Florida Senate - 2012 SB 2036 By the Committee on Rules 595-01993-12 20122036__ 1 A bill to be entitled 2 An act relating to the outsourcing or privatization of 3 agency functions; amending s. 216.023, F.S.; providing 4 that certain information relating to the outsourcing 5 or privatization of an agency function that is 6 expressly required by law is not required to be 7 included in the agency’s legislative budget request 8 until after the contract for such functions is 9 executed; amending s. 287.0571, F.S.; providing that 10 procurements for outsourcing or privatizing agency 11 functions that are expressly required by law are 12 exempt from the requirement that they be evaluated for 13 feasibility, cost-effectiveness, and efficiency; 14 amending s. 944.105, F.S.; providing that certain 15 requirements that apply to Department of Corrections’ 16 contracts do not apply to contracts for outsourcing or 17 privatizing the operation and maintenance of 18 correctional facilities which are expressly required 19 by law; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Paragraph (a) of subsection (4) of section 24 216.023, Florida Statutes, is amended to read: 25 216.023 Legislative budget requests to be furnished to 26 Legislature by agencies.— 27 (4)(a) The legislative budget request
must containfor each 28 program must contain: 29 1. The constitutional or statutory authority for a program, 30 a brief purpose statement, and approved program components. 31 2. Information on expenditures for 3 fiscal years (actual 32 prior-year expenditures, current-year estimated expenditures, 33 and agency budget requested expenditures for the next fiscal 34 year) by appropriation category. 35 3. Details on trust funds and fees. 36 4. The total number of positions (authorized, fixed, and 37 requested). 38 5. An issue narrative describing and justifying changes in 39 amounts and positions requested for current and proposed 40 programs for the next fiscal year. 41 6. Information resource requests. 42 7. Supporting information, including applicable cost 43 benefit analyses, business case analyses, performance 44 contracting procedures, service comparisons, and impacts on 45 performance standards for any agency request to outsource or 46 privatize agency functions. The cost-benefit and business case 47 analyses must include an assessment of the impact on each 48 affected activity from those identified in accordance with 49 paragraph (b). Performance standards must include standards for 50 each affected activity and be expressed in terms of the 51 associated unit of activity. This subparagraph does not apply to 52 the outsourcing or privatization of agency functions expressly 53 required by the General Appropriation Act or any other law until 54 the first legislative budget request submitted by the agency 55 after the contract for the outsourcing and privatization has 56 been executed. 57 8. An evaluation of any major outsourcing and privatization 58 initiatives undertaken during the last 5 fiscal years having 59 aggregate expenditures exceeding $10 million during the term of 60 the contract. The evaluation must shallinclude an assessment of 61 contractor performance, a comparison of anticipated service 62 levels to actual service levels, and a comparison of estimated 63 savings to actual savings achieved. Consolidated reports issued 64 by the Department of Management Services may be used to satisfy 65 this requirement. This subparagraph does not apply to the 66 outsourcing or privatization of agency functions expressly 67 required by the General Appropriation Act or any other law until 68 the first legislative budget request submitted by the agency 69 after the contract for the outsourcing and privatization has 70 been executed. 71 9. Supporting information for any proposed consolidated 72 financing of deferred-payment commodity contracts including 73 guaranteed energy performance savings contracts. Supporting 74 information must also include narrative describing and 75 justifying the need, baseline for current costs, estimated cost 76 savings, projected equipment purchases, estimated contract 77 costs, and return on investment calculation. 78 10. For projects requested by an agency which thatexceed 79 $10 million in total cost, the statutory reference of the 80 existing policy or the proposed substantive policy that 81 establishes and defines the project’s governance structure, 82 planned scope, main business objectives that must be achieved, 83 and estimated completion timeframes. Information technology 84 budget requests for the continuance of existing hardware and 85 software maintenance agreements, renewal of existing software 86 licensing agreements, or the replacement of desktop units with 87 new technology that is similar to the technology currently in 88 use are exempt from this requirement. This subparagraph does not 89 apply to the outsourcing or privatization of agency functions 90 expressly required by the General Appropriation Act or any other 91 law until the first legislative budget request submitted by the 92 agency after the contract for the outsourcing and privatization 93 has been executed. 94 Section 2. Paragraph (e) is added to subsection (3) of 95 section 287.0571, Florida Statutes, to read: 96 287.0571 Business case to outsource; applicability.— 97 (3) This section does not apply to: 98 (e) A procurement for the outsourcing or privatization of 99 agency functions expressly directed to be outsourced or 100 privatized by the General Appropriation Act or any other law, 101 except s. 944.7115. 102 Section 3. Subsection (9) is added to section 944.105, 103 Florida Statutes, to read: 104 944.105 Contractual arrangements with private entities for 105 operation and maintenance of correctional facilities and 106 supervision of inmates.— 107 (9) This section does not apply to a contract for the 108 outsourcing or privatization of the operation and maintenance of 109 correctional facilities expressly directed to be outsourced or 110 privatized by the General Appropriation Act or any other law. 111 Section 4. This act shall take effect July 1, 2012.