Florida Senate - 2012         (PROPOSED COMMITTEE BILL) SPB 7170
       
       
       
       FOR CONSIDERATION By the Committee on Rules
       
       
       
       
       595-01890-12                                          20127170__
    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 contain for 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 shall include 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 that exceed
   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.