OPPAGA Recommendations for Legislative Consideration

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					                          The Florida Legislature
                 OFFICE OF PROGRAM POLICY ANALYSIS AND
                      GOVERNMENT ACCOUNTABILITY
                                        John W. Turcotte, Director



                                        November 27, 2002



The Honorable Jim King
President of the Senate

The Honorable Johnnie Byrd
Speaker of the House of Representatives

Mr. Terry Shoffstall, Staff Director
Joint Legislative Auditing Committee

To assist the Legislature, I am providing an annotated listing of recommendations
OPPAGA has made for statutory changes that would increase state program
effectiveness and efficiency and/or produce cost savings. These recommendations are
sorted by broad policy areas, and some recommendations are shown in multiple policy
areas due to their broad potential impact.

As always, if you have any questions regarding these documents or other OPPAGA
products, please do not hesitate to call me. I look forward to continuing to work with
you and the Joint Legislative Auditing Committee to improve Florida government.


Sincerely,




John W. Turcotte
Director

Enclosures (2)




     111 West Madison Street ■ Room 312 ■ Claude Pepper Building ■ Tallahassee, Florida 32399-1475
                        850/488-0021 SUNCOM 278-0021 FAX 850/487-3804
                                 Web Site: http://www.oppaga.state.fl.us
Agencies by Policy Area                                                OPPAGA Contact


Criminal Justice                                                Kathy McGuire   (850) 487- 9224
CCRC                  Capital Collateral Regional Counsels
CMA                   Correctional Medical Authority
CPC                   Correctional Privatization Commission
DOC                   Corrections, Department of
FPC                   Florida Parole Commission
JUD                   Judicial Branch
JAC                   Justice Administrative Commission
DJJ                   Juvenile Justice, Department of
FDLE                  Law Enforcement, Florida Department of
DLA                   Legal Affairs, Department of
PRIDE                 PRIDE
PD                    Public Defenders
SA                    State Attorneys

Economic Development, Environment, and Transportation           Tom Roth        (850) 488-1024
SBA                   Administration, State Board of
AWI                   Agency for Workforce Innovation
DCA                   Community Affairs, Department of
EFI                   Enterprise Florida, Inc.
DEP                   Environmental Protection, Department of
FWCC                  Fish & Wildlife Conservation Commission
FHFC                  Florida Housing Finance Corporation
EOG                   Governor, Executive Office of the
DHSMV                 Highway Safety & Motor Vehicles, Department of
DOT                   Transportation, Department of
WMD                   Water Management Districts

Education                                                       Jane Fletcher   (850) 487- 9255
CU                    Colleges and Universities
CC                    Community Colleges
DOE                   Education, Department of
DOL                   Lottery, Department of the
School Dist.          School Districts
Agencies by Policy Area                                                     OPPAGA Contact


Government Operations                                              Debbie Gilreath   (850) 487- 9278
DACS                    Agriculture & Consumer Services, Department of
DBF                     Banking & Finance, Department of
DBPR                    Business & Professional Regulation, Department of
CITRUS                  Citrus, Department of
DOI                     Insurance, Department of
DMS                     Management Services, Department of
DMA                     Military Affairs, Department of
PSC                     Public Service Commission
DOR                     Revenue, Department of
DOS                     State, Department of

Health and Human Services                                          Frank Alvarez     (850) 487- 9274
DCF                     Children & Families, Department of
DOEA                    Elder Affairs, Department of
AHCA                    Health Care Administration, Agency for
DOH                     Health, Department of
DVA                     Veterans Affairs, Department of
OPPAGA Recommendations for Legislative Consideration by Policy Area
OPPAGA                                                   Progress
Report                                                   Report
Number    Title                                          Number         Agency          Recommendation

Criminal Justice                                                                                     Kathy McGuire                   (850) 487- 9224

01-64     Justification Review: Justice Administrative
          Commission, State Attorneys, and Public
          Defenders



                                                                        JAC             We recommend that the Florida Prosecuting Attorneys Association and the Florida Public
                                                                                        Defender Association should work with the Legislature's Joint Article V Committee to
                                                                                        develop a plan and schedule for integrating technology, first within the state attorney and
                                                                                        public defender offices and then within and among the circuits. This information system
                                                                                        should include local law enforcement, clerks of the court, the court, the Department of
                                                                                        Juvenile Justice, and the Department of Corrections.


                                                                        JAC             We recommend that the Legislature direct its criminal justice committee staff to work with
                                                                                        state attorneys, public defenders, the courts, fiscal and transportation committee staffs,
                                                                                        and other stakeholders to identify misdemeanors or felonies that should be considered for
                                                                                        potential reclassification. The work group should complete its recommendations for
                                                                                        discussion prior to the 2003 legislative session.


                                                                        JAC             We recommend that the Legislature establish an independent commission to oversee
                                                                                        conflict and dependency counsel, a function that involves approximately $55 million in
                                                                                        costs per year.


                                                                        JAC             The Legislature needs to redirect funds resulting from liens in cases represented by court-
                                                                                        appointed attorneys. Section 938.29, Florida Statutes, directs the court to impose liens
                                                                                        for attorney fees and costs on defendants who have been found guilty or plead no contest
                                                                                        and have been represented by public counsel. Currently, ss. 938.29, 27.562, and
                                                                                        39.0134, Florida Statutes, allow funds collected on these liens to go to the counties.
                                                                                        Since Revision 7 to Article V specifies that the state will assume responsibility for paying
                                                                                        for appointed attorneys, as part of implementing Revision 7, the Legislature should revise
                                                                                        the statutes to specify that funds collected for appointed counsel and related costs be
                                                                                        made a lien on behalf of the state. Further, the Legislature should require the clerks of
                                                                                        the court to report how many of these liens are made orders by the court and how much
                                                                                        is collected.


                                                                        JAC             As the Legislature prepares to implement Revision 7 to Article V, we recommend that it
                                                                                        clarify which level of government will fund travel, transportation, and library services.



December 2002           OPPAGA reports describing these recommendations can be found at our website --    http://www.oppaga.state.fl.us                           Page 1 of 25
OPPAGA                                                  Progress
Report                                                  Report
Number   Title                                          Number         Agency          Recommendation

01-64    Justification Review: Justice Administrative                  JAC             We recommend that the Legislature designate a workgroup to help develop standards
         Commission, State Attorneys, and Public                                       and uniform definitions for collecting cost and performance data prior to 2004 for special
         Defenders                                                                     court-related programs for which state attorneys or public defenders may request state
                                                                                       funding. Members of the work group could include representatives of the Office of State
                                                                                       Courts Administrator, the Florida Public Defender Association, the Florida Prosecuting
                                                                                       Attorneys Association, the Florida Association of Court Clerks, the Association of
                                                                                       Counties, the Auditor General, and OPPAGA.


01-55    Justification Review: Budget Reductions,                      FPC             We recommend that the Legislature fund a pilot project to outsource backlogged
         Process Improvements Possible in Parole                                       investigation work.
         Commission Operations


00-23    Review of the Department of Corrections                       DOC             Amend Ch. 943, Florida Statutes, to implement the department’s proposed revisions for
                                                                                       correctional officer certification.


                                                                       DOC             Require any capital construction project costing over a certain threshold, for example
                                                                                       $100,000, to be submitted to the Department of Management Services for review,
                                                                                       approval, and monitoring until project completion, if the department’s efforts to complete
                                                                                       construction projects on a timely schedule are not successful.


97-36    Review of the Efficiency of the Two-Tiered                    JUD             The Florida Constitution should be amended to allow the assignment of county judges to
         Trial Court System and the Process for                                        circuit court cases to better manage judicial workload.
         Certifying Judges




December 2002          OPPAGA reports describing these recommendations can be found at our website --    http://www.oppaga.state.fl.us                           Page 2 of 25
OPPAGA                                                 Progress
Report                                                 Report
Number   Title                                         Number          Agency          Recommendation

Economic Development, Environment, and Transportation                                               Tom Roth                        (850) 488-1024

02-15    Justification Review: Eliminating Recycling                   DEP             Retain the statewide recycling standard of 38%, which we believe is attainable with
         Grants and Raising Recycling Rates Could                                      improved recycling efforts. However, the recycling goal should be increased from 30% to
         Save Over $2.5 Million                                                        38% for large counties.


                                                                       DEP             Transfer responsibility for the state's recycling contract from the Department of
                                                                                       Management Services to the Department of Environmental Protection.


                                                                       DEP             Cost savings recommendation: Continue to phase out recycling and education grants.
                                                                                       As noted in prior OPPAGA reports, these grants are no longer needed to help establish
                                                                                       county recycling programs. This would save $2.5 million annually (general revenue).


02-08    Justification Review: Slow Progress Has                       DEP             Consider establishing a forum for brownfields stakeholders to discuss needs and develop
         Been Made in Cleaning Up and                                                  strategies for addressing identified problems.
         Redeveloping Contaminated Brownfield Sites


                                                                       EFI



                                                                       EOG



                                                                       DEP             Consider increasing the program's loan guarantee incentive from 10% of a loan made by
                                                                                       a lending institution to a qualified developer to 50% or higher.


                                                                       EFI



                                                                       EOG



                                                                       DEP             Consider allowing firms employing fewer than 10 people or paying less than 80% of the
                                                                                       average county wage to qualify for state brownfield incentives.



December 2002          OPPAGA reports describing these recommendations can be found at our website --    http://www.oppaga.state.fl.us                            Page 3 of 25
OPPAGA                                                  Progress
Report                                                  Report
Number   Title                                          Number         Agency          Recommendation

02-08    Justification Review: Slow Progress Has                       EFI             Consider allowing firms employing fewer than 10 people or paying less than 80% of the
         Been Made in Cleaning Up and                                                  average county wage to qualify for state brownfield incentives.
         Redeveloping Contaminated Brownfield Sites


                                                                       EOG



02-01    Special Review: Florida Communities Trust                     DCA             Amend s. 380.510(3)(f), Florida Statutes, to remove language authorizing the governing
         Improves Its Timeliness; Further Actions Are                                  board to extend grants beyond 24 months.
         Needed


                                                                       DCA             Require that unspent Preservation 2000 funds for Monroe County Land Authority and the
                                                                                       Green Swamp Program be expended by June 2002. Any unexpended funds for these
                                                                                       programs remaining as of this date would revert to the Preservation 2000 Trust Fund.


                                                                       DCA             Require that unspent Preservation 2000 funds for the Areas of Critical State Concern
                                                                                       Program be expended by June 2003.


01-62    Program Review: Concerns Over Enterprise                      EFI             The Legislature should authorize EFI to assign a higher weight to facilitating the creation
         Florida's Performance, Services to                                            of jobs in rural and urban distressed areas of the state to reflect the greater degree of
         Distressed Areas Point to a Need to                                           difficulty associated with bringing economic development projects in these areas to
         Consider Several Alternatives for Its Future                                  fruition. EFI should work with OTTED to determine a method for weighting Enterprise
         Role                                                                          Florida’s performance in these areas.


                                                                       EOG



01-11    Program Review: Space Financing                               DOT             The Legislature may want to consider directing OPPAGA to conduct another evaluation of
         Corporation Is Still Gearing Up and Needs to                                  the corporation in the future.
         Develop a Business Plan


                                                                       EOG




December 2002          OPPAGA reports describing these recommendations can be found at our website --    http://www.oppaga.state.fl.us                            Page 4 of 25
OPPAGA                                                   Progress
Report                                                   Report
Number   Title                                           Number        Agency          Recommendation

01-07    Justification Review: State Lands Program                     DEP             To ensure that appropriate land management practices are implemented, land-managing
         Florida Department of Environmental                                           agencies should include the following in their land management plans as required by law:
         Protection                                                                    a priority schedule for conducting management activities, a cost estimate for conducting
                                                                                       priority activities, and a cost estimate for conducting other management activities. The
                                                                                       Legislature also may want to consider applying these requirements to water management
                                                                                       districts.


                                                                       DEP             To ensure more effective and efficient use of land management funds, land management
                                                                                       agencies should follow a standard method for identifying the priority of land management
                                                                                       needs. To accomplish this the Legislature should amend s. 259.032(11)(c), Florida
                                                                                       Statutes, to include these categories in land management plans.
                                                                                       1. Immediate land management needs, within one to two years, to prevent the threat of
                                                                                       significant loss of natural resource values or significant increases in repair costs to capital
                                                                                       facilities, and to provide public access on recreational lands
                                                                                       2. Intermediate land management needs, within three to four years, to prevent the threat
                                                                                       of loss of natural resource values or the increase in repair costs to capital facilities, and to
                                                                                       increase public access on recreational lands
                                                                                       3. Long-term land management needs, within five to six years, to prevent the eventual
                                                                                       threat of loss of natural resource values or the eventual increase in repair costs to capital
                                                                                       facilities, and to maintain public access to recreational lands


                                                                       DEP             The Legislature should amend s. 259.037, Florida Statutes, to include water management
                                                                                       district representatives on this council.


01-03    Justification Review: Motor Vehicle-Related     02-51         DHSMV           We recommend that s. 319.14, Florida Statutes, be revised to require disclosure that
         Activities Performed by the Licenses, Titles,                                 rebuilt vehicles have not been inspected for safety. The statutes also should require that
         Regulations Program Department of                                             consumers sign a statement indicating they have been informed about the lack of a safety
         Highway Safety and Motor Vehicles                                             inspection when purchasing a rebuilt motor vehicle.


                                                                       DHSMV           We recommend that the Legislature consider the option of merging the Department of
                                                                                       Highway Safety and Motor Vehicles with the Florida Department of Transportation.


                                                                       DHSMV           We recommend that the Legislature amend s. 320.02, Florida Statutes, to include private
                                                                                       entities contracted by the Department of Highway Safety and Motor Vehicles in the list of
                                                                                       entities authorized to conduct Vehicle Identification Number verifications.


                                                                       DHSMV           We recommend that the Legislature consider expanding the outsourcing of motor vehicle
                                                                                       title and registration processing to include private entities when it is in the best interests of
                                                                                       the state and direct the Department of Highway Safety and Motor Vehicles accordingly.




December 2002          OPPAGA reports describing these recommendations can be found at our website --     http://www.oppaga.state.fl.us                              Page 5 of 25
OPPAGA                                                   Progress
Report                                                   Report
Number   Title                                           Number        Agency          Recommendation

01-03    Justification Review: Motor Vehicle-Related     02-51         DHSMV           We recommend that the Legislature consider the actions described: revise s. 320.27,
         Activities Performed by the Licenses, Titles,                                 Florida Statutes (license fees for motor vehicle dealers), ss. 320.61 and 320.62, Florida
         Regulations Program Department of                                             Statutes (license fees for manufacturers, distributors, and importers), s. 320.77, Florida
         Highway Safety and Motor Vehicles                                             Statutes (license fees for mobile home dealers), s. 320.771, Florida Statutes (license fees
                                                                                       for recreational vehicle dealers), and s. 320.8225, Florida Statutes (license fees for
                                                                                       mobile home and recreational vehicle manufacturers) to implement the fee structure
                                                                                       shown on page 25 of the report. The fees could be implemented across the board or put
                                                                                       on a sliding scale based on volume of each entity’s motor vehicle or mobile home sales.


                                                                       DHSMV           We recommend that the Legislature consider the actions described: revise s. 319.32,
                                                                                       Florida Statutes, to increase the fee for rebuilt motor vehicle inspections from $40 to $50.


                                                                       DHSMV           We recommend that the Legislature consider the actions described: revise s. 320.02,
                                                                                       Florida Statutes, to establish a $15 fee for Vehicle Identification Number verifications.


                                                                       DHSMV           We recommend that the Legislature consider decreasing motor vehicle title and
                                                                                       registration fees by an amount that offsets these adjustments.


01-02    Justification Review: Driver License-Related    02-52         DHSMV           We recommend that the Legislature consider the option of merging the Department of
         Activities Performed by the Licenses, Titles,                                 Highway Safety and Motor Vehicles with the Florida Department of Transportation.
         and Regulations Program Department of
         Highway Safety and Motor Vehicles


                                                                       DHSMV           We recommend that the Legislature amend s. 322.135, Florida Statutes, to authorize
                                                                                       private entities contracted by the Department of Highway Safety and Motor Vehicles to be
                                                                                       driver license agents for the department for the provision of specified driver licensing
                                                                                       services.


                                                                       DHSMV           We recommend that the Legislature amend s. 322.135, Florida Statutes, to authorize the
                                                                                       Department of Highway Safety and Motor Vehicles to set a fee range contractors may
                                                                                       charge for specified driver licensing services.


                                                                       DHSMV           We recommend that the Legislature amend s. 322.135, Florida Statutes, to direct the
                                                                                       Department of Highway Safety and Motor Vehicles to pursue contracting with private
                                                                                       entities on a pilot basis to provide driver licensing services to the citizens of Florida.


                                                                       DHSMV           We recommend that the Legislature consider amending s. 322.05, Florida Statutes, to
                                                                                       restrict the number of passengers allowed in vehicles driven by teenagers affected by the
                                                                                       graduated driver licensing system.


December 2002          OPPAGA reports describing these recommendations can be found at our website --    http://www.oppaga.state.fl.us                              Page 6 of 25
OPPAGA                                                   Progress
Report                                                   Report
Number   Title                                           Number        Agency          Recommendation

01-02    Justification Review: Driver License-Related    02-52         DHSMV           To provide a more proactive driver licensing system addressing the problem of increased
         Activities Performed by the Licenses, Titles,                                 crash risk of elder drivers, we recommend that, at a minimum, the Legislature revise s.
         and Regulations Program Department of                                         322.18, Florida Statutes, to eliminate the mail-in renewal option for to drivers over a
         Highway Safety and Motor Vehicles                                             certain age; based on our analyses, we recommend that drivers 70 years of age and
                                                                                       older be required to renew their licenses in person; the Legislature consider revising s.
                                                                                       322.18, Florida Statutes, to shorten renewal time periods for drivers 70 years of age and
                                                                                       older; and the Legislature require the Department of Highway Safety and Motor Vehicles
                                                                                       to develop age-based driver skill and vision assessment procedures for driver license
                                                                                       renewals.


00-28    Justification Review: Recreation and Parks      02-41         DEP             We recommend that the Legislature include 12 outcome and output measures for the
         Program                                                                       Recreation and Parks Program in the General Appropriations Act. Some of these
                                                                                       measures are currently being used; others are current measures with some wording
                                                                                       changes; and some measures are new.


                                                                       DEP             Exhibit 8 (page 20 of the report) lists our recommendations for policy-level outcome and
                                                                                       output measures to be included in the 2001-02 General Appropriations Act.


00-04    Progress Report: Wastewater Reuse                             DEP             In order to address concerns about backup water allocations and conservation of
         Reduces Discharges and Provides                                               reclaimed water, the Legislature may wish to consider alternative means of allocating
         Alternative Water Supplies                                                    reclaimed water and regulating the rates charged for its use.


                                                                       WMD



                                                                       DEP             To reduce paperwork and increase the usefulness of wastewater feasibility studies,
                                                                                       regulatory agencies and the Legislature could consider incorporating feasibility studies
                                                                                       into the regional water supply planning process.


                                                                       WMD



99-52    Program Review: Investment of Florida                         SBA             The Legislature should require the State Board of Administration to report the
         Retirement System Assets Meets Goals,                                         performance of its active style managers as a group compared to passive style managers.
         But Earnings Could Be Increased




December 2002          OPPAGA reports describing these recommendations can be found at our website --    http://www.oppaga.state.fl.us                           Page 7 of 25
OPPAGA                                                 Progress
Report                                                 Report
Number   Title                                         Number          Agency          Recommendation

99-43    Program Review: Use of Enterprise Zone                        EOG             The Legislature should consider two approaches for enhancing local administrative
         Incentives Has Increased, But Challenges                                      resources for rural and net ban-affected areas: providing state assistance for program
         Continue                                                                      administration, and directing the Office of Tourism, Trade, and Economic Development to
                                                                                       mesh zone incentives with other state and local economic development initiatives. The
                                                                                       Legislature should direct the office to report legal restrictions that are impeding zone
                                                                                       potential.


99-40    Policy Review: Wetland Mitigation                             DEP             The Legislature should amend Ch. 373, Florida Statutes, to require the department and
                                                                                       the water management districts to each file an annual report of permitted wetland
                                                                                       activities following certain criteria.


                                                                       WMD



99-24    Justification Review of the Public            01-37           DOT             To help improve the compatibility of land use and transportation planning, the Legislature
         Transportation Program                                                        may want to consider implementing the smart growth alternative planning process
                                                                                       recommended by the Transportation and Land Use Study Committee.


99-08    Justification Review of the Toll Operations   01-41           DOT             If the Legislature believes that the Orlando-Orange County Expressway Authority is
         Programs                                                                      receiving an unfair funding advantage over other Florida counties, we recommend that it
                                                                                       consider reducing transportation funding to the Orlando-Orange County area by an
                                                                                       amount equal to the funds appropriated to the department for its share of the expressway
                                                                                       authority's operations and maintenance costs. These costs amounted to $11 million in
                                                                                       Fiscal Year 1997-98.


98-87    Justification Review: Florida Highway         01-29           DHSMV           So that sheriffs' role in traffic enforcement is clearly defined, the Legislature should clarify
         Patrol, Department of Highway Safety &                                        the responsibility of the Florida Highway Patrol (FHP) and sheriffs to perform patrol and
         Motor Vehicles                                                                crash investigation functions on local roads.


98-86    Justification Review: Motor Carrier           01-45           DOT             The Legislature should revise s.316.545, Florida Statutes, to establish higher and
         Compliance Program                                                            graduated penalties for major carrier weight violations by commercial vehicles. We also
                                                                                       recommend that the Legislature revise s.316.545, Florida Statutes, to provide for
                                                                                       increasingly higher penalties for those drivers who are caught a second and third time
                                                                                       violating the state's weight limitations.


                                                                       DOT             The Legislature should consider establishing a clean slate provision so that repeat vehicle
                                                                                       overweight offenders may go back to being subject to the lowest penalty schedule after a
                                                                                       specified period of violation-free driving such as two years.




December 2002          OPPAGA reports describing these recommendations can be found at our website --     http://www.oppaga.state.fl.us                              Page 8 of 25
OPPAGA                                                 Progress
Report                                                 Report
Number   Title                                         Number           Agency          Recommendation

98-86    Justification Review: Motor Carrier           01-45            DOT             The Legislature should revise s.316.545, Florida Statutes, to require offloading at the
         Compliance Program                                                             discretion of law enforcement officers for any commercial vehicle weight exceeding legal
                                                                                        weight limits, rather than at the current level of 6,000 pounds over gross weight limits.


97-71    Follow-Up Report on the Automobile                             DHSMV           The level of competition among dealers should be determined by the free market rather
         Manufacturer Licensing Program                                                 than by government regulation. However, given the program’s history, changing the law to
                                                                                        streamline regulation appears the best alternative.


97-60    Review of Privatization Potential of Select                    DCA             The Legislature should eliminate s. 218.503(1)(d), Florida Statutes, regarding special
         Special Districts                                                              districts' unreserved fund balance/retained earnings deficits. The financial emergency
                                                                                        criteria prescribed by s. 218.503(1)(d), Florida Statutes, is not necessarily indicative of a
                                                                                        true financial crisis, can misrepresent the financial condition of some districts, and is not
                                                                                        needed.


97-47    Review of the Florida Highway Patrol's                         DHSMV           If the Legislature wants the Florida Highwat Patrol to continue providing traffic accident
         Traffic Accident Investigation Activity on                                     investigation services, but also wants to reduce the patrol's traffic accident investigation
         Local Roads                                                                    workload, we recommend the Legislature consider amending Ch. 316, Florida Statutes, to
                                                                                        more clearly define various law enforcement units’ primary and secondary traffic accident
                                                                                        responsibilities on state and local roads.


                                                                        DHSMV           If the Legislature wants to limit traffic accident investigation services provided by all law
                                                                                        enforcement units, we recommend that the Legislature consider amending Ch. 316,
                                                                                        Florida Statutes, to raise the threshold for determining when a traffic accident requires a
                                                                                        law enforcement unit to investigate the crash.


96-82    Review of the Economic Components of          99-06            DEP             The Legislature could determine that water users should pay the full costs of developing
         State Water Policy                                                             new water supplies. In this case, local governments and water suppliers should have the
                                                                                        authority and flexibility to develop supplies with minimal state involvement. Revisions
                                                                                        would be needed to Ch. 373, Florida Statutes.


                                                                        WMD



                                                                        DEP             The Legislature could also determine that water users should not pay the full costs
                                                                                        because of potential adverse impacts that could occur to certain user groups or the
                                                                                        economy. In this case, the Legislature should clarify state policy to include assuring an
                                                                                        affordable supply to all reasonable-beneficial users. Revisions would be needed to Ch.
                                                                                        373, Florida Statutes.




December 2002           OPPAGA reports describing these recommendations can be found at our website --    http://www.oppaga.state.fl.us                              Page 9 of 25
OPPAGA                                                Progress
Report                                                Report
Number   Title                                        Number          Agency          Recommendation

96-82    Review of the Economic Components of         99-06           WMD             The Legislature could also determine that water users should not pay the full costs
         State Water Policy                                                           because of potential adverse impacts that could occur to certain user groups or the
                                                                                      economy. In this case, the Legislature should clarify state policy to include assuring an
                                                                                      affordable supply to all reasonable-beneficial users. Revisions would be needed to Ch.
                                                                                      373, Florida Statutes.


96-61    Review of the Reuse of Reclaimed Water       00-04           DEP             The Legislature should amend s. 403.064, Florida Statutes, and State Water Policy to
                                                                                      give permitting authorities discretion in requiring feasibility studies to identify potential
                                                                                      water reuse clients.


                                                                      WMD



                                                                      DEP             The Legislature should broaden the feasibility study requirements contained in s.
                                                                                      403.064, Florida Statutes, and State Water Policy to include an assessment of all
                                                                                      alternative water supplies.


                                                                      WMD



96-43    Review of the Transportation Disadvantaged   99-14           DOT             The Legislature should downsize or eliminate the Commission for the Transportation
         Program                                                                      Disadvantaged.




December 2002         OPPAGA reports describing these recommendations can be found at our website --     http://www.oppaga.state.fl.us                             Page 10 of 25
OPPAGA                                                    Progress
Report                                                    Report
Number      Title                                         Number          Agency          Recommendation

Education                                                                                              Jane Fletcher                    (850) 487- 9255

02-33       Program Review: Adult General Education                       DOE             We recommend that the Legislature identify residency requirements specific to the
            Performance Improves; However,                                                workforce development education programs offered in both community colleges and
            Placement Rates Need Improvement and                                          school districts. This would provide uniform residency requirements for workforce
            the State's Residency Policy Needs                                            development programs provided by both systems, and within school district systems.
            Definition


02-32       Justification Review: Workforce                               DOE             To improve the usefulness of the program's legislative performance measures in
            Development Education Program                                                 evaluating program performance, the Legislature should consider revising the program’s
                                                                                          measures to focus on higher levels of post-completion earnings, include completion rates
                                                                                          for career and technical education programs, and include an additional outcome measure
                                                                                          for adult basic education.


02-12       Status Report: Jobs for Florida's Graduates                   DOE             We recommend that if the Legislature funds the Jobs for Florida’s Graduates Program, s.
            Program Becomes Independent and Its                                           446.609(7)(i), Florida Statutes, should be amended to require the program to annually
            Performance Improves                                                          report an additional employment outcome including all participants. This would be in
                                                                                          addition to the current performance standard that uses the Jobs for America’s Graduates’
                                                                                          methodology as currently prescribed in statute.


                                                                          DOE             If the 2002 Legislature does not provide funding for the program, we recommend that it
                                                                                          amend s. 446.609(10)(a), Florida Statutes, to eliminate the requirements that the Office of
                                                                                          Program Policy Analysis and Government Accountability (OPPAGA) review its annual
                                                                                          report, and that s. 446.609(10)(b), Florida Statutes, be amended to eliminate the
                                                                                          requirement for the longitudinal study of the program.


02-11       Justification Review: Sale of Lottery                         DOL             To help the Florida Lottery maximize revenues and increase transfers to education, we
            Products Program, Department of the Lottery                                   recommend that the Legislature consider the options below.
                                                                                          The Legislature could authorize the Lottery to offer video lottery or keno games. We
                                                                                          estimate that video lotteries could produce between $641 million and $1 billion annually
                                                                                          for education. Keno games could generate between $164 and $193 million annually for
                                                                                          education. The amount of potential revenue would be dependent on several factors,
                                                                                          some of which would be determined by the Legislature. For example, the Legislature
                                                                                          would have to determine the number and types of locations for both video lotteries and
                                                                                          keno. Video lottery terminals could be limited to existing pari-mutuel facilities while keno
                                                                                          might be limited to bars and restaurants.




December 2002             OPPAGA reports describing these recommendations can be found at our website --    http://www.oppaga.state.fl.us                           Page 11 of 25
OPPAGA                                                 Progress
Report                                                 Report
Number   Title                                         Number         Agency          Recommendation

02-11    Justification Review: Sale of Lottery                        DOL             The Legislature could designate another source of funds to be used in conjunction with
         Products Program, Department of the Lottery                                  unclaimed prize money. For example, the Legislature could authorize the Lottery to use
                                                                                      the unencumbered balance left in its Administrative Trust Fund (see Chapter 1) to
                                                                                      increase payouts. In 2000-01, that would have given the Lottery about $20 million with
                                                                                      which to raise payouts and increased transfers by about $15 million. Moreover, if the
                                                                                      Legislature permitted the Lottery to use the unencumbered balance for prize
                                                                                      enhancements it would give the Lottery an additional incentive to minimize expenses.


01-56    Program Review: Workforce Development                        DOE             In our Justification Review of the Community College System, Report No. 98-06A, we
         Education Program, Florida Department of                                     recommend that the Legislature incorporate input-based funding factors (such as the
         Education                                                                    number of students served or teacher hours) to help ensure that local providers receive
                                                                                      funding that is suitable for the types of programs being provided and the level of students
                                                                                      being served.


                                                                      DOE             We recommend that the Legislature establish a standard value per point for earnings
                                                                                      under the performance-based formula to enable administrators to predict and start new
                                                                                      programs. Under the present system, the weights and point values fluctuate from year to
                                                                                      year, making it impossible for institutions to plan new programs or predict revenues. In
                                                                                      order to limit the amount of money the Legislature would be required to provide for
                                                                                      performance-based program funding, a cap should be placed on the amount of funding
                                                                                      earned by institutions under this system.


                                                                      DOE             We recommend that the Legislature limit revisions to the funding formula, after necessary
                                                                                      changes are made, so that it can be applied consistently from year to year.


                                                                      DOE             The Legislature should consider establishing a portion of the workforce development
                                                                                      funds separate from the performance funding formula. These funds would be used to
                                                                                      provide incentives to school districts and community colleges to accomplish policy
                                                                                      objectives, such as rewarding more completers in needed programs.


01-28    Justification Review: State University                       DOE             To ensure that distance learning courses fulfill their promise to increase access in a cost-
         System Florida Department of Education                                       effective manner, we recommend that the Legislature develop a mechanism for better
                                                                                      coordinating the development of distance learning courses. The Legislature could assign
                                                                                      this responsibility to a new division within the new education governance structure or
                                                                                      delegate it to an existing entity such as the Florida Virtual Campus.




December 2002         OPPAGA reports describing these recommendations can be found at our website --    http://www.oppaga.state.fl.us                          Page 12 of 25
OPPAGA                                                 Progress
Report                                                 Report
Number   Title                                         Number          Agency          Recommendation

Government Operations                                                                               Debbie Gilreath                  (850) 487- 9278

02-55    Justification Review: Most Election Reforms                   DOS             To improve the Division of Election’s accountability through its legislative performance
         Implemented; Additional Actions Could Be                                      measures, the division’s measures should be modified. Specifically, we recommend that
         Considered                                                                    the Legislature consider eliminating the measure “percentage of campaign treasurer
                                                                                       report detail information released on the Internet within seven days” and adopt the
                                                                                       following measures:
                                                                                       --percentage of the voting age population which voted in the general election;
                                                                                       --percentage of campaign finance reports filed timely;
                                                                                       --average number of days to process campaign finance reports; and percentage of ballots
                                                                                       not registering a valid vote for President or Governor in a general election.


                                                                       DOS             The division is to report to the Legislature on the effectiveness of the education programs
                                                                                       funded by recent appropriations. If the division finds the programs to be ineffective, it
                                                                                       should identify options for improving the effectiveness of any future voting education
                                                                                       efforts funded by the Legislature. Options could include allocating a portion of any
                                                                                       appropriation to the division to develop education materials that can be incorporated by
                                                                                       supervisors of elections into their voter education programs.


                                                                       DOS             The division should monitor eligibility determination procedures to determine if voters who
                                                                                       believe they have been wrongly identified as convicted felons are prohibited from voting
                                                                                       due to system’s inability to confirm their identity. If warranted, the division should report
                                                                                       to the Legislature on the extent of the problem and offer options for resolving the issue.
                                                                                       Solutions could include giving voters the opportunity to provide a fingerprint in order to
                                                                                       prove their eligibility to vote.


                                                                       DOS             The division should monitor the provisional voting process to ensure that a voter is not
                                                                                       being denied the right to vote due to a failure to respond during the initial eligibility
                                                                                       determination process. If warranted, the division should report to the Legislature on the
                                                                                       extent of the problem and options for modifying the provisional ballot process to resolve
                                                                                       the issue. Solutions could include allowing voters a final opportunity to provide any
                                                                                       information needed to determine their eligibility and, if determined eligible, allowing the
                                                                                       voter’s provisional ballot to be cast. Alternatively, the voter could be given a notice upon
                                                                                       completing a provisional ballot of the possible results of the review process, contact
                                                                                       information for determining that results, and in the event the voter is determined ineligible
                                                                                       options available to the voter for correcting the situation prior to the next election.




December 2002          OPPAGA reports describing these recommendations can be found at our website --    http://www.oppaga.state.fl.us                           Page 13 of 25
OPPAGA                                                 Progress
Report                                                 Report
Number   Title                                         Number          Agency          Recommendation

02-55    Justification Review: Most Election Reforms                   DOS             The division should monitor the process of removing duplicate voter registrations to
         Implemented; Additional Actions Could Be                                      ensure that a voter is not being denied the right to vote due to incorrectly being identified
         Considered                                                                    as a duplicate voter. If warranted, the division should report to the Legislature on the
                                                                                       extent of the problem and possible solutions. Solutions could include using change of
                                                                                       address information supplied by the United States Postal Service to confirm that an
                                                                                       individual identified as being registered in more than one county has in fact moved.


                                                                       DOS             The Legislature should amend s. 106.25, Florida Statutes, by waiving the right of
                                                                                       confidentiality when an advisory opinion is requested for the specific purpose of
                                                                                       determining whether a case involving the same circumstances is currently before the
                                                                                       Florida Elections Commission. This will ensure that Florida’s election laws are uniformly
                                                                                       administered and enforced by allowing the division to refrain from issuing advisory
                                                                                       opinions on cases that are pending before the Florida Elections Commission.


                                                                       DOS             If the Legislature wishes to save $375,000 every two years, it could amend s. 106.07,
                                                                                       Florida Statutes, to restrict the hardship clause and require substantially all candidates
                                                                                       and committees to file campaign finance reports using the division’s Internet-based
                                                                                       application.


02-31    Status Report: Improved State Vehicle                         DMS             The Legislature should amend s. 287.17, Florida Statutes, to clarify what documentation
         Management Could Save Florida up to $2.4                                      should be provided when agency heads waive the 10,000-mile minimum mileage
         Million Annually                                                              requirement in assigning state vehicles. In addition to the current requirement to provide
                                                                                       written justification for such waivers, agency heads should be required to record an
                                                                                       estimate of the annual mileage each of these vehicles will be driven on official state
                                                                                       business and to identify why it is a necessary and cost-effective use of state resources to
                                                                                       assign these employees state vehicles rather than having the employees use agency pool
                                                                                       or personal vehicles. State agency heads should be required to retain this documentation
                                                                                       in a central location so that the information is available for review by agency inspectors
                                                                                       general or other interested persons.




December 2002          OPPAGA reports describing these recommendations can be found at our website --    http://www.oppaga.state.fl.us                            Page 14 of 25
OPPAGA                                               Progress
Report                                               Report
Number   Title                                       Number           Agency          Recommendation

02-31    Status Report: Improved State Vehicle                        DMS             The Legislature should adopt a statewide commuting policy and revise s. 287.17, Florida
         Management Could Save Florida up to $2.4                                     Statutes, to codify the policy. The policy should include, but not be limited to, the
         Million Annually                                                             provisions listed below.
                                                                                      --Employees would be considered as accruing commuting mileage in state vehicles if
                                                                                      they drive to and from their homes and regular work sites or offices, and do not patrol
                                                                                      assigned areas or work at various sites during the day.
                                                                                      --Employees may not commute in state vehicles without written authorization from the
                                                                                      head of the agency that employs them. This authorization should be updated on an
                                                                                      annual basis and the documentation should be filed in a central location.
                                                                                      --Employees will be assessed charges to reimburse the state for the cost of commuting in
                                                                                      state vehicles. The level of reimbursement to the state should be either the amount
                                                                                      recommended by the 2001 zero-based budgeting review of the Department of
                                                                                      Management Services (eight cents per mile for commuting mileage over 30 miles a day)
                                                                                      or the level of state reimbursement for use of a personal vehicle on state business (29
                                                                                      cents per mile for all commuting mileage).
                                                                                      --Employees who would commute in excess of 60 miles daily (30 miles each way) should
                                                                                      not be allowed to commute in state vehicles. Agency heads may waive this provision if
                                                                                      they document that the benefit of allowing a particular employee to commute in a state
                                                                                      vehicle outweighs the cost to the state. This waiver should be documented, with the
                                                                                      documentation filed in a central location and updated annually.


                                                                      DMS             To assist agencies in purchasing vehicles for use by employees who extensively drive
                                                                                      personal vehicles on state business, the Legislature should revise ss. 287.14(5) and
                                                                                      287.012(4), Florida Statutes, to allow state agencies to purchase vehicles using deferred
                                                                                      payment contracts and include motor vehicles in the definition of a “commodity” for state
                                                                                      procurement purposes. These revisions would allow state agencies to finance vehicles
                                                                                      using the Department of Banking and Finance’s Consolidated Equipment Financing
                                                                                      Program.


02-21    Special Examination: Florida's Regulation                    DBF             To ensure that the entities licensed and regulated under Ch. 497, Florida Statutes, are
         of the Death Care Industry Has Many                                          timely examined and inspected, we recommend adopting a standardized and consistently
         Weaknesses, Results of a Joint                                               applied methodology for scheduling examinations that incorporates a consideration of
         Examination Conducted by the Office of                                       cemetery characteristics and the related risks. The department should also establish
         Program Policy Analysis and Government                                       policies and procedures to periodically monitor each regional office’s compliance with the
         Accountability and the Auditor General                                       adopted methodology.


                                                                      DBPR




December 2002         OPPAGA reports describing these recommendations can be found at our website --   http://www.oppaga.state.fl.us                         Page 15 of 25
OPPAGA                                               Progress
Report                                               Report
Number   Title                                       Number           Agency          Recommendation

02-21    Special Examination: Florida's Regulation                    DBF             To ensure that significant examination findings, errors, and other noncompliance issues
         of the Death Care Industry Has Many                                          are corrected timely, we recommend that the department adopt written policies and
         Weaknesses, Results of a Joint                                               procedures relative to the follow-up of examination and inspection findings that require
         Examination Conducted by the Office of                                       examiner verification of significant errors and other noncompliance with governing
         Program Policy Analysis and Government                                       statutes and rules.
         Accountability and the Auditor General


                                                                      DBPR



                                                                      DBF             To ensure that burial record errors are detected in a timely manner, we recommend that
                                                                                      the department revise its standard cemetery examination methodology to include a review
                                                                                      of relevant cemetery controls and detailed tests of burial records.


                                                                      DBPR



                                                                      DBF             To ensure that examinations are performed in accordance with department procedures,
                                                                                      we recommend that the department adopt a policy requiring the Bureau of Funeral and
                                                                                      Cemetery Services to conduct periodic monitoring reviews of each region's regulatory
                                                                                      activities, including those relating to the performance of examinations and inspections.
                                                                                      We also recommend that the department’s examination methodology be amended to
                                                                                      include provisions requiring that the contents of examination files be numbered or tabbed
                                                                                      and cross-referenced.


                                                                      DBPR



                                                                      DBF             To clarify legislative intent to regulate cemeteries, we recommend that s. 497.002, Florida
                                                                                      Statutes, be amended to require the department to place equal emphasis on regulating
                                                                                      cemeteries and pre-need funeral and burial sales. The section also should include a
                                                                                      statement of authority that makes it clear that the entity responsible for administering Ch.
                                                                                      497, Florida Statutes, has the authority to take enforcement action on all violations of the
                                                                                      law, including violations revealed via examinations, inspections, and consumer
                                                                                      complaints.


                                                                      DBPR




December 2002         OPPAGA reports describing these recommendations can be found at our website --    http://www.oppaga.state.fl.us                          Page 16 of 25
OPPAGA                                               Progress
Report                                               Report
Number   Title                                       Number           Agency          Recommendation

02-21    Special Examination: Florida's Regulation                    DBF             If it is the Legislature’s intent that licensees that violate major provisions of Ch. 497,
         of the Death Care Industry Has Many                                          Florida Statues, be subject to stronger enforcement action, we recommend that s.
         Weaknesses, Results of a Joint                                               497.133, Florida Statutes be revised to prescribe specific minimum disciplinary actions for
         Examination Conducted by the Office of                                       those violations considered to be the most serious violations. Furthermore, s. 497.119,
         Program Policy Analysis and Government                                       Florida Statutes, should be amended to designate which violations are intended to be
         Accountability and the Auditor General                                       mediation offenses.


                                                                      DBPR



                                                                      DBF             To ensure adequate information is provided to the department, we recommend that s.
                                                                                      497.201, Florida Statutes, be amended to require all licensed cemeteries, as well as all
                                                                                      new and existing cemeteries seeking licensure, to survey and plat the cemetery and
                                                                                      submit an official map of all sections, plots, avenues, walks, or other subdivisions to the
                                                                                      department or board for approval. Licensed cemeteries also should be required to file
                                                                                      updated maps with the department or board whenever changes are made to burial
                                                                                      grounds.


                                                                      DBPR



                                                                      DBF             To ensure adequate information is provided to consumers, we recommend that s.
                                                                                      497.333, Florida Statutes, be amended to require licensees to disclose additional
                                                                                      information to the public. Specifically, licensees should be required to give consumers a
                                                                                      current copy of licensee bylaws, regardless of whether the customer requests such
                                                                                      information. Licensees also should be required to provide consumers a map of the
                                                                                      cemetery and physical description of the purchased burial plot (e.g., plot dimensions). In
                                                                                      addition, licensees should be required to prominently display posters and brochures that
                                                                                      describe how the death care industry is regulated. The department already produces a
                                                                                      brochure describing pre-need funeral and cemetery sales; additional materials that
                                                                                      describe regulation of the entire death care industry and resolution of consumer
                                                                                      complaints should be developed and disseminated to the public.


                                                                      DBPR




December 2002         OPPAGA reports describing these recommendations can be found at our website --    http://www.oppaga.state.fl.us                           Page 17 of 25
OPPAGA                                                  Progress
Report                                                  Report
Number   Title                                          Number         Agency          Recommendation

02-21    Special Examination: Florida's Regulation                     DBF             To reduce regulatory fragmentation and increase efficiency, we recommend that
         of the Death Care Industry Has Many                                           responsibility to regulate death care professionals be consolidated within one agency,
         Weaknesses, Results of a Joint                                                with the existing boards combined into one. Although either the Department of Business
         Examination Conducted by the Office of                                        and Professional Regulation or the Department of Banking and Finance could oversee
         Program Policy Analysis and Government                                        the industry, we believe that DBPR is the more appropriate agency to regulate the death
         Accountability and the Auditor General                                        care industry.


                                                                       DBPR



02-13    Special Review: Adherence to Florida's                        DOR             OPPAGA recommends that the Legislature amend s.61.30, Florida Statutes, to require
         Child Support Guidelines Appears to Be                                        that information as to the amount of the child support guideline calculation and the judge's
         Improving                                                                     reasoning for significantly deviating from that amount be included in the final child support
                                                                                       order.


01-60    Justification Review: Agricultural                            DACS            To help ensure program accountability, OPPAGA recommends that the program develop
         Development Program Met Standards, But                                        and the Legislature adopt a new performance measure to show the percentage of
         Activities Should Become Financially Self-                                    economic development costs funded by the agricultural industry.
         Supporting


01-53    Justification Review: Some Funding Shifts                     DACS            The Legislature should amend statutes to authorize the Department of Agriculture and
         Are Possible for the State's Food Safety and                                  Consumer Services to assess a dairy product inspection fee levied at the bulk delivery
         Quality Program                                                               point and to charge a reinspection fee. If fees were established at levels needed to cover
                                                                                       direct and indirect costs, the program would generate an estimated $1.7 million in
                                                                                       additional revenues and no longer need general revenue for this function.


01-51    Justification Review: General Revenue                         DACS            If the Legislature wishes the Department of Agriculture and Consumer Services to explore
         Savings Possible in Consumer Protection                                       privatizing fair ride inspections, it should revise s. 616.242, Florida Statutes. If the
         Program                                                                       Legislature revises this statute, the department should cautiously proceed with
                                                                                       outsourcing fair ride inspections. Please see pages 15 and 16 of the report for more
                                                                                       details on this recommendation.


                                                                       DACS            To reduce the Consumer Protection Program’s need for general revenue funding, the
                                                                                       Legislature should consider revising statutes to require the department to establish
                                                                                       program fees at a level sufficient to cover its regulatory costs for pesticide regulation,
                                                                                       motor vehicle repair shops, and weights and measures regulation.




December 2002          OPPAGA reports describing these recommendations can be found at our website --    http://www.oppaga.state.fl.us                            Page 18 of 25
OPPAGA                                                Progress
Report                                                Report
Number   Title                                        Number           Agency          Recommendation

01-51    Justification Review: General Revenue                         DACS            To make more efficient use of fair ride inspection resources, the Legislature should revise
         Savings Possible in Consumer Protection                                       s. 616.242, Florida Statutes, to eliminate the requirement that the Department of
         Program                                                                       Agriculture and Consumer Service conduct inspections of temporary amusement devices
                                                                                       at each set-up and inspections of permanent amusement devices semi-annually, and
                                                                                       instead authorize the department to conduct these inspections using a risk-based system.


                                                                       DACS            The Legislature should revise statutes to establish a rider misbehavior law. This law
                                                                                       would require the ride patrons to obey posted rules and warnings and refrain from acting
                                                                                       in any manner that may cause or contribute to injuring the patron or others. Failure to do
                                                                                       so could result in a misdemeanor charge or civil penalty.


                                                                       DACS            To reduce duplicate administration of the Lemon Law, the Legislature should consolidate
                                                                                       administration within the Department of Legal Affairs. This would result in a staffing
                                                                                       reduction of one position and reduce program costs by $32,687.


01-36    Justification Review: Forest Protection                       DACS            The Legislature should change four performance measures.
         Program Meets Most Standards; Could                                           1. The measure “Number of acres burned through prescribed burning” should be replaced
         Achieve Further Savings                                                       with a measure that captures the percentage of acres treated for wildfire prevention and
                                                                                       management.
                                                                                       2. A new measure should be adopted to show the number of acres treated for wildfire
                                                                                       prevention and management in urban interface areas.
                                                                                       3. A new measure should be adopted to show the percentage of land management costs
                                                                                       funded from state forest activities.
                                                                                       4. A new measure should be adopted to show the percentage of forest land with certified
                                                                                       management plans.


                                                                       DACS            The Legislature should revise s. 125.27, Florida Statutes, so that the county fire
                                                                                       suppression fee is increased to 10 cents per acre for forestlands that are not operating
                                                                                       under the guidelines of the federal Forest Stewardship Program.


                                                                       DACS            To assist landowners in attaining and maintaining certification and reduce program costs,
                                                                                       the Legislature should provide incentives to promote certification in approved forest
                                                                                       stewardship land management plans.


                                                                       DACS            To save $175,000 annually, the Legislature should revise s. 590.01(e), Florida Statutes,
                                                                                       to eliminate the requirement that program staff complete a structural firefighting course.


00-22    Justification Review: Licensing Program Is   02-34            DOS             To improve Licensing Program operations, the Legislature should create separate trust
         Performing Well; Operations and Service                                       funds for the weapons and professions components to ensure accountability for the
         Can Be Improved                                                               receipts and expenditures of the separate licensing functions.



December 2002          OPPAGA reports describing these recommendations can be found at our website --    http://www.oppaga.state.fl.us                          Page 19 of 25
OPPAGA                                                  Progress
Report                                                  Report
Number   Title                                          Number         Agency          Recommendation

00-10    Justification Review: Corporations Program     02-28          DOS             Increase legislative budget flexibility by requiring program-generated funds to be
         Operates Well; Its Fee System Needs                                           deposited into general revenue rather than transferred to various trust funds.
         Streamlining


99-37    Special Review: Division of Land Sales,                       DBPR            The Legislature needs to address a number of issues relating to the regulation of mobile
         Condominiums, and Mobile Homes                                                home parks. These issues relate to improving disclosures made to residents of parks
         Improves Timeliness, But Faces Funding                                        and encouraging park owners to enforce their own park-specific rules.
         Issues


                                                                       DBPR            The Land Sales Program does not generate revenues sufficient to cover costs. The
                                                                                       Legislature needs to consider several funding alternatives to address the program's deficit.


                                                                       DBPR            The Legislature should remove master associations from regulation under the
                                                                                       Condominium Act (Ch. 718, Florida Statutes) and clarify that these associations are
                                                                                       subject to the provisions of Ch. 617, Florida Statutes, governing homeowners
                                                                                       associations.


99-05    Justification Review: Library, Archives, and   01-20          DOS             To eliminate confusion regarding records scheduling, we recommend that the Legislature
         Information Program                                                           amend statutory language related to retention of government documents. To facilitate
                                                                                       this process, we recommend that the Legislature direct the Bureau of Archives and
                                                                                       Records Management to provide it with an updated list of suggested language and
                                                                                       statutory citations that require clarification.


98-76    Justification Review for the Safety and        01-15          DLES            To maximize the efficient use of insurer audit resources, the Legislature should consider
         Workers' Compensation Program                                                 privatizing this function.


97-76    Program Evaluation & Justification Review      99-27          DOI             The Legislature should amend s. 943.13(4), Florida Statutes, to require law enforcement
         Florida Department of Law Enforcement                                         officers who are convicted of felonies or misdemeanors involving perjury to automatically
                                                                                       relinquish their certifications at the time of conviction rather than go through additional
                                                                                       administrative due process. These officers would then be prohibited from being employed
                                                                                       in law enforcement about six months sooner, and FDLE staff could more efficiently
                                                                                       process other cases.


96-88    Program Evaluation and Justification           98-82          DMS             The Legislature should consider increasing state employee parking fees.
         Review: Department of Management
         Services' Facilities Program




December 2002          OPPAGA reports describing these recommendations can be found at our website --    http://www.oppaga.state.fl.us                          Page 20 of 25
OPPAGA                                                Progress
Report                                                Report
Number   Title                                        Number          Agency          Recommendation

Health and Human Services                                                                         Frank Alvarez                   (850) 487- 9274

02-44    Special Review: Children's Advocacy                          DCF             The Joint Legislative Auditing Committee asked OPPAGA to assess options for what the
         Centers Appear Beneficial But Hate Limited                                   Legislature should do in the future regarding CACs. We identified four options for
         Accountability                                                               legislative consideration.
                                                                                      -- Discontinue funding for CACs
                                                                                      -- Provide funding to some CACs as Community Budget Request items
                                                                                      -- Establish a trust fund endowment that would provide funding for all CACs
                                                                                      -- Provide uniform statewide funding to CACs


02-09    Program Review: Legislative Options to                       DCF             To increase the efficiency and effectiveness of the department’s process for purchasing
         Control Rising Development Disabilities                                      program services, we recommend that the Legislature direct the department to take the
         Costs                                                                        actions discussed below.
                                                                                      --Limit reimbursement rates to those in the state Medicaid plan. Under the current Home
                                                                                      and Community-based Services Medicaid Waiver the department makes a number of
                                                                                      clients eligible for Medicaid services and also provides a higher reimbursement rate for
                                                                                      these services. The Legislature should amend s. 393.066, Florida Statutes, to require
                                                                                      state plan rates for Medicaid waiver services. We estimated cost savings of $3.9 million
                                                                                      if the department implemented this recommendation.
                                                                                      Footnote to recommendation: While some providers might refuse to provide services at
                                                                                      the lower rate, our analysis of personal care expenditures shows that more than half
                                                                                      hourly expenditures in Fiscal Year 2000-01 were for services in more urban areas where
                                                                                      providers should be more plentiful. That is, 56% of hourly personal care services were
                                                                                      provided in District 11 (Dade, Monroe), District 5 (Pasco and Pinellas), District 6
                                                                                      (Hillsborough, Manatee), and District 1 (Escambia, Walton, Okaloosa, and Santa Rosa).


                                                                      DCF             Purchase services in bulk, to the greatest extent possible. It would be much more
                                                                                      economical for the department to purchase services in bulk; we estimated cost savings of
                                                                                      $34.8 million annually if the department implemented this recommendation. To mandate
                                                                                      bulk purchasing, the Legislature should amend s. 393.066, Florida Statutes.


                                                                      DCF             Develop competitive bidding practices to take advantage of the state’s purchasing power.
                                                                                      A competitive Invitation to Bid process would result in more cost-effective purchasing
                                                                                      decisions. The Legislature should amend s. 393.066, Florida Statutes, to require districts
                                                                                      to use providers who would provide quality services at competitive rates.




December 2002         OPPAGA reports describing these recommendations can be found at our website --   http://www.oppaga.state.fl.us                          Page 21 of 25
OPPAGA                                                 Progress
Report                                                 Report
Number   Title                                         Number          Agency          Recommendation

02-09    Program Review: Legislative Options to                        DCF             To better control the growth of the Medicaid waiver, we recommend that the Legislature
         Control Rising Development Disabilities                                       take the actions discussed below.
         Costs                                                                         --Establish a cap, in proviso, on the number of new clients that could be served with each
                                                                                       year’s appropriation based on available funding. The Legislature should specify that new
                                                                                       funding would be used to serve up to a certain number of new consumers, based on
                                                                                       appropriations. The department would continue to serve clients already receiving
                                                                                       services and must be able to pay for the increasing needs of existing clients before
                                                                                       enrolling new clients. The exact limit on the number of new clients that would be served
                                                                                       would depend on the amount of the appropriation.


                                                                       DCF             Require the department to explore ways to develop a system to cap per-client spending
                                                                                       based on level of need, and develop a plan for limiting per-client spending. The
                                                                                       department should report its results to the Legislature no later than November 1, 2002.
                                                                                       Based on the department’s plan, the Legislature could establish cost parameters based
                                                                                       on client level of need for the 2003-04 fiscal year.


                                                                       DCF             To resolve the problems with the current assessment process, we recommend that the
                                                                                       Legislature amend s. 393.065, Florida Statutes, to require the department to adopt more
                                                                                       effective methods for assessing client needs. A better assessment process would allow
                                                                                       the department to plan for future growth of the program. In order for the Legislature to
                                                                                       successfully limit per-client spending, either through hard or soft caps, the Legislature
                                                                                       must resolve long-standing problems with the assessment process.


                                                                       DCF             We recommend that the Legislature direct the department to develop a plan to implement
                                                                                       a managed care pilot project in one of the 15 service districts to begin no later than Fiscal
                                                                                       Year 2003-04. The pilot should be established in a district with an appropriately large
                                                                                       number of Medicaid waiver consumers to test the feasibility of statewide implementation.
                                                                                       To ensure the validity of evaluation results, the department should test the reliability of
                                                                                       data collected for the project.


02-02    Program Review: Healthy Kids Slots Used;                      AHCA            We therefore recommend that the Healthy Kids Corporation use 2002 census data and
         Waiting Lists Eliminated, But Could Reoccur                                   the Institute of Child Health Policy study to determine unmet need for the Title XXI
         If Local Match Is Reinstated                                                  Healthy Kids Program and continue its policy of not reserving funds for counties with low
                                                                                       enrollment.




December 2002          OPPAGA reports describing these recommendations can be found at our website --    http://www.oppaga.state.fl.us                           Page 22 of 25
OPPAGA                                                 Progress
Report                                                 Report
Number   Title                                         Number          Agency          Recommendation

02-02    Program Review: Healthy Kids Slots Used;                      AHCA            We recommend that the Legislature consider the two options below regarding the local
         Waiting Lists Eliminated, But Could Reoccur                                   match policy.
         If Local Match Is Reinstated                                                  --Continue the local match requirement. If the Legislature wishes to continue the local
                                                                                       match requirement beginning in Fiscal Year 2002-03, it should consider directing the
                                                                                       corporation to adopt the multi-year proposal in the 2000 local match study, which reduces
                                                                                       the local match requirement over time. This approach reduces the local match to $7.1
                                                                                       million in the first year, $6 million in the second year, and $5 million in the third year.
                                                                                       --Permanently eliminate the local match requirement. If the Legislature wishes to
                                                                                       permanently eliminate the local match requirement, it should pass a substantive law to
                                                                                       amend s. 624.91, Florida Statutes. This would require a recurring funding source, which
                                                                                       could include the Tobacco Trust Fund, to replace the local match so that Healthy Kids
                                                                                       can continue covering as many children as it had with local dollars.


01-66    Justification Review: Services to Elders                      DOEA            We recommend that the Legislature require the department to closely monitor contract
         Program, Department of Elder Affairs                                          providers to ensure that the elder enrollees are receiving the adequate care they need to
                                                                                       delay or avoid nursing home placement and properly sanction contractors that do not
                                                                                       meet this desired outcome.


01-61    Justification Review: Expected Medicaid                       AHCA            We recommend that the Legislature take the actions described below.
         Savings Unrealized; Performance, Cost                                         Direct the agency to formally monitor key processes and functions that affect the health
         Information Not Timely for Legislative                                        status of Medicaid clients.
         Purposes


01-39    Justification Review: Medicaid Program                        AHCA            We recommend that the Legislature take the following action: direct the Agency for
         Integrity Efforts Recover Minimal Dollars,                                    Health Care Administration to develop and use detection and estimation methods that
         Sanctions Rarely Imposed, Stronger                                            maximize the likelihood of identifying and recovering Medicaid funds lost to fraud and
         Accountability Needed                                                         abuse.


01-38    Program Review: Legislature Should                            DCF             To ensure accountability for the excess federal earnings distribution program, we
         Establish Foster Care Excess Federal                                          recommend that the Legislature amend s. 409.1671(8), Florida Statutes, to require
         Earnings Program Despite Slow Start                                           participating providers to annually report to the department how they have used their
                                                                                       excess federal earnings.


01-27    Justification Review: Medicaid Disease                        AHCA            We recommend that the Legislature direct the Agency for Health Care Administration to
         Management Initiative Sluggish, Cost                                          redesign the disease management initiative from a disease-specific to a patient-focused
         Savings Not Determined, Design Changes                                        or holistic approach.
         Needed


                                                                       AHCA            We recommend that the Legislature require the Agency for Health Care Administration to
                                                                                       establish a defensible methodology to determine cost savings and ensure that
                                                                                       overpayments are recovered.



December 2002          OPPAGA reports describing these recommendations can be found at our website --    http://www.oppaga.state.fl.us                         Page 23 of 25
OPPAGA                                                  Progress
Report                                                  Report
Number   Title                                          Number         Agency          Recommendation

01-27    Justification Review: Medicaid Disease                        AHCA            We recommend that the Legislature require the Agency for Health Care Administration to
         Management Initiative Sluggish, Cost                                          report on initiative progress in meeting performance expectations, including health
         Savings Not Determined, Design Changes                                        outcomes and cost savings.
         Needed


                                                                       AHCA            We recommend that the Legislature require OPPAGA to complete a second review of the
                                                                                       initiative by December 31, 2002, that reports on whether legislative expectations
                                                                                       regarding cost savings and program outcomes are met.


01-24    Justification Review: Health Care                             AHCA            We recommend that the Legislature consider amending s. 395.0198, Florida Statutes, to
         Regulation Program Agency for Health Care                                     increase the adverse consequences to hospitals from failing to report adverse incidents to
         Administration                                                                the agency.


                                                                       AHCA            The Legislature should amend the Health Facilities and Services Development Act, s.
                                                                                       408.031 Florida Statutes, et seq., to eliminate the Certificate of Need Program.


01-14    Justification Review: Child Protection         02-16          DCF             We recommend that the Legislature consider making an additional revision to Ch. 409,
         Program                                                                       Florida Statutes, and expand the definition of a lead agency to include the Department of
                                                                                       Children and Families' district offices.


01-10    Justification Review: Growth in Medicaid                      AHCA            To promote using cost-effective therapies we recommend the Legislature require the
         Prescription Drug Costs Indicates Additional                                  agency to competitively bid contracts for Medicaid pharmacy networks.
         Prudent Purchasing Practices Are Needed


00-27    Justification Review: 72% of Youths            02-54          DCF             To address concerns about the methods used to assess children’s competency to
         Restored to Competency, Able to Move to                                       proceed with delinquency proceedings, we recommend that the Legislature amend Florida
         Delinquency Proceedings                                                       ’s juvenile competency statute to clarify that all children who are mentally retarded should
                                                                                       receive more than one evaluation of competency.


                                                                       DCF             The Legislature should establish a process to ensure that qualified professionals evaluate
                                                                                       children who potentially may be ordered into competency restoration training in a secure
                                                                                       residential environment.


00-17    Justification Review: Developmental                           DCF             The Legislature should direct the Department of Children and Families to develop a plan
         Disabilities Program Florida Department of                                    to close one or more state institutions for developmentally disabled individuals.
         Children and Families




December 2002          OPPAGA reports describing these recommendations can be found at our website --    http://www.oppaga.state.fl.us                         Page 24 of 25
OPPAGA                                               Progress
Report                                               Report
Number   Title                                       Number            Agency          Recommendation

00-16    Justification Review: Child Care Program                      DCF             The Legislature should amend s. 402.307(5), Florida Statutes, to require local child care
                                                                                       licensing authorities to report additional licensing and enforcement data as part of their
                                                                                       annual reports.


00-13    Justification Review: Mental Health                           DCF             The Legislature should provide for identified critical capital infrastructure projects needed
         Institutions Program                                                          at some mental health institutions in order to avoid more costly maintenance of these
                                                                                       facilities in future years.


00-12    Special Review: Effectiveness and                             DCF             The Legislature needs to revise the Jimmy Ryce Act to address the need to supervise
         Monitoring of Martin Treatment Center for                                     and treat committed individuals in the community as the final stage before release from
         Sexually Violent Predators                                                    the program.


                                                                       DOH



99-09    Justification Review of the Alcohol, Drug   01-34             DCF             The Legislature should consider a number of issues prior to expanding the scope of
         Abuse and Mental Health Program                                               managed care contracts for mental health and substance abuse clients, such as which
                                                                                       clients will be eligible for services and how managed care will be funded.


96-80    The Role of Area Agencies on Aging in       98-83             DOEA            If the Legislature wants to test the feasibility of allowing Area Agencies on Aging (AAAs)
         Providing Case Management Services to                                         to provide case management, it should amend s.430.204, Florida Statutes, or s.430.205,
         Florida's Elders                                                              Florida Statutes, to authorize one or more of the AAAs to provide case management on a
                                                                                       pilot basis. The pilot evaluation should identify any problems associated with allowing
                                                                                       AAAs to provide case management as well as assess the effect on costs and quality of
                                                                                       services.




December 2002          OPPAGA reports describing these recommendations can be found at our website --    http://www.oppaga.state.fl.us                           Page 25 of 25