HB 1123

CS

CHAMBER ACTION

1	The Fiscal Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to government accountability; creating ch.
7	21, F.S., the Florida Government Accountability Act;
8	providing definitions; creating the Legislative Sunset
9	Advisory Committee; providing for appointment,
10	qualifications, and terms of committee members; providing
11	for vacancies; providing for organization and procedure;
12	authorizing reimbursement for certain expenses; providing
13	for employment of staff; providing a schedule for
14	abolishing state agencies and advisory committees;
15	prescribing required content for agency reports to the
16	committee; providing for review of agencies and their
17	advisory committees by the Office of Program Policy
18	Analysis and Government Accountability; prescribing duties
19	of the committee in reviewing reports, consulting with
20	other legislative entities, holding public hearings, and
21	making a report and recommendations to the legislative
22	leadership with respect to agencies scheduled for
23	abolition; providing for monitoring committee
24	recommendations; providing review criteria; specifying
25	recommendation options; authorizing exemption from certain
26	review for certain agencies; providing for continuation of
27	state agencies and their advisory committees, by law,
28	under certain circumstances; providing for legislative
29	consideration of proposals with respect to such
30	recommendations; providing procedures after termination;
31	providing for issuance of subpoenas; authorizing
32	reimbursement for travel and per diem for witnesses;
33	providing for assistance of and access to state agencies;
34	providing applicability with respect to certain rights,
35	penalties, liabilities, and proceedings; providing for
36	review of proposed legislation creating a new agency or
37	advisory committee; amending s. 216.023, F.S.; requiring
38	that performance measures and standards and outsourcing
39	cost-benefit and business case analyses identify impacts
40	on agency activities; creating a working group to develop
41	instructions for agencies regarding the computation of
42	activity and unit cost information required to be included
43	in legislative budget requests; providing an effective
44	date.
45
46	Be It Enacted by the Legislature of the State of Florida:
47
48	Section 1.  Chapter 21, Florida Statutes, consisting of
49	sections 21.001, 21.002, 21.003, 21.004, 21.005, 21.006, 21.007,
50	21.008, 21.009, 21.0111, 21.012, 21.0125, 21.0126, 21.013,
51	21.015, 21.016, 21.017, 21.018, 21.019, 21.0211, and 21.022, is
52	created to read:
53	CHAPTER 21
54	GOVERNMENT ACCOUNTABILITY
55
56	21.001  Short title.--This chapter may be cited as the
57	"Florida Government Accountability Act."
58	21.002  Definitions.--As used in this chapter:
59	(1)  "State agency" or "agency" means a department as
60	defined in s. 20.03(2) or any other administrative unit of state
61	government scheduled for termination and prior review under this
62	chapter.
63	(2)  "Advisory committee" means any examining and licensing
64	board, council, advisory council, committee, task force,
65	coordinating council, commission, or board of trustees as
66	defined in s. 20.03(3), (7), (8), (9), (10), or (12) or any
67	group, by whatever name, created to provide advice or
68	recommendations to one or more agencies, departments, divisions,
69	bureaus, boards, sections, or other units or entities of state
70	government.
71	(3)  "Committee" means the Legislative Sunset Advisory
72	Committee.
73	21.003  Legislative Sunset Advisory Committee.--
74	(1)  The Legislative Sunset Advisory Committee is created
75	and shall consist of five members of the Senate and one public
76	member appointed by the President of the Senate and five members
77	of the House of Representatives and one public member appointed
78	by the Speaker of the House of Representatives. Each appointing
79	authority may designate himself or herself as one of the
80	legislative appointees.
81	(2)  An individual is not eligible for appointment as a
82	public member if the individual or the individual's spouse is:
83	(a)  Regulated by a state agency that the committee will
84	review during the term for which the individual would serve; or
85	(b)  Employed by, participates in the management of, or
86	directly or indirectly has more than a 10-percent interest in a
87	business entity or other organization regulated by a state
88	agency the committee will review during the term for which the
89	individual would serve.
90	(3)  It is a ground for removal of a public member from the
91	committee if the member does not have the qualifications
92	required by subsection (2) for appointment to the committee at
93	the time of appointment or does not maintain the qualifications
94	while serving on the committee. The validity of the committee's
95	action is not affected by the fact that it was taken when a
96	ground for removal of a public member from the committee
97	existed.
98	(4)  Legislative and public members shall serve terms of 2
99	years. A public member may not serve more than two consecutive
100	2-year terms; and, for purposes of this prohibition, a member is
101	considered to have served a term only if the member has served
102	more than half of the term.
103	(5)  Initial appointments shall be made not later than
104	November 30, 2006, and subsequent appointments shall be made not
105	later than January 15 of the year following each organization
106	session of the Legislature.
107	(6)  If a legislative member ceases to be a member of the
108	house from which he or she was appointed, the member vacates his
109	or her membership on the committee.
110	(7)  If a vacancy occurs, the appropriate appointing
111	authority shall appoint a person to serve for the remainder of
112	the unexpired term in the same manner as the original
113	appointment.
114	(8)  The committee shall have a chair and vice chair as
115	presiding officers. The chair and vice chair must alternate each
116	year between the two membership groups appointed by the
117	President of the Senate and the Speaker of the House of
118	Representatives. The chair and vice chair may not be from the
119	same membership group. The President of the Senate shall
120	designate a presiding officer from his appointed membership
121	group who shall preside as chair during the odd-numbered year
122	and as vice chair during the even-numbered year, and the Speaker
123	of the House of Representatives shall designate the other
124	presiding officer from his appointed membership group who shall
125	preside as chair during the even-numbered year and as vice chair
126	during the odd-numbered year.
127	(9)  Seven members of the committee constitute a quorum. A
128	final action or recommendation may not be made unless approved
129	by a recorded vote of a majority of the committee's full
130	membership.
131	(10)  Each member of the committee is entitled to
132	reimbursement for actual and necessary expenses incurred in
133	performing committee duties. Each legislative member is entitled
134	to reimbursement from the appropriate fund of the member's
135	respective house. Each public member is entitled to
136	reimbursement from funds appropriated for use by the committee.
137	21.004  Staff.--The Senate and the House of Representatives
138	may each employ staff to work for the chair and vice chair of
139	the committee on matters related to committee activities. The
140	Auditor General and the Office of Program Policy Analysis and
141	Government Accountability shall assist the committee in
142	conducting its review under s. 21.0111.
143	21.005  Schedule for abolishing state agencies and advisory
144	committees.--The following state agencies, including their
145	advisory committees, or the following advisory committees of
146	agencies are abolished according to the following schedule:
147	(1)  Abolished July 1, 2008:
148	(a)  Advisory committees for the Fish and Wildlife
149	Conservation Commission.
150	(b)  Department of Agriculture and Consumer Services.
151	(c)  Department of Citrus, including the Citrus Commission.
152	(d)  Department of Environmental Protection.
153	(e)  Department of Highway Safety and Motor Vehicles.
154	(f)  Water management districts.
155	(2)  Abolished July 1, 2009:
156	(a)  Department of Children and Family Services.
157	(b)  Department of Community Affairs.
158	(c)  Department of Management Services.
159	(d)  Department of State.
160	(3)  Abolished July 1, 2010:
161	(a)  Advisory committees for the Florida Community College
162	System.
163	(b)  Advisory committees for the State University System.
164	(c)  Agency for Workforce Innovation.
165	(d)  Department of Education.
166	(e)  Department of the Lottery.
167	(4)  Abolished July 1, 2011:
168	(a)  Agency for Health Care Administration.
169	(b)  Agency for Persons with Disabilities.
170	(c)  Department of Elderly Affairs.
171	(d)  Department of Health.
172	(5)  Abolished July 1, 2012:
173	(a)  Department of Business and Professional Regulation.
174	(b)  Department of Transportation.
175	(c)  Department of Veterans' Affairs.
176	(6)  Abolished July 1, 2013:
177	(a)  Advisory committees for the State Board of
178	Administration.
179	(b)  Department of Financial Services, including the
180	Financial Services Commission.
181	(c)  Department of Revenue.
182	(7)  Abolished July 1, 2014:
183	(a)  Department of Corrections.
184	(b)  Department of Juvenile Justice.
185	(c)  Department of Law Enforcement.
186	(d)  Department of Legal Affairs.
187	(e)  Justice Administrative Commission.
188	(f)  Parole Commission.
189	(8)  Abolished July 1, 2015:
190	(a)  Executive Office of the Governor.
191	(b)  Florida Public Service Commission.
192
193	The President of the Senate and the Speaker of the House of
194	Representatives may alter this schedule by transferring agencies
195	between review years.
196	21.006  Agency report to committee.--Not later than January
197	1 of the year preceding the year in which a state agency and its
198	advisory committees are scheduled to be abolished, the agency
199	shall provide the committee with a report that includes:
200	(1)  A list of all agency programs and activities as
201	defined in s. 216.011.
202	(2)  The performance measures for each program and activity
203	as provided in s. 216.011 and 3 years of data for each measure
204	that provides actual results for the immediately preceding 2
205	years and projected results for the current fiscal year.
206	(3)  The agency's success in meeting its legislative
207	performance standards for each program and activity and an
208	explanation of factors that have contributed to its success or
209	failure to achieve the legislative standards.
210	(4)  The promptness and effectiveness with which the agency
211	disposes of complaints concerning persons affected by the
212	agency.
213	(5)  The extent to which the agency has encouraged
214	participation by the public in making its rules and decisions as
215	opposed to participation solely by those it regulates and the
216	extent to which public participation has resulted in rules
217	compatible with the objectives of the agency.
218	(6)  The extent to which the agency has complied with
219	applicable requirements of:
220	(a)  State and federal provisions relating to equality of
221	employment opportunity and the rights and privacy of
222	individuals.
223	(b)  State law and applicable rules regarding purchasing
224	goals and programs for historically underutilized businesses.
225	(7)  A statement of the objectives intended for each
226	program and activity, the problem or need that the program and
227	activity were intended to address, and the extent to which these
228	objectives have been achieved.
229	(8)  An assessment of the extent to which the jurisdiction
230	of the agency and its programs and activities overlap or
231	duplicate those of other agencies and the extent to which the
232	programs and activities can be consolidated with those of other
233	agencies.
234	(9)  An assessment of less restrictive or alternative
235	methods of providing services for which the agency is
236	responsible that would reduce costs or improve performance while
237	adequately protecting the public.
238	(10)  An assessment of the extent to which the agency has
239	corrected deficiencies and implemented recommendations contained
240	in reports of the Auditor General, the Office of Program Policy
241	Analysis and Government Accountability, legislative interim
242	studies, and federal audit entities.
243	(11)  The extent to which the agency adopts and enforces
244	rules relating to potential conflicts of interest of its
245	employees.
246	(12)  The extent to which the agency complies with public
247	records and public meetings requirements under chapters 119 and
248	286 and s. 24, Art. I of the State Constitution and follows
249	records management practices that enable the agency to respond
250	efficiently to requests for public information.
251	(13)  The extent to which alternative program delivery
252	options, such as privatization, have been considered to reduce
253	costs or improve services to citizens.
254	(14)  Recommendations to the Legislature for statutory or
255	budgetary changes that would improve program operations, reduce
256	costs, or reduce duplication.
257	(15)  The effect of federal intervention or loss of federal
258	funds if the agency, program, or activity is abolished.
259	(16)  A list of all advisory committees, including those
260	established in statute and those established by agency
261	initiation; their purpose, activities, membership, and related
262	expenses; the extent to which their purposes have been achieved;
263	and the rationale for continuing or eliminating each advisory
264	committee.
265	(17)  Other information deemed necessary by the committee.
266
267	Information and data reported by the agency shall be validated
268	by its inspector general before submission to the committee.
269	21.007  Legislative review.--Upon receipt of an agency
270	report pursuant to s. 21.006, the Office of Program Policy
271	Analysis and Government Accountability shall conduct a program
272	evaluation and justification review, as defined in s. 11.513, of
273	the agency and its advisory committees. The review shall be
274	comprehensive in its scope and consider the information provided
275	by the agency report in addition to information deemed necessary
276	by the office and the Legislative Sunset Advisory Committee. The
277	Office of Program Policy Analysis and Government Accountability
278	shall submit its report to the Legislative Sunset Advisory
279	Committee and to the President of the Senate and the Speaker of
280	the House of Representatives by October 31 of the year in which
281	the agency submits its report. The Office of Program Policy
282	Analysis and Government Accountability shall include in its
283	report recommendations for consideration by the Legislative
284	Sunset Advisory Committee.
285	21.008  Committee duties.--No later than March 1 of the
286	year in which a state agency or its advisory committees are
287	scheduled to be abolished, the committee shall:
288	(1)  Review the information submitted by the agency and the
289	report of the Office of Program Policy Analysis and Government
290	Accountability.
291	(2)  Consult with the Legislative Budget Commission,
292	relevant substantive and appropriations committees of the Senate
293	and the House of Representatives, the Governor's Office of
294	Policy and Budgeting, the Auditor General, and the Chief
295	Financial Officer, or their successors, on the application to
296	the agency and its advisory committees of the criteria provided
297	in s. 21.0111.
298	(3)  Hold public hearings to consider this information as
299	well as other information and testimony that the committee deems
300	necessary.
301	(4)  Present to the President of the Senate, the Speaker of
302	the House of Representatives, and the Governor a report on the
303	agencies and advisory committees scheduled to be abolished that
304	year. In the report, the committee shall include its specific
305	findings and recommendations regarding each of the criteria
306	prescribed by s. 21.0111 and shall also:
307	(a)  Make recommendations on the abolition, continuation,
308	or reorganization of each affected state agency and its advisory
309	committees and on the need for the performance of the functions
310	of the agency and its advisory committees.
311	(b)  Make recommendations on the consolidation, transfer,
312	privatization, or reorganization of programs within state
313	agencies not under review when the programs duplicate functions
314	performed in agencies under review.
315	(c)  Recommend appropriation levels for each state agency
316	and advisory committee for which abolition or reorganization is
317	recommended.
318	(d)  Include drafts of legislation necessary to carry out
319	the committee's recommendations.
320	21.009  Monitoring of recommendations.--During each
321	legislative session, staff of the committee shall monitor
322	legislation affecting agencies that have undergone review under
323	this chapter and shall periodically report to members of the
324	committee on proposed changes that would modify recommendations
325	of the committee. Staff shall also present a report to the
326	committee at the close of each legislative session on the
327	adoption of committee recommendations by the Legislature.
328	21.0111  Criteria for review.--The committee shall consider
329	the following criteria in determining whether a public need
330	exists for the continuation of a state agency or its advisory
331	committees or for the performance of the functions of the agency
332	or its advisory committees:
333	(1)  Agency compliance with the accountability measures, as
334	analyzed by the Auditor General, the Office of Program Policy
335	Analysis and Government Accountability, and the Office of Policy
336	and Budget within the Executive Office of the Governor, pursuant
337	to s. 216.023(4) and (5).
338	(2)  The efficiency with which the agency or advisory
339	committee operates.
340	(3)  The objectives of the agency or advisory committee and
341	the problem or need that the agency or advisory committee is
342	intended to address, the extent to which the objectives have
343	been achieved, and any activities of the agency in addition to
344	those granted by statute and the authority for these activities.
345	(4)  An assessment of less restrictive or alternative
346	methods of providing any regulatory function for which the
347	agency is responsible while adequately protecting the public.
348	(5)  The extent to which the advisory committee is needed
349	and is used.
350	(6)  The extent to which the jurisdiction of the agency and
351	the programs administered by the agency overlap or duplicate
352	those of other agencies and the extent to which the programs
353	administered by the agency can be consolidated with the programs
354	of other state agencies.
355	(7)  Whether the agency has recommended to the Legislature
356	statutory changes calculated to be of benefit to the public
357	rather than to an occupation, business, or institution that the
358	agency regulates.
359	(8)  The promptness and effectiveness with which the agency
360	disposes of complaints concerning persons affected by the
361	agency.
362	(9)  The extent to which the agency has encouraged
363	participation by the public in making its rules and decisions as
364	opposed to participation solely by those it regulates and the
365	extent to which the public participation has resulted in rules
366	compatible with the objectives of the agency.
367	(10)  The extent to which the agency has complied with
368	applicable requirements of:
369	(a)  An agency of the Federal Government or of this state
370	regarding equality of employment opportunity and the rights and
371	privacy of individuals.
372	(b)  State law and applicable rules of any state agency
373	regarding purchasing goals and programs for historically
374	underutilized businesses.
375	(11)  The extent to which changes are necessary in the
376	enabling statutes of the agency so that the agency can
377	adequately comply with the criteria listed in this section.
378	(12)  The extent to which the agency adopts and enforces
379	rules relating to potential conflicts of interest of its
380	employees.
381	(13)  The extent to which the agency complies with public
382	records and public meetings requirements under chapters 119 and
383	287 and s. 24, Art. I of the State Constitution and follows
384	records management practices that enable the agency to respond
385	efficiently to requests for public information.
386	(14)  The extent to which the agency complies with
387	requirements for maintaining transparency in its budget reports.
388	(15)  The extent to which the agency accurately reports
389	performance measures used to justify state spending on each of
390	its activities, services, and programs.
391	(16)  The effect of federal intervention or loss of federal
392	funds if the agency is abolished.
393	(17)  Whether any advisory committee or any other part of
394	the agency exercises its powers and duties independently of the
395	direct supervision of the agency head in violation of s. 6, Art.
396	IV of the State Constitution.
397	21.012  Recommendations.--In its report on a state agency,
398	the committee shall:
399	(1)  Make recommendations on the abolition, continuation,
400	or reorganization of each affected state agency and its advisory
401	committees and on the need for the performance of the functions
402	of the agency and its advisory committees.
403	(2)  Make recommendations on the consolidation, transfer,
404	or reorganization of programs within state agencies not under
405	review when the programs duplicate functions performed in
406	agencies under review.
407	(3)  Recommend appropriation levels for each state agency
408	and advisory committee for which abolition or reorganization is
409	recommended under subsection (1) or subsection (2).
410	(4)  Include drafts of legislation necessary to carry out
411	the committee's recommendations under subsection (1) or
412	subsection (2).
413	21.0125  Review of certain agencies.--In the year preceding
414	the date scheduled for the abolition of a state agency and its
415	advisory committees under this chapter, the committee may
416	recommend exempting certain agencies from the requirements of
417	this chapter relating to staff reports, hearings, and
418	evaluations.
419	21.0126  Monitoring of recommendations.--During each
420	legislative session, the staff of the committee shall monitor
421	legislation affecting agencies that have undergone review under
422	this chapter and shall periodically report to the members of the
423	committee on proposed changes that would modify prior
424	recommendations of the committee.
425	21.013  Abolition of advisory committees.--An advisory
426	committee is abolished on the date set for abolition of the
427	agency unless the advisory committee is expressly continued by
428	law.
429	21.015  Continuation by law.--
430	(1)  During the regular session immediately before a state
431	agency and its advisory committees are scheduled to be
432	abolished, the Legislature, by law, may continue the agency or
433	any of its advisory committees for a period not to exceed 8
434	years.
435	(2)  This chapter does not prohibit the Legislature from:
436	(a)  Abolishing a state agency or advisory committee on a
437	date earlier than that scheduled in this chapter; or
438	(b)  Considering any other legislation relative to a state
439	agency or advisory committee scheduled to be abolished under
440	this chapter.
441	21.016  Legislative consideration.--
442	(1)  Except as provided by subsection (2), the Legislature
443	may not consider in one bill the continuation, transfer, or
444	modification of more than one state agency and the agency's
445	functions and advisory committees.
446	(2)  If more than one agency, advisory committee, or
447	function is to be consolidated, the Legislature may consider in
448	one bill only the agencies or advisory committees to be
449	consolidated.
450	(3)  A bill to continue a state agency, to transfer its
451	functions, or to consolidate it with another agency must mention
452	the affected agencies in the title of the bill.
453	21.017  Procedure after termination.--
454	(1)  A state agency that is abolished may continue in
455	existence until July 1 of the following year to conclude its
456	business. Unless the law provides otherwise, abolition does not
457	reduce or otherwise limit the powers and authority of the state
458	agency during the concluding year. A state agency is terminated
459	and shall cease all activities at the expiration of the 1-year
460	period. Unless the law provides otherwise, all rules that have
461	been adopted by the state agency expire at the expiration of the
462	1-year period.
463	(2)  Any unobligated and unexpended appropriations of an
464	abolished agency or advisory committee lapse on July 1 of the
465	year following abolition.
466	(3)  Except as provided by subsection (5) or as otherwise
467	provided by law, all money in a dedicated fund of an abolished
468	state agency or advisory committee on July 1 of the year
469	immediately following abolition is transferred to the General
470	Revenue Fund. The part of the law dedicating the money to a
471	specific fund of an abolished agency becomes void on July 1 of
472	the year immediately following abolition.
473	(4)  If not otherwise provided by law, property and records
474	in the custody of an abolished state agency or advisory
475	committee on July 1 of the year immediately following abolition
476	shall be transferred to the Department of Management Services.
477	(5)  The Legislature recognizes the state's continuing
478	obligation to pay bonded indebtedness and all other obligations,
479	including lease, contract, and other written obligations,
480	incurred by a state agency abolished under this chapter, and
481	this chapter does not impair or impede the payment of bonded
482	indebtedness and all other obligations, including lease,
483	contract, and other written obligations, in accordance with
484	their terms. If an abolished state agency has outstanding bonded
485	indebtedness or other outstanding obligations, including lease,
486	contract, and other written obligations, the bonds and all other
487	obligations, including lease, contract, and other written
488	obligations, remain valid and enforceable in accordance with
489	their terms and subject to all applicable terms and conditions
490	of the laws and proceedings authorizing the bonds and all other
491	obligations, including lease, contract, and other written
492	obligations. If not otherwise provided by law, the Department of
493	Management Services shall continue to carry out all covenants
494	contained in the bonds and in all other obligations, including
495	lease, contract, and other written obligations, and the
496	proceedings authorizing them, including the issuance of bonds,
497	and the performance of all other obligations, including lease,
498	contract, and other written obligations, to complete the
499	construction of projects or the performance of other
500	obligations, including lease, contract, and other written
501	obligations. The designated state agency shall provide payment
502	from the sources of payment of the bonds in accordance with the
503	terms of the bonds and shall provide payment from the sources of
504	payment of all other obligations, including lease, contract, and
505	other written obligations, in accordance with their terms,
506	whether from taxes, revenues, or otherwise, until the bonds and
507	interest on the bonds are paid in full and all other
508	obligations, including lease, contract, and other written
509	obligations, are performed and paid in full. If the proceedings
510	so provide, all funds established by laws or proceedings
511	authorizing the bonds or authorizing other obligations,
512	including lease, contract, and other written obligations, shall
513	remain with the Chief Financial Officer or the previously
514	designated trustees. If the proceedings do not provide that the
515	funds remain with the Chief Financial Officer or the previously
516	designated trustees, the funds shall be transferred to the
517	designated state agency.
518	21.018  Subpoena power.--
519	(1)  The President of the Senate or the Speaker of the
520	House of Representatives may issue process to compel the
521	attendance of witnesses and the production of books, records,
522	papers, and other objects necessary or proper for the purposes
523	of the committee proceedings. The process may be served on a
524	witness at any place in this state.
525	(2)  If a majority of the committee directs the issuance of
526	a subpoena, the chair shall request that the President of the
527	Senate or the Speaker of the House of Representatives issue the
528	subpoena.
529	(3)  Testimony taken under subpoena must be reduced to
530	writing and given under oath subject to the penalties of
531	perjury.
532	(4)  A witness who attends a committee proceeding under
533	process is entitled to the same mileage and per diem as a
534	witness who appears before a grand jury in this state.
535	21.019  Assistance of and access to state agencies.--
536	(1)  The committee may request the assistance of state
537	agencies and officers. When assistance is requested, a state
538	agency or officer shall assist the committee.
539	(2)  In carrying out its functions under this chapter, the
540	committee or its designated staff member may inspect the
541	records, documents, and files of any state agency.
542	21.0211  Saving provision.--Except as otherwise expressly
543	provided by law, abolition of a state agency does not affect
544	rights and duties that matured, penalties that were incurred,
545	civil or criminal liabilities that arose, or proceedings that
546	were begun before the effective date of the abolition.
547	21.022  Review of proposed legislation creating a new
548	agency or advisory committee.--
549	(1)  Each bill filed in the Senate or the House of
550	Representatives that would create a new state agency or a new
551	advisory committee to a state agency shall be forwarded by the
552	President of the Senate or the Speaker of the House of
553	Representatives, as applicable, to the committee.
554	(2)  The committee shall review the bill to determine
555	whether:
556	(a)  The proposed regulatory and other functions of the
557	state agency or advisory committee could be administered by one
558	or more existing state agencies or advisory committees;
559	(b)  The form of regulation, if any, proposed by the bill
560	is the least restrictive form of regulation that will adequately
561	protect the public;
562	(c)  The bill provides for adequate public input regarding
563	any regulatory function proposed by the bill; and
564	(d)  The bill provides for adequate protection against
565	conflicts of interest within the state agency or advisory
566	committee.
567	(3)  After reviewing the bill, the committee shall forward
568	a written comment concerning the legislation to the sponsor of
569	the bill and to the chair of the substantive legislative
570	committee to which the bill is referred, and implementation may
571	not take place until a recommendation is made.
572	Section 2.  Notwithstanding section 216.351, Florida
573	Statutes, subsection (4) of section 216.023, Florida Statutes,
574	is amended to read:
575	216.023  Legislative budget requests to be furnished to
576	Legislature by agencies.--
577	(4)(a)  The legislative budget request must contain for
578	each program:
579	1.  The constitutional or statutory authority for a
580	program, a brief purpose statement, and approved program
581	components.
582	2.  Information on expenditures for 3 fiscal years (actual
583	prior-year expenditures, current-year estimated expenditures,
584	and agency budget requested expenditures for the next fiscal
585	year) by appropriation category.
586	3.  Details on trust funds and fees.
587	4.  The total number of positions (authorized, fixed, and
588	requested).
589	5.  An issue narrative describing and justifying changes in
590	amounts and positions requested for current and proposed
591	programs for the next fiscal year.
592	6.  Information resource requests.
593	7.  Legislatively approved output and outcome performance
594	measures and any proposed revisions to measures. Each
595	performance measure must identify the associated activity
596	contributing to the measure from those identified in accordance
597	with paragraph (b).
598	8.  Proposed performance standards for each performance
599	measure and justification for the standards and the sources of
600	data to be used for measurement. Performance standards must
601	include standards for each affected activity and be expressed in
602	terms of the associated unit of activity.
603	9.  Prior-year performance data on approved performance
604	measures and an explanation of deviation from expected
605	performance. Performance data must be assessed for reliability
606	in accordance with s. 20.055.
607	10.  Proposed performance incentives and disincentives.
608	11.  Supporting information, including applicable cost-
609	benefit analyses, business case analyses, performance
610	contracting procedures, service comparisons, and impacts on
611	performance standards for any request to outsource or privatize
612	agency functions. The cost-benefit and business case analyses
613	must include an assessment of the impact on each affected
614	activity from those identified in accordance with paragraph (b).
615	Performance standards must include standards for each affected
616	activity and be expressed in terms of the associated unit of
617	activity.
618	12.  An evaluation of any major outsourcing and
619	privatization initiatives undertaken during the last 5 fiscal
620	years having aggregate expenditures exceeding $10 million during
621	the term of the contract. The evaluation shall include an
622	assessment of contractor performance, a comparison of
623	anticipated service levels to actual service levels, and a
624	comparison of estimated savings to actual savings achieved.
625	Consolidated reports issued by the Department of Management
626	Services may be used to satisfy this requirement.
627	(b)  It is the intent of the Legislature that total
628	accountability measures, including unit-cost data, serve not
629	only as a budgeting tool but also as a policymaking tool and an
630	accountability tool. Therefore, each state agency and the
631	judicial branch must submit a one-page summary of information
632	for the preceding year in accordance with the legislative budget
633	instructions. Each one-page summary must provide a one-page
634	overview and must contain:
635	1.  The final budget for the agency and the judicial
636	branch.
637	2.  Total funds from the General Appropriations Act.
638	3.  Adjustments to the General Appropriations Act.
639	4.  The line-item listings of all activities.
640	5.  The number of activity units performed or accomplished.
641	6.  Total expenditures for each activity, including amounts
642	paid to contractors and subordinate entities. Expenditures
643	related to administrative activities not aligned with output
644	measures must consistently be allocated to activities with
645	output measures prior to computing unit costs.
646	7.  The cost per unit for each activity, including the
647	costs allocated to contractors and subordinate entities.
648	8.  The total amount of reversions and pass-through
649	expenditures omitted from unit-cost calculations.
650
651	At the regular session immediately following the submission of
652	the agency unit cost summary, the Legislature shall reduce in
653	the General Appropriations Act for the ensuing fiscal year, by
654	an amount equal to at least 10 percent of the allocation for the
655	fiscal year preceding the current fiscal year, the funding of
656	each state agency that fails to submit the report required under
657	this paragraph.
658	Section 3.  To assist in the development of legislative
659	budget request instructions for agencies regarding the
660	computation of activity and unit cost information required to be
661	included in legislative budget requests under s. 216.023(4)(b),
662	Florida Statutes, a working group consisting of representatives
663	from the Executive Office of the Governor, the Office of Program
664	Policy Analysis and Government Accountability, the Auditor
665	General, the Department of Financial Services, and legislative
666	appropriations committees shall be created, effective July 1,
667	2006, to develop a cost-allocation methodology for agencies to
668	use in the computation of activity and unit costs. The cost-
669	allocation methodology shall be based on the standards and
670	guidelines identified in the Federal Office of Management and
671	Budget Circular A-87. In addition, this working group shall
672	produce procedures to ensure that the recommended cost-
673	allocation methodology produces auditable activity and unit cost
674	information that can be used to compare the performance of each
675	reported activity over time and of agencies and private entities
676	that perform similar activities. The working group shall submit
677	its recommendations, including the associated implementation and
678	operating costs, to the Governor, the President of the Senate,
679	and the Speaker of the House of Representatives by December 31,
680	2006.
681	Section 4.  This act shall take effect July 1, 2006.

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