June 16, 2019
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The Florida Statutes

The 2009 Florida Statutes

Title XIX
PUBLIC BUSINESS
Chapter 287
PROCUREMENT OF PERSONAL PROPERTY AND SERVICES
View Entire Chapter
Section 287.0573, Florida Statutes 2009

287.0573  Council on Efficient Government; membership; duties.--

(1)  There is created a Council on Efficient Government within the Department of Management Services to review, evaluate, and issue advisory reports on business cases submitted to the council as specified in this section.

(2)  The council shall consist of seven members appointed by the Governor pursuant to s. 20.052:

(a)  The Secretary of Management Services, who shall serve as chair.

(b)  A cabinet member other than the Governor, or his or her senior management or executive staff designee.

(c)  Two heads of executive branch agencies.

(d)  Three members from the private sector who are subject to confirmation by the Senate and who, collectively, have experience with procurement, successfully increasing operational efficiency, and implementing complex projects in the private sector business environment. A private sector member of the council may not at any time during his or her appointment to the council be registered to lobby the executive or legislative branch.

(3)  Within 45 days after the effective date of this section, the Governor shall appoint two private sector members and one state agency head for terms of 1 year and one private sector member and one agency head for terms of 2 years. Thereafter, each member shall be appointed for a term of 2 years. The private sector members shall serve without compensation, but are entitled to reimbursement for per diem and travel expenses pursuant to s. 112.061.

(4)  A member of the council may not participate in a council review of a business case to outsource if his or her state agency is conducting the proposed outsourcing or, in the case of a private sector member, if he or she has a business relationship with an entity that is involved or could potentially be involved in the proposed outsourcing.

(5)  A member of the council, except the cabinet member, may not delegate his or her membership to a designee.

(6)  A quorum shall consist of at least four members, including at least two private sector members.

(7)  Any vacancy on the council shall be filled in the same manner as the original appointment, and any member appointed to fill a vacancy occurring for a reason other than the expiration of a term shall serve only for the unexpired term of the member's predecessor.

(8)  The council shall:

(a)  Employ a standard process for reviewing business cases to outsource.

(b)  Review and evaluate business cases to outsource as requested by the Governor or the state agency head whose agency is proposing to outsource or as required by ss. 287.0571-287.0574 or by law.

(c)  No later than 30 days before a state agency's issuance of a solicitation of $10 million or more, provide to the agency conducting the procurement, the Governor, the President of the Senate, and the Speaker of the House of Representatives an advisory report for each business case reviewed and evaluated by the council. The report must contain all versions of the business case, an evaluation of the business case, any relevant recommendations, and sufficient information to assist the state agency proposing to outsource in determining whether the business case to outsource should be included with the legislative budget request.

(d)  Recommend and implement standard processes for state agency and council review and evaluate state agency business cases to outsource, including templates for use by state agencies in submitting business cases to the council.

(e)  Develop standards and best practice procedures for use by state agencies in evaluating business cases to outsource.

(f)  Recommend standards, processes, and guidelines for use by state agencies in developing business cases to outsource.

(g)  Incorporate any lessons learned from outsourcing services and activities into council standards, procedures, and guidelines, as appropriate, and identify and disseminate to agencies information regarding best practices in outsourcing efforts.

(h)  Develop, in consultation with the Agency for Workforce Innovation, guidelines for assisting state employees whose jobs are eliminated as a result of outsourcing.

(9)  The council shall identify and report yearly to the Legislature on:

(a)  Innovative methods of delivering government services which would improve the efficiency, effectiveness, or competition in the delivery of government services, including, but not limited to, enterprise-wide proposals.

(b)  Outsourcing efforts of each state agency which shall include, but not be limited to, the number of outsourcing business cases and solicitations, the number and dollar value of outsourcing contracts, an explanation of agency progress on achieving the cost-benefit analysis schedule as required by s. 287.0574(4)(h), descriptions of performance results as applicable, any contract violations or project slippages, and the status of extensions, renewals, and amendments of outsourcing contracts.

(10)  The department shall employ an adequate number of staff who collectively possess significant expertise and experience as required to carry out the responsibilities of this act.

(11)  The Secretary of Management Services shall appoint an executive director.

(12)  Each state agency shall submit to the council all information, documents, or other materials required by the council or this chapter.

History.--s. 4, ch. 2006-224.

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