The Florida Senate

11.910  Criteria for review.--The committee shall consider the following criteria in determining whether a public need exists for the continuation of a state agency or its advisory committees or for the performance of the functions of the agency or its advisory committees:

(1)  Agency compliance with the accountability measures, as analyzed by the Auditor General, the Office of Program Policy Analysis and Government Accountability, and the Office of Policy and Budget within the Executive Office of the Governor, pursuant to ss. 216.013 and 216.023(4) and (5).

(2)  The efficiency with which the agency or advisory committee operates.

(3)  The statutory objectives of the agency or advisory committee and the problem or need that the agency or advisory committee is intended to address, the extent to which the objectives have been achieved, and any activities of the agency in addition to those granted by statute and the authority for these activities.

(4)  An assessment of less restrictive or alternative methods of providing any regulatory function for which the agency is responsible while adequately protecting the public.

(5)  The extent to which the advisory committee is needed and is used.

(6)  The extent to which the jurisdiction of the agency and the programs administered by the agency overlap or duplicate those of other agencies and the extent to which the programs administered by the agency can be consolidated with the programs of other state agencies.

(7)  Whether the agency has recommended to the Legislature statutory changes calculated to be of benefit to the public rather than to an occupation, business, or institution that the agency regulates.

(8)  The promptness and effectiveness with which the agency disposes of complaints concerning persons affected by the agency.

(9)  The extent to which the agency has encouraged participation by the public in making its rules and decisions as opposed to participation solely by those it regulates and the extent to which the public participation has resulted in rules compatible with the objectives of the agency.

(10)  The extent to which the agency has complied with applicable requirements of state law and applicable rules of any state agency regarding purchasing goals and programs for historically underutilized businesses.

(11)  The extent to which changes are necessary in the enabling statutes of the agency so that the agency can adequately comply with the criteria listed in this section.

(12)  The extent to which the agency adopts and enforces rules relating to potential conflicts of interest of its employees.

(13)  The extent to which the agency complies with public records and public meetings requirements under chapters 119 and 287 and s. 24, Art. I of the State Constitution and follows records management practices that enable the agency to respond efficiently to requests for public information.

(14)  The extent to which the agency accurately reports performance measures used to justify state spending on each of its activities, services, and programs.

(15)  The effect of federal intervention or loss of federal funds if the agency is abolished.

(16)  Whether any advisory committee or any other part of the agency exercises its powers and duties independently of the direct supervision of the agency head in violation of s. 6, Art. IV of the State Constitution.

History.--s. 10, ch. 2006-146.