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 and additional information
9	under certain circumstances; amending s. 11.907, F.S.;
10	requiring the joint committee and permitting appropriate
11	committees to conduct reviews upon receipt of agency
12	reports; amending s. 11.908, F.S.; revising duties of the
13	joint committee and other committees to conduct reviews;
14	amending s. 11.910, F.S.; authorizing committees to
15	consider certain information in reaching determinations;
16	amending s. 11.911, F.S.; requiring the joint committee
17	and permitting other committees to make recommendations
18	and propose legislation; amending s. 11.919, F.S.;
19	permitting committee access to information, assistance
20	from state agencies, and inspection of records when
21	carrying out its 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	and a complete listing of collaborative programs and initiatives
101	with other departments and agencies.
102	Section 4.  Section 11.907, Florida Statutes, is amended to
103	read:
104	11.907  Legislative review.--Upon receipt of an agency
105	report pursuant to s. 11.906, the appropriate joint committee
106	may and the joint appropriate committee shall conduct a review
107	of the agency and may direct the Office of Program Policy
108	Analysis and Government Accountability to review the agency and
109	its advisory committees, including an examination of the cost of
110	each agency program, an evaluation of best practices and
111	alternatives that would result in the administration of the
112	agency in a more efficient or effective manner, an examination
113	of the viability of privatization or a different state agency
114	performing the functions, and an evaluation of the cost and
115	consequences of discontinuing the agency. The reviews shall be
116	comprehensive in scope and shall consider the information
117	provided by the agency report in addition to information deemed
118	necessary by the office and the appropriate committee or the
119	joint committee. The Office of Program Policy Analysis and
120	Government Accountability shall submit its report to the
121	Legislature in a timeframe prescribed by the committee
122	requesting the review. The Office of Program Policy Analysis and
123	Government Accountability shall include in its reports
124	recommendations for consideration by the Legislature.
125	Section 5.  Section 11.908, Florida Statutes, is amended to
126	read:
127	11.908  Committee duties.--No later than March 1 of the
128	year in which a state agency or its advisory committees are
129	scheduled to be reviewed, the joint committee shall and the
130	joint committee may:
131	(1)  Review the information submitted by the agency and the
132	reports of any independent reviews directed by the committees
133	committee, including those conducted by the Office of Program
134	Policy Analysis and Government Accountability.
135	(2)  Consult with the Legislative Budget Commission,
136	relevant substantive and appropriations committees of the Senate
137	and the House of Representatives, the Governor's Office of
138	Policy and Budgeting, the Auditor General, and the Chief
139	Financial Officer, or their successors, relating to the review
140	of the agency and its advisory committees.
141	(3)  Hold public hearings to consider this information as
142	well as other information and testimony that the committee or
143	joint committee deems necessary.
144	(4)  Present to the President of the Senate and the Speaker
145	of the House of Representatives a report on the agencies and
146	advisory committees scheduled to be reviewed that year by the
147	Legislature. In the report, the joint committee shall include
148	its specific findings and recommendations regarding the
149	information considered pursuant to s. 11.910, make
150	recommendations as described in s. 11.911, and propose
151	legislation as it considers necessary. In the joint committee
152	report, the joint committee shall include its specific findings
153	and recommendations regarding the information considered
154	pursuant to s. 11.910 and make recommendations as described in
155	s. 11.911.
156	Section 6.  Section 11.910, Florida Statutes, is amended to
157	read:
158	11.910  Information for review.--The committees committee
159	may consider information submitted pursuant to s. 11.906 as well
160	as any additional information it considers relevant in
161	determining whether a public need exists for the continuation of
162	a state agency or its advisory committees or for the performance
163	of any of the functions of the agency or its advisory
164	committees.
165	Section 7.  Section 11.911, Florida Statutes, is amended to
166	read:
167	11.911  Committee recommendations.--
168	(1)  In its report on a state agency, the joint committee
169	shall and the committee may:
170	(1)(a)  Make recommendations on the abolition,
171	continuation, or reorganization of each state agency and its
172	advisory committees and on the need for the performance of the
173	functions of the agency and its advisory committees.
174	(2)(b)  Make recommendations on the consolidation,
175	transfer, or reorganization of programs within state agencies
176	not under review when the programs duplicate functions performed
177	in agencies under review.
178	(3)(c)  Propose legislation necessary to carry out the
179	committee's recommendations under subsection (1) paragraph (a)
180	or subsection (2) paragraph (b).
181	(2)  In its report on a state agency, the joint committee
182	shall:
183	(a)  Make recommendations on the abolition, continuation,
184	or reorganization of each state agency and its advisory
185	committees and on the need for the performance of the functions
186	of the agency and its advisory committees.
187	(b)  Make recommendations on the consolidation, transfer,
188	or reorganization of programs within state agencies not under
189	review when the programs duplicate functions performed in
190	agencies under review.
191	Section 8.  Section 11.919, Florida Statutes, is amended to
192	read:
193	11.919  Assistance of and access to state agencies.--
194	(1)  The committees committee may access or request
195	information and request the assistance of state agencies, and
196	officers, and political subdivisions. When assistance is
197	requested, a state agency or officer shall assist the committees
198	committee.
199	(2)  In carrying out its functions under ss. 11.901-11.920,
200	the committees committee or its designated staff member may
201	inspect the records, documents, and files of any state agency.
202	Section 9.  This act shall take effect July 1, 2008.

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