HB 1123

1	A bill to be entitled
2	An act relating to government accountability; creating ch.
3	21, F.S., the Florida Government Accountability Act;
4	providing definitions; creating the Legislative Sunset
5	Advisory Committee; providing for appointment,
6	qualifications, and terms of committee members; providing
7	for vacancies; providing for organization and procedure;
8	authorizing reimbursement for certain expenses; providing
9	for employment of staff; providing a schedule for
10	abolishing state agencies and advisory committees;
11	requiring the committee to conduct prior review and
12	recommend whether to abolish an agency and its advisory
13	committees as scheduled; providing for public hearings;
14	requiring agency and committee reports; providing review
15	criteria; specifying recommendation options; providing for
16	continuation, by law, under certain circumstances;
17	providing for legislative consideration of proposals with
18	respect to such recommendations; providing procedures
19	after termination; providing for issuance of subpoenas;
20	authorizing reimbursement for travel and per diem for
21	witnesses; providing for assistance of and access to state
22	agencies; providing applicability with respect to certain
23	rights, penalties, liabilities, and proceedings; providing
24	for review of proposed legislation creating a new agency
25	or advisory committee; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Chapter 21, Florida Statutes, consisting of
30	sections 21.001, 21.002, 21.003, 21.004, 21.005, 21.006, 21.007,
31	21.008, 21.009, 21.0111, 21.012, 21.0125, 21.013, 21.015,
32	21.016, 21.017, 21.018, 21.019, 21.0211, and 21.022, is created
33	to read:
34	CHAPTER 21
35	GOVERNMENT ACCOUNTABILITY
36	21.001  Short title.--This chapter may be cited as the
37	"Florida Government Accountability Act."
38	21.002  Definitions.--As used in this chapter:
39	(1)  "State agency" or "agency" means a department as
40	defined in s. 20.03(2) or any other administrative unit of state
41	government scheduled for termination and prior review under this
42	chapter.
43	(2)  "Advisory committee" means any examining and licensing
44	board, council, advisory council, committee, task force,
45	coordinating council, commission, or board of trustees as
46	defined in s. 20.03(3), (7), (8), (9), (10), or (12) or any
47	group, by whatever name, created to provide advice or
48	recommendations to one or more agencies, departments, divisions,
49	bureaus, boards, sections, or other units or entities of state
50	government.
51	(3)  "Committee" means the Legislative Sunset Advisory
52	Committee.
53	21.003  Legislative Sunset Advisory Committee.--
54	(1)  The Legislative Sunset Advisory Committee is created
55	and shall consist of five members of the Senate, one public
56	member appointed by the President of the Senate, and five
57	members of the House of Representatives, and one public member
58	appointed by the Speaker of the House of Representatives. Each
59	appointing authority may designate himself or herself as one of
60	the legislative appointees.
61	(2)  An individual is not eligible for appointment as a
62	public member if the individual or the individual's spouse is:
63	(a)  Regulated by a state agency that the committee will
64	review during the term for which the individual would serve; or
65	(b)  Employed by, participates in the management of, or
66	directly or indirectly has more than a 10-percent interest in a
67	business entity or other organization regulated by a state
68	agency the committee will review during the term for which the
69	individual would serve.
70	(3)  It is a ground for removal of a public member from the
71	committee if the member does not have the qualifications
72	required by subsection (2) for appointment to the committee at
73	the time of appointment or does not maintain the qualifications
74	while serving on the committee. The validity of the committee's
75	action is not affected by the fact that it was taken when a
76	ground for removal of a public member from the committee
77	existed.
78	(4)  Legislative and public members shall serve terms of 2
79	years. A public member may not serve more than two consecutive
80	2-year terms; and, for purposes of this prohibition, a member is
81	considered to have served a term only if the member has served
82	more than half of the term.
83	(5)  Initial appointments shall be made not later than
84	November 30, 2006, and subsequent appointments shall be made not
85	later than January 15 of the year following each organization
86	session of the Legislature.
87	(6)  If a legislative member ceases to be a member of the
88	house from which he or she was appointed, the member vacates his
89	or her membership on the committee.
90	(7)  If a vacancy occurs, the appropriate appointing
91	authority shall appoint a person to serve for the remainder of
92	the unexpired term in the same manner as the original
93	appointment.
94	(8)  The committee shall have a chair and vice chair as
95	presiding officers. The chair and vice chair must alternate each
96	year between the two membership groups appointed by the
97	President of the Senate and the Speaker of the House of
98	Representatives. The chair and vice chair may not be from the
99	same membership group. The President of the Senate shall
100	designate a presiding officer from his appointed membership
101	group who shall preside as chair during the odd-numbered year
102	and as vice chair during the even-numbered year, and the Speaker
103	of the House of Representatives shall designate the other
104	presiding officer from his appointed membership group who shall
105	preside as chair during the even-numbered year and as vice chair
106	during the odd-numbered year.
107	(9)  Seven members of the committee constitute a quorum. A
108	final action or recommendation may not be made unless approved
109	by a recorded vote of a majority of the committee's full
110	membership.
111	(10)  Each member of the committee is entitled to
112	reimbursement for actual and necessary expenses incurred in
113	performing committee duties. Each legislative member is entitled
114	to reimbursement from the appropriate fund of the member's
115	respective house. Each public member is entitled to
116	reimbursement from funds appropriated for use by the committee.
117	21.004  Staff.--The Senate and the House of Representatives
118	may each employ staff to work for the chair and vice chair of
119	the committee on matters related to committee activities.
120	21.005  Schedule for abolishing state agencies and advisory
121	committees.--The following state agencies, including their
122	advisory committees, or the following advisory committees of
123	agencies are abolished according to the following schedule:
124	(1)  Abolished July 1, 2008:
125	(a)  Advisory committees for the Fish and Wildlife
126	Conservation Commission.
127	(b)  Department of Agriculture and Consumer Services.
128	(c)  Department of Citrus, including the Citrus Commission.
129	(d)  Department of Community Affairs.
130	(e)  Department of Environmental Protection.
131	(f)  Department of Highway Safety and Motor Vehicles.
132	(g)  Water managements districts.
133	(2)  Abolished July 1, 2009:
134	(a)  Department of Children and Family Services.
135	(b)  Department of the Lottery.
136	(c)  Department of Management Services.
137	(d)  Department of State.
138	(3)  Abolished July 1, 2010:
139	(a)  Advisory committees for the Florida Community College
140	System.
141	(b)  Advisory committees for the State University System.
142	(c)  Agency for Workforce Innovation.
143	(d)  Department of Education.
144	(4)  Abolished July 1, 2011:
145	(a)  Agency for Health Care Administration.
146	(b)  Agency for Persons with Disabilities.
147	(c)  Department of Elderly Affairs.
148	(d)  Department of Health.
149	(5)  Abolished July 1, 2012:
150	(a)  Department of Business and Professional Regulation.
151	(b)  Department of Transportation.
152	(c)  Department of Veterans' Affairs.
153	(6)  Abolished July 1, 2013:
154	(a)  Advisory committees for the State Board of
155	Administration.
156	(b)  Department of Financial Services, including the
157	Financial Services Commission.
158	(c)  Department of Revenue.
159	(7)  Abolished July 1, 2014:
160	(a)  Department of Corrections.
161	(b)  Department of Juvenile Justice.
162	(c)  Department of Law Enforcement.
163	(d)  Department of Legal Affairs.
164	(e)  Justice Administrative Commission.
165	(f)  Parole Commission.
166	(8)  Abolished July 1, 2015:
167	(a)  Executive Office of the Governor.
168	(b)  Florida Public Service Commission.
169	21.006  Agency report to committee.--Not later than October
170	30 of each even-numbered year and not later than July 31 of each
171	odd-numbered year of the year preceding the year in which a
172	state agency and its advisory committees are scheduled to be
173	abolished, the agency shall report to the committee:
174	(1)  Information regarding the application to the agency of
175	the criteria in s. 21.0111.
176	(2)  Any other information that the agency considers
177	appropriate or that is requested by the committee.
178	21.007  Committee duties.--Not later than March 1 of the
179	year in which a state agency is scheduled to be abolished, the
180	committee shall:
181	(1)  Review and take action necessary to verify the reports
182	submitted by the agency under s. 21.006.
183	(2)  Consult with the Legislative Budget Commission, the
184	Planning and Budgeting Office in the Executive Office of the
185	Governor, the Auditor General, and the Chief Financial Officer,
186	or their successors, on the application to the agency of the
187	criteria provided in s. 21.0111.
188	(3)  Conduct a performance evaluation of the agency based
189	on the criteria provided in s. 21.0111 and prepare a written
190	report.
191	(4)  Review the implementation of committee recommendations
192	contained in the reports presented to the Legislature during the
193	preceding legislative session.
194	21.008  Public hearings.--Not later than March 1 of the
195	year in which a state agency and its advisory committees are
196	scheduled to be abolished, the committee shall have finished
197	conducting all public hearings concerning, but not limited to,
198	the application to the agency and its advisory committees of the
199	criteria provided in s. 21.0111.
200	21.009  Committee report.--
201	(1)  By March 1 of each year, the committee shall present
202	to the President of the Senate, the Speaker of the House of
203	Representatives, and the Governor a report on the agencies and
204	advisory committees scheduled to be abolished that year.
205	(2)  In the report, the committee shall include:
206	(a)  Its specific findings regarding each of the criteria
207	prescribed by s. 21.0111.
208	(b)  Its recommendations based on the matters prescribed by
209	s. 21.012.
210	(c)  Other information the committee considers necessary
211	for a complete evaluation of each agency and its advisory
212	committees.
213	21.0111  Criteria for review.--The committee shall consider
214	the following criteria in determining whether a public need
215	exists for the continuation of a state agency or its advisory
216	committees or for the performance of the functions of the agency
217	or its advisory committees:
218	(1)  The efficiency with which the agency or advisory
219	committee operates.
220	(2)  An identification of the objectives intended for the
221	agency or advisory committee and the problem or need that the
222	agency or advisory committee was intended to address, the extent
223	to which the objectives have been achieved, and any activities
224	of the agency in addition to those granted by statute and the
225	authority for these activities.
226	(3)  An assessment of less restrictive or alternative
227	methods of providing any regulatory function for which the
228	agency is responsible while adequately protecting the public.
229	(4)  The extent to which the advisory committee is needed
230	and is used.
231	(5)  The extent to which the jurisdiction of the agency and
232	the programs administered by the agency overlap or duplicate
233	those of other agencies and the extent to which the programs
234	administered by the agency can be consolidated with the programs
235	of other state agencies.
236	(6)  Whether the agency has recommended to the Legislature
237	statutory changes calculated to be of benefit to the public
238	rather than to an occupation, business, or institution that the
239	agency regulates.
240	(7)  The promptness and effectiveness with which the agency
241	disposes of complaints concerning persons affected by the
242	agency.
243	(8)  The extent to which the agency has encouraged
244	participation by the public in making its rules and decisions as
245	opposed to participation solely by those it regulates and the
246	extent to which the public participation has resulted in rules
247	compatible with the objectives of the agency.
248	(9)  The extent to which the agency has complied with
249	applicable requirements of:
250	(a)  An agency of the Federal Government or of this state
251	regarding equality of employment opportunity and the rights and
252	privacy of individuals.
253	(b)  State law and applicable rules of any state agency
254	regarding purchasing goals and programs for historically
255	underutilized businesses.
256	(10)  The extent to which changes are necessary in the
257	enabling statutes of the agency so that the agency can
258	adequately comply with the criteria listed in this section.
259	(11)  The extent to which the agency issues and enforces
260	rules relating to potential conflicts of interest of its
261	employees.
262	(12)  The extent to which the agency complies with public
263	records and public meetings requirements under chapters 119 and
264	287 and s. 24, Art. I of the State Constitution and follows
265	records management practices that enable the agency to respond
266	efficiently to requests for public information.
267	(13)  The effect of federal intervention or loss of federal
268	funds if the agency is abolished.
269	(14)  Whether any advisory committee or any other part of
270	the agency exercises its powers and duties independently of the
271	direct supervision of the agency head in violation of s. 6, Art.
272	IV of the State Constitution.
273	21.012  Recommendations.--In its report on a state agency,
274	the committee shall:
275	(1)  Make recommendations on the abolition, continuation,
276	or reorganization of each affected state agency and its advisory
277	committees and on the need for the performance of the functions
278	of the agency and its advisory committees.
279	(2)  Make recommendations on the consolidation, transfer,
280	or reorganization of programs within state agencies not under
281	review when the programs duplicate functions performed in
282	agencies under review.
283	(3)  Recommend appropriation levels for each state agency
284	and advisory committee for which abolition or reorganization is
285	recommended under subsection (1) or subsection (2).
286	(4)  Include drafts of legislation necessary to carry out
287	the committee's recommendations under subsection (1) or
288	subsection (2).
289	21.0125  Monitoring of recommendations.--During each
290	legislative session, the staff of the committee shall monitor
291	legislation affecting agencies that have undergone review under
292	this chapter and shall periodically report to the members of the
293	committee on proposed changes that would modify prior
294	recommendations of the committee.
295	21.013  Abolition of advisory committees.--An advisory
296	committee is abolished on the date set for abolition of the
297	agency unless the advisory committee is expressly continued by
298	law.
299	21.015  Continuation by law.--
300	(1)  During the regular session immediately before a state
301	agency and its advisory committees are scheduled to be
302	abolished, the Legislature, by law, may continue the agency or
303	any of its advisory committees for a period not to exceed 8
304	years.
305	(2)  This chapter does not prohibit the Legislature from:
306	(a)  Abolishing a state agency or advisory committee on a
307	date earlier than that scheduled in this chapter; or
308	(b)  Considering any other legislation relative to a state
309	agency or advisory committee scheduled to be abolished under
310	this chapter.
311	21.016  Legislative consideration.--
312	(1)  Except as provided by subsection (2), the Legislature
313	may not consider in one bill the continuation, transfer, or
314	modification of more than one state agency and the agency's
315	functions and advisory committees.
316	(2)  If more than one agency, advisory committee, or
317	function is to be consolidated, the Legislature may consider in
318	one bill only the agencies or advisory committees to be
319	consolidated.
320	(3)  A bill to continue a state agency, to transfer its
321	functions, or to consolidate it with another agency must mention
322	the affected agencies in the title of the bill.
323	21.017  Procedure after termination.--
324	(1)  A state agency that is abolished may continue in
325	existence until July 1 of the following year to conclude its
326	business. Unless the law provides otherwise, abolishment does
327	not reduce or otherwise limit the powers and authority of the
328	state agency during the concluding year. A state agency is
329	terminated and shall cease all activities at the expiration of
330	the 1-year period. Unless the law provides otherwise, all rules
331	that have been adopted by the state agency expire at the
332	expiration of the 1-year period.
333	(2)  Any unobligated and unexpended appropriations of an
334	abolished agency or advisory committee lapse on July 1 of the
335	year following abolishment.
336	(3)  Except as provided by subsection (5) or as otherwise
337	provided by law, all money in a dedicated fund of an abolished
338	state agency or advisory committee on July 1 of the year
339	immediately following abolishment is transferred to the General
340	Revenue Fund. The part of the law dedicating the money to a
341	specific fund of an abolished agency becomes void on July 1 of
342	the year immediately following abolishment.
343	(4)  If not otherwise provided by law, property and records
344	in the custody of an abolished state agency or advisory
345	committee on July 1 of the year immediately following
346	abolishment shall be transferred to the Department of Management
347	Services.
348	(5)  The Legislature recognizes the state's continuing
349	obligation to pay bonded indebtedness and all other obligations,
350	including lease, contract, and other written obligations,
351	incurred by a state agency abolished under this chapter, and
352	this chapter does not impair or impede the payment of bonded
353	indebtedness and all other obligations, including lease,
354	contract, and other written obligations, in accordance with
355	their terms. If an abolished state agency has outstanding bonded
356	indebtedness or other outstanding obligations, including lease,
357	contract, and other written obligations, the bonds and all other
358	obligations, including lease, contract, and other written
359	obligations, remain valid and enforceable in accordance with
360	their terms and subject to all applicable terms and conditions
361	of the laws and proceedings authorizing the bonds and all other
362	obligations, including lease, contract, and other written
363	obligations. If not otherwise provided by law, the Department of
364	Management Services shall continue to carry out all covenants
365	contained in the bonds and in all other obligations, including
366	lease, contract, and other written obligations, and the
367	proceedings authorizing them, including the issuance of bonds,
368	and the performance of all other obligations, including lease,
369	contract, and other written obligations, to complete the
370	construction of projects or the performance of other
371	obligations, including lease, contract, and other written
372	obligations. The designated state agency shall provide payment
373	from the sources of payment of the bonds in accordance with the
374	terms of the bonds and shall provide payment from the sources of
375	payment of all other obligations, including lease, contract, and
376	other written obligations, in accordance with their terms,
377	whether from taxes, revenues, or otherwise, until the bonds and
378	interest on the bonds are paid in full and all other
379	obligations, including lease, contract, and other written
380	obligations, are performed and paid in full. If the proceedings
381	so provide, all funds established by laws or proceedings
382	authorizing the bonds or authorizing other obligations,
383	including lease, contract, and other written obligations, shall
384	remain with the Chief Financial Officer or the previously
385	designated trustees. If the proceedings do not provide that the
386	funds remain with the Chief Financial Officer or the previously
387	designated trustees, the funds shall be transferred to the
388	designated state agency.
389	21.018  Subpoena power.--
390	(1)  The President of the Senate or the Speaker of the
391	House of Representatives may issue process to compel the
392	attendance of witnesses and the production of books, records,
393	papers, and other objects necessary or proper for the purposes
394	of the committee proceedings. The process may be served on a
395	witness at any place in this state.
396	(2)  If a majority of the committee directs the issuance of
397	a subpoena, the chair shall request that the President of the
398	Senate or the Speaker of the House of Representatives issue the
399	subpoena.
400	(3)  Testimony taken under subpoena must be reduced to
401	writing and given under oath subject to the penalties of
402	perjury.
403	(4)  A witness who attends a committee proceeding under
404	process is entitled to the same mileage and per diem as a
405	witness who appears before a grand jury in this state.
406	21.019  Assistance of and access to state agencies.--
407	(1)  The committee may request the assistance of state
408	agencies and officers. When assistance is requested, a state
409	agency or officer shall assist the committee.
410	(2)  In carrying out its functions under this chapter, the
411	committee or its designated staff member may inspect the
412	records, documents, and files of any state agency.
413	21.0211  Saving provision.--Except as otherwise expressly
414	provided by law, abolition of a state agency does not affect
415	rights and duties that matured, penalties that were incurred,
416	civil or criminal liabilities that arose, or proceedings that
417	were begun before the effective date of the abolition.
418	21.022  Review of proposed legislation creating a new
419	agency or advisory committee.--
420	(1)  Each bill filed in the Senate or the House of
421	Representatives that would create a new state agency or a new
422	advisory committee to a state agency shall be forwarded by the
423	President of the Senate or the Speaker of the House of
424	Representatives, as applicable, to the committee.
425	(2)  The committee shall review the bill to determine if:
426	(a)  The proposed regulatory and other functions of the
427	state agency or advisory committee could be administered by one
428	or more existing state agencies or advisory committees;
429	(b)  The form of regulation, if any, proposed by the bill
430	is the least restrictive form of regulation that will adequately
431	protect the public;
432	(c)  The bill provides for adequate public input regarding
433	any regulatory function proposed by the bill; and
434	(d)  The bill provides for adequate protection against
435	conflicts of interest within the state agency or advisory
436	committee.
437	(3)  After reviewing the bill, the committee shall forward
438	a written comment on the legislation to the sponsor of the bill
439	and to the chair of the substantive legislative committee to
440	which the bill is referred, and implementation cannot take place
441	until a recommendation is made.
442	Section 2.  This act shall take effect July 1, 2006.

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