Florida Senate - 2009                             CS for SB 44-A
       
       
       
       By the Committee on Policy and Steering Committee on Ways and
       Means and Senator Alexander
       
       
       
       576-00129-09A                                          200944Ac1
    1                        A bill to be entitled                      
    2         An act relating to governmental operations; requiring
    3         state agencies to review existing and proposed
    4         contracts for the purpose of reducing contract
    5         payments; authorizing agencies to renegotiate
    6         contracts; providing for future expiration of such
    7         provisions; establishing the policy of the state
    8         concerning limitations on travel by state employees
    9         for a specified period; providing for certain
   10         exceptions; requiring that agencies consider using
   11         electronic communications; requiring the Office of
   12         Program Policy Analysis and Governmental
   13         Accountability, in consultation with the Department of
   14         Management Services, to develop recommendations
   15         regarding the prudent issuance and use of state-owned
   16         wireless communications devices; requiring a report to
   17         the Legislature; requiring the Department of
   18         Management Services to compile a list of and review
   19         state-owned surplus real property of greater than a
   20         specified value; providing requirements for the
   21         review; requiring a report to the Legislature and the
   22         Executive Office of the Governor; requiring that the
   23         Chief Financial Officer consider methods to ensure
   24         that state agencies receive the maximum federal funds
   25         to which the state is entitled; requiring the Chief
   26         Financial Officer to make recommendations to the
   27         Office of Policy and Budget and the legislative
   28         appropriations committees; requiring each state agency
   29         to ensure the receipt of maximum federal funds to
   30         which the agency is entitled based on its current
   31         services; requiring the office to examine whether a
   32         private entity should be used to recover fraudulent
   33         Medicaid claims; requiring the office to examine the
   34         use of alternative placements for low-risk inmates;
   35         requiring reports to the Legislature by a specified
   36         date; providing an effective date.
   37         
   38  Be It Enacted by the Legislature of the State of Florida:
   39         
   40         Section 1. Notwithstanding any provision of law to the
   41  contrary, each state agency shall review existing and proposed
   42  contracts with private providers and public-private providers in
   43  an effort to reduce contract payments. It is the statewide goal
   44  to achieve substantial savings; however, it is the intent of the
   45  Legislature that the level and quality of services not be
   46  affected. Each agency may renegotiate contracts consistent with
   47  this section. The Legislature intends that its substantive and
   48  fiscal committees will review the results of this effort and the
   49  effectiveness of each agency in meeting the goal. This section
   50  expires July 1, 2009.
   51         Section 2. It is the policy of the state that funds
   52  appropriated to each state agency which may be used for travel
   53  by state employees be limited, until July 1, 2009, to travel for
   54  activities that are critical to the state agency's mission.
   55  Funds may not be used to pay for travel by state employees to
   56  foreign countries, other states, conferences, staff-training
   57  activities, or other administrative functions unless the
   58  respective agency head has determined that such activities are
   59  critical to the agency's mission. Travel for law enforcement
   60  purposes, military purposes, emergency management activities,
   61  and public health activities is not covered by this section. The
   62  agency head, or his or her designee, must consider the use of
   63  teleconferencing and other forms of electronic communication to
   64  meet the needs of the proposed activity before approving
   65  mission-critical travel.
   66         Section 3. (1)The Office of Program Policy Analysis and
   67  Governmental Accountability, in consultation with the Department
   68  of Management Services, shall develop recommendations regarding
   69  the prudent issuance and use of state-owned wireless
   70  communications devices, including wireless telephones, personal
   71  digital assistants, and other electronic devices. In developing
   72  these recommendations, the office shall consider, at a minimum:
   73         (a)The need for the wireless communications device;
   74         (b)The need for the employee to be available via such
   75  wireless communications device;
   76         (c)The accountability for issuance of such wireless
   77  communications devices;
   78         (d)The possibility of sharing such wireless communications
   79  devices;
   80         (e)Methods to reduce the issuance and use of such wireless
   81  communications devices;
   82         (f)Whether reimbursing employees for calls on personal
   83  wireless telephones might be cost-effective in some instances;
   84         (g)What controls are necessary for the prudent management
   85  of such wireless communications devices; and
   86         (h)Any available cost-saving measures that could be
   87  considered.
   88         (2)The office shall report its findings and estimated cost
   89  savings to the President of the Senate and the Speaker of the
   90  House of Representatives by March 3, 2009.
   91         Section 4. The Department of Management Services shall
   92  compile a list of all state-owned surplus real property that has
   93  a value greater than $1,000 in order to determine potential cost
   94  savings and revenue opportunities from the sale or lease of
   95  assets. The review shall include a cost-benefit analysis of any
   96  proposed facility disposition, including the facility’s current
   97  operating expenses, condition, projected capital depreciation
   98  costs, and market value, and the effect of the proposed
   99  facility’s disposition on the state’s financial status,
  100  including the effect on rental rates and the coverage
  101  requirement for bonds. In addition, the review shall identify
  102  current contracts for leased office space in which the leased
  103  space is not fully used or occupied and include a plan for
  104  contract renegotiation or subletting unoccupied space. The
  105  department shall submit a report of its findings and
  106  recommendations to the President of the Senate, the Speaker of
  107  the House of Representatives, and the Executive Office of the
  108  Governor by March 3, 2009.
  109         Section 5. (1)The Chief Financial Officer, as head of the
  110  Department of Financial Services, shall consider methods to
  111  ensure that state agencies receive the maximum amount of federal
  112  funds to which the state is entitled based on the services it
  113  currently provides. The Chief Financial Officer shall make
  114  recommendations to the Office of Policy and Budget and the
  115  legislative appropriations committees by March 3, 2009.
  116         (2)Each state agency shall review its operations to ensure
  117  that the state receives the maximum amount of federal funds to
  118  which it is entitled based on the services the agency currently
  119  provides.
  120         Section 6. The Office of Program Policy Analysis and
  121  Government Accountability shall examine the option of
  122  contracting with a private entity to identify and recover
  123  fraudulent Medicaid claims on a contingency-fee basis and submit
  124  its findings and recommendations to the Legislature before March
  125  3, 2009.
  126         Section 7. The Office of Program Policy Analysis and
  127  Government Accountability shall examine the option of expanding
  128  the use of alternative inmate placements, such as work-release
  129  and work camps, for low-risk inmates and submit its findings and
  130  recommendations to the Legislature before March 3, 2009.
  131         Section 8. This act shall take effect upon becoming a law.