Florida Senate - 2026                             CS for SB 1078
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Grall
       
       
       
       
       585-02414-26                                          20261078c1
    1                        A bill to be entitled                      
    2         An act relating to gubernatorial transition; creating
    3         s. 14.059, F.S.; defining terms; requiring the
    4         Governor to designate a transition liaison within the
    5         Executive Office of the Governor within a specified
    6         timeframe; providing duties of the transition liaison;
    7         requiring the head of each state agency to designate
    8         an agency transition liaison within a specified
    9         timeframe; providing duties of the agency transition
   10         liaisons; requiring the Department of Management
   11         Services and each state agency to provide certain
   12         temporary office facilities to certain persons during
   13         the transition period; requiring the department, upon
   14         request, to provide the Governor-elect and his or her
   15         staff with information technology and related
   16         resources for such transition period; requiring the
   17         Governor-elect to designate in writing the staff to be
   18         provided with such resources; requiring specified
   19         persons to sign a certain memorandum of understanding;
   20         requiring each state agency, upon request, to provide
   21         the Governor-elect and his or her staff with access to
   22         agency leadership personnel during the transition
   23         period; authorizing state agencies to assign limited
   24         personnel to assist the Governor-elect and his or her
   25         staff; requiring that the Governor-elect and his or
   26         her staff be granted access to all state agency
   27         records upon request; requiring that the Governor
   28         elect and persons designated by the Governor-elect be
   29         granted access to confidential and exempt records
   30         under certain conditions; providing criminal
   31         penalties; amending s. 14.057, F.S.; conforming
   32         provisions to changes made by the act; providing an
   33         effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Section 14.059, Florida Statutes, is created to
   38  read:
   39         14.059Gubernatorial transition; coordination, access, and
   40  agency obligations.—
   41         (1)As used in this section, the term:
   42         (a)“State agency” means an executive branch agency the
   43  head of which is appointed solely by the Governor.
   44         (b)“Transition period” means the period beginning on the
   45  day the Elections Canvassing Commission certifies the results of
   46  a general election in a year in which the Governor is elected
   47  and ending on the day the Governor-elect is inaugurated as
   48  Governor. The term does not include any period following the
   49  reelection of an incumbent Governor to a second consecutive
   50  term.
   51         (2)No later than the 10th day after the primary election,
   52  the Governor shall designate a transition liaison within the
   53  Executive Office of the Governor. The transition liaison shall:
   54         (a)Serve as the primary point of contact between the
   55  current administration and the Governor-elect and his or her
   56  staff.
   57         (b)Oversee and coordinate transition planning and
   58  operations with state agencies.
   59         (c)Create a transition directory that summarizes the
   60  statutory authority, programs, functions, and organizational
   61  structure of each state agency. The transition directory must be
   62  delivered to the Governor-elect within 3 days after the
   63  beginning of the transition period.
   64         (d)Create and coordinate transition training, orientation,
   65  and briefings for the Governor-elect and his or her staff which
   66  cover:
   67         1.The organizational structure of the executive branch of
   68  state government.
   69         2.Administrative processes of state agencies, including
   70  personnel systems.
   71         3.Public records and meeting requirements.
   72         4.Ethics and financial disclosure laws.
   73         5.Rulemaking procedures under the Administrative Procedure
   74  Act.
   75         6.State budgeting and financial management processes.
   76         7.Any additional subject identified by the Governor-elect
   77  and determined by the transition liaison to be reasonably
   78  necessary to support an orderly transition between
   79  administrations and the continuity of state agency operations.
   80         (e)Establish instructions and guidance for agency
   81  transition liaisons regarding the preparation, content, and
   82  delivery of standardized briefing books under paragraph (3)(b).
   83         (3)No later than the 10th day after the primary election,
   84  the head of each state agency shall designate an agency
   85  transition liaison. The agency transition liaison shall:
   86         (a)Serve as the primary point of contact between the
   87  agency and the transition liaison.
   88         (b)Prepare standardized briefing books in accordance with
   89  instructions and guidance established by the transition liaison.
   90  The briefing books shall be delivered to the Governor-elect
   91  within 3 days after the beginning of the transition period and
   92  shall:
   93         1.Outline the agency’s organizational structure, mission,
   94  programs, budget, major contracts, recently concluded and
   95  pending litigation, and rulemaking activity.
   96         2.Identify all agency leadership personnel, including the
   97  chief of staff, general counsel, deputy chiefs of staff, deputy
   98  secretaries, division directors, and bureau chiefs.
   99         3.Include any information deemed necessary by the
  100  transition liaison to support an orderly transition between
  101  administrations and the continuity of state agency operations.
  102         (4)(a)1.The Department of Management Services shall
  103  provide the Governor-elect, his or her staff, and the
  104  inauguration staff with temporary office facilities in the
  105  Capitol Center during the transition period.
  106         2.Each state agency shall provide temporary office space
  107  within the agency headquarters for use by the Governor-elect and
  108  his or her staff during the transition period.
  109         (b)1.Upon request of the Governor-elect, the Department of
  110  Management Services shall provide the Governor-elect and his or
  111  her staff with information technology and related resources
  112  necessary for transition operations during the transition
  113  period. The Governor-elect must designate in writing each person
  114  to be provided with information technology and related services.
  115  At a minimum, information technology and related services
  116  include:
  117         a.Computers and any necessary equipment for their use.
  118         b.Secure e-mail accounts.
  119         c.Cybersecurity training and monitoring.
  120         d.Technical assistance related to the use of the
  121  information technology.
  122         2.Before the Governor-elect or a designee of the Governor
  123  elect is provided with information technology, he or she must
  124  sign a memorandum of understanding acknowledging that he or she
  125  will adhere to state cybersecurity practices and will return the
  126  information technology to the department upon conclusion of the
  127  transition period.
  128         (5)(a)Upon request and in coordination with the transition
  129  liaison, each state agency shall provide the Governor-elect and
  130  his or her staff with access to agency leadership personnel
  131  during the transition period, including the chief of staff,
  132  general counsel, deputy chiefs of staff, deputy secretaries,
  133  division directors, and bureau chiefs.
  134         (b)Each state agency may assign limited personnel to
  135  assist the Governor-elect and his or her staff during the
  136  transition period to the extent consistent with the agency’s
  137  operational needs.
  138         (6)(a)During the transition period, the Governor-elect and
  139  his or her staff shall be granted access to all state agency
  140  records upon request.
  141         (b)1.During the transition period, the Governor-elect and
  142  persons designated by the Governor-elect shall be granted access
  143  to records that are confidential or exempt from s. 119.07(1) or
  144  s. 24(a), Art. I of the State Constitution. The Governor-elect
  145  must designate in writing each person who must be granted access
  146  to such records. No more than one person per temporary office
  147  provided pursuant to paragraph (4)(a) may be designated by the
  148  Governor-elect under this paragraph.
  149         2.Before accessing any confidential or exempt records, the
  150  Governor-elect and his or her designees must sign a memorandum
  151  of understanding acknowledging that:
  152         a.Such records will remain confidential or exempt.
  153         b.Disclosure of such records or the information contained
  154  therein is prohibited unless specifically authorized by law.
  155         c.All records will be returned to the custodian at the
  156  conclusion of the transition period.
  157         d.The Governor-elect and his or her designees may not
  158  disclose or use confidential or exempt information for their
  159  personal gain or benefit or for the personal gain or benefit of
  160  any other person or business entity.
  161         e.A violation of sub-subparagraphs a. through d. is a
  162  crime punishable as a felony of the third degree.
  163         3.Any person who willfully and knowingly violates this
  164  paragraph commits a felony of the third degree, punishable as
  165  provided in s. 775.082 or s. 775.083.
  166         Section 2. Subsection (2) of section 14.057, Florida
  167  Statutes, is amended to read:
  168         14.057 Governor-elect; establishment of operating fund.—
  169         (2)The Department of Management Services shall provide for
  170  the Governor-elect, the Governor-elect’s staff, and the
  171  inauguration staff temporary office facilities in the capitol
  172  center for the period extending from the day of the
  173  certification of the Governor-elect’s election by the Elections
  174  Canvassing Commission to the day of his or her inauguration.
  175         Section 3. This act shall take effect upon becoming a law.