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

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