ENROLLED
2009 Legislature CS for SB 44-A, 1st Engrossed
200944Aer
1
2 An act relating to governmental operations; requiring
3 state agencies to review existing and proposed
4 contracts for the purpose of reducing contract
5 payments; authorizing agencies to renegotiate
6 contracts; providing for future expiration of such
7 provisions; establishing the policy of the state
8 concerning limitations on travel by state employees
9 for a specified period; providing for certain
10 exceptions; requiring that agencies consider using
11 electronic communications; requiring the Office of
12 Program Policy Analysis and Government Accountability,
13 in consultation with the Department of Management
14 Services, to develop recommendations regarding the
15 prudent issuance and use of state-owned wireless
16 communications devices; requiring a report to the
17 Legislature; requiring the Department of Management
18 Services to compile a list of and review state-owned
19 surplus real property of greater than a specified
20 value; providing requirements for the review;
21 requiring a report to the Legislature and the
22 Executive Office of the Governor; requiring that the
23 Chief Financial Officer consider methods to ensure
24 that state agencies receive the maximum federal funds
25 to which the state is entitled; requiring the Chief
26 Financial Officer to make recommendations to the
27 Office of Policy and Budget and the legislative
28 appropriations committees; requiring each state agency
29 to ensure the receipt of maximum federal funds to
30 which the agency is entitled based on its current
31 services; requiring the Office of Program Policy
32 Analysis and Government Accountability to examine
33 whether a private entity should be used to recover
34 fraudulent Medicaid claims; requiring the office to
35 assess the feasibility of consolidating statewide
36 pharmaceutical services for state agencies; requiring
37 the office to examine the use of alternative
38 placements for low-risk inmates; requiring that the
39 office submit reports to the President of the Senate
40 and the Speaker of the House of Representatives by a
41 specified date; providing an effective date.
42
43 Be It Enacted by the Legislature of the State of Florida:
44
45 Section 1. Notwithstanding any provision of law to the
46 contrary, each state agency shall review existing and proposed
47 contracts with private providers and public-private providers in
48 an effort to reduce contract payments. It is the statewide goal
49 to achieve substantial savings; however, it is the intent of the
50 Legislature that the level and quality of services not be
51 affected. Each agency may renegotiate contracts consistent with
52 this section. The Legislature intends that its substantive and
53 fiscal committees will review the results of this effort and the
54 effectiveness of each agency in meeting the goal. This section
55 expires July 1, 2009.
56 Section 2. It is the policy of the state that funds
57 appropriated to each state agency which may be used for travel
58 by state employees be limited, until July 1, 2009, to travel for
59 activities that are critical to the state agency's mission.
60 Funds may not be used to pay for travel by state employees to
61 foreign countries, other states, conferences, staff-training
62 activities, or other administrative functions unless the
63 respective agency head has determined that such activities are
64 critical to the agency's mission. Travel for law enforcement
65 purposes, military purposes, emergency management activities,
66 and public health activities is not covered by this section. The
67 agency head, or his or her designee, must consider the use of
68 teleconferencing and other forms of electronic communication to
69 meet the needs of the proposed activity before approving
70 mission-critical travel.
71 Section 3. (1) The Office of Program Policy Analysis and
72 Government Accountability, in consultation with the Department
73 of Management Services, shall develop recommendations regarding
74 the prudent issuance and use of state-owned wireless
75 communications devices, including wireless telephones, personal
76 digital assistants, and other electronic devices. In developing
77 these recommendations, the office shall consider, at a minimum:
78 (a) The need for the wireless communications device;
79 (b) The need for the employee to be available via such
80 wireless communications device;
81 (c) The accountability for issuance of wireless
82 communications devices;
83 (d) The possibility of sharing wireless communications
84 devices;
85 (e) Methods to reduce the issuance and use of wireless
86 communications devices;
87 (f) Whether reimbursing employees for calls on personal
88 wireless telephones might be cost-effective in some instances;
89 (g) What controls are necessary for the prudent management
90 of such wireless communications devices; and
91 (h) Any available cost-saving measures that could be
92 considered.
93 (2) The office shall report its findings and estimated cost
94 savings to the President of the Senate and the Speaker of the
95 House of Representatives by March 3, 2009.
96 Section 4. The Department of Management Services shall
97 compile a list of all state-owned surplus real property that has
98 a value greater than $1,000 in order to determine potential cost
99 savings and revenue opportunities from the sale or lease of
100 assets. The review shall include a cost-benefit analysis of any
101 proposed facility disposition, including the facility’s current
102 operating expenses, condition, projected capital depreciation
103 costs, and market value, and the effect of the proposed
104 facility’s disposition on the state’s financial status,
105 including the effect on rental rates and the coverage
106 requirement for bonds. In addition, the review shall identify
107 current contracts for leased office space in which the leased
108 space is not fully used or occupied and include a plan for
109 contract renegotiation or subletting unoccupied space. The
110 department shall submit a report of its findings and
111 recommendations to the President of the Senate, the Speaker of
112 the House of Representatives, and the Executive Office of the
113 Governor by March 3, 2009.
114 Section 5. (1) The Chief Financial Officer, as head of the
115 Department of Financial Services, shall consider methods to
116 ensure that state agencies receive the maximum amount of federal
117 funds to which the state is entitled based on the services it
118 currently provides. The Chief Financial Officer shall make
119 initial recommendations to the Office of Policy and Budget and
120 the legislative appropriations committees by March 3, 2009.
121 (2) Each state agency shall review its operations to ensure
122 that the state receives the maximum amount of federal funds to
123 which it is entitled based on the services the agency currently
124 provides.
125 Section 6. The Office of Program Policy Analysis and
126 Government Accountability shall examine the option of
127 contracting with a private entity to identify and recover
128 fraudulent Medicaid claims on a contingency-fee basis and submit
129 its findings and recommendations to the President of the Senate
130 and the Speaker of the House of Representatives by March 3,
131 2009.
132 Section 7. The Office of Program Policy Analysis and
133 Government Accountability shall conduct a review to assess the
134 feasibility of consolidating statewide pharmaceutical services
135 for state agencies, including the purchasing, repackaging, and
136 dispensing of pharmaceuticals. The office shall submit its
137 report to the President of the Senate and the Speaker of the
138 House of Representatives by March 3, 2009.
139 Section 8. The Office of Program Policy Analysis and
140 Government Accountability shall examine the option of expanding
141 the use of alternative inmate placements, such as work-release
142 and work camps, for low-risk inmates and submit its findings and
143 recommendations to the President of the Senate and the Speaker
144 of the House of Representatives by March 3, 2009.
145 Section 9. This act shall take effect upon becoming a law.