| 1 | A bill to be entitled |
| 2 | An act relating to state agency planning and |
| 3 | accountability; creating s. 216.1771, F.S.; providing |
| 4 | budgetary disincentives to state agencies for |
| 5 | noncompliance with legislative mandates; creating s. |
| 6 | 216.242, F.S.; providing legislative intent and |
| 7 | requirements for state agencies related to state agencies' |
| 8 | planning and analyzing outsourcing options; requiring |
| 9 | legislative notification of certain contract violations; |
| 10 | providing budgetary disincentives to certain state |
| 11 | agencies for noncompliance with specified provisions; |
| 12 | providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 216.1771, Florida Statutes, is created |
| 17 | to read: |
| 18 | 216.1771 Appropriations acts, proviso compliance.-- |
| 19 | (1) Any state agency in noncompliance with the |
| 20 | requirements of proviso contained within the General |
| 21 | Appropriations Act shall have all unexpended appropriations |
| 22 | addressed by proviso placed in mandatory reserve by the |
| 23 | Executive Office of the Governor and shall be subject to the |
| 24 | immediate loss of delegated budget transfer flexibility as |
| 25 | authorized in s. 216.292(2). |
| 26 | (2) The agency shall appear before the Legislative Budget |
| 27 | Commission to address the agency's noncompliance with proviso |
| 28 | before release of the funds in reserve may be requested and |
| 29 | before delegated budget transfer flexibility may be restored to |
| 30 | the agency. |
| 31 | Section 2. Section 216.242, Florida Statutes, is created |
| 32 | to read: |
| 33 | 216.242 Outsourcing state programs and functions.-- |
| 34 | (1) To ensure the appropriate and efficient use of state |
| 35 | funds, it is the intent of the Legislature that prior to any |
| 36 | initiative by a state agency to outsource a program or function, |
| 37 | that agency shall take appropriate steps to plan and analyze the |
| 38 | proposed service delivery option prior to the obligation of any |
| 39 | state funds. |
| 40 | (2) A state agency planning and analyzing a proposed |
| 41 | outsourcing option shall develop a business case, including, but |
| 42 | not limited to, baseline costs, a cost-benefit analysis, |
| 43 | performance measures, end-of-term transition plan and strategy, |
| 44 | risk analysis, and contingency plans in the event of the |
| 45 | provider's nonperformance. |
| 46 | (3) During the term of any outsourcing agreement greater |
| 47 | than $10 million, annually, if the provider is in violation or |
| 48 | suspected violation of the terms of the agreement, the |
| 49 | contracting state agency shall immediately report to the |
| 50 | appropriate jurisdictional appropriations committees of the |
| 51 | Legislature the facts surrounding the violation or suspected |
| 52 | violation. |
| 53 | (4) Any state agency that does not comply with the |
| 54 | requirements of this section shall be subject to the immediate |
| 55 | loss of delegated budget transfer flexibility as authorized in |
| 56 | s. 216.292(2). |
| 57 | (5) The agency shall appear before the Legislative Budget |
| 58 | Commission to address the agency's noncompliance with this |
| 59 | section before delegated budget transfer flexibility may be |
| 60 | restored to the agency. |
| 61 | Section 3. This act shall take effect July 1, 2006. |