Government
Accountability
The Florida Government
Accountability Act requires
that all state agencies justify
their existence. |
Why Does it Matter? |
Employers in this state interact
with state agencies on a daily
basis. Whether it’s pulling a
building permit, paying sales taxes,
or applying for any kind of license,
businesses depend on state agencies
and the services they provide
for survival. Sometimes this
process is smooth; but oftentimes it
is marred by poor customer service,
redundancy, or unnecessary
bureaucracy.
Requiring agencies to justify their
existence based on relevant criteria
not only elimnates redundancy and “red tape,” but also represents the
potential for the state to save
valuable dollars by doing away
with unnecessary functions. These
dollars can then be directed to
other more needy programs that
have proven their worthiness.
|
In 2006, the Legislature passed
the Florida Government Accountability
Act sponsored by
Rep. Ray Sansom (R-Ft. Walton
Beach). The Act provides a periodic
review process for the continuation,
modification, or abolition
of many agencies of the executive
branch of state government, including advisory committees and entities attached
to the judicial and legislative branches. The purpose of this Act was to
require that all state agencies justify their existence and to review agencies’
practices in order to ensure that no duplication of services is taking place.
This is not the first time the Legislature has enacted policies to ensure the
periodic review of governmental functions and agencies. The first efforts
date back to the 1970s and they have been modified since to different
degrees. The major difference between the Act and these previous iterations
is that the Act establishes an eight-year review schedule under which each
state agency is given a termination date. In other words, the Legislature is
authorized to terminate an agency if the agency fails to submit evidence and
the proper justification for its existence.
The Act establishes a multi-member Legislative Sunset Advisory Committee
(LSAC) to act in a review and recommending capacity for agency
reviews. The LSAC utilizes a specific eview criteria designed to review each
agency’s operations which will ultimately lead to a recommendation to the
Legislature on whether it should be retained, modified, or repealed. Some
of the review criteria relevant to the business community include:
- The efficiency with which the agency or advisory committee operates.
- An assessment of less restrictive or alternative methods of providing
any regulatory function for which the agency is responsible while
adequately protecting the public.
- The promptness and effectiveness with which the agency disposes of
complaints concerning persons affected by the agency.
In addition, the Act requires that both chambers forward all bills that
create new state agencies or advisory committees to the LSAC for review.
The LSAC will then make recommendations as to whether the proposed
governmental functions are already being provided by an existing state
agency in hopes of preventing further government expansion.
For this upcoming session, AIF expects legislation to be filed which would
strengthen this Act. In fact, this proposal found its place among Speaker
Marco Rubio’s (R-Miami) 100 Innovative Ideas for Florida’s Future. |
