HB 7177

1	A bill to be entitled
2	An act relating to the Florida Government Accountability
3	Act; amending s. 11.902, F.S.; changing references of
4	committee to commission and renaming the "Legislative
5	Sunset Advisory Committee" as the "Legislative Sunset
6	Commission"; amending s. 11.903, F.S.; conforming
7	terminology; providing that each house may have one or
8	more Legislative Sunset Advisory Committees to advise it
9	regarding agency sunset reviews; requiring the appointment
10	of a joint Legislative Sunset Commission; providing for
11	commission membership; providing for appointments of co-
12	chairs; providing for terms; amending s. 11.904, F.S.;
13	providing for the employment of commission staff;
14	providing the role of the Office of Program Policy
15	Analysis and Government Accountability as it relates to
16	the commission; providing that the Auditor General shall,
17	upon request, assist the commission; conforming
18	terminology; amending s. 11.905, F.S.; revising the
19	schedule for reviewing state agencies and advisory
20	committees; providing that the legislative presiding
21	officers may change the review schedule; providing for
22	notice in case of a change of the review schedule;
23	amending s. 11.9055, F.S.; conforming terminology;
24	providing conditions for an agency subject to review to be
25	abolished; providing for continuance or reassignment of
26	outstanding responsibilities of abolished agency;
27	providing for continuation of sunset review under certain
28	circumstances; amending s. 11.906, F.S.; conforming
29	terminology; revising the timeframe for agency report
30	submission to the commission; revising information to be
31	provided in the report; providing for waiver of
32	requirements by the commission; amending s. 11.907, F.S.;
33	requiring the commission to conduct an independent review
34	of agencies; providing that the commission may direct the
35	Office of Program Policy Analysis and Government
36	Accountability to conduct reviews of state agencies and
37	their advisory committees; delineating requirements of
38	such reviews; providing for commission to set timeframe
39	for submission of reports on reviews; conforming
40	terminology; amending s. 11.908, F.S.; conforming
41	terminology; requiring the commission to review reports of
42	any independent reviews directed by the commission;
43	requiring the commission report to the presiding officers
44	to include proposed legislation deemed necessary by the
45	commission; amending s. 11.910, F.S.; revising criteria
46	requirements for review by the commission; conforming
47	terminology; amending s. 11.911, F.S.; conforming
48	terminology; requiring the commission's report on an
49	agency to propose legislation necessary to carry out its
50	recommendations; amending s. 11.918, F.S.; conforming
51	terminology; providing that the commission may exercise
52	the powers of subpoena by law and any other powers vested
53	in a standing committee of the Legislature; authorizing
54	the commission to access or request information; requiring
55	a state agency or officer to assist the commission when
56	requested; repealing s. 11.919, F.S., relating to
57	assistance of and access to state agencies; providing an
58	effective date.
59
60	Be It Enacted by the Legislature of the State of Florida:
61
62	Section 1.  Subsection (3) of section 11.902, Florida
63	Statutes, is amended to read:
64	11.902  Definitions.--As used in ss. 11.901-11.920, the
65	term:
66	(3)  "Commission" "Committee" means any Legislative Sunset
67	Commission Advisory Committee appointed pursuant to s. 11.903.
68	Section 2.  Section 11.903, Florida Statutes, is amended to
69	read:
70	11.903  Legislative Sunset Advisory Committees; Legislative
71	Sunset Commission.--
72	(1)  The Senate and House of Representatives may, pursuant
73	to the rules of each house, appoint one or more standing or
74	select committees as a Legislative Sunset Advisory Committee to
75	advise each house the Legislature regarding the agency sunsets
76	required by ss. 11.901-11.920.
77	(2)  The Senate and House of Representatives shall may,
78	pursuant to the joint rules of both houses, appoint one or more
79	joint committees as a joint Legislative Sunset Commission for
80	the purpose of implementing the review process for Advisory
81	Committee to advise the Legislature regarding the agency sunsets
82	required by ss. 11.901-11.920.
83	(a)  The Legislative Sunset Commission established under
84	this subsection shall be a joint committee composed of at least
85	10 members: five members of the Senate appointed by the
86	President of the Senate and five members of the House of
87	Representatives appointed by the Speaker of the House of
88	Representatives. At least three of each presiding officer's
89	appointments shall serve on committees or councils with
90	jurisdiction over the agencies undergoing review. The President
91	of the Senate and the Speaker of the House of Representatives
92	may appoint additional members from their respective chambers as
93	needed, as long as each house has equal representation.
94	(b)  The presiding officer of each house shall appoint a
95	chair who shall serve as co-chair of the commission established
96	under this subsection. Each co-chair shall serve at the pleasure
97	of the appointing presiding officer for a term of 2 years or
98	until the next general election. The co-chairs shall decide on a
99	method of dividing the primary responsibility for each agency
100	review under consideration.
101	(3)  Members shall serve at the pleasure of their
102	appointing presiding officer for a term terms of 2 years each or
103	until the next general election.
104	(4)  Initial appointments shall be made not later than
105	November 30, 2006, and subsequent appointments shall be made not
106	later than January 15 of the year following each organization
107	session of the Legislature.
108	(4)(5)  If a legislative member ceases to be a member of
109	the house from which he or she was appointed, the member vacates
110	his or her membership on the commission committee.
111	Section 3.  Section 11.904, Florida Statutes, is amended to
112	read:
113	11.904  Staff.--The Senate and the House of Representatives
114	may each employ staff to work for the chair and vice chair of
115	the commission committee on matters related to commission
116	committee activities. The Auditor General and the Office of
117	Program Policy Analysis and Government Accountability shall
118	provide primary research services as directed by the commission
119	and assist the commission committee in conducting its review
120	under s. 11.910. Upon request, the Auditor General shall assist
121	the commission.
122	Section 4.  Section 11.905, Florida Statutes, is amended to
123	read:
124	11.905  Schedule for reviewing state agencies and advisory
125	committees.--The following state agencies, including their
126	advisory committees, or the following advisory committees of
127	agencies shall be reviewed according to the following schedule:
128	(1)  Reviewed by July 1, 2008:
129	(a)  Statutorily created responsibilities of the Fish and
130	Wildlife Conservation Commission.
131	(b)  Department of Agriculture and Consumer Services.
132	(c)  Department of Citrus, including the Citrus Commission.
133	(d)  Department of Environmental Protection.
134	(e)  Department of Highway Safety and Motor Vehicles.
135	(f)  Water management districts.
136	(2)  Reviewed by July 1, 2010:
137	(a)  Department of Children and Family Services.
138	(b)  Agency for Persons with Disabilities.
139	(c)  Department of Elderly Affairs.
140	(d)  Agency for Health Care Administration.
141	(e)  Department of Health.
142	(f)  Department of Veterans' Affairs.
143	(3)  Reviewed by July 1, 2012:
144	(a)  Advisory committees for the Florida Community College
145	System.
146	(b)  Advisory committees for the State University System.
147	(c)  Agency for Workforce Innovation.
148	(d)  Department of Education.
149	(e)  Department of the Lottery.
150	(4)  Reviewed by July 1, 2014:
151	(a)  Department of Business and Professional Regulation.
152	(b)  Department of Management Services.
153	(c)  Department of State.
154	(d)  Department of Community Affairs.
155	(e)  Executive Office of the Governor.
156	(f)  Florida Public Service Commission.
157	(g)  Advisory committees for the State Board of
158	Administration.
159	(h)  Department of Financial Services, including the
160	Financial Services Commission.
161	(i)  Department of Revenue.
162	(5)  Reviewed by July 1, 2016:
163	(a)  Department of Corrections.
164	(b)  Department of Juvenile Justice.
165	(c)  Department of Law Enforcement.
166	(d)  Department of Legal Affairs.
167	(e)  Department of Military Affairs.
168	(f)  Department of Transportation.
169	(g)  Expressway authorities.
170	(h)  Justice Administrative Commission.
171	(i)  Parole Commission.
172	(j)  Judicial Qualifications Commission.
173	(6)  Reviewed by July 1, 2018:
174	(a)  Statutorily created responsibilities of the Fish and
175	Wildlife Conservation Commission.
176	(b)  Department of Agriculture and Consumer Services.
177	(c)  Department of Citrus, including the Citrus Commission.
178	(d)  Department of Environmental Protection.
179	(e)  Department of Highway Safety and Motor Vehicles.
180	(f)  Water management districts.
181	(g)  Department of Community Affairs.
182	(7)  Upon completion of this cycle, agencies shall again be
183	subject to sunset review 10 years after their initial review
184	unless the review schedule is changed by the President of the
185	Senate and the Speaker of the House of Representatives. Any
186	agency or advisory committee affected by a change in the review
187	schedule shall be provided a 3-month notice of such change in
188	order to provide sufficient time for information to be
189	submitted.
190	(2)  Reviewed July 1, 2009:
191	(a)  Department of Children and Family Services.
192	(b)  Department of Community Affairs.
193	(c)  Department of Management Services.
194	(d)  Department of State.
195	(3)  Reviewed July 1, 2010:
196	(a)  Advisory committees for the Florida Community College
197	System.
198	(b)  Advisory committees for the State University System.
199	(c)  Agency for Workforce Innovation.
200	(d)  Department of Education.
201	(e)  Department of the Lottery.
202	(4)  Reviewed July 1, 2011:
203	(a)  Agency for Health Care Administration.
204	(b)  Agency for Persons with Disabilities.
205	(c)  Department of Elderly Affairs.
206	(d)  Department of Health.
207	(5)  Reviewed July 1, 2012:
208	(a)  Department of Business and Professional Regulation.
209	(b)  Department of Transportation.
210	(c)  Department of Veterans' Affairs.
211	(6)  Reviewed July 1, 2013:
212	(a)  Advisory committees for the State Board of
213	Administration.
214	(b)  Department of Financial Services, including the
215	Financial Services Commission.
216	(c)  Department of Revenue.
217	(7)  Reviewed July 1, 2014:
218	(a)  Department of Corrections.
219	(b)  Department of Juvenile Justice.
220	(c)  Department of Law Enforcement.
221	(d)  Department of Legal Affairs.
222	(e)  Justice Administrative Commission.
223	(f)  Parole Commission.
224	(8)  Reviewed July 1, 2015:
225	(a)  Executive Office of the Governor.
226	(b)  Florida Public Service Commission.
227	Section 5.  Section 11.9055, Florida Statutes, is amended
228	to read:
229	11.9055  Abolition of state agencies and advisory
230	committees.--
231	(1)(a)  An agency subject to review by the Legislative
232	Sunset Commission Committee on Sunset Review shall be abolished
233	on June 30 following the date of review specified in s. 11.905,
234	unless, prior to such June 30, a law is enacted which continues
235	the agency; however, the agency may not be abolished unless a
236	law is enacted under which a substantial portion of the
237	responsibilities of the abolished agency are reassigned or
238	abolished and the Legislature continues the agency or advisory
239	committee; however, an agency may not be abolished unless the
240	Legislature finds, pursuant to law, that all state laws the
241	agency had responsibility to implement or enforce have been
242	repealed, revised, or reassigned to another remaining agency and
243	that adequate provision has been made for the transfer to a
244	successor agency of all duties and obligations relating to
245	bonds, loans, promissory notes, lease-purchase lease purchase
246	agreements, installment sales contracts, certificates of
247	participation, master equipment financing agreements, or any
248	other form of indebtedness such that security therefor and the
249	rights of bondholders or holders of other indebtedness are not
250	impaired.
251	(b)  All outstanding responsibilities of an abolished
252	agency to implement or enforce state laws shall be continued or
253	reassigned by the Governor by executive order within a
254	reasonable time unless and until such responsibilities are
255	continued or reassigned by general law. These responsibilities
256	include, but are not limited to, all duties and obligations
257	relating to bonds, loans, promissory notes, lease-purchase
258	agreements, installment sales contracts, certificates of
259	participation, master equipment financing agreements, or any
260	other form of indebtedness such that security therefor and the
261	rights of bondholders or holders of other indebtedness are not
262	impaired, unless and until such provision shall be made by
263	general law.
264	(2)  If the Legislature does not take action before the
265	date of review to continue the agency or advisory committee, the
266	agency shall submit its legislative budget request consistent
267	with recommendations of the appropriate Legislative Sunset
268	Commission Committee on Sunset Review or any law or executive
269	order transferring the agency's functions to other entities.
270	Such agency shall continue to be subject to sunset review by the
271	commission until the Legislature enacts legislation relating to
272	its continuation, modification, or termination.
273	Section 6.  Section 11.906, Florida Statutes, is amended to
274	read:
275	11.906  Agency report to commission committee.--Not later
276	than July 1st 2 years January 1 of the year preceding the year
277	in which a state agency and its advisory committees are
278	scheduled to be reviewed, the agency shall provide the
279	commission committee with a report that includes:
280	(1)  The performance measures for each program and activity
281	as provided in s. 216.011 and 3 years of data for each measure
282	that provides actual results for the immediately preceding 2
283	years and projected results for the current fiscal year that
284	begins in the year the agency report is submitted to the
285	commission.
286	(2)  An explanation of factors that have contributed to any
287	failure to achieve the legislative standards.
288	(3)  The process used by the agency to actively measure
289	quality and efficiency of services it provides to the public.
290	(4)(3)  The promptness and effectiveness with which the
291	agency disposes of complaints concerning persons affected by the
292	agency.
293	(5)(4)  The extent to which the agency has encouraged
294	participation by the public in making its rules and decisions as
295	opposed to participation solely by those it regulates and the
296	extent to which public participation has resulted in rules
297	compatible with the objectives of the agency.
298	(6)(5)  The extent to which the agency has complied with
299	applicable requirements of state law and applicable rules
300	regarding purchasing goals and programs for small and minority-
301	owned historically underutilized businesses.
302	(7)(6)  A statement of any statutory objectives intended
303	for each program and activity, the problem or need that the
304	program and activity were intended to address, and the extent to
305	which these objectives have been achieved.
306	(8)(7)  An assessment of the extent to which the
307	jurisdiction of the agency and its programs overlap or duplicate
308	those of other agencies and the extent to which the programs can
309	be consolidated with those of other agencies.
310	(9)(8)  An assessment of less restrictive or alternative
311	methods of providing services for which the agency is
312	responsible which would reduce costs or improve performance
313	while adequately protecting the public.
314	(10)(9)  An assessment of the extent to which the agency
315	has corrected deficiencies and implemented recommendations
316	contained in reports of the Auditor General, the Office of
317	Program Policy Analysis and Government Accountability,
318	legislative interim studies, and federal audit entities.
319	(10)  The extent to which the agency enforces laws relating
320	to potential conflicts of interest of its employees.
321	(11)  The extent to which the agency complies with public
322	records and public meetings requirements under chapters 119 and
323	286 and s. 24, Art. I of the State Constitution.
324	(12)  The extent to which alternative program delivery
325	options, such as privatization or outsourcing or insourcing,
326	have been considered to reduce costs or improve services to
327	state residents.
328	(13)  Recommendations to the commission committee for
329	statutory, or budgetary, or regulatory changes that would
330	improve quality and efficiency of services delivered to the
331	public program operations, reduce costs, or reduce duplication.
332	(14)  The effect of federal intervention or loss of federal
333	funds if the agency, program, or activity is abolished.
334	(15)  A list of all advisory committees, including those
335	established in statute and those established by managerial
336	initiative; their purpose, activities, composition, and related
337	expenses; the extent to which their purposes have been achieved;
338	and the rationale for continuing or eliminating each advisory
339	committee.
340	(16)  Agency programs or functions that are performed
341	without specific statutory authority.
342	(17)  Other information requested by the commission
343	committee.
344
345	Information and data reported by the agency shall be validated
346	by its agency head and inspector general before submission to
347	the commission. The commission may waive any of the requirements
348	of this section with respect to an agency under review
349	committee.
350	Section 7.  Section 11.907, Florida Statutes, is amended to
351	read:
352	11.907  Legislative review.--Upon receipt of an agency
353	report pursuant to s. 11.906, the commission shall conduct an
354	independent review of the agency, which may include directing
355	the Office of Program Policy Analysis and Government
356	Accountability to review shall conduct a program evaluation and
357	justification review, as defined in s. 11.513, of the agency and
358	its advisory committees, including an examination of the cost of
359	each agency; an evaluation of best practices and alternatives
360	that would result in the administration of the agency in a more
361	efficient or effective manner, including the viability of
362	privatization or a different state agency performing the
363	functions; and an evaluation of the costs and consequences of
364	discontinuing the agency. The reviews review shall be
365	comprehensive in their its scope and consider the information
366	provided by the agency report in addition to information deemed
367	necessary by the office and the Legislative Sunset Commission
368	Advisory Committee. Any reports prepared by the Office of
369	Program Policy Analysis and Government Accountability shall be
370	submitted submit its report to the commission committee and to
371	the President of the Senate and the Speaker of the House of
372	Representatives in a timeframe prescribed by the commission by
373	October 31 of the year in which the agency submits its report.
374	The Office of Program Policy Analysis and Government
375	Accountability shall include in its reports report
376	recommendations for consideration by the commission committee.
377	Section 8.  Section 11.908, Florida Statutes, is amended to
378	read:
379	11.908  Commission Committee duties.--No later than March 1
380	of the year in which a state agency or its advisory committees
381	are scheduled to be reviewed, the commission committee shall:
382	(1)  Review the information submitted by the agency and
383	reports of any independent reviews directed by the commission,
384	including those conducted by the report of the Office of Program
385	Policy Analysis and Government Accountability.
386	(2)  Consult with the Legislative Budget Commission,
387	relevant substantive and appropriations committees of the Senate
388	and the House of Representatives, the Governor's Office of
389	Policy and Budgeting, the Auditor General, and the Chief
390	Financial Officer, or their successors, on the application to
391	the agency and its advisory committees of the criteria provided
392	in s. 11.910.
393	(3)  Hold public hearings to consider this information as
394	well as other information and testimony that the commission
395	committee deems necessary.
396	(4)  Present to the President of the Senate and the Speaker
397	of the House of Representatives a report on the agencies and
398	advisory committees scheduled to be reviewed that year by the
399	commission committee. In the report, the commission committee
400	shall include its specific findings and recommendations
401	regarding each of the review criteria under prescribed by s.
402	11.910, and shall also make recommendations as described in s.
403	11.911, and propose legislation as deemed necessary.
404	Section 9.  Section 11.910, Florida Statutes, is amended to
405	read:
406	11.910  Criteria for review.--The commission may committee
407	shall consider information submitted pursuant to s. 11.906 as
408	well as any additional criteria it deems relevant the following
409	criteria in determining whether a public need exists for the
410	continuation of a state agency or its advisory committees or for
411	the performance of the functions of the agency or its advisory
412	committees, including, but not limited to, the following:
413	(1)  Agency compliance with the accountability measures, as
414	analyzed by the Auditor General, the Office of Program Policy
415	Analysis and Government Accountability, and the Office of Policy
416	and Budget within the Executive Office of the Governor, pursuant
417	to ss. 216.013 and 216.023(4) and (5).
418	(2)  The efficiency with which the agency or advisory
419	committee operates.
420	(3)  The statutory objectives of the agency or advisory
421	committee and the problem or need that the agency or advisory
422	committee is intended to address, the extent to which the
423	objectives have been achieved, and any activities of the agency
424	in addition to those granted by statute and the authority for
425	these activities.
426	(4)  An assessment of less restrictive or alternative
427	methods of providing any regulatory function for which the
428	agency is responsible while adequately protecting the public.
429	(5)  The extent to which the advisory committee is needed
430	and is used.
431	(6)  The extent to which the jurisdiction of the agency and
432	the programs administered by the agency overlap or duplicate
433	those of other agencies and the extent to which the programs
434	administered by the agency can be consolidated with the programs
435	of other state agencies.
436	(7)  Whether the agency has recommended to the Legislature
437	statutory changes calculated to be of benefit to the public
438	rather than to an occupation, business, or institution that the
439	agency regulates.
440	(8)  The promptness and effectiveness with which the agency
441	disposes of complaints concerning persons affected by the
442	agency.
443	(9)  The extent to which the agency has encouraged
444	participation by the public in making its rules and decisions as
445	opposed to participation solely by those it regulates and the
446	extent to which the public participation has resulted in rules
447	compatible with the objectives of the agency.
448	(10)  The extent to which the agency has complied with
449	applicable requirements of state law and applicable rules of any
450	state agency regarding purchasing goals and programs for small
451	and minority-owned historically underutilized businesses.
452	(11)  The extent to which changes are necessary in the
453	enabling statutes of the agency so that the agency can
454	adequately comply with the criteria listed in this section.
455	(12)  The extent to which the agency adopts and enforces
456	rules relating to potential conflicts of interest of its
457	employees.
458	(13)  The extent to which the agency complies with public
459	records and public meetings requirements under chapters 119 and
460	287 and s. 24, Art. I of the State Constitution and follows
461	records management practices that enable the agency to respond
462	efficiently to requests for public information.
463	(14)  The extent to which the agency accurately reports
464	performance measures used to justify state spending on each of
465	its activities, services, and programs.
466	(15)  The effect of federal intervention or loss of federal
467	funds if the agency is abolished.
468	(16)  Whether any advisory committee or any other part of
469	the agency exercises its powers and duties independently of the
470	direct supervision of the agency head in violation of s. 6, Art.
471	IV of the State Constitution.
472	Section 10.  Section 11.911, Florida Statutes, is amended
473	to read:
474	11.911  Recommendations.--In its report on a state agency,
475	the commission committee shall:
476	(1)  Make recommendations on the abolition, continuation,
477	or reorganization of each state agency and its advisory
478	committees and on the need for the performance of the functions
479	of the agency and its advisory committees.
480	(2)  Make recommendations on the consolidation, transfer,
481	or reorganization of programs within state agencies not under
482	review when the programs duplicate functions performed in
483	agencies under review.
484	(3)  Propose Include drafts of legislation necessary to
485	carry out the commission's committee's recommendations under
486	subsection (1) or subsection (2).
487	Section 11.  Section 11.918, Florida Statutes, is amended
488	to read:
489	11.918  Legislative Sunset Commission; powers; assistance
490	of state agencies Subpoena power.--
491	(1)  The Any Legislative Sunset Commission Advisory
492	Committee may take under investigation any matter within the
493	scope of a sunset review either completed or then being
494	conducted by the commission. The Legislative Sunset Commission
495	committee, and, in connection with such investigation, may
496	exercise the powers of subpoena by law and any other powers
497	vested in a standing committee of the Legislature pursuant to s.
498	11.143.
499	(2)  The commission may access or request information and
500	request assistance of state agencies and officers. When
501	assistance is requested, a state agency or officer shall assist
502	the commission.
503	Section 12.  Section 11.919, Florida Statutes, is repealed.
504	Section 13.  This act shall take effect July 1, 2007.

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