December 10, 2019
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The Florida Statutes

The 2001 Florida Statutes

Title IV
Executive Branch
Chapter 14
Governor
View Entire Chapter
Section 14.203, Florida Statutes 2001

114.203  State Council on Competitive Government.--It is the policy of this state that all state services be performed in the most effective and efficient manner in order to provide the best value to the citizens of the state. The state also recognizes that competition among service providers may improve the quality of services provided, and that competition, innovation, and creativity among service providers should be encouraged.

(1)  For the purposes of this section:

(a)  "Commercial activity" means an activity that provides a product or service that is available from a private source.

(b)  "Identified state service" means a service provided by the state that is under consideration to determine whether the service may be better provided through competition with private sources.

(2)  There is hereby created the State Council on Competitive Government, which shall be composed of the Governor and Cabinet, sitting as the Administration Commission as defined in s. 14.202. The council, on its own initiative, the Office of Program Policy Analysis and Government Accountability, created pursuant to s. 11.51, or the Commission on Government Accountability to the People, created pursuant to 2s. 286.30, may identify commercial activities currently being performed by state agencies and, if it is determined that such services may be better provided by requiring competition with private sources or other state agency service providers, may recommend that a state agency engage in any process, including competitive bidding, that creates competition with private sources or other state agency service providers.

(3)  In performing its duties under this section, the council may:

(a)  Adopt rules to implement any provision of this section.

(b)  Hold public hearings or conduct studies.

(c)  Consult with private sources.

(d)  Require a state agency to conduct an in-house cost estimate, a management study, or any other hearing, study, review, or cost estimate concerning any aspect of an identified state service.

(e)  Develop and require for use by state agencies methods to accurately and fairly estimate and account for the cost of providing an identified state service.

(f)  Require that an identified state service be submitted to competitive bidding or another process that creates competition with private sources or other governmental entities. In determining whether an identified state service should be submitted to competitive bidding, the council shall consider, at a minimum:

1.  Any constitutional and legal implications which may arise as a result of such action.

2.  The cost of supervising the work of any private contractor.

3.  The total cost to the state agency of such state agency's performance of a service, including all indirect costs related to that state agency and costs of such agencies as the Comptroller, the Treasurer, the Attorney General, and other such support agencies to the extent such costs would not be incurred if a contract is awarded. Costs for the current provision of the service shall be considered only when such costs would actually be saved if the contract were awarded to another entity.

(g)  Prescribe, in consultation with affected state agencies, the specifications and conditions of purchase procedures that must be followed by a state agency or a private source engaged in competitive bidding to provide an identified state service.

(h)  Award a contract to a state agency currently providing the service, another state agency, a private source, or any combination of such entities, if the bidder presents the best and most reasonable bid, which is not necessarily the lowest bid. It is intended that consideration be given as to how to transfer the program back if the bidder is not successful in carrying out the requirements of the contract. The bid shall also include an analysis of health care benefits, retirement, and workers' compensation insurance for employees of the contractor which are reasonably comparable to those provided by the state.

(i)  Determine the terms and conditions of a contract for service or interagency contract to provide an identified state service or other commercial activity. Such terms and conditions may include the requirement that a minimum level of health insurance coverage for employees, including optional family coverage, whether employer-paid or employee-paid, or a combination thereof, is available to employees.

(j)  Require the state agency to encourage state employees to organize and submit a bid for the identified state service.

(4)  A state agency shall perform any activities required by the council in the performance of its duties or the exercise of its powers under this section.

(5)  Contracts entered into by the council to implement this section and any decision regarding whether a state agency shall engage in competitive bidding are exempt from state law regulating or limiting purchasing practices and decisions, including chapter 120.

(6)  A contract entered into pursuant to this section constitutes an executive branch recommendation only and shall not take effect until a specific appropriation is provided by law to fund such contract. In addition, any contract entered into by a state agency pursuant to this section shall include language that its effect is contingent upon a specific appropriation by law.

History.--s. 50, ch. 94-249; s. 1, ch. 94-333; s. 4, ch. 97-79.

1Note.--As created by s. 50, ch. 94-249, and amended by s. 4, ch. 97-79. Section 14.203 was also created by s. 1, ch. 94-333. The ch. 94-249 version is published here as the last expression of legislative will (see Journal of the House of Representatives 1994, pp. 1549 and 2130). Section 14.203, as created by s. 1, ch. 94-333, reads:

14.203  State Council on Competitive Government.--

(1)  DEFINITIONS.--As used in this section:

(a)  "Commercial activity" means an activity that provides a product or service that is commonly available from a private source.

(b)  "Council" means the State Council on Competitive Government.

(c)  "Identified state service" means a service provided by the state that the council has identified as a commercially available service and brought under study by the council to determine whether the service may be better provided through competition with private sources.

(2)  STATE COUNCIL ON COMPETITIVE GOVERNMENT.--The State Council on Competitive Government is established. It is the policy of this state that all state services be performed in the most effective and efficient manner in order to be the best value to the public, and the state recognizes that competition among service providers may improve the quality of service provided. The council shall encourage competition, innovation, and creativity among service providers.

(3)  MEMBERSHIP.--The council shall consist of the Governor and Cabinet. The Governor shall be presiding officer of the council.

(4)  MEETINGS.--The council shall meet as often as necessary to perform its duties. In performing its duties, the council shall follow the rules and procedures, and use the staff, of the Administration Commission.

(5)  DUTIES.--The council shall identify commercially available services currently being performed by state agencies and, if the council determines that such services may be better provided through competition with private sources or other state agency service providers, shall require a state agency to engage in any process, including competitive bidding, developed by the council to provide the service in competition with private sources or other state agency service providers.

(6)  POWERS.--In performing its duties under this section, the council may:

(a)  Adopt rules governing any aspect of the council's duties or responsibilities.

(b)  Hold public hearings or conduct studies.

(c)  Consult with private sources or state agencies that provide services.

(d)  Require a state agency to conduct an agency in-house cost estimate, a management study, or any other hearing, study, review, or cost estimate concerning any aspect of an identified state service.

(e)  Develop and require for use by state agencies methods to accurately and fairly estimate and account for the cost of providing an identified state service.

(f)  Require that an identified state service be submitted to competitive bidding or another process that creates competition with private sources.

(g)  Prescribe, in consultation with affected state agencies, the specifications and conditions of purchase procedures that must be followed by a state agency or a private source engaged in competitive bidding to provide an identified state service.

(h)  Award a contract to a state agency currently providing the service, another state agency, a private source, or any combination of such entities, if the bidder presents the best and most reasonable bid, which is not necessarily the lowest bid.

(i)  Determine the terms and conditions of a contract for service or interagency contract to provide an identified state service or other commercially available service.

(j)  Require each bidder to provide a minimum level of health insurance coverage for employees, including optional family coverage, whether employer-paid or employee-paid, or a combination thereof.

(k)  Require the agency to encourage state employees to organize and submit a bid for the identified service.

(7)  COST COMPARISON AND CONTRACT CONSIDERATIONS.--In comparisons of the cost of providing a service, the council must consider the cost of supervising the work of any private contractor. All bids or contracts must include an analysis of health care benefits, retirement, and workers' compensation insurance for employees of the contractor which are reasonably comparable to those provided by the state. The council must also consider the total cost to the agency of such agency's performance of a service, such total cost to include all indirect costs related to that agency and including costs of such agencies as the Comptroller, the Treasurer, the Attorney General, and other such support agencies.

(8)  DUTIES OF AFFECTED STATE AGENCIES.--A state agency shall perform any activities required by the council in the performance of its duties or the exercise of its powers under this section.

(9)  EXEMPTION.--Contracts entered into by the council and decisions regarding whether an agency shall engage in competitive bidding are exempt from all laws of the state regulating or limiting state purchasing and purchasing decisions.

(10)  A contract entered into pursuant to this section constitutes an executive branch recommendation only and shall not take effect until a specific appropriation is provided by law to fund such contract. In addition, all contracts entered into by executive branch agencies pursuant to this section shall state in their text that their effect is contingent upon a specific appropriation by law.

(11)  OPEN MEETINGS AND OPEN RECORDS LAWS.--The meetings and records of the council are subject to the provisions of ss. 119.07 and 286.011.

2Note.--Repealed by s. 25, ch. 2001-89.

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