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	prescribing required content for agency reports to the
12	committee; providing for review of agencies and their
13	advisory committees by the Office of Program Policy
14	Analysis and Government Accountability; prescribing duties
15	of the committee in reviewing reports, consulting with
16	other legislative entities, holding public hearings, and
17	making a report and recommendations to the legislative
18	leadership with respect to agencies scheduled for
19	abolition; providing for monitoring committee
20	recommendations; providing review criteria; specifying
21	recommendation options; authorizing exemption from certain
22	review for certain agencies; providing for continuation of
23	state agencies and their advisory committees by default
24	under certain circumstances; providing for continuation of
25	state agencies and their advisory committees, by law,
26	under certain circumstances; providing for legislative
27	consideration of proposals with respect to such
28	recommendations; providing procedures after termination;
29	providing for issuance of subpoenas; authorizing
30	reimbursement for travel and per diem for witnesses;
31	providing for assistance of and access to state agencies;
32	providing applicability with respect to certain rights,
33	penalties, liabilities, and proceedings; providing for
34	review of proposed legislation creating a new agency or
35	advisory committee; amending s. 216.023, F.S.; requiring
36	that performance measures and standards and outsourcing
37	cost-benefit and business case analyses identify impacts
38	on agency activities; creating a working group to develop
39	instructions for agencies regarding the computation of
40	activity and unit cost information required to be included
41	in legislative budget requests; providing an effective
42	date.
43
44	Be It Enacted by the Legislature of the State of Florida:
45
46	Section 1.  Chapter 21, Florida Statutes, consisting of
47	sections 21.001, 21.002, 21.003, 21.004, 21.005, 21.006, 21.007,
48	21.008, 21.009, 21.0111, 21.012, 21.0125, 21.013, 21.014,
49	21.015, 21.016, 21.017, 21.018, 21.019, 21.0211, and 21.022, is
50	created to read:
51	CHAPTER 21
52	GOVERNMENT ACCOUNTABILITY
53
54	21.001  Short title.--This chapter may be cited as the
55	"Florida Government Accountability Act."
56	21.002  Definitions.--As used in this chapter:
57	(1)  "State agency" or "agency" means a department as
58	defined in s. 20.03(2) or any other administrative unit of state
59	government scheduled for termination and prior review under this
60	chapter.
61	(2)  "Advisory committee" means any examining and licensing
62	board, council, advisory council, committee, task force,
63	coordinating council, commission, or board of trustees as
64	defined in s. 20.03(3), (7), (8), (9), (10), or (12) or any
65	group, by whatever name, created to provide advice or
66	recommendations to one or more agencies, departments, divisions,
67	bureaus, boards, sections, or other units or entities of state
68	government.
69	(3)  "Committee" means the Legislative Sunset Advisory
70	Committee.
71	21.003  Legislative Sunset Advisory Committee.--
72	(1)  The Legislative Sunset Advisory Committee is created
73	and shall consist of five members of the Senate and one public
74	member appointed by the President of the Senate and five members
75	of the House of Representatives and one public member appointed
76	by the Speaker of the House of Representatives. Each appointing
77	authority may designate himself or herself as one of the
78	legislative appointees.
79	(2)  An individual is not eligible for appointment as a
80	public member if the individual or the individual's spouse is:
81	(a)  Regulated by a state agency that the committee will
82	review during the term for which the individual would serve; or
83	(b)  Employed by, participates in the management of, or
84	directly or indirectly has more than a 10-percent interest in a
85	business entity or other organization regulated by a state
86	agency the committee will review during the term for which the
87	individual would serve.
88	(3)  It is a ground for removal of a public member from the
89	committee if the member does not have the qualifications
90	required by subsection (2) for appointment to the committee at
91	the time of appointment or does not maintain the qualifications
92	while serving on the committee. The validity of the committee's
93	action is not affected by the fact that it was taken when a
94	ground for removal of a public member from the committee
95	existed.
96	(4)  Legislative and public members shall serve terms of 2
97	years. A public member may not serve more than two consecutive
98	2-year terms; and, for purposes of this prohibition, a member is
99	considered to have served a term only if the member has served
100	more than half of the term.
101	(5)  Initial appointments shall be made not later than
102	November 30, 2006, and subsequent appointments shall be made not
103	later than January 15 of the year following each organization
104	session of the Legislature.
105	(6)  If a legislative member ceases to be a member of the
106	house from which he or she was appointed, the member vacates his
107	or her membership on the committee.
108	(7)  If a vacancy occurs, the appropriate appointing
109	authority shall appoint a person to serve for the remainder of
110	the unexpired term in the same manner as the original
111	appointment.
112	(8)  The committee shall have a chair and vice chair as
113	presiding officers. The chair and vice chair must alternate each
114	year between the two membership groups appointed by the
115	President of the Senate and the Speaker of the House of
116	Representatives. The chair and vice chair may not be from the
117	same membership group. The President of the Senate shall
118	designate a presiding officer from his appointed membership
119	group who shall preside as chair during the odd-numbered year
120	and as vice chair during the even-numbered year, and the Speaker
121	of the House of Representatives shall designate the other
122	presiding officer from his appointed membership group who shall
123	preside as chair during the even-numbered year and as vice chair
124	during the odd-numbered year.
125	(9)  Seven members of the committee constitute a quorum. A
126	final action or recommendation may not be made unless approved
127	by a recorded vote of a majority of the committee's full
128	membership.
129	(10)  Each member of the committee is entitled to
130	reimbursement for actual and necessary expenses incurred in
131	performing committee duties. Each legislative member is entitled
132	to reimbursement from the appropriate fund of the member's
133	respective house. Each public member is entitled to
134	reimbursement from funds appropriated for use by the committee.
135	21.004  Staff.--The Senate and the House of Representatives
136	may each employ staff to work for the chair and vice chair of
137	the committee on matters related to committee activities. The
138	Auditor General and the Office of Program Policy Analysis and
139	Government Accountability shall assist the committee in
140	conducting its review under s. 21.0111.
141	21.005  Schedule for abolishing state agencies and advisory
142	committees.--The following state agencies, including their
143	advisory committees, or the following advisory committees of
144	agencies are abolished according to the following schedule:
145	(1)  Abolished July 1, 2008:
146	(a)  Advisory committees for the Fish and Wildlife
147	Conservation Commission.
148	(b)  Department of Agriculture and Consumer Services.
149	(c)  Department of Citrus, including the Citrus Commission.
150	(d)  Department of Environmental Protection.
151	(e)  Department of Highway Safety and Motor Vehicles.
152	(f)  Water management districts.
153	(2)  Abolished July 1, 2009:
154	(a)  Department of Children and Family Services.
155	(b)  Department of Community Affairs.
156	(c)  Department of Management Services.
157	(d)  Department of State.
158	(3)  Abolished July 1, 2010:
159	(a)  Advisory committees for the Florida Community College
160	System.
161	(b)  Advisory committees for the State University System.
162	(c)  Agency for Workforce Innovation.
163	(d)  Department of Education.
164	(e)  Department of the Lottery.
165	(4)  Abolished July 1, 2011:
166	(a)  Agency for Health Care Administration.
167	(b)  Agency for Persons with Disabilities.
168	(c)  Department of Elderly Affairs.
169	(d)  Department of Health.
170	(5)  Abolished July 1, 2012:
171	(a)  Department of Business and Professional Regulation.
172	(b)  Department of Transportation.
173	(c)  Department of Veterans' Affairs.
174	(6)  Abolished July 1, 2013:
175	(a)  Advisory committees for the State Board of
176	Administration.
177	(b)  Department of Financial Services, including the
178	Financial Services Commission.
179	(c)  Department of Revenue.
180	(7)  Abolished July 1, 2014:
181	(a)  Department of Corrections.
182	(b)  Department of Juvenile Justice.
183	(c)  Department of Law Enforcement.
184	(d)  Department of Legal Affairs.
185	(e)  Justice Administrative Commission.
186	(f)  Parole Commission.
187	(8)  Abolished July 1, 2015:
188	(a)  Executive Office of the Governor.
189	(b)  Florida Public Service Commission.
190
191	The President of the Senate and the Speaker of the House of
192	Representatives may alter this schedule by transferring agencies
193	between review years.
194	21.006  Agency report to committee.--Not later than January
195	1 of the year preceding the year in which a state agency and its
196	advisory committees are scheduled to be abolished, the agency
197	shall provide the committee with a report that includes:
198	(1)  A list of all agency programs and activities as
199	defined in s. 216.011.
200	(2)  The performance measures for each program and activity
201	as provided in s. 216.011 and 3 years of data for each measure
202	that provides actual results for the immediately preceding 2
203	years and projected results for the current fiscal year.
204	(3)  The agency's success in meeting its legislative
205	performance standards for each program and activity and an
206	explanation of factors that have contributed to its success or
207	failure to achieve the legislative standards.
208	(4)  The promptness and effectiveness with which the agency
209	disposes of complaints concerning persons affected by the
210	agency.
211	(5)  The extent to which the agency has encouraged
212	participation by the public in making its rules and decisions as
213	opposed to participation solely by those it regulates and the
214	extent to which public participation has resulted in rules
215	compatible with the objectives of the agency.
216	(6)  The extent to which the agency has complied with
217	applicable requirements of:
218	(a)  State and federal provisions relating to equality of
219	employment opportunity and the rights and privacy of
220	individuals.
221	(b)  State law and applicable rules regarding purchasing
222	goals and programs for historically underutilized businesses.
223	(7)  A statement of the objectives intended for each
224	program and activity, the problem or need that the program and
225	activity were intended to address, and the extent to which these
226	objectives have been achieved.
227	(8)  An assessment of the extent to which the jurisdiction
228	of the agency and its programs and activities overlap or
229	duplicate those of other agencies and the extent to which the
230	programs and activities can be consolidated with those of other
231	agencies.
232	(9)  An assessment of less restrictive or alternative
233	methods of providing services for which the agency is
234	responsible that would reduce costs or improve performance while
235	adequately protecting the public.
236	(10)  An assessment of the extent to which the agency has
237	corrected deficiencies and implemented recommendations contained
238	in reports of the Auditor General, the Office of Program Policy
239	Analysis and Government Accountability, legislative interim
240	studies, and federal audit entities.
241	(11)  The extent to which the agency adopts and enforces
242	rules relating to potential conflicts of interest of its
243	employees.
244	(12)  The extent to which the agency complies with public
245	records and public meetings requirements under chapters 119 and
246	286 and s. 24, Art. I of the State Constitution and follows
247	records management practices that enable the agency to respond
248	efficiently to requests for public information.
249	(13)  The extent to which alternative program delivery
250	options, such as privatization, have been considered to reduce
251	costs or improve services to citizens.
252	(14)  Recommendations to the Legislature for statutory or
253	budgetary changes that would improve program operations, reduce
254	costs, or reduce duplication.
255	(15)  The effect of federal intervention or loss of federal
256	funds if the agency, program, or activity is abolished.
257	(16)  A list of all advisory committees, including those
258	established in statute and those established by agency
259	initiation; their purpose, activities, membership, and related
260	expenses; the extent to which their purposes have been achieved;
261	and the rationale for continuing or eliminating each advisory
262	committee.
263	(17)  Other information deemed necessary by the committee.
264
265	Information and data reported by the agency shall be validated
266	by its inspector general before submission to the committee.
267	21.007  Legislative review.--Upon receipt of an agency
268	report pursuant to s. 21.006, the Office of Program Policy
269	Analysis and Government Accountability shall conduct a program
270	evaluation and justification review, as defined in s. 11.513, of
271	the agency and its advisory committees. The review shall be
272	comprehensive in its scope and consider the information provided
273	by the agency report in addition to information deemed necessary
274	by the office and the Legislative Sunset Advisory Committee. The
275	Office of Program Policy Analysis and Government Accountability
276	shall submit its report to the Legislative Sunset Advisory
277	Committee and to the President of the Senate and the Speaker of
278	the House of Representatives by October 31 of the year in which
279	the agency submits its report. The Office of Program Policy
280	Analysis and Government Accountability shall include in its
281	report recommendations for consideration by the Legislative
282	Sunset Advisory Committee.
283	21.008  Committee duties.--No later than March 1 of the
284	year in which a state agency or its advisory committees are
285	scheduled to be abolished, the committee shall:
286	(1)  Review the information submitted by the agency and the
287	report of the Office of Program Policy Analysis and Government
288	Accountability.
289	(2)  Consult with the Legislative Budget Commission,
290	relevant substantive and appropriations committees of the Senate
291	and the House of Representatives, the Governor's Office of
292	Policy and Budgeting, the Auditor General, and the Chief
293	Financial Officer, or their successors, on the application to
294	the agency and its advisory committees of the criteria provided
295	in s. 21.0111.
296	(3)  Hold public hearings to consider this information as
297	well as other information and testimony that the committee deems
298	necessary.
299	(4)  Present to the President of the Senate, the Speaker of
300	the House of Representatives, and the Governor a report on the
301	agencies and advisory committees scheduled to be abolished that
302	year. In the report, the committee shall include its specific
303	findings and recommendations regarding each of the criteria
304	prescribed by s. 21.0111 and shall also:
305	(a)  Make recommendations on the abolition, continuation,
306	or reorganization of each affected state agency and its advisory
307	committees and on the need for the performance of the functions
308	of the agency and its advisory committees.
309	(b)  Make recommendations on the consolidation, transfer,
310	privatization, or reorganization of programs within state
311	agencies not under review when the programs duplicate functions
312	performed in agencies under review.
313	(c)  Recommend appropriation levels for each state agency
314	and advisory committee for which abolition or reorganization is
315	recommended.
316	(d)  Include drafts of legislation necessary to carry out
317	the committee's recommendations.
318	21.009  Monitoring of recommendations.--During each
319	legislative session, staff of the committee shall monitor
320	legislation affecting agencies that have undergone review under
321	this chapter and shall periodically report to members of the
322	committee on proposed changes that would modify recommendations
323	of the committee. Staff shall also present a report to the
324	committee at the close of each legislative session on the
325	adoption of committee recommendations by the Legislature.
326	21.0111  Criteria for review.--The committee shall consider
327	the following criteria in determining whether a public need
328	exists for the continuation of a state agency or its advisory
329	committees or for the performance of the functions of the agency
330	or its advisory committees:
331	(1)  Agency compliance with the accountability measures, as
332	analyzed by the Auditor General, the Office of Program Policy
333	Analysis and Government Accountability, and the Office of Policy
334	and Budget within the Executive Office of the Governor, pursuant
335	to s. 216.023(4) and (5).
336	(2)  The efficiency with which the agency or advisory
337	committee operates.
338	(3)  The objectives of the agency or advisory committee and
339	the problem or need that the agency or advisory committee is
340	intended to address, the extent to which the objectives have
341	been achieved, and any activities of the agency in addition to
342	those granted by statute and the authority for these activities.
343	(4)  An assessment of less restrictive or alternative
344	methods of providing any regulatory function for which the
345	agency is responsible while adequately protecting the public.
346	(5)  The extent to which the advisory committee is needed
347	and is used.
348	(6)  The extent to which the jurisdiction of the agency and
349	the programs administered by the agency overlap or duplicate
350	those of other agencies and the extent to which the programs
351	administered by the agency can be consolidated with the programs
352	of other state agencies.
353	(7)  Whether the agency has recommended to the Legislature
354	statutory changes calculated to be of benefit to the public
355	rather than to an occupation, business, or institution that the
356	agency regulates.
357	(8)  The promptness and effectiveness with which the agency
358	disposes of complaints concerning persons affected by the
359	agency.
360	(9)  The extent to which the agency has encouraged
361	participation by the public in making its rules and decisions as
362	opposed to participation solely by those it regulates and the
363	extent to which the public participation has resulted in rules
364	compatible with the objectives of the agency.
365	(10)  The extent to which the agency has complied with
366	applicable requirements of:
367	(a)  An agency of the Federal Government or of this state
368	regarding equality of employment opportunity and the rights and
369	privacy of individuals.
370	(b)  State law and applicable rules of any state agency
371	regarding purchasing goals and programs for historically
372	underutilized businesses.
373	(11)  The extent to which changes are necessary in the
374	enabling statutes of the agency so that the agency can
375	adequately comply with the criteria listed in this section.
376	(12)  The extent to which the agency adopts and enforces
377	rules relating to potential conflicts of interest of its
378	employees.
379	(13)  The extent to which the agency complies with public
380	records and public meetings requirements under chapters 119 and
381	287 and s. 24, Art. I of the State Constitution and follows
382	records management practices that enable the agency to respond
383	efficiently to requests for public information.
384	(14)  The extent to which the agency complies with
385	requirements for maintaining transparency in its budget reports.
386	(15)  The extent to which the agency accurately reports
387	performance measures used to justify state spending on each of
388	its activities, services, and programs.
389	(16)  The effect of federal intervention or loss of federal
390	funds if the agency is abolished.
391	(17)  Whether any advisory committee or any other part of
392	the agency exercises its powers and duties independently of the
393	direct supervision of the agency head in violation of s. 6, Art.
394	IV of the State Constitution.
395	21.012  Recommendations.--In its report on a state agency,
396	the committee shall:
397	(1)  Make recommendations on the abolition, continuation,
398	or reorganization of each affected state agency and its advisory
399	committees and on the need for the performance of the functions
400	of the agency and its advisory committees.
401	(2)  Make recommendations on the consolidation, transfer,
402	or reorganization of programs within state agencies not under
403	review when the programs duplicate functions performed in
404	agencies under review.
405	(3)  Recommend appropriation levels for each state agency
406	and advisory committee for which abolition or reorganization is
407	recommended under subsection (1) or subsection (2).
408	(4)  Include drafts of legislation necessary to carry out
409	the committee's recommendations under subsection (1) or
410	subsection (2).
411	21.0125  Review of certain agencies.--In the year preceding
412	the date scheduled for the abolition of a state agency and its
413	advisory committees under this chapter, the committee may
414	recommend exempting certain agencies from the requirements of
415	this chapter relating to staff reports, hearings, and
416	evaluations.
417	21.013  Abolition of advisory committees.--An advisory
418	committee is abolished on the date set for abolition of the
419	agency unless the advisory committee is expressly continued by
420	law.
421	21.014  Continuation by default.--If legislation regarding
422	the continuation, reorganization, consolidation, or abolition of
423	a state agency and its advisory committees fails to become law
424	in the year in which a state agency and its advisory committees
425	are scheduled to be abolished, the agency shall be continued for
426	a period of 12 months.
427	21.015  Continuation by law.--
428	(1)  During the regular session immediately before a state
429	agency and its advisory committees are scheduled to be
430	abolished, the Legislature, by law, may continue the agency or
431	any of its advisory committees for a period not to exceed 8
432	years.
433	(2)  This chapter does not prohibit the Legislature from:
434	(a)  Abolishing a state agency or advisory committee on a
435	date earlier than that scheduled in this chapter; or
436	(b)  Considering any other legislation relative to a state
437	agency or advisory committee scheduled to be abolished under
438	this chapter.
439	21.016  Legislative consideration.--
440	(1)  Except as provided by subsection (2), the Legislature
441	may not consider in one bill the continuation, transfer, or
442	modification of more than one state agency and the agency's
443	functions and advisory committees.
444	(2)  If more than one agency, advisory committee, or
445	function is to be consolidated, the Legislature may consider in
446	one bill only the agencies or advisory committees to be
447	consolidated.
448	(3)  A bill to continue a state agency, to transfer its
449	functions, or to consolidate it with another agency must mention
450	the affected agencies in the title of the bill.
451	21.017  Procedure after termination.--
452	(1)  A state agency that is abolished may continue in
453	existence until July 1 of the following year to conclude its
454	business. Unless the law provides otherwise, abolition does not
455	reduce or otherwise limit the powers and authority of the state
456	agency during the concluding year. A state agency is terminated
457	and shall cease all activities at the expiration of the 1-year
458	period. Unless the law provides otherwise, all rules that have
459	been adopted by the state agency expire at the expiration of the
460	1-year period.
461	(2)  Any unobligated and unexpended appropriations of an
462	abolished agency or advisory committee lapse on July 1 of the
463	year following abolition.
464	(3)  Except as provided by subsection (5) or as otherwise
465	provided by law, all money in a dedicated fund of an abolished
466	state agency or advisory committee on July 1 of the year
467	immediately following abolition is transferred to the General
468	Revenue Fund. The part of the law dedicating the money to a
469	specific fund of an abolished agency becomes void on July 1 of
470	the year immediately following abolition.
471	(4)  If not otherwise provided by law, property and records
472	in the custody of an abolished state agency or advisory
473	committee on July 1 of the year immediately following abolition
474	shall be transferred to the Department of Management Services.
475	(5)  The Legislature recognizes the state's continuing
476	obligation to pay bonded indebtedness and all other obligations,
477	including lease, contract, and other written obligations,
478	incurred by a state agency abolished under this chapter, and
479	this chapter does not impair or impede the payment of bonded
480	indebtedness and all other obligations, including lease,
481	contract, and other written obligations, in accordance with
482	their terms. If an abolished state agency has outstanding bonded
483	indebtedness or other outstanding obligations, including lease,
484	contract, and other written obligations, the bonds and all other
485	obligations, including lease, contract, and other written
486	obligations, remain valid and enforceable in accordance with
487	their terms and subject to all applicable terms and conditions
488	of the laws and proceedings authorizing the bonds and all other
489	obligations, including lease, contract, and other written
490	obligations. If not otherwise provided by law, the Department of
491	Management Services shall continue to carry out all covenants
492	contained in the bonds and in all other obligations, including
493	lease, contract, and other written obligations, and the
494	proceedings authorizing them, including the issuance of bonds,
495	and the performance of all other obligations, including lease,
496	contract, and other written obligations, to complete the
497	construction of projects or the performance of other
498	obligations, including lease, contract, and other written
499	obligations. The designated state agency shall provide payment
500	from the sources of payment of the bonds in accordance with the
501	terms of the bonds and shall provide payment from the sources of
502	payment of all other obligations, including lease, contract, and
503	other written obligations, in accordance with their terms,
504	whether from taxes, revenues, or otherwise, until the bonds and
505	interest on the bonds are paid in full and all other
506	obligations, including lease, contract, and other written
507	obligations, are performed and paid in full. If the proceedings
508	so provide, all funds established by laws or proceedings
509	authorizing the bonds or authorizing other obligations,
510	including lease, contract, and other written obligations, shall
511	remain with the Chief Financial Officer or the previously
512	designated trustees. If the proceedings do not provide that the
513	funds remain with the Chief Financial Officer or the previously
514	designated trustees, the funds shall be transferred to the
515	designated state agency.
516	21.018  Subpoena power.--
517	(1)  The President of the Senate or the Speaker of the
518	House of Representatives may issue process to compel the
519	attendance of witnesses and the production of books, records,
520	papers, and other objects necessary or proper for the purposes
521	of the committee proceedings. The process may be served on a
522	witness at any place in this state.
523	(2)  If a majority of the committee directs the issuance of
524	a subpoena, the chair shall request that the President of the
525	Senate or the Speaker of the House of Representatives issue the
526	subpoena.
527	(3)  Testimony taken under subpoena must be reduced to
528	writing and given under oath subject to the penalties of
529	perjury.
530	(4)  A witness who attends a committee proceeding under
531	process is entitled to the same mileage and per diem as a
532	witness who appears before a grand jury in this state.
533	21.019  Assistance of and access to state agencies.--
534	(1)  The committee may request the assistance of state
535	agencies and officers. When assistance is requested, a state
536	agency or officer shall assist the committee.
537	(2)  In carrying out its functions under this chapter, the
538	committee or its designated staff member may inspect the
539	records, documents, and files of any state agency.
540	21.0211  Saving provision.--Except as otherwise expressly
541	provided by law, abolition of a state agency does not affect
542	rights and duties that matured, penalties that were incurred,
543	civil or criminal liabilities that arose, or proceedings that
544	were begun before the effective date of the abolition.
545	21.022  Review of proposed legislation creating a new
546	agency or advisory committee.--
547	(1)  Each bill filed in the Senate or the House of
548	Representatives that would create a new state agency or a new
549	advisory committee to a state agency shall be forwarded by the
550	President of the Senate or the Speaker of the House of
551	Representatives, as applicable, to the committee.
552	(2)  The committee shall review the bill to determine
553	whether:
554	(a)  The proposed regulatory and other functions of the
555	state agency or advisory committee could be administered by one
556	or more existing state agencies or advisory committees;
557	(b)  The form of regulation, if any, proposed by the bill
558	is the least restrictive form of regulation that will adequately
559	protect the public;
560	(c)  The bill provides for adequate public input regarding
561	any regulatory function proposed by the bill; and
562	(d)  The bill provides for adequate protection against
563	conflicts of interest within the state agency or advisory
564	committee.
565	(3)  After reviewing the bill, the committee shall forward
566	a written comment concerning the legislation to the sponsor of
567	the bill and to the chair of the substantive legislative
568	committee to which the bill is referred, and implementation may
569	not take place until a recommendation is made.
570	Section 2.  Notwithstanding section 216.351, Florida
571	Statutes, subsection (4) of section 216.023, Florida Statutes,
572	is amended to read:
573	216.023  Legislative budget requests to be furnished to
574	Legislature by agencies.--
575	(4)(a)  The legislative budget request must contain for
576	each program:
577	1.  The constitutional or statutory authority for a
578	program, a brief purpose statement, and approved program
579	components.
580	2.  Information on expenditures for 3 fiscal years (actual
581	prior-year expenditures, current-year estimated expenditures,
582	and agency budget requested expenditures for the next fiscal
583	year) by appropriation category.
584	3.  Details on trust funds and fees.
585	4.  The total number of positions (authorized, fixed, and
586	requested).
587	5.  An issue narrative describing and justifying changes in
588	amounts and positions requested for current and proposed
589	programs for the next fiscal year.
590	6.  Information resource requests.
591	7.  Legislatively approved output and outcome performance
592	measures and any proposed revisions to measures. Each
593	performance measure must identify the associated activity
594	contributing to the measure from those identified in accordance
595	with paragraph (b).
596	8.  Proposed performance standards for each performance
597	measure and justification for the standards and the sources of
598	data to be used for measurement. Performance standards must
599	include standards for each affected activity and be expressed in
600	terms of the associated unit of activity.
601	9.  Prior-year performance data on approved performance
602	measures and an explanation of deviation from expected
603	performance. Performance data must be assessed for reliability
604	in accordance with s. 20.055.
605	10.  Proposed performance incentives and disincentives.
606	11.  Supporting information, including applicable cost-
607	benefit analyses, business case analyses, performance
608	contracting procedures, service comparisons, and impacts on
609	performance standards for any request to outsource or privatize
610	agency functions. The cost-benefit and business case analyses
611	must include an assessment of the impact on each affected
612	activity from those identified in accordance with paragraph (b).
613	Performance standards must include standards for each affected
614	activity and be expressed in terms of the associated unit of
615	activity.
616	12.  An evaluation of any major outsourcing and
617	privatization initiatives undertaken during the last 5 fiscal
618	years having aggregate expenditures exceeding $10 million during
619	the term of the contract. The evaluation shall include an
620	assessment of contractor performance, a comparison of
621	anticipated service levels to actual service levels, and a
622	comparison of estimated savings to actual savings achieved.
623	Consolidated reports issued by the Department of Management
624	Services may be used to satisfy this requirement.
625	(b)  It is the intent of the Legislature that total
626	accountability measures, including unit-cost data, serve not
627	only as a budgeting tool but also as a policymaking tool and an
628	accountability tool. Therefore, each state agency and the
629	judicial branch must submit a one-page summary of information
630	for the preceding year in accordance with the legislative budget
631	instructions. Each one-page summary must provide a one-page
632	overview and must contain:
633	1.  The final budget for the agency and the judicial
634	branch.
635	2.  Total funds from the General Appropriations Act.
636	3.  Adjustments to the General Appropriations Act.
637	4.  The line-item listings of all activities.
638	5.  The number of activity units performed or accomplished.
639	6.  Total expenditures for each activity, including amounts
640	paid to contractors and subordinate entities. Expenditures
641	related to administrative activities not aligned with output
642	measures must consistently be allocated to activities with
643	output measures prior to computing unit costs.
644	7.  The cost per unit for each activity, including the
645	costs allocated to contractors and subordinate entities.
646	8.  The total amount of reversions and pass-through
647	expenditures omitted from unit-cost calculations.
648
649	At the regular session immediately following the submission of
650	the agency unit cost summary, the Legislature shall reduce in
651	the General Appropriations Act for the ensuing fiscal year, by
652	an amount equal to at least 10 percent of the allocation for the
653	fiscal year preceding the current fiscal year, the funding of
654	each state agency that fails to submit the report required under
655	this paragraph.
656	Section 3.  To assist in the development of legislative
657	budget request instructions for agencies regarding the
658	computation of activity and unit cost information required to be
659	included in legislative budget requests under s. 216.023(4)(b),
660	Florida Statutes, a working group consisting of representatives
661	from the Executive Office of the Governor, the Office of Program
662	Policy Analysis and Government Accountability, the Auditor
663	General, the Department of Financial Services, and legislative
664	appropriations committees shall be created, effective July 1,
665	2006, to develop a cost-allocation methodology for agencies to
666	use in the computation of activity and unit costs. The cost-
667	allocation methodology shall be based on the standards and
668	guidelines identified in the Federal Office of Management and
669	Budget Circular A-87. In addition, this working group shall
670	produce procedures to ensure that the recommended cost-
671	allocation methodology produces auditable activity and unit cost
672	information that can be used to compare the performance of each
673	reported activity over time and of agencies and private entities
674	that perform similar activities. The working group shall submit
675	its recommendations, including the associated implementation and
676	operating costs, to the Governor, the President of the Senate,
677	and the Speaker of the House of Representatives by December 31,
678	2006.
679	Section 4.  This act shall take effect July 1, 2006.

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