Senate Bill sb1678c2

    Florida Senate - 2006                    CS for CS for SB 1678

    By the Committees on Governmental Oversight and Productivity;
    and Government Efficiency Appropriations




    585-1994-06

  1                      A bill to be entitled

  2         An act relating to governmental operations;

  3         creating s. 216.0236, F.S.; providing

  4         legislative intent that the fees charged by

  5         state agencies for providing a regulatory

  6         service or regulating a profession or business

  7         cover the costs of the regulatory service or

  8         oversight; requiring that each state agency

  9         review its fees; providing criteria for the

10         review; requiring that each agency, as part of

11         its legislative budget request, provide to the

12         Governor and Legislature information regarding

13         alternatives for realigning revenues or costs

14         to make a regulatory service or program

15         self-sufficient or provide justification for a

16         subsidy from other state funds; requiring

17         legislative review of all regulatory fee

18         structures at least once every 5 years;

19         providing an effective date.

20  

21  Be It Enacted by the Legislature of the State of Florida:

22  

23         Section 1.  Section 216.0236, Florida Statutes, is

24  created to read:

25         216.0236  Agency fees for regulatory services or

26  oversight; criteria.--

27         (1)  It is the intent of the Legislature that all costs

28  of providing a regulatory service or regulating a profession

29  or business be borne solely by those who receive the service

30  or who are subject to regulation. It is also the intent of the

31  Legislature that the fees charged for providing a regulatory

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    Florida Senate - 2006                    CS for CS for SB 1678
    585-1994-06




 1  service or regulating a profession or business be reasonable

 2  and take into account the differences between the types of

 3  professions or businesses being regulated. Moreover, it is the

 4  intent of the Legislature that state agencies operate as

 5  efficiently as possible and regularly report to the

 6  Legislature additional methods by which to streamline their

 7  operational costs.

 8         (2)  In accordance with the instructions for

 9  legislative budget requests, each state agency shall examine

10  the fees it charges for providing regulatory services and

11  oversight to businesses or professions. The annual examination

12  shall determine whether operational efficiencies can be

13  achieved in the underlying program, whether the regulatory

14  activity is an appropriate function that the agency should

15  continue at its current level, and whether the fees charged

16  for each regulatory program are:

17         (a)  Based on revenue projections that are prepared

18  using generally accepted governmental accounting procedures or

19  official estimates by the Revenue Estimating Conference, if

20  applicable;

21         (b)  Adequate to cover both the direct and indirect

22  costs of providing the regulatory service or oversight; and

23         (c)  Reasonable and take into account differences

24  between the types of professions or businesses that are

25  regulated.

26         (3)  If the agency determines that the fees charged for

27  regulatory services or oversight to businesses or professions

28  are not adequate to cover program costs and that an

29  appropriation from other state funds is necessary to

30  supplement the direct or indirect costs of providing a

31  regulatory service or regulating a program, the agency shall

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    Florida Senate - 2006                    CS for CS for SB 1678
    585-1994-06




 1  present to the Governor and the Legislature as part of its

 2  legislative budget request information regarding alternatives

 3  for realigning revenues or costs to make the regulatory

 4  service or program totally self-sufficient or shall

 5  demonstrate that the service or program provides substantial

 6  benefits to the public which justify a partial subsidy from

 7  other state funds. The Legislature shall review the

 8  alternatives during the next regular session.

 9         (4)  The Legislature shall review the regulatory fee

10  structure for all businesses and professions at least once

11  every 5 years. The schedule for such review may be included in

12  the legislative budget instructions developed pursuant to the

13  requirements of s. 216.023.

14         Section 2.  This act shall take effect July 1, 2006.

15  

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                            CS/SB 1678

18                                 

19  Clarifies scope of requirement that each agency examine the
    fees it charges for providing regulatory services and
20  oversight by expressly stating that the requirement applies to
    services and oversight to businesses and professions.
21  
    Clarifies that agencies present as part of legislative budget
22  request information regarding alternatives for realigning
    revenues or costs.
23  
    Provides that the Legislature is to review the regulatory fee
24  structure for all businesses and professions at least once
    every 5 years. The schedule for review may be included in the
25  legislative budget instructions developed pursuant to s.
    216.023, F.S.
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