(1) It is the intent of the Legislature that all costs of providing a regulatory service or regulating a profession or business be borne solely by those who receive the service or who are subject to regulation. It is also the intent of the Legislature that the fees charged for providing a regulatory service or regulating a profession or business be reasonable and take into account the differences between the types of professions or businesses being regulated. Moreover, it is the intent of the Legislature that state agencies operate as efficiently as possible and regularly report to the Legislature additional methods by which to streamline their operational costs.
(2) In accordance with the instructions for legislative budget requests, each state agency shall examine the fees it charges for providing regulatory services and oversight to businesses or professions. The annual examination shall determine whether operational efficiencies can be achieved in the underlying program, whether the regulatory activity is an appropriate function that the agency should continue at its current level, and whether the fees charged for each regulatory program are:
(a) Based on revenue projections that are prepared using generally accepted governmental accounting procedures or official estimates by the Revenue Estimating Conference, if applicable;
(b) Adequate to cover both the direct and indirect costs of providing the regulatory service or oversight; and
(c) Reasonable and take into account differences between the types of professions or businesses that are regulated.
(3) If the agency determines that the fees charged for regulatory services or oversight to businesses or professions are not adequate to cover program costs and that an appropriation from other state funds is necessary to supplement the direct or indirect costs of providing a regulatory service or regulating a program, the agency shall present to the Governor and the Legislature as part of its legislative budget request information regarding alternatives for realigning revenues or costs to make the regulatory service or program totally self-sufficient or shall demonstrate that the service or program provides substantial benefits to the public which justify a partial subsidy from other state funds. The Legislature shall review the alternatives during the next regular session.
(4) The Legislature shall review the regulatory fee structure for all businesses and professions at least once every 5 years. The schedule for such review may be included in the legislative budget instructions developed pursuant to the requirements of s. 216.023.
History.—s. 1, ch. 2006-93.
Structure Florida Statutes
Title XIV - Taxation and Finance
Chapter 216 - Planning and Budgeting
216.0113 - Preferred Pricing Clauses in State Contracts; Compliance Required.
216.012 - Long-Range Financial Outlook.
216.013 - Long-Range Program Plan.
216.015 - Capital Facilities Planning and Budgeting Process.
216.0152 - Inventory of State-Owned Facilities or State-Occupied Facilities.
216.0153 - Comprehensive State-Owned Real Property System.
216.0158 - Assessment of Facility Needs.
216.016 - Evaluation of Plans; Determination of Financing Method.
216.023 - Legislative Budget Requests to Be Furnished to Legislature by Agencies.
216.0236 - Agency Fees for Regulatory Services or Oversight; Criteria.
216.031 - Target Budget Request.
216.043 - Budgets for Fixed Capital Outlay.
216.044 - Budget Evaluation by Department of Management Services.
216.052 - Community Budget Requests; Appropriations.
216.053 - Summary Information in the General Appropriations Act; Construction of Such Information.
216.065 - Fiscal Impact Statements on Actions Affecting the Budget.
216.071 - Reports of Legislature.
216.081 - Data on Legislative and Judicial Branch Expenses.
216.103 - Agencies Receiving Federal Funds; Designation of Coordinating Official; Duties.
216.121 - Information to Be Furnished to the Executive Office of the Governor.
216.131 - Public Hearings on Legislative Budgets.
216.133 - Definitions; Ss. 216.133-216.138.
216.134 - Consensus Estimating Conferences; General Provisions.
216.135 - Use of Official Information by State Agencies and the Judicial Branch.
216.136 - Consensus Estimating Conferences; Duties and Principals.
216.137 - Sessions of Consensus Estimating Conferences; Workpapers.
216.138 - Authority to Request Additional Analysis of Legislative Proposals.
216.141 - Budget System Procedures; Planning and Programming by State Agencies.
216.151 - Duties of the Executive Office of the Governor.
216.162 - Governor’s Recommended Budget to Be Furnished Legislature; Copies to Members.
216.164 - Governor’s Recommended Budget; Supporting Information.
216.165 - Governor’s Recommended Revenues.
216.166 - Governor’s Recommended Revenues; Supporting Information.
216.167 - Governor’s Recommendations.
216.168 - Governor’s Amended Revenue or Budget Recommendations; Optional and Mandatory.
216.172 - Meetings of Legislative Appropriations Committees.
216.178 - General Appropriations Act; Format; Procedure.
216.179 - Reinstatement of Vetoed Appropriations by Administrative Means Prohibited.
216.181 - Approved Budgets for Operations and Fixed Capital Outlay.
216.1811 - Approved Operating Budgets and Appropriations for the Legislative Branch.
216.1815 - Agency Incentive and Savings Program.
216.182 - Approval of Fixed Capital Outlay Program Plan.
216.1826 - Activity-Based Planning and Budgeting.
216.1827 - Requirements for Performance Measures and Standards.
216.192 - Release of Appropriations; Revision of Budgets.
216.195 - Impoundment of Funds; Restricted.
216.201 - Services of Executive Office of the Governor to Be Available to Legislature.
216.212 - Budgets for Federal Funds; Restrictions on Expenditure of Federal Funds.
216.216 - Court Settlement Funds Negotiated by the State.
216.222 - Budget Stabilization Fund; Criteria for Withdrawing Moneys.
216.231 - Release of Certain Classified Appropriations.
216.241 - Initiation or Commencement of New Programs; Approval; Expenditure of Certain Revenues.
216.251 - Salary Appropriations; Limitations.
216.262 - Authorized Positions.
216.272 - Working Capital Trust Funds.
216.273 - Administered Funds Trust Fund.
216.292 - Appropriations Nontransferable; Exceptions.
216.301 - Appropriations; Undisbursed Balances.
216.311 - Unauthorized Contracts in Excess of Appropriations; Penalty.
216.313 - Contract Appropriation; Requirements.
216.321 - Construction of Chapter 216 as Unauthorized Expenditures and Disbursements.
216.345 - Professional or Other Organization Membership Dues; Payment.
216.347 - Disbursement of Grants and AIDS Appropriations for Lobbying Prohibited.
216.348 - Fixed Capital Outlay Grants and AIDS Appropriations to Certain Nonprofit Entities.