HB 7145

1	A bill to be entitled
2	An act relating to legislative sunset review; amending s.
3	11.903, F.S.; permitting the Joint Legislative Sunset
4	Committee to conduct its meetings through teleconferences
5	or other similar means; amending s. 11.905, F.S.; revising
6	the schedule for reviewing state agencies and advisory
7	committees; authorizing the review of political
8	subdivisions; amending s. 11.9055, F.S.; requiring
9	submission of a transfer plan under certain circumstances;
10	amending s. 11.907, F.S.; requiring the joint committee
11	and permitting appropriate committees to conduct reviews
12	upon receipt of agency reports; amending s. 11.908, F.S.;
13	revising duties of the joint committee and other
14	committees to conduct reviews; amending s. 11.910, F.S.;
15	authorizing committees to consider certain information in
16	reaching determinations; amending s. 11.911, F.S.;
17	requiring the joint committee and permitting other
18	committees to make recommendations and propose
19	legislation; amending s. 11.919, F.S.; permitting
20	committee access to information, assistance from state
21	agencies, and inspection of records when carrying out its
22	functions; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Subsection (5) is added to section 11.903,
27	Florida Statutes, to read:
28	11.903  Legislative Sunset Review Committees and the Joint
29	Legislative Sunset Committee.--
30	(5)  The joint committee may conduct its meetings through
31	teleconferences or other similar means.
32	Section 2.  Section 11.905, Florida Statutes, is amended to
33	read:
34	11.905  Schedule for reviewing state agencies and advisory
35	committees.--The following state agencies, including their
36	advisory committees, or the following advisory committees of
37	agencies shall be reviewed according to the following schedule:
38	(1)  Reviewed by July 1, 2008:
39	(a)  Statutorily created responsibilities of the Fish and
40	Wildlife Conservation Commission.
41	(b)  Department of Agriculture and Consumer Services.
42	(c)  Department of Citrus, including the Citrus Commission.
43	(d)  Department of Environmental Protection.
44	(e)  Department of Highway Safety and Motor Vehicles.
45	(f)  Water management districts.
46	(2)  Reviewed by July 1, 2010:
47	(a)  Department of Children and Family Services.
48	(b)  Department of Community Affairs.
49	(c)  Department of Management Services.
50	(d)  Department of State.
51	(3)(4)  Reviewed by July 1, 2012 2014:
52	(a)  Agency for Health Care Administration.
53	(b)  Agency for Persons with Disabilities.
54	(c)  Department of Elderly Affairs.
55	(d)  Department of Health.
56	(4)(3)  Reviewed by July 1, 2014 2012:
57	(a)  Advisory committees for the Florida Community College
58	System.
59	(b)  Advisory committees for the State University System.
60	(c)  Agency for Workforce Innovation.
61	(d)  Department of Education.
62	(e)  Department of the Lottery.
63	(5)  Reviewed by July 1, 2016:
64	(a)  Department of Business and Professional Regulation.
65	(b)  Department of Transportation.
66	(c)  Department of Veterans' Affairs.
67	(d)  Department of Military Affairs.
68	(6)  Reviewed by July 1, 2018:
69	(a)  Advisory committees for the State Board of
70	Administration.
71	(b)  Department of Financial Services, including the
72	Financial Services Commission.
73	(c)  Department of Revenue.
74	(7)  Reviewed by July 1, 2020:
75	(a)  Department of Corrections.
76	(b)  Department of Juvenile Justice.
77	(c)  Department of Law Enforcement.
78	(d)  Department of Legal Affairs.
79	(e)  Justice Administrative Commission.
80	(f)  Parole Commission.
81	(8)  Reviewed by July 1, 2022:
82	(a)  Executive Office of the Governor.
83	(b)  Florida Public Service Commission.
84
85	Upon completion of this cycle, each agency shall again be
86	subject to sunset review. The President of the Senate and the
87	Speaker of the House of Representatives together may at any time
88	direct the joint committee to review any political subdivision,
89	including those created by special act, irrespective of the
90	schedule set forth in this section 10 years after its initial
91	review.
92	Section 3.  Subsection (2) of section 11.9055, Florida
93	Statutes, is amended to read:
94	11.9055  Abolition of state agencies and advisory
95	committees.--
96	(2)  If the Legislature does not take action before the
97	date of review to continue the agency or advisory committee, the
98	agency shall submit its legislative budget request consistent
99	with the provisions of chapter 216. Such agency shall continue
100	to be subject to annual sunset review by the Legislature until
101	the Legislature enacts legislation relating to the agency's
102	continuation, modification, or termination. The agency shall
103	also provide to the joint committee by December 31 of the year
104	of each agency's review schedule, as provided in s. 11.905, a
105	plan for a type two transfer of the agency's responsibilities.
106	Section 4.  Section 11.907, Florida Statutes, is amended to
107	read:
108	11.907  Legislative review.--Upon receipt of an agency
109	report pursuant to s. 11.906, the appropriate joint committee
110	may and the joint appropriate committee shall conduct a review
111	of the agency and may direct the Office of Program Policy
112	Analysis and Government Accountability to review the agency and
113	its advisory committees, including an examination of the cost of
114	each agency program, an evaluation of best practices and
115	alternatives that would result in the administration of the
116	agency in a more efficient or effective manner, an examination
117	of the viability of privatization or a different state agency
118	performing the functions, and an evaluation of the cost and
119	consequences of discontinuing the agency. The reviews shall be
120	comprehensive in scope and shall consider the information
121	provided by the agency report in addition to information deemed
122	necessary by the office and the appropriate committee or the
123	joint committee. The Office of Program Policy Analysis and
124	Government Accountability shall submit its report to the
125	Legislature in a timeframe prescribed by the committee
126	requesting the review. The Office of Program Policy Analysis and
127	Government Accountability shall include in its reports
128	recommendations for consideration by the Legislature.
129	Section 5.  Section 11.908, Florida Statutes, is amended to
130	read:
131	11.908  Committee duties.--No later than March 1 of the
132	year in which a state agency or its advisory committees are
133	scheduled to be reviewed, the joint committee shall and the
134	joint committee may:
135	(1)  Review the information submitted by the agency and the
136	reports of any independent reviews directed by the committees
137	committee, including those conducted by the Office of Program
138	Policy Analysis and Government Accountability.
139	(2)  Consult with the Legislative Budget Commission,
140	relevant substantive and appropriations committees of the Senate
141	and the House of Representatives, the Governor's Office of
142	Policy and Budgeting, the Auditor General, and the Chief
143	Financial Officer, or their successors, relating to the review
144	of the agency and its advisory committees.
145	(3)  Hold public hearings to consider this information as
146	well as other information and testimony that the committee or
147	joint committee deems necessary.
148	(4)  Present to the President of the Senate and the Speaker
149	of the House of Representatives a report on the agencies and
150	advisory committees scheduled to be reviewed that year by the
151	Legislature. In the report, the joint committee shall include
152	its specific findings and recommendations regarding the
153	information considered pursuant to s. 11.910, make
154	recommendations as described in s. 11.911, and propose
155	legislation as it considers necessary. In the joint committee
156	report, the joint committee shall include its specific findings
157	and recommendations regarding the information considered
158	pursuant to s. 11.910 and make recommendations as described in
159	s. 11.911.
160	Section 6.  Section 11.910, Florida Statutes, is amended to
161	read:
162	11.910  Information for review.--The committees committee
163	may consider information submitted pursuant to s. 11.906 as well
164	as any additional information it considers relevant in
165	determining whether a public need exists for the continuation of
166	a state agency or its advisory committees or for the performance
167	of any of the functions of the agency or its advisory
168	committees.
169	Section 7.  Section 11.911, Florida Statutes, is amended to
170	read:
171	11.911  Committee recommendations.--
172	(1)  In its report on a state agency, the joint committee
173	shall and the committee may:
174	(1)(a)  Make recommendations on the abolition,
175	continuation, or reorganization of each state agency and its
176	advisory committees and on the need for the performance of the
177	functions of the agency and its advisory committees.
178	(2)(b)  Make recommendations on the consolidation,
179	transfer, or reorganization of programs within state agencies
180	not under review when the programs duplicate functions performed
181	in agencies under review.
182	(3)(c)  Propose legislation necessary to carry out the
183	committee's recommendations under subsection (1) paragraph (a)
184	or subsection (2) paragraph (b).
185	(2)  In its report on a state agency, the joint committee
186	shall:
187	(a)  Make recommendations on the abolition, continuation,
188	or reorganization of each state agency and its advisory
189	committees and on the need for the performance of the functions
190	of the agency and its advisory committees.
191	(b)  Make recommendations on the consolidation, transfer,
192	or reorganization of programs within state agencies not under
193	review when the programs duplicate functions performed in
194	agencies under review.
195	Section 8.  Section 11.919, Florida Statutes, is amended to
196	read:
197	11.919  Assistance of and access to state agencies.--
198	(1)  The committees committee may access or request
199	information and request the assistance of state agencies and
200	officers. When assistance is requested, a state agency or
201	officer shall assist the committees committee.
202	(2)  In carrying out its functions under ss. 11.901-11.920,
203	the committees committee or its designated staff member may
204	inspect the records, documents, and files of any state agency.
205	Section 9.  This act shall take effect July 1, 2008.

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