Program Policy Analysis and
43Government Accountability shall include in its reports
44recommendations for consideration by the Legislature.
45     Section 5.  Section 11.908, Florida Statutes, is amended to
46read:
47     11.908  Committee duties.--No later than March 1 of the
48year in which a state agency or its advisory committees are
49scheduled to be reviewed, the joint committee shall and the
50joint committee may:
51     (1)  Review the information submitted by the agency and the
52reports of any independent reviews directed by the committees
53committee, including those conducted by the Office of Program
54Policy Analysis and Government Accountability.
55     (2)  Consult with the Legislative Budget Commission,
56relevant substantive and appropriations committees of the Senate
57and the House of Representatives, the Governor's Office of
58Policy and Budgeting, the Auditor General, and the Chief
59Financial Officer, or their successors, relating to the review
60of the agency and its advisory committees.
61     (3)  Hold public hearings to consider this information as
62well as other information and testimony that the committee or
63joint committee deems necessary.
64     (4)  Present to the President of the Senate and the Speaker
65of the House of Representatives a report on the agencies and
66advisory committees scheduled to be reviewed that year by the
67Legislature. In the report, the joint committee shall include
68its specific findings and recommendations regarding the
69information considered pursuant to s. 11.910, make
70recommendations as described in s. 11.911, and propose
71legislation as it considers necessary. In the joint committee
72report, the joint committee shall include its specific findings
73and recommendations regarding the information considered
74pursuant to s. 11.910 and make recommendations as described in
75s. 11.911.
76     Section 6.  Section 11.910, Florida Statutes, is amended to
77read:
78     11.910  Information for review.--The committees committee
79may consider information submitted pursuant to s. 11.906 as well
80as any additional information it considers relevant in
81determining whether a public need exists for the continuation of
82a state agency or its advisory committees or for the performance
83of any of the functions of the agency or its advisory
84committees.
85     Section 7.  Section 11.911, Florida Statutes, is amended to
86read:
87     11.911  Committee recommendations.--
88     (1)  In its report on a state agency, the joint committee
89shall and the committee may:
90     (1)(a)  Make recommendations on the abolition,
91continuation, or reorganization of each state agency and its
92advisory committees and on the need for the performance of the
93functions of the agency and its advisory committees.
94     (2)(b)  Make recommendations on the consolidation,
95transfer, or reorganization of programs within state agencies
96not under review when the programs duplicate functions performed
97in agencies under review.
98     (3)(c)  Propose legislation necessary to carry out the
99committee's recommendations under subsection (1) paragraph (a)
100or subsection (2) paragraph (b).
101     (2)  In its report on a state agency, the joint committee
102shall:
103     (a)  Make recommendations on the abolition, continuation,
104or reorganization of each state agency and its advisory
105committees and on the need for the performance of the functions
106of the agency and its advisory committees.
107     (b)  Make recommendations on the consolidation, transfer,
108or reorganization of programs within state agencies not under
109review when the programs duplicate functions performed in
110agencies under review.
111     Section 8.  Section 11.919, Florida Statutes, is amended to
112read:
113     11.919  Assistance of and access to state agencies.--
114     (1)  The committees committee may access or request
115information and request the assistance of state agencies, and
116officers, and political subdivisions. When assistance is
117requested, a state agency or officer shall assist the committees
118committee.
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T I T L E  A M E N D M E N T
124     Remove lines 7-9 and insert:
125committees; amending s. 11.9055, F.S.; requiring submission of a
126transfer plan under certain circumstances;
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CODING: Words stricken are deletions; words underlined are additions.