THE BILL ITSELF
CS/HB 1063
Gubernatorial Transition
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A bill to be entitled
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An act relating to gubernatorial transition; creating
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s. 14.059, F.S.; providing definitions; requiring the
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Governor to designate a transition liaison within the
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Executive Office of the Governor within a specified
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timeframe; providing duties of the transition liaison;
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requiring the head of each state agency to designate
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an agency transition liaison within a specified
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timeframe; providing duties of the agency transition
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liaisons; requiring the Department of Management
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Services and each state agency to provide certain
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temporary office facilities to certain persons during
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the transition period; requiring the department, upon
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request, to provide the Governor-elect and his or her
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staff with information technology and related services
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for such transition period; requiring the Governor-
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elect to designate in writing the persons to be
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provided with such services; requiring specified
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persons to sign a certain memorandum of understanding;
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requiring each state agency, upon request, to provide
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the Governor-elect and his or her staff with access to
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agency leadership personnel during the transition
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period; authorizing state agencies to assign limited
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personnel to assist the Governor-elect and his or her
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staff; requiring that the Governor-elect and his or
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her staff be granted access to all state agency
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records upon request; requiring that the Governor-
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elect and persons designated by the Governor-elect be
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granted access to confidential and exempt records
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under certain conditions; providing criminal
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penalties; amending s. 14.057, F.S.; conforming
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provisions to changes made by the act; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 14.059, Florida Statutes, is created to
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read:
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14.059 Gubernatorial transition; coordination, access, and
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agency obligations.—
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(1) As used in this section, the term:
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(a) "State agency" means an executive branch agency the
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head of which is appointed solely by the Governor.
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(b) "Transition period" means the period beginning on the
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day the Elections Canvassing Commission certifies the results of
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a general election in a year in which the Governor is elected
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and ending on the day the Governor-elect is inaugurated as
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Governor. The term does not include any period following the
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reelection of an incumbent Governor to a second consecutive
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term.
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(2) No later than the 10th day after the primary election,
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the Governor shall designate a transition liaison within the
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Executive Office of the Governor. The transition liaison shall:
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(a) Serve as the primary point of contact between the
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current administration and the Governor-elect and his or her
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staff.
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(b) Oversee and coordinate transition planning and
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operations with state agencies.
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(c) Create a transition directory that summarizes the
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statutory authority, programs, functions, and organizational
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structure of each state agency. The transition directory must be
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delivered to the Governor-elect within 3 days after the
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beginning of the transition period.
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(d) Create and coordinate transition training,
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orientation, and briefings for the Governor-elect and his or her
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staff which cover:
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1. The organizational structure of the executive branch of
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state government.
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2. Administrative processes of state agencies, including
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personnel systems.
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3. Public records and meeting requirements.
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4. Ethics and financial disclosure laws.
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5. Rulemaking procedures under the Administrative
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Procedure Act.
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6. State budgeting and financial management processes.
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7. Any additional subject identified by the Governor-elect
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and determined by the transition liaison to be reasonably
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necessary to support an orderly transition between
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administrations and the continuity of state agency operations.
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(e) Establish instructions and guidance for agency
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transition liaisons regarding the preparation, content, and
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delivery of standardized briefing books under paragraph (3)(b).
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(3) No later than the 10th day after the primary election,
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the head of each state agency shall designate an agency
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transition liaison. The agency transition liaison shall:
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(a) Serve as the primary point of contact between the
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agency and the transition liaison.
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(b) Prepare standardized briefing books in accordance with
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instructions and guidance established by the transition liaison.
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The briefing books shall be delivered to the Governor-elect
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within 3 days after the beginning of the transition period and
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shall:
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1. Outline the agency's organizational structure, mission,
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programs, budget, major contracts, recently concluded and
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pending litigation, and rulemaking activity.
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2. Identify all agency leadership personnel, including the
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chief of staff, general counsel, deputy chiefs of staff, deputy
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secretaries, division directors, and bureau chiefs.
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3. Include any information deemed necessary by the
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transition liaison to support an orderly transition between
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administrations and the continuity of state agency operations.
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(4)(a)1. The Department of Management Services shall
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provide the Governor-elect, his or her staff, and the
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inauguration staff with temporary office facilities in the
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Capitol Center during the transition period.
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2. Each state agency shall provide temporary office space
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within the agency headquarters for use by the Governor-elect and
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his or her staff during the transition period.
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(b)1. Upon request of the Governor-elect, the Department
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of Management Services shall provide the Governor-elect and his
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or her staff with information technology and related services
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necessary for transition operations during the transition
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period. The Governor-elect must designate in writing each person
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to be provided with information technology and related services.
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At a minimum, information technology and related services
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include:
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a. Computers and any necessary equipment for their use.
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b. Secure e-mail accounts.
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c. Cybersecurity training and monitoring.
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d. Technical assistance related to the use of the
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information technology.
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2. Before the Governor-elect or a person designated by the
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Governor-elect is provided with information technology, he or
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she must sign a memorandum of understanding acknowledging that
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he or she will adhere to state cybersecurity practices and will
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return the information technology to the department upon
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conclusion of the transition period.
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(5)(a) Upon request and in coordination with the
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transition liaison, each state agency shall provide the
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Governor-elect and his or her staff with access to agency
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leadership personnel during the transition period, including the
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chief of staff, general counsel, deputy chiefs of staff, deputy
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secretaries, division directors, and bureau chiefs.
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(b) Each state agency may assign limited personnel to
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assist the Governor-elect and his or her staff during the
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transition period to the extent consistent with the agency's
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operational needs.
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(6)(a) During the transition period, the Governor-elect
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and his or her staff shall be granted access to all state agency
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records upon request.
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(b)1. During the transition period, the Governor-elect and
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persons designated by the Governor-elect shall be granted access
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to records that are confidential or exempt from s. 119.07(1) or
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s. 24(a), Art. I of the State Constitution. The Governor-elect
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must designate in writing each person who must be granted access
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to such records. No more than one person per temporary office
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provided pursuant to paragraph (4)(a) may be designated by the
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Governor-elect under this paragraph.
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2. Before accessing any confidential or exempt records,
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the Governor-elect and his or her designees must sign a
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memorandum of understanding acknowledging that:
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a. Such records will remain confidential or exempt.
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b. Disclosure of such records or the information contained
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therein is prohibited unless specifically authorized by law.
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c. All records will be returned to the custodian at the
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conclusion of the transition period.
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d. The Governor-elect and each of his or her designees may
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not disclose or use confidential or exempt information for his
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or her personal gain or benefit or for the personal gain or
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benefit of any other person or business entity.
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e. A violation of sub-subparagraphs a.-d. is a crime
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punishable as a felony of the third degree.
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3. Any person who willfully and knowingly violates this
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paragraph commits a felony of the third degree, punishable as
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provided in s. 775.082 or s. 775.083.
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Section 2. Subsection (2) of section 14.057, Florida
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Statutes, is amended to read:
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14.057 Governor-elect; establishment of operating fund.—
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(2) The Department of Management Services shall provide
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for the Governor-elect, the Governor-elect's staff, and the
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inauguration staff temporary office facilities in the capitol
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center for the period extending from the day of the
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certification of the Governor-elect's election by the Elections
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Canvassing Commission to the day of his or her inauguration.
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Section 3. This act shall take effect upon becoming a law.