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