Notice of Proposed Rule

DEPARTMENT OF FINANCIAL SERVICES
Division of Consumer Services
RULE NO: RULE TITLE
69J-10.001: Governmental Efficiency Program
PURPOSE AND EFFECT: Section 17.325(1), F.S., requires the Chief Financial Officer (“CFO”) to establish a “Get Lean” telephone hotline to receive information or suggestions from citizens of the state on how to improve the operation of government, increase government efficiency, and eliminate waste in government. Section 17.325(3), F.S., requires the affected agency to conduct a preliminary evaluation of any suggestion and provide a response to the CFO. Section 17.30, F.S., allows the CFO to disseminate, in any form or manner she considers appropriate, information regarding the CFO’s official duties. The Division of Consumer Services has set up a “Get Lean Florida” website where citizens can also submit their suggestions.
SUMMARY: The proposed rule will allow citizens to submit suggestions either through the “Get Lean” telephone hotline or the “Get Lean Florida” website. The proposed rule will allow the CFO to email the suggestions to an agency contact person together with the secured website address where the agency can provide the CFO with a response. The proposed rule will require each suggestion to be evaluated by the agency to determine whether: (a) it was properly assigned; (b) it has merit; (c) it is practical to implement; (d) it will be implemented; and (e) there are any cost savings.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 17.29, 17.325(5) FS.
LAW IMPLEMENTED: 17.001, 17.30, 17.325 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: September 9, 2009, 2:00 p.m.
PLACE: Room 142, Larson Building, 200 E. Gaines Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Tom Terfinko (850)413-5802 or Tom.Terfinko@myfloridacfo.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tom Terfinko, Assistant Director, Division of Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0320; (850)413-5802 or Tom.Terfinko@myfloridacfo.com.

THE FULL TEXT OF THE PROPOSED RULE IS:

69J-10.001 Governmental Efficiency Program.

(1) The following definitions are applicable to this rule:

(a) “Agency” means each department, agency, board, and commission in the executive branch, the judicial branch and the legislative branch of Florida government and includes the State University System.

(b) “Suggestion” means the information received on the Get Lean hotline or Get Lean Florida website that relates to a specific government agency.

(c) “Suggestion Criteria” means those suggestions that improve the operation of government, increase government efficiency, or eliminate waste in government.

1. “Improve the operation of government” means to suggest a change that would reduce the cost or time it takes for an agency to provide a service pertaining to a new or existing contract and issues relating to the purchase of goods and services.

2. “Increase government efficiency” means to suggest a change that would increase productivity and improve the quality of services by identifying the misuse of state property and government resources.

3. “Eliminate waste in government” means to suggest a change that would reduce the cost or time it takes for an agency to provide a service by identifying wasteful practices or behavior resulting in savings to the State of Florida.

(d) “Get Lean Florida Website” means the Chief Financial Officer's secured website to provide citizens with information about the Get Lean hotline and to provide an alternative contact method for initiating a Get Lean hotline suggestion.

(e) “Get Lean Data Base” means the information that is captured to establish a Get Lean suggestion. Such data shall be used by the Chief Financial Officer to prepare reports and track suggestions.

(f) “Agency Contact” means the agency contact person that is designated to receive the Get Lean suggestions for evaluation and response.

(g) “Get Lean Agency Response Program” means the Chief Financial Officer’s secured internet website that shall be used to send Get Lean suggestions to an agency and to allow reporting by the affected agency back to the Chief Financial Officer.

(2) The statewide toll-free Get Lean hotline and Get Lean Florida website shall receive information or suggestions on improving the operation of government, increasing governmental efficiency, and eliminating waste in government.

(3) The Chief Financial Officer shall advertise the availability of the hotline and website in at least one newspaper of general circulation or newspaper on-line service in each of the major media markets throughout the State and shall provide for posting of notices in other places used by the public.

(4) The Get Lean hotline number shall be 1(800)Get-Lean 1(800)438-5326. The phone line shall operate during the regular business hours of 8:00 A.M. to 5:00 P.M. on Monday through Friday. After hours, citizens may leave a message on the Get Lean hotline confidential call recording system or be directed to the Get Lean Florida website at www.GetLeanFlorida.com. Pursuant to Section 17.325(3), F.S., a caller on the Get Lean hotline may remain anonymous, and if the caller provides his or her name, the name shall be confidential. If a state employee voluntarily discloses his or her name on the Get Lean hotline for referral to a state award program, the name of the state employee shall not be considered confidential. Suggestions submitted on the Get Lean Florida website can be anonymous and are subject to the public records law pursuant to Chapter 119, Florida Statutes.

(5) Each suggestion or item of information shall be evaluated by the Chief Financial Officer to determine if it meets the criteria in paragraph (1)(c) and shall be logged into the Get Lean data base. If the suggestion or item of information does not meet the criteria in paragraph (1)(c), the logged item shall be marked as closed.

(6) Each agency shall designate and maintain a contact person to receive Get Lean suggestions that are submitted to the Chief Financial Officer.

(7) If the suggestion or item of information meets the criteria in paragraph (1)(c), the Chief Financial Officer shall forward it in an email to the proper agency contact person together with the secured website address to the Get Lean Agency Response Program where the agency can provide the Chief Financial Officer with a response. Each suggestion shall be evaluated by the agency to determine whether: (a) it was properly assigned; (b) it has merit; (c) it is practical to implement; (d) it will be implemented; and (e) there are any cost savings. Upon completion of the evaluation, the agency shall email it back to the Chief Financial Officer through the Get Lean Agency Response Program.

(8) If the agency fails to respond to the email for a period of 60 days, the Chief Financial Officer shall send an email reminder notice to the agency contact person.

(9) Each month, the Chief Financial Officer shall submit a written report to the appropriations committee of the Senate and the House of Representatives that contains:

(a) The information or suggestions received through the “Get Lean” hotline and website; and

(b) The evaluations and determinations provided to the Chief Financial Officer by the affected agency with respect to such information or suggestions.

Rulemaking Authority 17.29, 17.325(5) FS. Law Implemented 17.001, 17.30, 17.325 FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Terfinko, Assistant Director, Division of Consumer Services, Department of Financial Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Alex Sink, Chief Financial Officer, Department of Financial Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 28, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 29, 2009