House Bill 3619

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    Florida House of Representatives - 1998                HB 3619

        By Representatives Culp, Effman, Trovillion and Gay






  1                      A bill to be entitled

  2         An act relating to computers; creating s.

  3         14.025, F.S., relating to the Governor;

  4         recognizing the potential computer problems

  5         that may occur in state agencies due to the

  6         date change necessitated by the year 2000;

  7         authorizing the Governor to reassign resources

  8         in the event of a likely computer failure;

  9         authorizing the Administration Commission to

10         reassign resources if an agency headed by the

11         Governor and Cabinet or a Cabinet officer is

12         likely to experience a computer failure;

13         requiring the reassignment of resources to

14         conform with the law governing budget

15         amendments; requiring the reassignment of

16         personnel to conform with the law governing

17         employee interchanges; requiring legislative

18         approval if a reassignment of resources is

19         necessary for more than 90 days; authorizing

20         legislative veto of the reassignment of state

21         resources; providing for repeal of the powers

22         granted to the Governor; amending ss. 112.24

23         and 112.27, F.S., relating to employee

24         interchange programs; clarifying that state

25         agencies may exchange employees; creating s.

26         282.4045, F.S.; providing legislative findings

27         relating to the adequacy of the state's actions

28         to prevent year 2000 computer failures;

29         protecting the state and units of local

30         government against legal actions that result

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    Florida House of Representatives - 1998                HB 3619

    569-139A-98






  1         from a year 2000 computer date calculation

  2         failure; providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Section 14.025, Florida Statutes, is

  7  created to read:

  8         14.025  Executive powers for year 2000 computer

  9  remediation.--

10         (1)  In the event the Governor believes that a computer

11  system may fail related to the impending date change

12  necessitated by the year 2000, or in the event of a computer

13  system failure related to the date change necessitated by the

14  year 2000, the Governor may reassign resources, including

15  personnel, from one or more agencies or departments to the

16  agency with the projected or actual computer system failure.

17  If this agency is under the control of the Governor, and the

18  agencies affected by the reassignment of resources also are

19  under the control of the Governor, the actions and decisions

20  of the Governor with respect to the reassignment of resources

21  are final. If the transfer is from an agency under the control

22  of the Governor to an agency under the control of the Governor

23  and Cabinet or the transfer is from an agency under the

24  control of the Governor and Cabinet to an agency under the

25  control of the Governor, the recommendation by the Governor

26  shall be forwarded to the Administration Commission for

27  approval.

28         (2)  If a year 2000 computer system failure occurs, or

29  is predicted to occur, in an agency under the control of the

30  Governor and Cabinet, and the Governor recommends the

31  reassignment of resources, including personnel, from an agency

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    Florida House of Representatives - 1998                HB 3619

    569-139A-98






  1  under the control of the Governor and Cabinet, such

  2  recommendation by the Governor shall be forwarded to the

  3  Administration Commission for approval.

  4         (3)  If a year 2000 computer system failure occurs, or

  5  is predicted to occur, in an agency under the control of a

  6  Cabinet officer, and the Governor recommends the reassignment

  7  of resources, including personnel, from an agency under the

  8  control of a Cabinet officer, such recommendation by the

  9  Governor shall be forwarded to the Administration Commission

10  for approval.

11         (4)  Notwithstanding ss. 216.292 and 216.351, or any

12  other law to the contrary, moneys reassigned related to a

13  predicted or actual year 2000 computer system failure must be

14  transferred as specified by s. 216.177. The Governor shall

15  follow the process in part II of chapter 112 in transferring

16  personnel among affected agencies. The transfer of personnel

17  or moneys for more than 90 days must have the concurrence of

18  the President of the Senate, the Speaker of the House of

19  Representatives, and a majority of the members of each of the

20  House and Senate fiscal committees.

21         (5)  The Legislature may, by concurrent resolution,

22  terminate the reassignment of state resources made pursuant to

23  this section.

24         (6)  This section is repealed July 1, 2003. 

25         Section 2.  The introductory paragraph of section

26  112.24, Florida Statutes, is amended to read:

27         112.24  Intergovernmental transfer and interchange of

28  public employees.--To encourage economical and effective

29  utilization of public employees in this state, the temporary

30  assignment of employees among agencies of government, both

31  state and local, and including school districts and public

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    Florida House of Representatives - 1998                HB 3619

    569-139A-98






  1  institutions of higher education is authorized under terms and

  2  conditions set forth in this section.  State agencies,

  3  municipalities, and political subdivisions are authorized to

  4  enter into employee interchange agreements with other state

  5  agencies, the Federal Government, with another state, a with

  6  another municipality, or a political subdivision including a

  7  school district, or with a public institution of higher

  8  education.  State agencies are also authorized to enter into

  9  employee interchange agreements with private institutions of

10  higher education and other nonprofit organizations under the

11  terms and conditions provided in this section.  In addition,

12  the Governor or the Governor and Cabinet may enter into

13  employee interchange agreements with a state agency, the

14  Federal Government, with another state, with a municipality,

15  or a political subdivision including a school district, or

16  with a public institution of higher learning to fill, subject

17  to the requirements of chapter 20, appointive offices which

18  are within the executive branch of government and which are

19  filled by appointment by the Governor or the Governor and

20  Cabinet.  Under no circumstances shall employee interchange

21  agreements be utilized for the purpose of assigning

22  individuals to participate in political campaigns. Duties and

23  responsibilities of interchange employees shall be limited to

24  the mission and goals of the agencies of government.

25         Section 3.  Subsection (1) of section 112.27, Florida

26  Statutes, is amended to read:

27         112.27  Authority to interchange employees.--

28         (1)  Any department, agency, or instrumentality of the

29  state is authorized to participate in a program of interchange

30  of employees with departments, agencies, or instrumentalities

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    Florida House of Representatives - 1998                HB 3619

    569-139A-98






  1  of the state, the federal government, or another state, as a

  2  sending or receiving agency.

  3         Section 4.  Section 282.4045, Florida Statutes, is

  4  created to read:

  5         282.4045  Immunity for state agencies and units of

  6  local government for year 2000 computer date calculation

  7  failures.--

  8         (1)  The Legislature finds that the state and units of

  9  local government have taken due care to prepare for the date

10  change that will accompany the year 2000.  Beginning early in

11  the 1990s, the state alerted its departments and agencies of

12  the potential computer problems that may accompany the year

13  2000 date change. In 1997, the state hired a consultant

14  experienced in planning for and addressing the changes

15  necessitated by the year 2000. The state also established an

16  office in the Governor's Office of Planning and Budgeting to

17  coordinate the efforts of the consultant, state agencies, and

18  local entities in identifying and finding solutions for

19  potential year 2000 computer system problems. It is estimated

20  that state agencies will spend between $75 and $90 million in

21  remediation costs to prevent computer failures and date

22  miscalculations. The efforts of the state are ongoing with

23  respect to year 2000 remediation. The state has acted with

24  diligence in addressing the year 2000 issue and in providing

25  remedies when problems are identified. All of these actions

26  have been taken in an effort to ensure the continuity of state

27  services to the citizens of Florida as the 20th century nears

28  an end.

29         (2)  There shall be no cause of action at law, nor

30  administrative actions maintained, against the state, its

31  agencies or instrumentalities, or any unit of local government

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    Florida House of Representatives - 1998                HB 3619

    569-139A-98






  1  for actions or inactions that are attributable to a year 2000

  2  computer date calculation failure, and there shall be no

  3  waiver of sovereign immunity with respect to the same.

  4         Section 5.  This act shall take effect upon becoming a

  5  law.

  6

  7            *****************************************

  8                          HOUSE SUMMARY

  9
      Authorizes the Governor to transfer resources between
10    agencies in the event of a computer failure that may
      occur in state agencies due to the date change
11    necessitated by the year 2000. Authorizes the
      Administration Commission to reassign resources if an
12    agency headed by the Governor and Cabinet or a Cabinet
      officer is likely to experience a computer failure.
13    Provides procedures with respect to such transfers.
      Provides that there shall be no cause of action at law,
14    nor administrative actions maintained, against the state,
      its agencies or instrumentalities, or any unit of local
15    government for actions or inactions that are attributable
      to a year 2000 computer date calculation failure, and
16    there shall be no waiver of soveign immunity with respect
      to the same. See bill for details.
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