Senate Bill sb2518c2
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By the Committees on Ways and Means; Governmental Oversight
and Productivity; and Senator Argenziano
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1 A bill to be entitled
2 An act relating to procurement of contractual
3 services by a state agency; amending s.
4 287.057, F.S.; prohibiting a state agency from
5 renewing or amending a contract for outsourcing
6 under certain conditions; requiring certain
7 qualifications for persons chosen to conduct
8 negotiations during specified procurements;
9 requiring the department to adopt rules
10 governing those qualifications; requiring that
11 a specified statement be included in
12 procurements of commodities and services which
13 prohibits contact between respondents and
14 specified employees of the executive and
15 legislative branches; creating s. 287.0571,
16 F.S.; creating the Florida Efficient Government
17 Act; providing legislative intent; providing
18 that procurements of specified commodities and
19 services are not subject to the act; creating
20 s. 287.05721, F.S.; providing definitions;
21 creating s. 287.0573, F.S.; creating the
22 Council on Efficient Government; providing the
23 purpose and membership of the council;
24 providing duties and responsibilities of the
25 council; requiring the council to review and
26 issue advisory reports on certain state agency
27 procurements; requiring the department to
28 employ adequate number of staff; requiring the
29 Secretary of Management Services to appoint an
30 executive director; requiring state agencies to
31 submit materials required by the council;
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1 creating s. 287.0574, F.S.; providing
2 requirements for certain business cases to
3 outsource by a state agency; requiring a state
4 agency to develop a business case that
5 describes and analyzes a contractual services
6 procurement under consideration; providing that
7 the business case is not subject to challenge
8 or protest under the Administrative Procedure
9 Act; providing required components of a
10 business case; providing contract requirements
11 for an outsourcing procurement; amending s.
12 287.058, F.S.; providing that a contract may
13 not prohibit a contractor from lobbying the
14 executive or legislative branches concerning
15 specified contract issues, within specified
16 time lines; creating s. 287.074, F.S.;
17 requiring that only public officers or
18 employees perform certain functions;
19 prohibiting a contractor from participating in
20 the procurement of contractual services by a
21 state agency; repealing s. 14.203, F.S.,
22 relating to the State Council on Competitive
23 Government; providing appropriations; providing
24 that certain state agencies are subject to the
25 act; amending s. 119.071, F.S.; deleting a
26 cross-reference; defining the term "commerical
27 activity" for purposes of a provision
28 authorizing the release of social security
29 numbers; providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Paragraph (a) of subsection (14) and
2 paragraph (b) of subsection (17) of section 287.057, Florida
3 Statutes, are amended, and subsection (26) is added to that
4 section, to read:
5 287.057 Procurement of commodities or contractual
6 services.--
7 (14)(a) Contracts for commodities or contractual
8 services may be renewed for a period that may not exceed 3
9 years or the term of the original contract, whichever period
10 is longer. Renewal of a contract for commodities or
11 contractual services shall be in writing and shall be subject
12 to the same terms and conditions set forth in the initial
13 contract. If the commodity or contractual service is purchased
14 as a result of the solicitation of bids, proposals, or
15 replies, the price of the commodity or contractual service to
16 be renewed shall be specified in the bid, proposal, or reply.
17 A renewal contract may not include any compensation for costs
18 associated with the renewal. Renewals shall be contingent upon
19 satisfactory performance evaluations by the agency and subject
20 to the availability of funds. Exceptional purchase contracts
21 pursuant to paragraphs (5)(a) and (c) may not be renewed. With
22 the exception of s. 287.057(13), if a contract amendment
23 results in a longer contract term or increased payments, a
24 state agency may not renew or amend a contract for the
25 outsourcing of a service or activity that has an original term
26 value exceeding the sum of $10 million before submitting a
27 written report concerning contract performance to the
28 Governor, the President of the Senate, and the Speaker of the
29 House of Representatives at least 90 days before execution of
30 the renewal or amendment.
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1 (17) For a contract in excess of the threshold amount
2 provided in s. 287.017 for CATEGORY FOUR, the agency head
3 shall appoint:
4 (b) At least three persons to conduct negotiations
5 during a competitive sealed reply procurement who collectively
6 have experience and knowledge in negotiating contracts,
7 contract procurement, and the program areas and service
8 requirements for which commodities or contractual services are
9 sought. When the value of a contract is in excess of $1
10 million in any fiscal year, at least one of the persons
11 conducting negotiations must be certified as a contract
12 negotiator based upon rules adopted by the Department of
13 Management Services in order to ensure that certified contract
14 negotiators are knowledgeable about effective negotiation
15 strategies, capable of successfully implementing those
16 strategies, and involved appropriately in the procurement
17 process. At a minimum, the rules must address the
18 qualifications required for certification, the method of
19 certification, and the procedure for involving the certified
20 negotiator. If the value of a contract is in excess of $10
21 million in any fiscal year, at least one of the persons
22 conducting negotiations must be a Project Management
23 Professional, as certified by the Project Management
24 Institute.
25 (26) Each solicitation for the procurement of
26 commodities or contractual services shall include the
27 following provision: "Respondents to this solicitation or
28 persons acting on their behalf may not contact, between the
29 release of the solicitation and the end of the 72-hour period
30 following the agency posting the notice of intended award,
31 excluding Saturdays, Sundays, and state holidays, any employee
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1 or officer of the executive or legislative branch concerning
2 any aspect of this solicitation, except in writing to the
3 procurement officer or as provided in the solicitation
4 documents. Violation of this provision may be grounds for
5 rejecting a response."
6 Section 2. Section 287.0571, Florida Statutes, is
7 created to read:
8 287.0571 Applicability of ss. 287.0571-287.0574.--
9 (1) Sections 287.0571-287.0574 may be cited as the
10 "Florida Efficient Government Act."
11 (2) It is the intent of the Legislature that each
12 state agency focus on its core mission and deliver services
13 effectively and efficiently by leveraging resources and
14 contracting with private-sector vendors whenever vendors can
15 more effectively and efficiently provide services and reduce
16 the cost of government.
17 (3) It is further the intent of the Legislature that
18 business cases to outsource be evaluated for feasibility,
19 cost-effectiveness, and efficiency before a state agency
20 proceeds with any outsourcing of services.
21 (4) Sections 287.0571-287.0574 do not apply to:
22 (a) A procurement of commodities and contractual
23 services listed in s. 287.057(5)(e), (f), and (g) and (22).
24 (b) A procurement of contractual services subject to
25 s. 287.055.
26 (c) A contract in support of the planning,
27 development, implementation, operation, or maintenance of the
28 road, bridge, and public transportation construction program
29 of the Department of Transportation.
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1 (d) A procurement of commodities or contractual
2 services which does not constitute an outsourcing of services
3 or activities.
4 Section 3. Section 287.05721, Florida Statutes, is
5 created to read:
6 287.05721 Definitions.--As used in ss.
7 287.0571-287.0574, the term:
8 (1) "Council" means the Council on Efficient
9 Government.
10 (2) "Outsource" means the process of contracting with
11 a vendor to provide a service as defined in s. 216.011(1)(f),
12 in whole or in part, or an activity as defined in s.
13 216.011(1)(rr), while a state agency retains the
14 responsibility and accountability for the service or activity
15 and there is a transfer of management responsibility for the
16 delivery of resources and the performance of those resources.
17 Section 4. Section 287.0573, Florida Statutes, is
18 created to read:
19 287.0573 Council on Efficient Government; membership;
20 duties.--
21 (1) There is created a Council on Efficient Government
22 within the Department of Management Services to review,
23 evaluate, and issue advisory reports on business cases
24 submitted to the council as specified in this section.
25 (2) The council shall consist of seven members
26 appointed by the Governor pursuant to s. 20.052:
27 (a) The Secretary of Management Services, who shall
28 serve as chair.
29 (b) A cabinet member other than the Governor, or his
30 or her senior management or executive staff designee.
31 (c) Two heads of executive branch agencies.
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1 (d) Three members from the private sector who are
2 subject to confirmation by the Senate and who, collectively,
3 have experience with procurement, successfully increasing
4 operational efficiency, and implementing complex projects in
5 the private-sector business environment. A private-sector
6 member of the council may not at any time during his or her
7 appointment to the council be registered to lobby the
8 executive or legislative branch.
9 (3) Within 45 days after the effective date of this
10 section, the Governor shall appoint two private-sector members
11 and one state agency head for terms of 1 year and one
12 private-sector member and one agency head for terms of 2
13 years. Thereafter, each member shall be appointed for a term
14 of 2 years. The private-sector members shall serve without
15 compensation, but are entitled to reimbursement for per diem
16 and travel expenses pursuant to s. 112.061.
17 (4) A member of the council may not participate in a
18 council review of a business case to outsource if his or her
19 state agency is conducting the proposed outsourcing or, in the
20 case of a private-sector member, if he or she has a business
21 relationship with an entity that is involved or could
22 potentially be involved in the proposed outsourcing.
23 (5) A member of the council, except the cabinet
24 member, may not delegate his or her membership to a designee.
25 (6) A quorum shall consist of at least four members,
26 including at least two private-sector members.
27 (7) Any vacancy on the council shall be filled in the
28 same manner as the original appointment, and any member
29 appointed to fill a vacancy occurring for a reason other than
30 the expiration of a term shall serve only for the unexpired
31 term of the member's predecessor.
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1 (8) The council shall:
2 (a) Employ a standard process for reviewing business
3 cases to outsource.
4 (b) Review and evaluate business cases to outsource as
5 requested by the Governor or the state agency head whose
6 agency is proposing to outsource or as required by ss.
7 287.0571-287.0574 or by law.
8 (c) No later than 30 days before a state agency's
9 issuance of a solicitation of $10 million or more, provide to
10 the agency conducting the procurement, the Governor, the
11 President of the Senate, and the Speaker of the House of
12 Representatives an advisory report for each business case
13 reviewed and evaluated by the council. The report must contain
14 all versions of the business case, an evaluation of the
15 business case, any relevant recommendations, and sufficient
16 information to assist the state agency proposing to outsource
17 in determining whether the business case to outsource should
18 be included with the legislative budget request.
19 (d) Recommend and implement standard processes for
20 state agency and council review and evaluate state agency
21 business cases to outsource, including templates for use by
22 state agencies in submitting business cases to the council.
23 (e) Develop standards and best-practice procedures for
24 use by state agencies in evaluating business cases to
25 outsource.
26 (f) Recommend standards, processes, and guidelines for
27 use by state agencies in developing business cases to
28 outsource.
29 (g) Incorporate any lessons learned from outsourcing
30 services and activities into council standards, procedures,
31 and guidelines, as appropriate, and identify and disseminate
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1 to agencies information regarding best practices in
2 outsourcing efforts.
3 (h) Develop, in consultation with the Agency for
4 Workforce Innovation, guidelines for assisting state employees
5 whose jobs are eliminated as a result of outsourcing.
6 (9) The council shall identify and report yearly to
7 the Legislature on:
8 (a) Innovative methods of delivering government
9 services which would improve the efficiency, effectiveness, or
10 competition in the delivery of government services, including,
11 but not limited to, enterprise-wide proposals.
12 (b) Outsourcing efforts of each state agency which
13 shall include, but not be limited to, the number of
14 outsourcing business cases and solicitations, the number and
15 dollar value of outsourcing contracts, an explanation of
16 agency progress on achieving the cost-benefit analysis
17 schedule as required by s. 287.0574(4)(h), and the status of
18 extensions, renewals, and amendments of outsourcing contracts.
19 (10) The department shall employ an adequate number of
20 staff who collectively possess significant expertise and
21 experience as required to carry out the responsibilities of
22 this act.
23 (11) The Secretary of Management Services shall
24 appoint an executive director.
25 (12) Each state agency shall submit to the council all
26 information, documents, or other materials required by the
27 council or this chapter.
28 Section 5. Section 287.0574, Florida Statutes, is
29 created to read:
30 287.0574 Business cases to outsource; review and
31 analysis; requirements.--
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1 (1) A business case to outsource having a projected
2 cost exceeding $10 million in any fiscal year shall require:
3 (a) An initial business case analysis conducted by the
4 state agency and submitted to the council, the Governor, the
5 President of the Senate, and the Speaker of the House of
6 Representatives at least 60 days before a solicitation is
7 issued. The council shall evaluate the business case analysis
8 and submit an advisory report to the state agency, the
9 Governor, the President of the Senate, and the Speaker of the
10 House of Representatives when the advisory report is
11 completed, but at least 30 days before the agency issues the
12 solicitation.
13 (b) A final business case analysis conducted by the
14 state agency and submitted after the conclusion of any
15 negotiations, at least 30 days before execution of a contract,
16 to the council, the Governor, the President of the Senate, and
17 the Speaker of the House of Representatives.
18 (2) A proposal to outsource having a projected cost
19 that ranges from $1 million to $10 million in any fiscal year
20 shall require:
21 (a) An initial business case analysis conducted by the
22 state agency and submission of the business case, at least 30
23 days before issuing a solicitation, to the council, the
24 Governor, the President of the Senate, and the Speaker of the
25 House of Representatives.
26 (b) A final business case analysis conducted by the
27 state agency and submitted after the conclusion of any
28 negotiations, at least 30 days before execution of a contract,
29 to the center, the council, the Governor, the President of the
30 Senate, and the Speaker of the House of Representatives.
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1 (3) A business case to outsource having a projected
2 cost that is less than $1 million in any fiscal year shall
3 require a final business case analysis conducted by the state
4 agency after the conclusion of any negotiations and provided
5 at least 30 days before execution of a contract to the
6 council. The council shall provide such business cases in its
7 annual report to the Legislature.
8 (4) For any proposed outsourcing, the state agency
9 shall develop a business case that justifies the proposal to
10 outsource. In order to reduce any administrative burden, the
11 council may allow a state agency to submit the business case
12 in the form required by the budget instructions issued
13 pursuant to s. 216.023(4)(a)11., augmented with additional
14 information if necessary, to ensure that the requirements of
15 this section are met. The business case is not subject to
16 challenge or protest pursuant to chapter 120. The business
17 case must include, but need not be limited to:
18 (a) A detailed description of the service or activity
19 for which the outsourcing is proposed.
20 (b) A description and analysis of the state agency's
21 current performance, based on existing performance metrics if
22 the state agency is currently performing the service or
23 activity.
24 (c) The goals desired to be achieved through the
25 proposed outsourcing and the rationale for such goals.
26 (d) A citation to the existing or proposed legal
27 authority for outsourcing the service or activity.
28 (e) A description of available options for achieving
29 the goals. If state employees are currently performing the
30 service or activity, at least one option involving maintaining
31 state provision of the service or activity shall be included.
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1 (f) An analysis of the advantages and disadvantages of
2 each option, including, at a minimum, potential performance
3 improvements and risks.
4 (g) A description of the current market for the
5 contractual services that are under consideration for
6 outsourcing.
7 (h) A cost-benefit analysis documenting the direct and
8 indirect specific baseline costs, savings, and qualitative and
9 quantitative benefits involved in or resulting from the
10 implementation of the recommended option or options. Such
11 analysis must specify the schedule that, at a minimum, must be
12 adhered to in order to achieve the estimated savings. All
13 elements of cost must be clearly identified in the
14 cost-benefit analysis, described in the business case, and
15 supported by applicable records and reports. The state agency
16 head shall attest that, based on the data and information
17 underlying the business case, to the best of his or her
18 knowledge, all projected costs, savings, and benefits are
19 valid and achievable. As used in this section, the term "cost"
20 means the reasonable, relevant, and verifiable cost, which may
21 include, but is not limited to, elements such as personnel,
22 materials and supplies, services, equipment, capital
23 depreciation, rent, maintenance and repairs, utilities,
24 insurance, personnel travel, overhead, and interim and final
25 payments. The appropriate elements shall depend on the nature
26 of the specific initiative. As used in this section, the term
27 "savings" means the difference between the direct and indirect
28 actual annual baseline costs compared to the projected annual
29 cost for the contracted functions or responsibilities in any
30 succeeding state fiscal year during the term of the contract.
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1 (i) A description of differences among current state
2 agency policies and processes and, as appropriate, a
3 discussion of options for or a plan to standardize,
4 consolidate, or revise current policies and processes, if any,
5 to reduce the customization of any proposed solution that
6 would otherwise be required.
7 (j) A description of the specific performance
8 standards that must, at a minimum, be met to ensure adequate
9 performance.
10 (k) The projected timeframe for key events from the
11 beginning of the procurement process through the expiration of
12 a contract.
13 (l) A plan to ensure compliance with the
14 public-records law.
15 (m) A specific and feasible contingency plan
16 addressing contractor nonperformance and a description of the
17 tasks involved in and costs required for its implementation.
18 (n) A state agency's transition plan for addressing
19 changes in the number of agency personnel, affected business
20 processes, employee transition issues, and communication with
21 affected stakeholders, such as agency clients and the public.
22 The transition plan must contain a reemployment and retraining
23 assistance plan for employees who are not retained by the
24 state agency or employed by the contractor.
25 (o) A plan for ensuring access by persons with
26 disabilities in compliance with applicable state and federal
27 law.
28 (p) A description of legislative and budgetary actions
29 necessary to accomplish the proposed outsourcing.
30 (5) In addition to the contract requirements provided
31 in s. 287.058, each contract for a proposed outsourcing,
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1 pursuant to s. 287.0574, must include, but need not be limited
2 to, the following contractual provisions:
3 (a) A scope-of-work provision that clearly specifies
4 each service or deliverable to be provided, including a
5 description of each deliverable or activity that is
6 quantifiable, measurable, and verifiable. This provision must
7 include a clause that states if a particular service or
8 deliverable is inadvertently omitted or not clearly specified
9 but determined to be operationally necessary and verified to
10 have been performed by the agency within the 12 months before
11 the execution of the contract, such service or deliverable
12 will be provided by the contractor through the identified
13 contract-amendment process.
14 (b) A service-level-agreement provision describing all
15 services to be provided under the terms of the agreement, the
16 state agency's service requirements and performance
17 objectives, specific responsibilities of the state agency and
18 the contractor, and the process for amending any portion of
19 the service-level agreement. Each service-level agreement must
20 contain an exclusivity clause that allows the state agency to
21 retain the right to perform the service or activity, directly
22 or with another contractor, if service levels are not being
23 achieved.
24 (c) A provision that identifies all associated costs,
25 specific payment terms, and payment schedules, including
26 provisions governing incentives and financial disincentives
27 and criteria governing payment.
28 (d) A provision that identifies a clear and specific
29 transition plan that will be implemented in order to complete
30 all required activities needed to transfer the service or
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1 activity from the state agency to the contractor and operate
2 the service or activity successfully.
3 (e) A performance-standards provision that identifies
4 all required performance standards, which must include, at a
5 minimum:
6 1. Detailed and measurable acceptance criteria for
7 each deliverable and service to be provided to the state
8 agency under the terms of the contract which document the
9 required performance level.
10 2. A method for monitoring and reporting progress in
11 achieving specified performance standards and levels.
12 3. The sanctions or disincentives that shall be
13 imposed for nonperformance by the contractor or state agency.
14 (f) A provision that requires the contractor and its
15 subcontractors to maintain adequate accounting records that
16 comply with all applicable federal and state laws and
17 generally accepted accounting principles.
18 (g) A provision that authorizes the state agency to
19 have access to and to audit all records related to the
20 contract and subcontracts, or any responsibilities or
21 functions under the contract and subcontracts, for purposes of
22 legislative oversight, and a requirement for audits by a
23 service organization in accordance with professional auditing
24 standards, if appropriate.
25 (h) A provision that requires the contractor to
26 interview and consider for employment with the contractor each
27 displaced state employee who is interested in such employment.
28 (i) A contingency-plan provision that describes the
29 mechanism for continuing the operation of the service or
30 activity, including transferring the service or activity back
31 to the state agency or successor contractor if the contractor
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1 fails to perform and comply with the performance standards and
2 levels of the contract and the contract is terminated.
3 (j) A provision that requires the contractor and its
4 subcontractors to comply with public-records laws,
5 specifically to:
6 1. Keep and maintain the public records that
7 ordinarily and necessarily would be required by the state
8 agency in order to perform the service or activity.
9 2. Provide the public with access to such public
10 records on the same terms and conditions that the state agency
11 would provide the records and at a cost that does not exceed
12 that provided in chapter 119 or as otherwise provided by law.
13 3. Ensure that records that are exempt or records that
14 are confidential and exempt are not disclosed except as
15 authorized by law.
16 4. Meet all requirements for retaining records and
17 transfer to the state agency, at no cost, all public records
18 in possession of the contractor upon termination of the
19 contract and destroy any duplicate public records that are
20 exempt or confidential and exempt. All records stored
21 electronically must be provided to the state agency in a
22 format that is compatible with the information technology
23 systems of the state agency.
24 (k) A provision that specifies the ownership of
25 intellectual property and any rights of the state agency to
26 use, modify, reproduce, or disseminate the intellectual
27 property if the contract involves the development or creation
28 of such intellectual property. This paragraph does not provide
29 the specific authority needed by an agency to obtain a
30 copyright or trademark.
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1 (l) A provision that states that the agency retains
2 the right, in its sole discretion, to co-negotiate any
3 third-party or subcontractor contracts, excluding any terms
4 relating to financial compensation.
5 (m) If applicable, a provision that allows the agency
6 to purchase from the contractor, at its depreciated value,
7 assets used by the contractor in the performance of the
8 contract. If assets have not depreciated, the agency shall
9 retain the right to negotiate to purchase at an agreed-upon
10 cost.
11 Section 6. Subsection (6) is added to section 287.058,
12 Florida Statutes, to read:
13 287.058 Contract document.--
14 (6) A contract may not prohibit a contractor from
15 lobbying the executive or legislative branch concerning the
16 scope of services, performance, term, or compensation
17 regarding any contract to which the contractor and a state
18 agency are parties, after contract execution and during the
19 contract term. The provisions of this subsection are
20 supplemental to the provisions of ss. 11.062 and 216.347 and
21 any other law prohibiting the use of state funds for lobbying
22 purposes.
23 Section 7. Section 287.074, Florida Statutes, is
24 created to read:
25 287.074 Prohibited actions by contractor personnel.--
26 (1) Only a public officer or a public employee upon
27 whom the public officer has delegated authority shall,
28 consistent with law, take actions, including, but not limited
29 to:
30 (a) Selecting state employees;
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1 (b) Approving position descriptions, performance
2 standards, or salary adjustments for state employees; and
3 (c) Hiring, promoting, disciplining, demoting, and
4 dismissing a state employee.
5 (2) Only a public officer shall, consistent with law,
6 commission and appoint state officers.
7 Section 8. A contractor, as defined in chapter 287,
8 Florida Statutes, or its employees, agents, or subcontractors,
9 may not knowingly participate, through decision, approval,
10 disapproval, or preparation of any part of a purchase request,
11 investigation, or audit, in the procurement of commodities or
12 contractual services by a state agency from an entity in which
13 the contractor, or its employees, agents, or subcontractors,
14 has a material interest.
15 Section 9. Section 14.203, Florida Statutes, is
16 repealed.
17 Section 10. For the 2006-2007 fiscal year, the sum of
18 $1.25 million in recurring funds from the General Revenue Fund
19 in a qualified expenditure category is appropriated and 10
20 full-time equivalent positions are authorized to the
21 Department of Management Services to carry out the activities
22 of the Council on Efficient Government as provided in this
23 act.
24 Section 11. The Department of Management Services may
25 implement a program to train state agency employees who are
26 involved in managing outsourcings as Project Management
27 Professionals, as certified by the Project Management
28 Institute. For the 2006-2007 fiscal year, the sum of $500,000
29 in recurring funds from the General Revenue Fund is
30 appropriated to the Department of Management Services to
31 implement this program. The Department of Management Services,
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1 in consultation with entities subject to this act, shall
2 identify personnel to participate in this training based on
3 requested need and ensure that each agency is represented. The
4 Department of Management Services may remit payment for this
5 training on behalf of all participating personnel.
6 Section 12. Notwithstanding any law to the contrary, a
7 state agency under the individual control of the Attorney
8 General, the Chief Financial Officer, or the Commissioner of
9 Agriculture is subject to this act.
10 Section 13. Paragraph (a) of subsection (5) of section
11 119.071, Florida Statutes, is amended to read:
12 119.071 General exemptions from inspection or copying
13 of public records.--
14 (5) OTHER PERSONAL INFORMATION.--
15 (a)1. The Legislature acknowledges that the social
16 security number was never intended to be used for business
17 purposes but was intended to be used solely for the
18 administration of the federal Social Security System. The
19 Legislature is further aware that over time this unique
20 numeric identifier has been used extensively for identity
21 verification purposes and other legitimate consensual
22 purposes. The Legislature is also cognizant of the fact that
23 the social security number can be used as a tool to perpetuate
24 fraud against a person and to acquire sensitive personal,
25 financial, medical, and familial information, the release of
26 which could cause great financial or personal harm to an
27 individual. The Legislature intends to monitor the commercial
28 use of social security numbers held by state agencies in order
29 to maintain a balanced public policy.
30 2. An agency shall not collect an individual's social
31 security number unless authorized by law to do so or unless
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1 the collection of the social security number is otherwise
2 imperative for the performance of that agency's duties and
3 responsibilities as prescribed by law. Social security numbers
4 collected by an agency must be relevant to the purpose for
5 which collected and shall not be collected until and unless
6 the need for social security numbers has been clearly
7 documented. An agency that collects social security numbers
8 shall also segregate that number on a separate page from the
9 rest of the record, or as otherwise appropriate, in order that
10 the social security number be more easily redacted, if
11 required, pursuant to a public records request. An agency
12 collecting a person's social security number shall, upon that
13 person's request, at the time of or prior to the actual
14 collection of the social security number by that agency,
15 provide that person with a statement of the purpose or
16 purposes for which the social security number is being
17 collected and used. Social security numbers collected by an
18 agency shall not be used by that agency for any purpose other
19 than the purpose stated. Social security numbers collected by
20 an agency prior to May 13, 2002, shall be reviewed for
21 compliance with this subparagraph. If the collection of a
22 social security number prior to May 13, 2002, is found to be
23 unwarranted, the agency shall immediately discontinue the
24 collection of social security numbers for that purpose.
25 3. Effective October 1, 2002, all social security
26 numbers held by an agency are confidential and exempt from s.
27 119.07(1) and s. 24(a), Art. I of the State Constitution. This
28 exemption applies to all social security numbers held by an
29 agency before, on, or after the effective date of this
30 exemption.
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1 4. Social security numbers may be disclosed to another
2 governmental entity or its agents, employees, or contractors
3 if disclosure is necessary for the receiving entity to perform
4 its duties and responsibilities. The receiving governmental
5 entity and its agents, employees, and contractors shall
6 maintain the confidential and exempt status of such numbers.
7 5. An agency shall not deny a commercial entity
8 engaged in the performance of a commercial activity, which,
9 for purposes of this paragraph, means an activity that
10 provides a product or service that is available from a private
11 source, as defined in s. 14.203 or its agents, employees, or
12 contractors access to social security numbers, provided the
13 social security numbers will be used only in the normal course
14 of business for legitimate business purposes, and provided the
15 commercial entity makes a written request for social security
16 numbers, verified as provided in s. 92.525, legibly signed by
17 an authorized officer, employee, or agent of the commercial
18 entity. The verified written request must contain the
19 commercial entity's name, business mailing and location
20 addresses, business telephone number, and a statement of the
21 specific purposes for which it needs the social security
22 numbers and how the social security numbers will be used in
23 the normal course of business for legitimate business
24 purposes. The aggregate of these requests shall serve as the
25 basis for the agency report required in subparagraph 8. An
26 agency may request any other information reasonably necessary
27 to verify the identity of the entity requesting the social
28 security numbers and the specific purposes for which such
29 numbers will be used; however, an agency has no duty to
30 inquire beyond the information contained in the verified
31 written request. A legitimate business purpose includes
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1 verification of the accuracy of personal information received
2 by a commercial entity in the normal course of its business;
3 use in a civil, criminal, or administrative proceeding; use
4 for insurance purposes; use in law enforcement and
5 investigation of crimes; use in identifying and preventing
6 fraud; use in matching, verifying, or retrieving information;
7 and use in research activities. A legitimate business purpose
8 does not include the display or bulk sale of social security
9 numbers to the general public or the distribution of such
10 numbers to any customer that is not identifiable by the
11 distributor.
12 6. Any person who makes a false representation in
13 order to obtain a social security number pursuant to this
14 paragraph, or any person who willfully and knowingly violates
15 this paragraph, commits a felony of the third degree,
16 punishable as provided in s. 775.082 or s. 775.083. Any public
17 officer who violates this paragraph is guilty of a noncriminal
18 infraction, punishable by a fine not exceeding $500. A
19 commercial entity that provides access to public records
20 containing social security numbers in accordance with this
21 paragraph is not subject to the penalty provisions of this
22 subparagraph.
23 7.a. On or after October 1, 2002, a person preparing
24 or filing a document to be recorded in the official records by
25 the county recorder as provided for in chapter 28 may not
26 include any person's social security number in that document,
27 unless otherwise expressly required by law. If a social
28 security number is or has been included in a document
29 presented to the county recorder for recording in the official
30 records of the county before, on, or after October 1, 2002, it
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1 may be made available as part of the official record available
2 for public inspection and copying.
3 b. Any person, or his or her attorney or legal
4 guardian, has the right to request that a county recorder
5 remove, from an image or copy of an official record placed on
6 a county recorder's publicly available Internet website or a
7 publicly available Internet website used by a county recorder
8 to display public records or otherwise made electronically
9 available to the general public by such recorder, his or her
10 social security number contained in that official record. Such
11 request must be made in writing, legibly signed by the
12 requester and delivered by mail, facsimile, or electronic
13 transmission, or delivered in person, to the county recorder.
14 The request must specify the identification page number that
15 contains the social security number to be redacted. The county
16 recorder has no duty to inquire beyond the written request to
17 verify the identity of a person requesting redaction. A fee
18 shall not be charged for the redaction of a social security
19 number pursuant to such request.
20 c. A county recorder shall immediately and
21 conspicuously post signs throughout his or her offices for
22 public viewing and shall immediately and conspicuously post,
23 on any Internet website or remote electronic site made
24 available by the county recorder and used for the ordering or
25 display of official records or images or copies of official
26 records, a notice stating, in substantially similar form, the
27 following:
28 (I) On or after October 1, 2002, any person preparing
29 or filing a document for recordation in the official records
30 may not include a social security number in such document,
31 unless required by law.
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1 (II) Any person has a right to request a county
2 recorder to remove, from an image or copy of an official
3 record placed on a county recorder's publicly available
4 Internet website or on a publicly available Internet website
5 used by a county recorder to display public records or
6 otherwise made electronically available to the general public,
7 any social security number contained in an official record.
8 Such request must be made in writing and delivered by mail,
9 facsimile, or electronic transmission, or delivered in person,
10 to the county recorder. The request must specify the
11 identification page number that contains the social security
12 number to be redacted. No fee will be charged for the
13 redaction of a social security number pursuant to such a
14 request.
15 d. Until January 1, 2007, if a social security number,
16 made confidential and exempt pursuant to this paragraph, or a
17 complete bank account, debit, charge, or credit card number
18 made exempt pursuant to paragraph (b) is or has been included
19 in a court file, such number may be included as part of the
20 court record available for public inspection and copying
21 unless redaction is requested by the holder of such number, or
22 by the holder's attorney or legal guardian, in a signed,
23 legibly written request specifying the case name, case number,
24 document heading, and page number. The request must be
25 delivered by mail, facsimile, electronic transmission, or in
26 person to the clerk of the circuit court. The clerk of the
27 circuit court does not have a duty to inquire beyond the
28 written request to verify the identity of a person requesting
29 redaction. A fee may not be charged for the redaction of a
30 social security number or a bank account, debit, charge, or
31 credit card number pursuant to such request.
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1 e. Any person who prepares or files a document to be
2 recorded in the official records by the county recorder as
3 provided in chapter 28 may not include a person's social
4 security number or complete bank account, debit, charge, or
5 credit card number in that document unless otherwise expressly
6 required by law. Until January 1, 2007, if a social security
7 number or a complete bank account, debit, charge, or credit
8 card number is or has been included in a document presented to
9 the county recorder for recording in the official records of
10 the county, such number may be made available as part of the
11 official record available for public inspection and copying.
12 Any person, or his or her attorney or legal guardian, may
13 request that a county recorder remove from an image or copy of
14 an official record placed on a county recorder's publicly
15 available Internet website, or a publicly available Internet
16 website used by a county recorder to display public records
17 outside the office or otherwise made electronically available
18 outside the county recorder's office to the general public,
19 his or her social security number or complete account, debit,
20 charge, or credit card number contained in that official
21 record. Such request must be legibly written, signed by the
22 requester, and delivered by mail, facsimile, electronic
23 transmission, or in person to the county recorder. The request
24 must specify the identification page number of the document
25 that contains the number to be redacted. The county recorder
26 does not have a duty to inquire beyond the written request to
27 verify the identity of a person requesting redaction. A fee
28 may not be charged for redacting such numbers.
29 f. Subparagraphs 2. and 3. do not apply to the clerks
30 of the court or the county recorder with respect to circuit
31 court records and official records.
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1 g. On January 1, 2007, and thereafter, the clerk of
2 the circuit court and the county recorder must keep complete
3 bank account, debit, charge, and credit card numbers exempt as
4 provided for in paragraph (b), and must keep social security
5 numbers confidential and exempt as provided for in
6 subparagraph 3., without any person having to request
7 redaction.
8 8. Beginning January 31, 2004, and each January 31
9 thereafter, every agency must file a report with the Secretary
10 of State, the President of the Senate, and the Speaker of the
11 House of Representatives listing the identity of all
12 commercial entities that have requested social security
13 numbers during the preceding calendar year and the specific
14 purpose or purposes stated by each commercial entity regarding
15 its need for social security numbers. If no disclosure
16 requests were made, the agency shall so indicate.
17 9. Any affected person may petition the circuit court
18 for an order directing compliance with this paragraph.
19 10. This paragraph does not supersede any other
20 applicable public records exemptions existing prior to May 13,
21 2002, or created thereafter.
22 11. This paragraph is subject to the Open Government
23 Sunset Review Act in accordance with s. 119.15 and shall stand
24 repealed October 2, 2007, unless reviewed and saved from
25 repeal through reenactment by the Legislature.
26 Section 14. This act shall take effect upon becoming a
27 law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/Senate Bill 2518
3
4 The committee substitute for SB 2518:
5 -- Changes the "cone of silence" period for contracting to
the time period between the release of the solicitation
6 and the end of the 72 hour protest window after the
agency posts its notice of intended award. The change
7 means an awarded vendor can communicate with the agency
after the protest period and before execution of the
8 contract.
9 -- Changes the language concerning the appointment of the
executive director to clarify that the executive director
10 does not direct the entire council.
11 -- Places a definition for "commercial activity" within the
provisions of s. 119.071, F.S., rather than relying on a
12 cross-reference for that definition.
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