| 1 | A bill to be entitled |
| 2 | An act relating to government accountability; creating s. |
| 3 | 11.901, F.S., the Florida Government Accountability Act; |
| 4 | creating s. 11.902, F.S.; providing definitions; creating |
| 5 | s. 11.903, F.S.; authorizing the Legislature to create one |
| 6 | or more Legislative Sunset Advisory Committees; providing |
| 7 | for appointment, qualifications, and terms of committee |
| 8 | members; providing for organization and procedure; |
| 9 | creating s. 11.904, F.S.; providing for the employment of |
| 10 | staff; creating s. 11.905, F.S.; providing a schedule for |
| 11 | abolishing state agencies and advisory committees; |
| 12 | creating s. 11.9055, F.S.; providing for the abolition of |
| 13 | state agencies under certain circumstances; requiring |
| 14 | legislative findings; providing requirements for certain |
| 15 | legislative budget requests; creating s. 11.906, F.S.; |
| 16 | prescribing required content for agency reports to the |
| 17 | committee; amending s. 11.907, F.S.; providing for review |
| 18 | of agencies and their advisory committees by the Office of |
| 19 | Program Policy Analysis and Government Accountability; |
| 20 | creating s. 11.908, F.S.; prescribing duties of the |
| 21 | committee in reviewing reports, consulting with other |
| 22 | legislative entities, holding public hearings, and making |
| 23 | a report and recommendations to the legislative leadership |
| 24 | with respect to agencies scheduled for abolition; creating |
| 25 | s. 11.910, F.S.; providing review criteria; creating s. |
| 26 | 11.911, F.S.; specifying recommendation options; creating |
| 27 | s. 11.917, F.S.; providing procedures after termination; |
| 28 | providing for issuance of subpoenas; creating s. 11.919, |
| 29 | F.S.; providing for assistance of and access to state |
| 30 | agencies; creating s. 11.920, F.S.; providing |
| 31 | applicability with respect to certain rights, penalties, |
| 32 | liabilities, and proceedings; amending s. 216.013, F.S.; |
| 33 | providing requirements with respect to performance |
| 34 | measures and standards identified as part of long-range |
| 35 | program plans; amending s. 216.023, F.S.; requiring that |
| 36 | performance measures and standards and outsourcing cost- |
| 37 | benefit and business case analyses identify impacts on |
| 38 | 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 appropriations; |
| 42 | providing an effective date. |
| 43 |
|
| 44 | Be It Enacted by the Legislature of the State of Florida: |
| 45 |
|
| 46 | Section 1. Section 11.901, Florida Statutes, is created to |
| 47 | read: |
| 48 | 11.901 Short title.--Sections 11.901-11.920 may be cited |
| 49 | as the "Florida Government Accountability Act." |
| 50 | Section 2. Section 11.902, Florida Statutes, is created to |
| 51 | read: |
| 52 | 11.902 Definitions.--As used in ss. 11.901-11.920, the |
| 53 | term: |
| 54 | (1) "State agency" or "agency" means a department as |
| 55 | defined in s. 20.03(2) or any other administrative unit of state |
| 56 | government scheduled for termination and prior review under this |
| 57 | chapter. |
| 58 | (2) "Advisory committee" means any examining and licensing |
| 59 | board, council, advisory council, committee, task force, |
| 60 | coordinating council, commission, or board of trustees as |
| 61 | defined in s. 20.03(3), (7), (8), (9), (10), or (12) or any |
| 62 | group, by whatever name, created to provide advice or |
| 63 | recommendations to one or more agencies, departments, divisions, |
| 64 | bureaus, boards, sections, or other units or entities of state |
| 65 | government. |
| 66 | (3) "Committee" means any Legislative Sunset Advisory |
| 67 | Committee appointed pursuant to s. 11.903. |
| 68 | Section 3. Section 11.903, Florida Statutes, is created to |
| 69 | read: |
| 70 | 11.903 Legislative Sunset Advisory Committees.-- |
| 71 | (1) The Senate and House of Representatives may, pursuant |
| 72 | to the rules of each house, appoint one or more standing or |
| 73 | select committees as a Legislative Sunset Advisory Committee to |
| 74 | advise the Legislature regarding the agency sunsets required by |
| 75 | ss. 11.901-11.920. |
| 76 | (2) The Senate and House of Representatives may, pursuant |
| 77 | to the joint rules of both houses, appoint one or more joint |
| 78 | committees as a Legislative Sunset Advisory Committee to advise |
| 79 | the Legislature regarding the agency sunsets required by ss. |
| 80 | 11.901-11.920. |
| 81 | (3) Members shall serve terms of 2 years. |
| 82 | (4) Initial appointments shall be made not later than |
| 83 | November 30, 2006, and subsequent appointments shall be made not |
| 84 | later than January 15 of the year following each organization |
| 85 | session of the Legislature. |
| 86 | (5) If a legislative member ceases to be a member of the |
| 87 | house from which he or she was appointed, the member vacates his |
| 88 | or her membership on the committee. |
| 89 | Section 4. Section 11.904, Florida Statutes, is created to |
| 90 | read: |
| 91 | 11.904 Staff.--The Senate and the House of Representatives |
| 92 | may each employ staff to work for the chair and vice chair of |
| 93 | the committee on matters related to committee activities. The |
| 94 | Auditor General and the Office of Program Policy Analysis and |
| 95 | Government Accountability shall assist the committee in |
| 96 | conducting its review under s. 11.910. |
| 97 | Section 5. Section 11.905, Florida Statutes, is created to |
| 98 | read: |
| 99 | 11.905 Schedule for reviewing state agencies and advisory |
| 100 | committees.--The following state agencies, including their |
| 101 | advisory committees, or the following advisory committees of |
| 102 | agencies shall be reviewed according to the following schedule: |
| 103 | (1) Reviewed July 1, 2008: |
| 104 | (a) Statutorily created responsibilities of the Fish and |
| 105 | Wildlife Conservation Commission. |
| 106 | (b) Department of Agriculture and Consumer Services. |
| 107 | (c) Department of Citrus, including the Citrus Commission. |
| 108 | (d) Department of Environmental Protection. |
| 109 | (e) Department of Highway Safety and Motor Vehicles. |
| 110 | (f) Water management districts. |
| 111 | (2) Reviewed July 1, 2009: |
| 112 | (a) Department of Children and Family Services. |
| 113 | (b) Department of Community Affairs. |
| 114 | (c) Department of Management Services. |
| 115 | (d) Department of State. |
| 116 | (3) Reviewed July 1, 2010: |
| 117 | (a) Advisory committees for the Florida Community College |
| 118 | System. |
| 119 | (b) Advisory committees for the State University System. |
| 120 | (c) Agency for Workforce Innovation. |
| 121 | (d) Department of Education. |
| 122 | (e) Department of the Lottery. |
| 123 | (4) Reviewed July 1, 2011: |
| 124 | (a) Agency for Health Care Administration. |
| 125 | (b) Agency for Persons with Disabilities. |
| 126 | (c) Department of Elderly Affairs. |
| 127 | (d) Department of Health. |
| 128 | (5) Reviewed July 1, 2012: |
| 129 | (a) Department of Business and Professional Regulation. |
| 130 | (b) Department of Transportation. |
| 131 | (c) Department of Veterans' Affairs. |
| 132 | (6) Reviewed July 1, 2013: |
| 133 | (a) Advisory committees for the State Board of |
| 134 | Administration. |
| 135 | (b) Department of Financial Services, including the |
| 136 | Financial Services Commission. |
| 137 | (c) Department of Revenue. |
| 138 | (7) Reviewed July 1, 2014: |
| 139 | (a) Department of Corrections. |
| 140 | (b) Department of Juvenile Justice. |
| 141 | (c) Department of Law Enforcement. |
| 142 | (d) Department of Legal Affairs. |
| 143 | (e) Justice Administrative Commission. |
| 144 | (f) Parole Commission. |
| 145 | (8) Reviewed July 1, 2015: |
| 146 | (a) Executive Office of the Governor. |
| 147 | (b) Florida Public Service Commission. |
| 148 | Section 6. Section 11.9055, Florida Statutes, is amended |
| 149 | to read: |
| 150 | Section 11.9055 Abolition of state agencies and advisory |
| 151 | committees.-- |
| 152 | (1) An agency subject to review by the Legislative |
| 153 | Committee on Sunset Review shall be abolished on June 30 |
| 154 | following the date of review specified in s.11.905, unless the |
| 155 | Legislature continues the agency or advisory committee; however, |
| 156 | an agency may not be abolished unless the Legislature finds, |
| 157 | pursuant to law, that all state laws the agency had |
| 158 | responsibility to implement or enforce have been repealed, |
| 159 | revised, or reassigned to another remaining agency and that |
| 160 | adequate provision has been made for the transfer to a successor |
| 161 | agency of all duties and obligations relating to bonds, loans, |
| 162 | promissory notes, lease purchase agreements, installment sales |
| 163 | contracts, certificates of participation, master equipment |
| 164 | financing agreements, or any other form of indebtedness such |
| 165 | that security therefor and the rights of bondholders or holders |
| 166 | of other indebtedness are not impaired. |
| 167 | (2) If the Legislature does not take action before the |
| 168 | date of review to continue the agency or advisory committee, the |
| 169 | agency shall submit its legislative budget request consistent |
| 170 | with recommendations of the appropriate Legislative Committee on |
| 171 | Sunset Review or any law transferring the agency's functions to |
| 172 | other entities. |
| 173 | Section 7. Section 11.906, Florida Statutes, is created to |
| 174 | read: |
| 175 | 11.906 Agency report to committee.--Not later than January |
| 176 | 1 of the year preceding the year in which a state agency and its |
| 177 | advisory committees are scheduled to be reviewed, the agency |
| 178 | shall provide the committee with a report that includes: |
| 179 | (1) The performance measures for each program and activity |
| 180 | as provided in s. 216.011 and 3 years of data for each measure |
| 181 | that provides actual results for the immediately preceding 2 |
| 182 | years and projected results for the current fiscal year. |
| 183 | (2) An explanation of factors that have contributed to any |
| 184 | failure to achieve the legislative standards. |
| 185 | (3) The promptness and effectiveness with which the agency |
| 186 | disposes of complaints concerning persons affected by the |
| 187 | agency. |
| 188 | (4) The extent to which the agency has encouraged |
| 189 | participation by the public in making its rules and decisions as |
| 190 | opposed to participation solely by those it regulates and the |
| 191 | extent to which public participation has resulted in rules |
| 192 | compatible with the objectives of the agency. |
| 193 | (5) The extent to which the agency has complied with |
| 194 | applicable requirements of state law and applicable rules |
| 195 | regarding purchasing goals and programs for historically |
| 196 | underutilized businesses. |
| 197 | (6) A statement of any statutory objectives intended for |
| 198 | each program and activity, the problem or need that the program |
| 199 | and activity were intended to address, and the extent to which |
| 200 | these objectives have been achieved. |
| 201 | (7) An assessment of the extent to which the jurisdiction |
| 202 | of the agency and its programs overlap or duplicate those of |
| 203 | other agencies and the extent to which the programs can be |
| 204 | consolidated with those of other agencies. |
| 205 | (8) An assessment of less restrictive or alternative |
| 206 | methods of providing services for which the agency is |
| 207 | responsible which would reduce costs or improve performance |
| 208 | while adequately protecting the public. |
| 209 | (9) An assessment of the extent to which the agency has |
| 210 | corrected deficiencies and implemented recommendations contained |
| 211 | in reports of the Auditor General, the Office of Program Policy |
| 212 | Analysis and Government Accountability, legislative interim |
| 213 | studies, and federal audit entities. |
| 214 | (10) The extent to which the agency enforces laws relating |
| 215 | to potential conflicts of interest of its employees. |
| 216 | (11) The extent to which the agency complies with public |
| 217 | records and public meetings requirements under chapters 119 and |
| 218 | 286 and s. 24, Art. I of the State Constitution. |
| 219 | (12) The extent to which alternative program-delivery |
| 220 | options, such as privatization or insourcing, have been |
| 221 | considered to reduce costs or improve services to state |
| 222 | residents. |
| 223 | (13) Recommendations to the committee for statutory or |
| 224 | budgetary changes that would improve program operations, reduce |
| 225 | costs, or reduce duplication. |
| 226 | (14) The effect of federal intervention or loss of federal |
| 227 | funds if the agency, program, or activity is abolished. |
| 228 | (15) A list of all advisory committees, including those |
| 229 | established in statute and those established by managerial |
| 230 | initiative; their purpose, activities, composition, and related |
| 231 | expenses; the extent to which their purposes have been achieved; |
| 232 | and the rationale for continuing or eliminating each advisory |
| 233 | committee. |
| 234 | (16) Agency programs or functions that are performed |
| 235 | without specific statutory authority. |
| 236 | (17) Other information requested by the committee. |
| 237 |
|
| 238 | Information and data reported by the agency shall be validated |
| 239 | by its agency head and inspector general before submission to |
| 240 | the committee. |
| 241 | Section 8. Section 11.907, Florida Statutes, is created to |
| 242 | read: |
| 243 | 11.907 Legislative review.--Upon receipt of an agency |
| 244 | report pursuant to s. 11.906, the Office of Program Policy |
| 245 | Analysis and Government Accountability shall conduct a program |
| 246 | evaluation and justification review, as defined in s. 11.513, of |
| 247 | the agency and its advisory committees. The review shall be |
| 248 | comprehensive in its scope and consider the information provided |
| 249 | by the agency report in addition to information deemed necessary |
| 250 | by the office and the Legislative Sunset Advisory Committee. The |
| 251 | Office of Program Policy Analysis and Government Accountability |
| 252 | shall submit its report to the committee and to the President of |
| 253 | the Senate and the Speaker of the House of Representatives by |
| 254 | October 31 of the year in which the agency submits its report. |
| 255 | The Office of Program Policy Analysis and Government |
| 256 | Accountability shall include in its report recommendations for |
| 257 | consideration by the committee. |
| 258 | Section 9. Section 11.908, Florida Statutes, is created to |
| 259 | read: |
| 260 | 11.908 Committee duties.--No later than March 1 of the |
| 261 | year in which a state agency or its advisory committees are |
| 262 | scheduled to be reviewed, the committee shall: |
| 263 | (1) Review the information submitted by the agency and the |
| 264 | report of the Office of Program Policy Analysis and Government |
| 265 | Accountability. |
| 266 | (2) Consult with the Legislative Budget Commission, |
| 267 | relevant substantive and appropriations committees of the Senate |
| 268 | and the House of Representatives, the Governor's Office of |
| 269 | Policy and Budgeting, the Auditor General, and the Chief |
| 270 | Financial Officer, or their successors, on the application to |
| 271 | the agency and its advisory committees of the criteria provided |
| 272 | in s. 11.910. |
| 273 | (3) Hold public hearings to consider this information as |
| 274 | well as other information and testimony that the committee deems |
| 275 | necessary. |
| 276 | (4) Present to the President of the Senate and the Speaker |
| 277 | of the House of Representatives a report on the agencies and |
| 278 | advisory committees scheduled to be reviewed that year by the |
| 279 | committee. In the report, the committee shall include its |
| 280 | specific findings and recommendations regarding each of the |
| 281 | criteria prescribed by s. 11.910 and shall also make |
| 282 | recommendations as described in s. 11.911. |
| 283 | Section 10. Section 11.910, Florida Statutes, is created |
| 284 | to read: |
| 285 | 11.910 Criteria for review.--The committee shall consider |
| 286 | the following criteria in determining whether a public need |
| 287 | exists for the continuation of a state agency or its advisory |
| 288 | committees or for the performance of the functions of the agency |
| 289 | or its advisory committees: |
| 290 | (1) Agency compliance with the accountability measures, as |
| 291 | analyzed by the Auditor General, the Office of Program Policy |
| 292 | Analysis and Government Accountability, and the Office of Policy |
| 293 | and Budget within the Executive Office of the Governor, pursuant |
| 294 | to ss. 216.013 and 216.023(4) and (5). |
| 295 | (2) The efficiency with which the agency or advisory |
| 296 | committee operates. |
| 297 | (3) The statutory objectives of the agency or advisory |
| 298 | committee and the problem or need that the agency or advisory |
| 299 | committee is intended to address, the extent to which the |
| 300 | objectives have been achieved, and any activities of the agency |
| 301 | in addition to those granted by statute and the authority for |
| 302 | these activities. |
| 303 | (4) An assessment of less restrictive or alternative |
| 304 | methods of providing any regulatory function for which the |
| 305 | agency is responsible while adequately protecting the public. |
| 306 | (5) The extent to which the advisory committee is needed |
| 307 | and is used. |
| 308 | (6) The extent to which the jurisdiction of the agency and |
| 309 | the programs administered by the agency overlap or duplicate |
| 310 | those of other agencies and the extent to which the programs |
| 311 | administered by the agency can be consolidated with the programs |
| 312 | of other state agencies. |
| 313 | (7) Whether the agency has recommended to the Legislature |
| 314 | statutory changes calculated to be of benefit to the public |
| 315 | rather than to an occupation, business, or institution that the |
| 316 | agency regulates. |
| 317 | (8) The promptness and effectiveness with which the agency |
| 318 | disposes of complaints concerning persons affected by the |
| 319 | agency. |
| 320 | (9) The extent to which the agency has encouraged |
| 321 | participation by the public in making its rules and decisions as |
| 322 | opposed to participation solely by those it regulates and the |
| 323 | extent to which the public participation has resulted in rules |
| 324 | compatible with the objectives of the agency. |
| 325 | (10) The extent to which the agency has complied with |
| 326 | applicable requirements of state law and applicable rules of any |
| 327 | state agency regarding purchasing goals and programs for |
| 328 | historically underutilized businesses. |
| 329 | (11) The extent to which changes are necessary in the |
| 330 | enabling statutes of the agency so that the agency can |
| 331 | adequately comply with the criteria listed in this section. |
| 332 | (12) The extent to which the agency adopts and enforces |
| 333 | rules relating to potential conflicts of interest of its |
| 334 | employees. |
| 335 | (13) The extent to which the agency complies with public |
| 336 | records and public meetings requirements under chapters 119 and |
| 337 | 287 and s. 24, Art. I of the State Constitution and follows |
| 338 | records management practices that enable the agency to respond |
| 339 | efficiently to requests for public information. |
| 340 | (14) The extent to which the agency accurately reports |
| 341 | performance measures used to justify state spending on each of |
| 342 | its activities, services, and programs. |
| 343 | (15) The effect of federal intervention or loss of federal |
| 344 | funds if the agency is abolished. |
| 345 | (16) Whether any advisory committee or any other part of |
| 346 | the agency exercises its powers and duties independently of the |
| 347 | direct supervision of the agency head in violation of s. 6, Art. |
| 348 | IV of the State Constitution. |
| 349 | Section 11. Section 11.911, Florida Statutes, is created |
| 350 | to read: |
| 351 | 11.911 Recommendations.--In its report on a state agency, |
| 352 | the committee shall: |
| 353 | (1) Make recommendations on the abolition, continuation, |
| 354 | or reorganization of each state agency and its advisory |
| 355 | committees and on the need for the performance of the functions |
| 356 | of the agency and its advisory committees. |
| 357 | (2) Make recommendations on the consolidation, transfer, |
| 358 | or reorganization of programs within state agencies not under |
| 359 | review when the programs duplicate functions performed in |
| 360 | agencies under review. |
| 361 | (3) Include drafts of legislation necessary to carry out |
| 362 | the committee's recommendations under subsection (1) or |
| 363 | subsection (2). |
| 364 | Section 12. Section 11.917, Florida Statutes, is created |
| 365 | to read: |
| 366 | 11.917 Procedure after termination.-- |
| 367 | (1) Any unobligated and unexpended appropriations of an |
| 368 | abolished agency or advisory committee shall revert on the date |
| 369 | of abolition. |
| 370 | (2) Except as provided in subsection (4) or as otherwise |
| 371 | provided by law, all money in a trust fund of an abolished state |
| 372 | agency or advisory committee is transferred to the General |
| 373 | Revenue Fund. Any provision of law dedicating the money to a |
| 374 | trust fund of an abolished agency becomes void on the date of |
| 375 | abolition. |
| 376 | (3)(a) If not otherwise provided by law, property in the |
| 377 | custody of an abolished state agency or advisory committee shall |
| 378 | be transferred to the Department of Management Services. |
| 379 | (b) If not otherwise provided by law, records in the |
| 380 | custody of an abolished state agency or advisory committee shall |
| 381 | be transferred to the Department of State. |
| 382 | (4) The Legislature recognizes the state's continuing |
| 383 | obligation to pay bonds and all other financial obligations, |
| 384 | including contracts, loans, promissory notes, lease purchase |
| 385 | agreements, certificates of participation, installment sales |
| 386 | contracts, master equipment financing agreements, and any other |
| 387 | form of indebtedness, incurred by the state or any state agency |
| 388 | or public entity abolished under ss. 11.910-11.920, and ss. |
| 389 | 11.910-ll.920 do not impair or impede the payment of bonds and |
| 390 | other financial obligations, or any other covenant contained in |
| 391 | the legal documents authorizing the issuance of debt or the |
| 392 | execution of any other financial obligation in accordance with |
| 393 | their terms. If the state or an abolished state agency has |
| 394 | outstanding bonds or other outstanding financial obligations, |
| 395 | the bonds and all other financial obligations remain valid and |
| 396 | enforceable in accordance with their terms and subject to all |
| 397 | applicable terms and requirements contained in the legal |
| 398 | documents authorizing the issuance of debt or the execution of |
| 399 | any other financial obligation. If not otherwise provided by |
| 400 | law, the Division of Bond Finance of the State Board of |
| 401 | Administration shall carry out all covenants contained in the |
| 402 | bonds and in the resolutions authorizing the issuance of bonds, |
| 403 | and perform all obligations required thereby. The state or a |
| 404 | designated state agency shall provide for the payment of the |
| 405 | bonds and all other financial obligations from the sources of |
| 406 | payment specified in the resolution or legal documents |
| 407 | authorizing the issuance or execution thereof in accordance with |
| 408 | the terms of the bonds or other financial obligations, whether |
| 409 | from taxes, specified revenues, or otherwise, until the bonds |
| 410 | and interest on the bonds are paid in full and all other |
| 411 | financial obligations are performed and paid in full. All funds |
| 412 | or accounts established by laws or legal documents authorizing |
| 413 | the issuance of bonds, or the execution of other financial |
| 414 | obligations, shall remain with the previously designated party, |
| 415 | agency, or trustee. Any funds or accounts held by an abolished |
| 416 | state agency shall be transferred to a designated successor |
| 417 | agency or trustee in compliance with the resolution or legal |
| 418 | documents applicable to the outstanding bonds or other financial |
| 419 | obligations. |
| 420 | Section 13. Section 11.918, Florida Statutes, is created |
| 421 | to read: |
| 422 | 11.918 Subpoena power.--Any Legislative Sunset Advisory |
| 423 | Committee may take under investigation any matter within the |
| 424 | scope of a sunset review either completed or then being |
| 425 | conducted by the committee, and, in connection with such |
| 426 | investigation, may exercise the powers of subpoena by law vested |
| 427 | in a standing committee of the Legislature pursuant to s. |
| 428 | 11.143. |
| 429 | Section 14. Section 11.919, Florida Statutes, is created |
| 430 | to read: |
| 431 | 11.919 Assistance of and access to state agencies.-- |
| 432 | (1) The committee may request the assistance of state |
| 433 | agencies and officers. When assistance is requested, a state |
| 434 | agency or officer shall assist the committee. |
| 435 | (2) In carrying out its functions under ss. 11.901-11.920, |
| 436 | the committee or its designated staff member may inspect the |
| 437 | records, documents, and files of any state agency. |
| 438 | Section 15. Section 11.920, Florida Statutes, is created |
| 439 | to read: |
| 440 | 11.920 Saving provision.--Except as otherwise expressly |
| 441 | provided by law, abolition of a state agency does not affect |
| 442 | rights and duties that matured, penalties that were incurred, |
| 443 | civil or criminal liabilities that arose, or proceedings that |
| 444 | were begun before the abolition. |
| 445 | Section 16. Paragraphs (h), (i), (j), and (k) are added to |
| 446 | subsection (1) of section 216.013, Florida Statutes, and |
| 447 | subsection (5) of that section is amended, to read: |
| 448 | 216.013 Long-range program plan.--State agencies and the |
| 449 | judicial branch shall develop long-range program plans to |
| 450 | achieve state goals using an interagency planning process that |
| 451 | includes the development of integrated agency program service |
| 452 | outcomes. The plans shall be policy based, priority driven, |
| 453 | accountable, and developed through careful examination and |
| 454 | justification of all agency and judicial branch programs. |
| 455 | (1) Long-range program plans shall provide the framework |
| 456 | for the development of budget requests and shall identify or |
| 457 | update: |
| 458 | (h) Legislatively approved output and outcome performance |
| 459 | measures. Each performance measure must identify the associated |
| 460 | activity contributing to the measure from those identified in |
| 461 | accordance with s. 216.023(4)(b). |
| 462 | (i) Performance standards for each performance measure and |
| 463 | justification for the standards and the sources of data to be |
| 464 | used for measurement. Performance standards must include |
| 465 | standards for each affected activity and be expressed in terms |
| 466 | of the associated unit of activity. |
| 467 | (j) Prior-year performance data on approved performance |
| 468 | measures and an explanation of deviation from expected |
| 469 | performance. Performance data must be assessed for reliability |
| 470 | in accordance with s. 20.055. |
| 471 | (k) Proposed performance incentives and disincentives. |
| 472 | (5) Following the adoption of the annual General |
| 473 | Appropriations Act, The state agencies and the judicial branch |
| 474 | shall make appropriate adjustments to their long-range program |
| 475 | plans, excluding adjustments to performance measures and |
| 476 | standards, to be consistent with the appropriations and |
| 477 | performance measures in the General Appropriations Act and |
| 478 | legislation implementing the General Appropriations Act. |
| 479 | Agencies and the judicial branch have 30 days subsequent to the |
| 480 | effective date of the General Appropriations Act and |
| 481 | implementing legislation until June 30 to make adjustments to |
| 482 | their plans as posted on their Internet websites. |
| 483 | Section 17. Subsections (4) of section 216.023, Florida |
| 484 | Statutes, is amended to read: |
| 485 | 216.023 Legislative budget requests to be furnished to |
| 486 | Legislature by agencies.-- |
| 487 | (4)(a) The legislative budget request must contain for |
| 488 | each program: |
| 489 | 1. The constitutional or statutory authority for a |
| 490 | program, a brief purpose statement, and approved program |
| 491 | components. |
| 492 | 2. Information on expenditures for 3 fiscal years (actual |
| 493 | prior-year expenditures, current-year estimated expenditures, |
| 494 | and agency budget requested expenditures for the next fiscal |
| 495 | year) by appropriation category. |
| 496 | 3. Details on trust funds and fees. |
| 497 | 4. The total number of positions (authorized, fixed, and |
| 498 | requested). |
| 499 | 5. An issue narrative describing and justifying changes in |
| 500 | amounts and positions requested for current and proposed |
| 501 | programs for the next fiscal year. |
| 502 | 6. Information resource requests. |
| 503 | 7. Legislatively approved output and outcome performance |
| 504 | measures and any proposed revisions to measures. |
| 505 | 8. Proposed performance standards for each performance |
| 506 | measure and justification for the standards and the sources of |
| 507 | data to be used for measurement. |
| 508 | 9. Prior-year performance data on approved performance |
| 509 | measures and an explanation of deviation from expected |
| 510 | performance. Performance data must be assessed for reliability |
| 511 | in accordance with s. 20.055. |
| 512 | 10. Proposed performance incentives and disincentives. |
| 513 | 7.11. Supporting information, including applicable cost- |
| 514 | benefit analyses, business case analyses, performance |
| 515 | contracting procedures, service comparisons, and impacts on |
| 516 | performance standards for any request to outsource or privatize |
| 517 | agency functions. The cost-benefit and business case analyses |
| 518 | must include an assessment of the impact on each affected |
| 519 | activity from those identified in accordance with paragraph (b). |
| 520 | Performance standards must include standards for each affected |
| 521 | activity and be expressed in terms of the associated unit of |
| 522 | activity. |
| 523 | 8.12. An evaluation of any major outsourcing and |
| 524 | privatization initiatives undertaken during the last 5 fiscal |
| 525 | years having aggregate expenditures exceeding $10 million during |
| 526 | the term of the contract. The evaluation shall include an |
| 527 | assessment of contractor performance, a comparison of |
| 528 | anticipated service levels to actual service levels, and a |
| 529 | comparison of estimated savings to actual savings achieved. |
| 530 | Consolidated reports issued by the Department of Management |
| 531 | Services may be used to satisfy this requirement. |
| 532 | (b) It is the intent of the Legislature that total |
| 533 | accountability measures, including unit-cost data, serve not |
| 534 | only as a budgeting tool but also as a policymaking tool and an |
| 535 | accountability tool. Therefore, each state agency and the |
| 536 | judicial branch must submit a one-page summary of information |
| 537 | for the preceding year in accordance with the legislative budget |
| 538 | instructions. Each one-page summary must provide a one-page |
| 539 | overview and must contain: |
| 540 | 1. The final budget for the agency and the judicial |
| 541 | branch. |
| 542 | 2. Total funds from the General Appropriations Act. |
| 543 | 3. Adjustments to the General Appropriations Act. |
| 544 | 4. The line-item listings of all activities. |
| 545 | 5. The number of activity units performed or accomplished. |
| 546 | 6. Total expenditures for each activity, including amounts |
| 547 | paid to contractors and subordinate entities. Expenditures |
| 548 | related to administrative activities not aligned with output |
| 549 | measures must consistently be allocated to activities with |
| 550 | output measures prior to computing unit costs. |
| 551 | 7. The cost per unit for each activity, including the |
| 552 | costs allocated to contractors and subordinate entities. |
| 553 | 8. The total amount of reversions and pass-through |
| 554 | expenditures omitted from unit-cost calculations. |
| 555 |
|
| 556 | At the regular session immediately following the submission of |
| 557 | the agency unit cost summary, the Legislature shall reduce in |
| 558 | the General Appropriations Act for the ensuing fiscal year, by |
| 559 | an amount equal to at least 10 percent of the allocation for the |
| 560 | fiscal year preceding the current fiscal year, the funding of |
| 561 | each state agency that fails to submit the report required under |
| 562 | this paragraph. |
| 563 | Section 18. To assist in the development of legislative |
| 564 | budget request instructions for agencies regarding the |
| 565 | computation of activity and unit cost information required to be |
| 566 | included in legislative budget requests under s. 216.023(4)(b), |
| 567 | Florida Statutes, a working group consisting of representatives |
| 568 | from the Executive Office of the Governor, the Office of Program |
| 569 | Policy Analysis and Government Accountability, the Auditor |
| 570 | General, the Department of Financial Services, and legislative |
| 571 | appropriations committees shall be created, effective July 1, |
| 572 | 2006, to develop a cost-allocation methodology for agencies to |
| 573 | use in the computation of activity and unit costs. The working |
| 574 | group, in developing the cost-allocation methodology, shall |
| 575 | consider the standards and guidelines identified in the Federal |
| 576 | Office of Management and Budget Circular A-87. In addition, this |
| 577 | working group shall recommend procedures to ensure that the |
| 578 | recommended cost-allocation methodology produces auditable |
| 579 | activity and unit cost information that can be produced |
| 580 | currently by the state accounting system and that can be used to |
| 581 | compare the performance of each reported activity over time and |
| 582 | of agencies and private entities that perform similar |
| 583 | activities. The working group shall submit its recommendations, |
| 584 | including the associated implementation and operating costs, to |
| 585 | the Governor, the President of the Senate, and the Speaker of |
| 586 | the House of Representatives by December 31, 2006. |
| 587 | Section 19. The sum of $400,000 is appropriated from the |
| 588 | General Revenue Fund to the Office of Program Policy Analysis |
| 589 | and Government Accountability for the purpose of carrying out |
| 590 | the provisions of this act during the 2006-2007 fiscal year. |
| 591 | Section 20. For the purposes of carrying out the |
| 592 | provisions of this act during the 2006-2007 fiscal year, the sum |
| 593 | of $400,000 is appropriated from the General Revenue Fund and |
| 594 | five full-time equivalent positions and associated rate are |
| 595 | authorized in a lump-sum category in Administered Funds. |
| 596 | Section 21. This act shall take effect July 1, 2006. |