CODING: Words stricken are deletions; words underlined are additions.
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Senator Gutman moved the following amendment:
SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Gutman moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Subsection (4) and paragraphs (a), (c), and
18 (e) of subsection (5) of section 20.22, Florida Statutes, are
19 amended to read:
20 20.22 Department of Management Services.--There is
21 created a Department of Management Services.
22 (4) The duties of the Chief Labor Negotiator Office of
23 Labor Relations shall be determined by the Secretary of
24 Management Services, and must include, but need not be limited
25 to, the representation of the Governor as the public employer
26 in collective bargaining negotiations pursuant to the
27 provisions of chapter 447.
28 (5)(a) The Florida State Group Insurance Council is
29 created within the Division of State Group Insurance for the
30 purpose of providing joint and coordinated oversight of the
31 operation and administration of the state group insurance
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Bill No. CS for SB 1132
Amendment No.
1 program. The council shall consist of the state budget
2 director; an individual from the private sector with an
3 extensive health administration background, appointed by the
4 Governor; a member of the Florida Senate, appointed by the
5 President of the Senate; a member of the Florida House of
6 Representatives, appointed by the Speaker of the House of
7 Representatives; a representative of the State University
8 System, appointed by the Board of Regents; the State Insurance
9 Commissioner or his designee; the director of the Division of
10 Retirement; and two representatives of employees and retirees,
11 appointed by the Governor. Members of the council appointed by
12 the Governor shall be appointed to serve terms of 4 years
13 each. Each member of the council shall serve until a
14 successor is appointed. Additionally, The director of the
15 Division of State Group Employee Insurance shall not be a
16 nonvoting member of the council, but shall assume
17 responsibility for ensuring provision of administrative,
18 analytical, and technical support to the council.
19 (c) The council is assigned to the Division of State
20 Group Insurance for administrative and fiscal accountability
21 purposes, but the council and its staff shall otherwise
22 function independently of the control and direction of the
23 division. The division of State Group Insurance shall furnish
24 dedicated administrative and secretarial assistance to the
25 council, and other assistance to the council as requested.
26 (e) The council or a member thereof may not enter into
27 the day-to-day operation of the Division of State Group
28 Insurance and is specifically prohibited from taking part in:
29 1. The awarding or termination of contracts.
30 2. The selection of a consultant or contractor or the
31 prequalification of any individual consultant or contractor.
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Bill No. CS for SB 1132
Amendment No.
1 However, the council may recommend to the director standards
2 and policies governing the procedure for selection and
3 prequalification of consultants and contractors.
4 3. The employment, promotion, demotion, suspension,
5 transfer, or discharge of any division personnel.
6 4. The granting, denial, suspension, or revocation of
7 any license or permit issued by the division.
8 Section 2. Subsection (2) of section 110.109, Florida
9 Statutes, is amended to read:
10 110.109 Productivity improvement and personnel audits
11 of executive branch agencies.--The department shall be
12 responsible for conducting personnel audits of all executive
13 branch agencies, except the State University System, to
14 provide as follows:
15 (2) It shall be the duty of the department to audit
16 the personnel programs of the state agencies on a continuing
17 and regular basis to ensure the agencies' compliance with
18 state laws and regulations. A copy of such study made by the
19 department shall be submitted to the Governor, the President
20 of the Senate, the Speaker of the House of Representatives,
21 and the Auditor General.
22 Section 3. Subsection (5) of section 110.1099, Florida
23 Statutes, is amended, and subsection (6) is added to said
24 section, to read:
25 110.1099 Education and training opportunities for
26 state employees.--
27 (5) The Department of Management Services, in
28 consultation with the agencies and, to the extent applicable,
29 Florida's public postsecondary educational institutions, shall
30 adopt rules to implement and administer this section.
31 (6) As a precondition to approving an employee's
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Amendment No.
1 training request, an agency or the judicial branch may require
2 an employee to enter into an agreement that requires the
3 employee to reimburse the agency or judicial branch the
4 registration fee or similar expense for any training or
5 training series when the cost of the fee or similar expense
6 exceeds $1,000 if the employee voluntarily terminates
7 employment or is discharged for cause from the agency or
8 judicial branch within a specified period of time not
9 exceeding 4 years after the conclusion of the training. This
10 subsection does not apply to any training program that an
11 agency or the judicial branch requires the employee to attend.
12 An agency or the judicial branch may pay the outstanding
13 balance then due and owing on behalf of a state employee under
14 this subsection in connection with recruitment and hiring of
15 such state employee.
16 Section 4. Paragraph (d) of subsection (2) and
17 subsection (6) of section 110.112, Florida Statutes, is
18 amended to read:
19 110.112 Affirmative action; equal employment
20 opportunity.--
21 (2)
22 (d) The department shall report information in its
23 annual workforce report relating to annually to the Governor
24 on the implementation, continuance, updating, and results of
25 each executive agency's affirmative action plan for the
26 previous fiscal year.
27 (6) The department shall review and audit executive
28 agency actions in carrying out the rules adopted by the
29 department pursuant to this section and shall submit postaudit
30 reports to the Governor, the President of the Senate, the
31 Speaker of the House of Representatives, and the Auditor
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Bill No. CS for SB 1132
Amendment No.
1 General.
2 Section 5. Section 110.1165, Florida Statutes, is
3 amended to read:
4 110.1165 Executive branch personnel errors.--
5 (1) An agency of the executive branch, including the
6 State University System, shall establish procedures for the
7 receipt, consideration, and disposition of a claim regarding
8 pay or benefits brought by an employee when that employee is
9 damaged as a result of being provided with erroneous written
10 information by the employing agency regarding his or her pay
11 or benefits, and the employee detrimentally relies upon such
12 written information. In order to qualify for the relief
13 provided by this section, the employee's reliance on the
14 representation must have been reasonable and based only upon
15 the written representations made by those persons authorized
16 by the agency head to make such representations. Furthermore,
17 the erroneous calculation and payment of an employee's salary,
18 wages, or benefits is not among the written representations
19 which will trigger relief under this section. Section 95.11(4)
20 is the statute of limitations for filing any action to recover
21 salary, wages, overtime, benefits, or related damages by or on
22 behalf of a state employee, or any action under this section.
23 No distinctions between the terms "salary" and "wages" in
24 construing the provisions of s. 95.11(4) apply to this section
25 or the statute of limitations for filing any action under this
26 section.
27 (2) An agency of the executive branch, including the
28 State University System, is authorized to take such action as
29 may be appropriate to provide a remedy for an employee
30 concerning his or her claim regarding detrimental reliance on
31 erroneous written information provided by the employing agency
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Amendment No.
1 relating to pay and benefits, provided such remedy is within
2 the purview of the agency's authority. The agency has no
3 authority whatsoever to modify the state retirement system or
4 the state insurance program. Any monetary remedy afforded by
5 the agency must fall within the agency's budgetary authority.
6 Any person dissatisfied with the outcome of this process may
7 file either a grievance pursuant to the agency's internal
8 grievance process or an appeal to the Division of
9 Administrative Hearings pursuant to chapter 120, but not both.
10 (3) The time limit to file any action to recover
11 compensation, including, but not limited to, salaries, wages,
12 overtime pay, fringe benefits, or damages or penalties
13 relating thereto from, by, or on behalf of a state officer or
14 employee is 2 years from the date of the alleged error. This
15 time limit applies in all disputes over compensation for work
16 performed by state officers or employees, and is not confined
17 to cases arising under subsections (1) and (2).
18 Section 6. Subsection (2), paragraphs (a), (e), and
19 (h) of subsection (3), paragraphs (a) and (e) of subsection
20 (4), and subsections (5) and (9) of section 110.123, Florida
21 Statutes, are amended, and subsections (12) and (13) are added
22 to that section, to read:
23 110.123 State group insurance program.--
24 (2) DEFINITIONS.--As used in this section, the term:
25 (a) "Department" means the Department of Management
26 Services.
27 (b) "Division" means the Division of State Group
28 Insurance in the department.
29 (c) "Enrollee" means all state officers and employees,
30 retired state officers and employees, and surviving spouses of
31 deceased state officers and employees, and terminated
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 employees or individuals with continuation coverage who are
2 enrolled in an insurance plan offered by the state group
3 insurance program.
4 (d) "Full-time state employees" includes all full-time
5 employees of all branches or agencies of state government
6 holding salaried positions and paid by state warrant or from
7 agency funds, and employees paid from regular salary
8 appropriations for 8 months' employment, including university
9 personnel on academic contracts, but in no case shall "state
10 employee" or "salaried position" include persons paid from
11 other-personal-services (OPS) funds.
12 (e) "Health maintenance organization" or "HMO" means
13 an entity certified under part I of chapter 641.
14 (f) "Health plan member" means any person
15 participating in the state group health insurance plan or in a
16 health maintenance organization plan under the state group
17 insurance program, including enrollees and covered dependents
18 thereof.
19 (g)(f) "Part-time state employee" means any employee
20 of any branch or agency of state government paid by state
21 warrant from salary appropriations or from agency funds, and
22 who is employed for less than the normal full-time workweek
23 established by the department or, if on academic contract or
24 seasonal or other type of employment which is less than
25 year-round, is employed for less than 8 months during any
26 12-month period, but in no case shall "part-time" employee
27 include a person paid from other-personal-services (OPS)
28 funds.
29 (h)(g) "Retired state officer or employee" or
30 "retiree" means any state officer or state employee who
31 retires under a state retirement system or a state optional
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Bill No. CS for SB 1132
Amendment No.
1 annuity or retirement program or is placed on disability
2 retirement, and who was insured under the state group
3 insurance program at the time of retirement, and who begins
4 receiving retirement benefits immediately after retirement
5 from state office or employment.
6 (i)(h) "State agency" or "agency" means any branch,
7 department, or agency of state government.
8 (j) "State-contracted HMO" means any health
9 maintenance organization under contract with the division to
10 participate in the state group insurance program.
11 (k)(i) "State group health insurance plan" or "state
12 plan" means the state self-insured health insurance plan
13 offered to state officers and employees, retired state
14 officers and employees, and surviving spouses of deceased
15 state officers and employees pursuant to this section.
16 (l)(j) "State group insurance program" or "programs"
17 means the package of insurance plans offered to state officers
18 and employees, retired state officers and employees, and
19 surviving spouses of deceased state officers and employees
20 pursuant to this section, including the state group health
21 insurance plan, health maintenance organization plans, and
22 other plans required or authorized by this section.
23 (m)(k) "State officer" means any constitutional state
24 officer, any elected state officer paid by state warrant, or
25 any appointed state officer who is commissioned by the
26 Governor and who is paid by state warrant.
27 (n)(l) "Surviving spouse" means the widow or widower
28 of a deceased state officer, full-time state employee,
29 part-time state employee, or retiree if such widow or widower
30 was covered as a dependent under the state group health
31 insurance plan or a health maintenance organization plan
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 established pursuant to this section at the time of the death
2 of the deceased officer, employee, or retiree. "Surviving
3 spouse" also means any widow or widower who is receiving or
4 eligible to receive a monthly state warrant from a state
5 retirement system as the beneficiary of a state officer,
6 full-time state employee, or retiree who died prior to July 1,
7 1979. For the purposes of this section, any such widow or
8 widower shall cease to be a surviving spouse upon his or her
9 remarriage.
10 (3) STATE GROUP INSURANCE PROGRAM.--
11 (a) The Division of State Group Insurance is created
12 within the Department of Management Services, to be headed by
13 a director who shall be appointed by the Governor and
14 confirmed by the Senate. The division shall be a separate
15 budget entity, and the director shall be its agency head for
16 all purposes.
17 1. The director and assistant director shall be exempt
18 from the Career Service System as provided under s.
19 110.205(2)(i) of the state personnel law. In addition to the
20 20 policymaking positions allocated to the Department of
21 Management Services, under s. 110.205(2)(m), the director, as
22 agency head, may designate as being exempt from the Career
23 Service System a maximum of 10 positions determined by the
24 director to have policymaking or managerial responsibilities
25 comparable to such positions.
26 2. The Department of Management Services shall provide
27 administrative support and service to the division to the
28 extent requested by the director. The division shall not be
29 subject to control, supervision, or direction by the
30 Department of Management Services in any manner, including,
31 but not limited to, personnel, purchasing, transactions
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Amendment No.
1 involving real or personal property, and budgetary matters,
2 except to the extent as provided in this chapter and chapters
3 216, 255, 282, and 287 for agencies of the executive branch.
4 (e)1. Notwithstanding the provisions of chapter 287
5 and the authority of the Division of Purchasing, for the
6 purpose of protecting the health of, and providing medical
7 services to, state employees participating in the state group
8 insurance program Employees' Health Self-Insurance Plan, the
9 Division of State Group Insurance may contract to retain the
10 services of professional administrators for the state group
11 insurance program Employees' Health Self-Insurance Plan. The
12 division agency shall follow good purchasing practices of
13 state procurement to the extent practicable under the
14 circumstances.
15 2. Each vendor in a major procurement, and any other
16 vendor if the division deems it necessary to protect the
17 state's financial interests, shall, at the time of executing
18 any contract with the division, post an appropriate bond with
19 the division in an amount determined by the division to be
20 adequate to protect the state's interests but not higher than
21 the full amount estimated to be paid annually to the vendor
22 under the contract.
23 3. Each major contract entered into by the division
24 pursuant to this section shall contain a provision for payment
25 of liquidated damages to the division for material
26 noncompliance by a vendor with a contract provision. The
27 division may require a liquidated damages provision in any
28 contract if the division deems it necessary to protect the
29 state's financial interests.
30 4. The provisions of s. 120.57(3) apply to the
31 division's contracting process, except:
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Amendment No.
1 a. A formal written protest of any decision, intended
2 decision, or other action subject to protest shall be filed
3 within 72 hours after receipt of notice of the decision,
4 intended decision, or other action.
5 b. As an alternative to any provision of s. 120.57(3),
6 the division may proceed with the bid selection or contract
7 award process if the director of the division department sets
8 forth, in writing, particular facts and circumstances which
9 demonstrate the necessity of continuing the procurement
10 process or the contract award process in order to avoid a
11 substantial disruption to the provision of any scheduled
12 insurance services.
13 (h)1. A person eligible to participate in the state
14 group health insurance program plan may be authorized by rules
15 adopted by the division, in lieu of participating in the state
16 group health insurance plan, to exercise an option to elect
17 membership in a health maintenance organization plan which is
18 under contract with the state in accordance with criteria
19 established by this section and by said rules. The offer of
20 optional membership in a health maintenance organization plan
21 permitted by this paragraph may be limited or conditioned by
22 rule as may be necessary to meet the requirements of state and
23 federal laws.
24 2. The division shall contract with health maintenance
25 organizations to participate in the state group insurance
26 program through a request for proposal based upon a premium
27 and a minimum benefit package as follows:
28 a. A minimum benefit package to be provided by a
29 participating HMO shall include: physician services; inpatient
30 and outpatient hospital services; emergency medical services,
31 including out-of-area emergency coverage; diagnostic
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Amendment No.
1 laboratory and diagnostic and therapeutic radiologic services;
2 mental health, alcohol, and chemical dependency treatment
3 services meeting the minimum requirements of state and federal
4 law; skilled nursing facilities and services; prescription
5 drugs; and other benefits as may be required by the division.
6 Additional services may be provided subject to the contract
7 between the division and the HMO.
8 b. A uniform schedule for deductibles and copayments
9 may be established for all participating HMOs.
10 c. Based upon the minimum benefit package and
11 copayments and deductibles contained in sub-subparagraphs a.
12 and b., the division shall issue a request for proposal for
13 all HMOs which are interested in participating in the state
14 group insurance program. Upon receipt of all proposals, the
15 division may, as it deems appropriate, enter into contract
16 negotiations with HMOs submitting bids. As part of the request
17 for proposal process, the division may require detailed
18 financial data from each HMO which participates in the bidding
19 process for the purpose of determining the financial stability
20 of the HMO.
21 d. In determining which HMOs to contract with, the
22 division shall, at a minimum, consider: each proposed
23 contractor's previous experience and expertise in providing
24 prepaid health benefits; each proposed contractor's historical
25 experience in enrolling and providing health care services to
26 participants in the state group insurance program; the cost of
27 the premiums; the plan's ability to adequately provide service
28 coverage and administrative support services as determined by
29 the division; plan benefits in addition to the minimum benefit
30 package; accessibility to providers; and the financial
31 solvency of the plan. Nothing shall preclude the division from
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Amendment No.
1 negotiating regional or statewide contracts with health
2 maintenance organization plans when this is cost-effective and
3 when the division determines the plan has the best overall
4 benefit package for the service areas involved. However, no
5 HMO shall be eligible for a contract if the HMO's retiree
6 Medicare premium exceeds the retiree rate as set by the
7 division for the state group health insurance plan.
8 e. The division may limit the number of HMOs that it
9 contracts with in each service area based on the nature of the
10 bids the division receives, the number of state employees in
11 the service area, or and any unique geographical
12 characteristics of the service area. The division shall
13 establish by rule service areas throughout the state.
14 f. All persons participating in the state group
15 insurance program who are required to contribute towards a
16 total state group health premium shall be subject to the same
17 dollar contribution regardless of whether the enrollee enrolls
18 in the state group health insurance plan or in an HMO plan.
19 3. The division is authorized to negotiate and to
20 contract with specialty psychiatric hospitals for mental
21 health benefits, on a regional basis, for alcohol, drug abuse,
22 and mental and nervous disorders. The division may establish,
23 subject to the approval of the Legislature pursuant to
24 subsection (5), any such regional plan upon completion of an
25 actuarial study to determine any impact on plan benefits and
26 premiums.
27 4. In addition to contracting pursuant to subparagraph
28 2., the division shall enter into contract with any HMO to
29 participate in the state group insurance program which:
30 a. Serves greater than 5,000 recipients on a prepaid
31 basis under the Medicaid program;
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Amendment No.
1 b. Does not currently meet the 25 percent
2 non-Medicare/non-Medicaid enrollment composition requirement
3 established by the Department of Health and Human Services
4 excluding participants enrolled in the state group insurance
5 program;
6 c. Meets the minimum benefit package and copayments
7 and deductibles contained in sub-subparagraphs 2.a. and b.;
8 d. Is willing to participate in the state group
9 insurance program at a cost of premiums that is not greater
10 than 95 percent of the cost of HMO premiums accepted by the
11 division in each service area; and
12 e. Meets the minimum surplus requirements of s.
13 641.225.
14
15 The division is authorized to contract with HMOs that meet the
16 requirements of sub-subparagraphs a. through d. prior to the
17 open enrollment period for state employees. The division is
18 not required to renew the contract with the HMOs as set forth
19 in this paragraph more than twice. Thereafter, the HMOs shall
20 be eligible to participate in the state group insurance
21 program only through the request for proposal process
22 described in subparagraph 2.
23 5. All enrollees in the state group health insurance
24 plan or any health maintenance organization plan shall have
25 the option of changing to any other health plan which is
26 offered by the state within any open enrollment period
27 designated by the division. Open enrollment shall be held at
28 least once each calendar year.
29 6. Any HMO participating in the state group insurance
30 program shall, upon the request of the division, submit to the
31 division standardized data for the purpose of comparison of
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Amendment No.
1 the appropriateness, quality, and efficiency of care provided
2 by the HMO. Such standardized data shall include: membership
3 profiles; inpatient and outpatient utilization by age and sex,
4 type of service, provider type, and facility; and emergency
5 care experience. Requirements and timetables for submission of
6 such standardized data and such other data as the division
7 deems necessary to evaluate the performance of participating
8 HMOs shall be adopted by rule.
9 7. The division shall, after consultation with
10 representatives from each of the unions representing state and
11 university employees, establish a comprehensive package of
12 insurance benefits including, but not limited to, supplemental
13 health and life coverage, dental care, long-term care, and
14 vision care to allow state employees the option to choose the
15 benefit plans which best suit their individual needs.
16 a. Based upon a desired benefit package, the division
17 shall issue a request for proposal for health insurance
18 providers interested in participating in the state group
19 insurance program, and the division shall issue a request for
20 proposal for insurance providers interested in participating
21 in the non-health-related components of the state group
22 insurance program. Upon receipt of all proposals, the
23 division may enter into contract negotiations with insurance
24 providers submitting bids or negotiate a specially designed
25 benefit package. Insurance providers offering or providing
26 supplemental coverage as of May 30, 1991, which qualify for
27 pretax benefit treatment pursuant to s. 125 of the Internal
28 Revenue Code of 1986, with 5,500 or more state employees
29 currently enrolled may be included by the division in the
30 supplemental insurance benefit plan established by the
31 division without participating in a request for proposal,
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Amendment No.
1 submitting bids, negotiating contracts, or negotiating a
2 specially designed benefit package. These contracts shall
3 provide state employees with the most cost-effective and
4 comprehensive coverage available; however, no state or agency
5 funds shall be contributed toward the cost of any part of the
6 premium of such supplemental benefit plans.
7 b. Pursuant to the applicable provisions of s.
8 110.161, and s. 125 of the Internal Revenue Code of 1986, the
9 division shall enroll in the pretax benefit program those
10 state employees who voluntarily elect coverage in any of the
11 supplemental insurance benefit plans as provided by
12 sub-subparagraph a.
13 c. Nothing herein contained shall be construed to
14 prohibit insurance providers from continuing to provide or
15 offer supplemental benefit coverage to state employees as
16 provided under existing agency plans.
17 (4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE;
18 LIMITATION ON ACTIONS TO PAY AND COLLECT PREMIUMS.--
19 (a) Except as provided in paragraph (e) with respect
20 to law enforcement officers, correctional, and correctional
21 probation officers, and firefighters, legislative
22 authorization through the appropriations act is required for
23 payment by a state agency of any part of the premium cost of
24 participation in any group insurance plan. However, the state
25 contribution for full-time employees or part-time permanent
26 employees shall continue in the respective proportions for up
27 to 6 months for any such officer or employee who has been
28 granted an approved parental or medical leave of absence
29 without pay.
30 (e) No state contribution for the cost of any part of
31 the premium shall be made for retirees or surviving spouses
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Amendment No.
1 for any type of coverage under the state group insurance
2 program. However, any state agency that employs a full-time
3 law enforcement officer, correctional officer, or correctional
4 probation officer who is killed or suffers catastrophic injury
5 in the line of duty as provided in s. 112.19, or a full-time
6 firefighter who is killed or suffers catastrophic injury in
7 the line of duty as provided in s. 112.191, on or after July
8 1, 1980, as a result of an act of violence inflicted by
9 another person while the officer is engaged in the performance
10 of law enforcement duties or as a result of an assault against
11 the officer under riot conditions shall pay the entire premium
12 of the state group health insurance plan for the employee's
13 surviving spouse until remarried, and for each dependent child
14 of the employee subject to the conditions and limitations set
15 forth in s. 112.19 or s. 112.191, as applicable until the
16 child reaches the age of majority or until the end of the
17 calendar year in which the child reaches the age of 25 if:
18 1. At the time of the employee's death, the child is
19 dependent upon the employee for support; and
20 2. The surviving child continues to be a dependent for
21 support, or the surviving child is a full-time or part-time
22 student and is dependent for support.
23 (5) DIVISION OF STATE GROUP INSURANCE; POWERS AND
24 DUTIES.--The division is responsible for the administration of
25 the state group insurance program. The division shall
26 initiate and supervise the program as established by this
27 section and shall adopt such rules as are necessary to perform
28 its responsibilities. To implement this program, the division
29 shall, with prior approval by the Legislature:
30 (a) Determine the benefits to be provided and the
31 contributions to be required for the state group insurance
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Amendment No.
1 program. Such determinations, whether for a contracted plan or
2 a self-insurance plan pursuant to paragraph (c), do not
3 constitute rules within the meaning of s. 120.52 or final
4 orders within the meaning of s. 120.52. Any physician's fee
5 schedule used in the health and accident plan shall not be
6 available for inspection or copying by medical providers or
7 other persons not involved in the administration of the
8 program. However, in the determination of the design of the
9 program, the division shall consider existing and
10 complementary benefits provided by the Florida Retirement
11 System and the Social Security System.
12 (b) Prepare, in cooperation with the Department of
13 Insurance, the specifications necessary to implement the
14 program.
15 (c) Contract on a competitive proposal basis with an
16 insurance carrier or carriers, or professional administrator,
17 determined by the Department of Insurance to be fully
18 qualified, financially sound, and capable of meeting all
19 servicing requirements. Alternatively, the division may
20 self-insure any plan or plans contained in the state group
21 insurance program subject to approval based on actuarial
22 soundness by the Department of Insurance. The division may
23 contract with an insurance company or professional
24 administrator qualified and approved by the Department of
25 Insurance to administer such plan. Before entering into any
26 contract, the division shall advertise for competitive
27 proposals, and such contract shall be let upon the
28 consideration of the benefits provided in relationship to the
29 cost of such benefits. In determining which entity to contract
30 with, the division shall, at a minimum, consider: the
31 entity's previous experience and expertise in administering
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1 group insurance programs of the type it proposes to
2 administer; the entity's ability to specifically perform its
3 contractual obligations in this state and other governmental
4 jurisdictions; the entity's anticipated administrative costs
5 and claims experience; the entity's capability to adequately
6 provide service coverage and sufficient number of experienced
7 and qualified personnel in the areas of claims processing,
8 recordkeeping, and underwriting, as determined by the
9 division; the entity's accessibility to state employees and
10 providers; the financial solvency of the entity, using
11 accepted business sector measures of financial performance.
12 The division may contract for medical services which will
13 improve the health or reduce medical costs for employees who
14 participate in the state group insurance plan.
15 (d) With respect to the state group health insurance
16 plan, be authorized to require copayments with respect to all
17 providers under the plan.
18 (e) Have authority to establish a voluntary program
19 for comprehensive health maintenance, which may include health
20 educational components and health appraisals.
21 (f) With respect to any contract with an insurance
22 carrier or carriers or professional administrator entered into
23 by the division, require that the state and the enrollees be
24 held harmless and indemnified for any financial loss caused by
25 the failure of the insurance carrier or professional
26 administrator to comply with the terms of the contract.
27 (g) With respect to any contract with an insurance
28 carrier or carriers, or professional administrator entered
29 into by the division, require that the carrier or professional
30 administrator provide written notice to individual enrollees
31 if any payment due to any health care provider of the enrollee
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1 remains unpaid beyond a period of time as specified in the
2 contract.
3 (h) Have authority to establish a voluntary group
4 long-term care program or other programs to be funded on a
5 pretax contribution basis or on a posttax contribution basis,
6 as the division determines.
7
8 Final decisions concerning enrollment, the existence of
9 coverage, or covered benefits under the state group health
10 insurance program plan shall not be delegated or deemed to
11 have been delegated by the division.
12 (9) PUBLIC RECORDS LAW; EXEMPTION.--Patient medical
13 records and medical claims records of state employees, former
14 state employees, and their eligible covered dependents in the
15 custody or control of the state group insurance program are
16 confidential and exempt from the provisions of s. 119.07(1).
17 Such records shall not be furnished to any person other than
18 the affected state employee or former state employee, or his
19 or her the employee's legal representative, except upon
20 written authorization of the employee or former state
21 employee, but may be furnished in any civil or criminal
22 action, unless otherwise prohibited by law, upon the issuance
23 of a subpoena from a court of competent jurisdiction and
24 proper notice to the state employee, former state employee, or
25 his or her the employee's legal representative by the party
26 seeking such records.
27 Section 7. Section 110.12315, Florida Statutes, is
28 amended to read:
29 (Substantial rewording of section. See
30 s. 110.12315, F.S., for present text.)
31 110.12315 Prescription drug program.--The state
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Amendment No.
1 employees' prescription drug program is hereby established.
2 This program shall be administered by the Division of State
3 Group Insurance within the Department of Management Services,
4 according to the terms and conditions of the plan as
5 established by the Division of State Group Insurance and by
6 relevant provisions of the annual General Appropriations Act
7 and implementing legislation, subject to the following
8 conditions:
9 (1) The Division of State Group Insurance shall allow
10 prescriptions written by health care providers under the plan
11 to be filled by any licensed pharmacy pursuant to contractual
12 claims-processing provisions. However, nothing in this section
13 shall be construed as prohibiting a mail order prescription
14 drug program distinct from the service provided by retail
15 pharmacies.
16 (2) In providing for reimbursement of pharmacies for
17 prescription medicines dispensed to members of the state group
18 health insurance plan and their dependents under the state
19 employees' prescription drug program:
20 (a) Retail pharmacies participating in the program
21 shall be reimbursed at a uniform rate and subject to uniform
22 conditions, according to the terms and conditions of the plan.
23 (b) There shall be a 30-day supply limit for
24 prescription card purchases; there shall be a 90-day supply
25 limit for mail order or mail order prescription drug
26 purchases.
27 (c) The current pharmacy dispensing fee shall remain
28 in effect.
29 (3) The Division of State Group Insurance shall
30 establish the reimbursement schedule for prescription
31 pharmaceuticals dispensed under the program. Reimbursement
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1 rates for a prescription pharmaceutical shall be based on the
2 cost of the generic equivalent drug if a generic equivalent
3 exists, unless the physician prescribing the pharmaceutical
4 clearly states on the prescription that the brand name drug is
5 medically necessary or that the drug product is included on
6 the formulary of drug products that may not be interchanged as
7 provided in chapter 465, in which case, reimbursement shall be
8 based on the cost of the brand name drug as specified in the
9 reimbursement schedule adopted by the Division of State Group
10 Insurance.
11 (4) The Division of State Group Insurance shall
12 conduct a prescription utilization review program. In order
13 to participate in the state employees' prescription drug
14 program, retail pharmacies dispensing prescription medicines
15 to members of the state group health insurance plan or their
16 covered dependents, or to subscribers or covered dependents of
17 a health maintenance organization plan under the state group
18 insurance program, shall be required to make their records
19 available for this review.
20 (5) The Division of State Group Insurance shall
21 implement such additional cost saving measures and adjustments
22 as may be required to balance program funding within
23 appropriations provided, including, but not limited to, a
24 trial or starter dose program and dispensing of long-term
25 maintenance medication in lieu of acute therapy medication.
26 (6) Participating pharmacies must use a point-of-sale
27 device or an on-line computer system to verify a participant's
28 eligibility for coverage. The state is not liable for
29 reimbursement of a participating pharmacy for dispensing
30 prescription drugs to any person whose current eligibility for
31 coverage has not been verified by the state's contracted
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1 administrator or by the Division of State Group Insurance.
2 Section 8. Section 110.1232, Florida Statutes, is
3 amended to read:
4 110.1232 Health insurance coverage for persons retired
5 under state-administered retirement systems before January 1,
6 1976, and for spouses.--Notwithstanding any provisions of law
7 to the contrary, the Division of State Group Insurance shall
8 provide health insurance coverage under in the state group
9 Health insurance program Plan for persons who retired prior to
10 January 1, 1976, under any of the state-administered
11 retirement systems and who are not covered by social security
12 and for the spouses and surviving spouses of such retirees who
13 are also not covered by social security. Such health
14 insurance coverage shall provide the same benefits as provided
15 to other retirees who are entitled to participate under s.
16 110.123. The claims experience of this group shall be
17 commingled with the claims experience of other members covered
18 under s. 110.123.
19 Section 9. Subsection (1) of section 110.1234, Florida
20 Statutes, is amended to read:
21 110.1234 Health insurance for retirees under the
22 Florida Retirement System; Medicare supplement and fully
23 insured coverage.--
24 (1) The Division of State Group Insurance shall
25 solicit competitive bids from state-licensed insurance
26 companies to provide and administer a fully insured Medicare
27 supplement policy for all eligible retirees of a state or
28 local public employer. Such Medicare supplement policy shall
29 meet the provisions of ss. 627.671-627.675. For the purpose
30 of this subsection, "eligible retiree" means any public
31 employee who retired from a state or local public employer who
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1 is covered by Medicare, Parts A and B. The division department
2 shall authorize one company to offer the Medicare supplement
3 coverage to all eligible retirees. All premiums shall be paid
4 by the retiree.
5 Section 10. Section 110.1238, Florida Statutes, is
6 amended to read:
7 110.1238 State group health insurance plans; refunds
8 with respect to overcharges by providers.--A participant in a
9 state group health insurance plan who discovers that he or she
10 was overcharged by a health care provider shall receive a
11 refund of 50 percent of any amount recovered as a result of
12 such overcharge, up to a maximum of $1,000 per admission.
13 Section 11. Section 110.1245, Florida Statutes, is
14 amended to read:
15 110.1245 Meritorious service awards program.--
16 (1) The Department of Management Services shall set
17 policy, develop procedures, and promote a program of
18 meritorious service awards, incentives, and recognition to
19 employees who:
20 (a) Propose procedures or ideas which are adopted and
21 which will result in increasing productivity, in eliminating
22 or reducing state expenditures or improving operations, or in
23 generating additional revenues, provided such proposals are
24 placed in effect and can be implemented under current
25 statutory authority; or
26 (b) By their superior accomplishments, make
27 exceptional contributions to the efficiency, economy, or other
28 improvement in the operations of the state government.
29
30 Every state agency, unless otherwise provided by law, shall
31 participate in the program. The Chief Justice shall have the
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1 authority to establish a meritorious service awards program
2 for employees of the judicial branch within the parameters
3 established in this section. The component of the program
4 specified in paragraph (a) shall apply to all employees within
5 the Career Service System, the Selected Exempt Service System,
6 and comparable employees within the judicial branch. The
7 component of the program specified in paragraph (b) shall
8 apply to all employees of the state. No award granted under
9 the component of the program described in paragraph (a) shall
10 exceed 10 percent of the first year's actual savings or actual
11 revenue increase, up to $25,000, plus applicable taxes, unless
12 a larger award is made by the Legislature, and shall be paid
13 from the appropriation available to the judicial branch or
14 state agency affected by the award or from any specific
15 appropriation therefor. No award granted under the component
16 of the program described in paragraph (b) shall exceed $1,000
17 plus applicable taxes per individual employee. The judicial
18 branch or an agency may award savings bonds or other items in
19 lieu of cash awards, provided that the cost of such item does
20 not exceed the limits specified in this subsection. In
21 addition, the judicial branch or a state agency may award
22 certificates, pins, plaques, letters of commendation, and
23 other tokens of recognition of meritorious service to an
24 employee eligible for recognition under either component of
25 the program, provided that the award may not cost in excess of
26 $100 $75 each plus applicable taxes.
27 (2) The department and the judicial branch shall
28 submit annually to the President of the Senate and the Speaker
29 of the House of Representatives information that by April 1 of
30 each year a report which outlines each agency's level of
31 participation in the meritorious service awards program. The
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Amendment No.
1 information must report shall include, but is not be limited
2 to:
3 (a) The number of proposals made.
4 (b) The number of awards made to employees for adopted
5 proposals.
6 (c) The actual cost savings realized as a result of
7 implementing employee proposals.
8 (d) Total expenditures incurred by the agency for
9 providing awards to employees for adopted proposals.
10 (e) The number of employees recognized for superior
11 accomplishments.
12 (f) The number of employees recognized for
13 satisfactory service to the state.
14 (3) Each department head is authorized to incur
15 expenditures to award suitable framed certificates, pins, and
16 other tokens of recognition to retiring state employees whose
17 service with the state has been satisfactory, in appreciation
18 and recognition of such service. Such awards may not cost in
19 excess of $100 $50 each plus applicable taxes.
20 (4) Each department head is authorized to incur
21 expenditures to award suitable framed certificates, pins, or
22 other tokens of recognition to state employees who have
23 achieved increments of 5 years of satisfactory service in the
24 agency or to the state, in appreciation and recognition of
25 such service. Such awards may not cost in excess of $50 $10
26 each plus applicable taxes.
27 (5) Each department head is authorized to incur
28 expenditures not to exceed $100 $50 each plus applicable taxes
29 for suitable framed certificates, plaques, or other tokens of
30 recognition to any appointed member of a state board or
31 commission whose service to the state has been satisfactory,
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1 in appreciation and recognition of such service upon the
2 expiration of such board or commission member's final term in
3 such position.
4 Section 12. Subsections (5), (6), and (7) of section
5 110.161, Florida Statutes, are amended to read:
6 110.161 State employees; pretax benefits program.--
7 (5) The Division of State Group Insurance shall
8 develop rules for the pretax benefits program, which shall
9 specify the benefits to be offered under the program, the
10 continuing tax-exempt status of the program, and any other
11 matters deemed necessary by the division department to
12 implement this section. The rules must be approved by a
13 majority vote of the Administration Commission.
14 (6) The Division of State Group Insurance is
15 authorized to administer the establish a pretax benefits
16 program established for all employees so that whereby
17 employees may would receive benefits which are not includable
18 in gross income under the Internal Revenue Code of 1986. The
19 pretax benefits program: shall be implemented in phases.
20 (a) Phase one Shall allow employee contributions to
21 premiums for the state group insurance health program
22 administered under s. 110.123 and state life insurance to be
23 paid on a pretax basis unless an employee elects not to
24 participate.
25 (b) Phase two Shall allow employees to voluntarily
26 establish expense reimbursement plans from their salaries on a
27 pretax basis to pay for qualified medical and dependent care
28 expenses, including premiums paid by employees for qualified
29 supplemental insurance.
30 (c) Phase two May also provide for the payment of such
31 premiums through a pretax payroll procedure as used in phase
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Amendment No.
1 one. The Administration Commission and the Division of State
2 Group Insurance are directed to take all actions necessary to
3 preserve the tax-exempt status of the program.
4 (7) The Legislature recognizes that a substantial
5 amount of the employer savings realized by the implementation
6 of a pretax benefits program will be the result of diminutions
7 in the state's employer contribution to the Federal Insurance
8 Contributions Act tax. There is hereby created the Pretax
9 Benefits Trust Fund in the Division of State Group Insurance.
10 Each agency shall transfer to the Pretax Benefits Trust Fund
11 the employer FICA contributions saved by the state as a result
12 of the implementation of the pretax benefits program
13 authorized pursuant to this section. Any moneys forfeited
14 pursuant to employees' salary reduction agreements to
15 participate in phase one or phase two of the program must also
16 be deposited in the Pretax Benefits Trust Fund. Moneys in the
17 Pretax Benefits Trust Fund shall be used for the pretax
18 benefits program, including its administration by the Division
19 of State Group Insurance Department of Management Services or
20 a third-party administrator.
21 Section 13. Paragraph (b) of subsection (2) of section
22 110.181, Florida Statutes, is amended to read:
23 110.181 Florida State Employees' Charitable
24 Campaign.--
25 (2) SELECTION OF FISCAL AGENTS; COST.--
26 (b) The fiscal agent shall withhold the reasonable
27 costs for conducting the campaign and for accounting and
28 distribution to the participating organizations and shall
29 reimburse the department the actual cost, not to exceed 1
30 percent of gross pledges, for coordinating the campaign in
31 accordance with the rules of the department. In any fiscal
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Amendment No.
1 year in which the Legislature specifically appropriates to the
2 department its total costs for coordinating the campaign from
3 the General Revenue Fund, the fiscal agent shall not reimburse
4 such costs to the department under this subsection. Otherwise,
5 reimbursement will be the difference between actual costs and
6 the amount appropriated.
7 Section 14. Subsection (5) is added to section
8 110.201, Florida Statutes, to read:
9 110.201 Personnel rules, records, and reports.--
10 (5) The department shall develop a workforce report
11 that contains data with regard to the state's human resources.
12 The report should identify trends for planning and improving
13 the management of the state's human resources. The department
14 shall submit this report annually to the Governor, the
15 President of the Senate, and the Speaker of the House of
16 Representatives.
17 Section 15. Paragraphs (i) and (m) of subsection (2)
18 of section 110.205, Florida Statutes, are amended to read:
19 110.205 Career service; exemptions.--
20 (2) EXEMPT POSITIONS.--The exempt positions which are
21 not covered by this part include the following, provided that
22 no position, except for positions established for a limited
23 period of time pursuant to paragraph (h), shall be exempted if
24 the position reports to a position in the career service:
25 (i) The appointed secretaries, assistant secretaries,
26 deputy secretaries, and deputy assistant secretaries of all
27 departments; the executive directors, assistant executive
28 directors, deputy executive directors, and deputy assistant
29 executive directors of all departments; and the directors of
30 all divisions and those positions determined by the department
31 to have managerial responsibilities comparable to such
29
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Amendment No.
1 positions, which positions include, but are not limited to,
2 program directors, assistant program directors, district
3 administrators, deputy district administrators, the Director
4 of Central Operations Services of the Department of Health and
5 Rehabilitative Services, the assistant director of the
6 Division of State Group Insurance and the assistant director
7 of the Division of Retirement of the Department of Management
8 Services, and the State Transportation Planner, State Highway
9 Engineer, State Public Transportation Administrator, district
10 secretaries, district directors of planning and programming,
11 production, and operations, and the managers of the offices
12 specified in s. 20.23(3)(d)2., of the Department of
13 Transportation. Unless otherwise fixed by law, the department
14 shall set the salary and benefits of these positions in
15 accordance with the rules of the Senior Management Service.
16 (m)1. In addition to those positions exempted by other
17 paragraphs of this subsection, each department head may
18 designate a maximum of 20 policymaking or managerial
19 positions, as defined by the department and approved by the
20 Administration Commission, as being exempt from the Career
21 Service System. Career service employees who occupy a
22 position designated as a position in the Selected Exempt
23 Service under this paragraph shall have the right to remain in
24 the Career Service System by opting to serve in a position not
25 exempted by the employing agency. Unless otherwise fixed by
26 law, the department shall set the salary and benefits of these
27 positions in accordance with the rules of the Selected Exempt
28 Service; provided, however, that if the agency head determines
29 that the general counsel, chief Cabinet aide, public
30 information administrator or comparable position for a Cabinet
31 officer, inspector general, or legislative affairs director
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Amendment No.
1 has both policymaking and managerial responsibilities and if
2 the department determines that any such position has both
3 policymaking and managerial responsibilities, the salary and
4 benefits for each such position shall be established by the
5 department in accordance with the rules of the Senior
6 Management Service. In addition, each department may designate
7 one additional position in the Senior Management Service if
8 that position reports directly to the agency head or to a
9 position in the Senior Management Service and if any
10 additional costs are absorbed from the existing budget of that
11 department.
12 2. If otherwise exempt, employees of the Public
13 Employees Relations Commission, the Commission on Human
14 Relations, and the Unemployment Appeals Commission, upon the
15 certification of their respective commission heads, may be
16 provided for under this paragraph as members of the Senior
17 Management Service, if otherwise qualified. However, the
18 deputy general counsels of the Public Employees Relations
19 Commission shall be compensated as members of the Selected
20 Exempt Service.
21 Section 16. Subsection (4) of section 110.235, Florida
22 Statutes, is amended to read:
23 110.235 Training.--
24 (4) Each employing agency shall annually evaluate and
25 report to the department the training it has implemented and
26 the progress it has made in the area of training. The
27 department shall review and consolidate the information
28 reported to it by the agencies and shall annually report the
29 progress of the agencies in training to the Governor, the
30 President of the Senate, and the Speaker of the House of
31 Representatives.
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Amendment No.
1 Section 17. Subsection (5) of section 110.503, Florida
2 Statutes, is amended to read:
3 110.503 Responsibilities of departments and
4 agencies.--Each department or agency utilizing the services of
5 volunteers shall:
6 (5) Provide for the recognition of volunteers who have
7 offered continuous and outstanding service to
8 state-administered programs. Each department or agency using
9 the services of volunteers is authorized to incur expenditures
10 not to exceed $75 each plus applicable taxes for suitable
11 framed certificates, plaques, or other tokens of recognition
12 to honor, reward, or encourage volunteers for their service.
13 Section 18. Subsection (6) of section 110.504, Florida
14 Statutes, is amended to read:
15 110.504 Volunteer benefits.--
16 (6) Incidental recognition benefits or incidental
17 nonmonetary awards may be furnished to volunteers serving in
18 state departments to award, recognize, or encourage volunteers
19 for their service. The awards may not cost in excess of $75
20 each plus applicable taxes.
21 Section 19. Paragraph (f) of subsection (3) and
22 subsections (12) and (13) of section 112.061, Florida
23 Statutes, are amended to read:
24 112.061 Per diem and travel expenses of public
25 officers, employees, and authorized persons.--
26 (3) AUTHORITY TO INCUR TRAVEL EXPENSES.--
27 (f) A traveler who becomes sick or injured while away
28 from his or her official headquarters and is therefore unable
29 to perform the official business of the agency may continue to
30 receive subsistence as provided in subsection (6) during this
31 period of illness or injury until such time as he or she is
32
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1 able to perform the official business of the agency or returns
2 to his or her official headquarters, whichever is earlier.
3 Such subsistence may be paid when approved by the agency head
4 or his or her designee.
5 (12) ADVANCEMENTS.--Notwithstanding any of the
6 foregoing restrictions and limitations, an agency head or his
7 or her designee may make, or authorize the making of, advances
8 to cover anticipated costs of travel to travelers. Such
9 advancements may include the costs of subsistence and travel
10 of any person transported in the care or custody of the
11 traveler in the performance of his or her duties.
12 (13) DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever
13 an agency requires an employee to incur either Class A or
14 Class B travel on emergency notice to the traveler, such
15 traveler may request the agency to pay his or her expenses for
16 meals and lodging directly to the vendor, and the agency may
17 pay the vendor the actual expenses for meals and lodging
18 during the travel period, limited to an amount not to exceed
19 that authorized pursuant to this section. In emergency
20 situations, the agency head or his or her designee may
21 authorize an increase in the amount paid for a specific meal,
22 provided that the total daily cost of meals does not exceed
23 the total amount authorized for meals each day. The agency
24 head or his or her designee may also grant prior approval for
25 a state agency to make direct payments of travel expenses in
26 other situations that result in cost savings to the state, and
27 such cost savings shall be documented in the voucher submitted
28 to the Comptroller for the direct payment of travel expenses.
29 The provisions of this subsection shall not be deemed to apply
30 to any legislator or to any employee of either house of the
31 Legislature or of the Joint Legislative Management Committee.
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Amendment No.
1 Section 20. Section 121.025, Florida Statutes, is
2 amended to read:
3 121.025 Administrator; powers and duties.--The
4 director of the Division of Retirement shall be the
5 administrator of the retirement and pension systems assigned
6 or transferred to the Division of Retirement by law and shall
7 have the authority to sign the contracts necessary to carry
8 out the duties and responsibilities assigned by law to the
9 Division of Retirement. The director and assistant director
10 shall be exempt from the Career Service System as provided
11 under s. 110.205(2)(i) of the state personnel law. In addition
12 to the 20 policymaking positions allocated to the Department
13 of Management Services, under s. 110.205(2)(m), the director,
14 as agency head, may designate as being exempt from the Career
15 Service System a maximum of 10 positions determined by the
16 director to have policymaking or managerial responsibilities
17 comparable to such positions.
18 Section 21. Subsection (1) of section 215.196, Florida
19 Statutes, is amended to read:
20 215.196 Architects Incidental Trust Fund; creation;
21 assessment.--
22 (1) There is created the Architects Incidental Trust
23 Fund for the purpose of providing sufficient funds for the
24 operation of the facilities development activities of the
25 Department of Management Services Division of Building
26 Construction.
27 Section 22. Subsections (5) and (9) of section
28 215.422, Florida Statutes, are amended to read:
29 215.422 Warrants, vouchers, and invoices; processing
30 time limits; dispute resolution; agency or judicial branch
31 compliance.--
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Amendment No.
1 (5) All purchasing agreements between a state agency
2 or the judicial branch and a vendor, applicable to this
3 section, shall include a statement of the vendor's rights and
4 the state's responsibilities under this section. The vendor's
5 rights shall include being provided with the name and
6 telephone number of the vendor ombudsman within the Department
7 of Banking and Finance, which information shall also be placed
8 on all agency or judicial branch purchase orders.
9 (9) Each agency and the judicial branch shall include
10 in the official position description of every officer or
11 employee who is responsible for the approval or processing of
12 vendors' invoices or distribution of warrants to vendors that
13 the requirements of this section are mandatory. In addition,
14 each employee shall be required to sign a statement at least
15 annually that he or she has been provided a copy of this
16 section and the rules promulgated by the Comptroller. The
17 statement shall also acknowledge that the employee understands
18 the approval and processing time limitations and the provision
19 for automatic interest penalty payments. Each agency and the
20 judicial branch shall certify its compliance with this
21 subsection to the Comptroller on or before February 1 of each
22 year.
23 Section 23. Paragraph (a) of subsection (5) of section
24 215.94, Florida Statutes, is amended to read:
25 215.94 Designation, duties, and responsibilities of
26 functional owners.--
27 (5) The Department of Management Services shall be the
28 functional owner of the Cooperative Personnel Employment
29 Subsystem. The department shall design, implement, and
30 operate the subsystem in accordance with the provisions of ss.
31 110.116 and 215.90-215.96. The subsystem shall include, but
35
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Amendment No.
1 shall not be limited to, functions for:
2 (a) Maintenance of employee and position data,
3 including funding sources and percentages and salary lapse.
4 The employee data shall include, but not be limited to,
5 information to meet the payroll system requirements of the
6 Department of Banking and Finance and to meet the employee
7 benefit system requirements of the Division of State Group
8 Employees Insurance in the Department of Management Services.
9 Section 24. Paragraph (v) of subsection (1) of section
10 216.011, Florida Statutes, is amended to read:
11 216.011 Definitions.--
12 (1) For the purpose of fiscal affairs of the state,
13 appropriations acts, legislative budgets, and approved
14 budgets, each of the following terms has the meaning
15 indicated:
16 (v) "Operating capital outlay" means equipment,
17 fixtures, and other tangible personal property of a
18 nonconsumable and nonexpendable nature, the value or cost of
19 which is $1,000 $500 or more and the normal expected life of
20 which is 1 year or more, and hardback-covered bound books that
21 are circulated to students or the general public, the value or
22 cost of which is $25 or more, and hardback-covered bound
23 books, the value or cost of which is $250 $100 or more.
24 Section 25. Paragraphs (b) and (k) of subsection (2)
25 of section 255.249, Florida Statutes, are amended to read:
26 255.249 Division of Facilities Management;
27 responsibility; department rules.--
28 (2) The department shall promulgate rules pursuant to
29 chapter 120 providing:
30 (b) Procedures for soliciting and accepting
31 competitive proposals for leased space of 5,000 3,000 square
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 feet or more in privately owned buildings, for evaluating the
2 proposals received, for exemption from competitive bidding
3 requirements of any lease the purpose of which is the
4 provision of care and living space for persons or emergency
5 space needs as provided in s. 255.25(10), and for the securing
6 of at least three documented quotes for a lease that is not
7 required to be competitively bid.
8 (k) For a lease of less than 5,000 3,000 square feet,
9 a method for certification by the agency head or the agency
10 head's designated representative that all criteria for leasing
11 have been fully complied with and for the filing of a copy of
12 such lease and all supporting documents with the department
13 for its review and approval as to technical sufficiency.
14 Section 26. Paragraph (b) of subsection (2) and
15 subsection (3) of section 255.25, Florida Statutes, are
16 amended to read:
17 255.25 Approval required prior to construction or
18 lease of buildings.--
19 (2)
20 (b) The approval of the Department Division of
21 Facilities Management Services, except for technical
22 sufficiency, need not be obtained for the lease of less than
23 5,000 3,000 square feet of space within a privately owned
24 building, provided the agency head or the agency head's
25 designated representative has certified compliance with
26 applicable leasing criteria as may be provided pursuant to s.
27 255.249(2)(k) and has determined such lease to be in the best
28 interest of the state. Such a lease which is for a term
29 extending beyond the end of a fiscal year is subject to the
30 provisions of ss. 216.311, 255.2502, and 255.2503.
31 (3)(a) Except as provided in subsection (10) and
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 except for those leases negotiated pursuant to the pilot
2 project for contracted tenant brokers established by the
3 Department of Management Services in this act, no state agency
4 shall enter into a lease as lessee for the use of 5,000 3,000
5 square feet or more of space in a privately owned building
6 except upon advertisement for and receipt of competitive bids
7 and award to the lowest and best bidder. The Department of
8 Management Services Division of Facilities Management shall
9 have the authority to approve a lease for 5,000 3,000 square
10 feet or more of space that covers more than 1 fiscal year,
11 subject to the provisions of ss. 216.311, 255.2501, 255.2502,
12 and 255.2503, if such lease is, in the judgment of the
13 department division, in the best interests of the state. This
14 paragraph does not apply to buildings or facilities of any
15 size leased for the purpose of providing care and living space
16 for persons.
17 (b) The Department Division of Facilities Management
18 Services may approve extensions of an existing lease of 5,000
19 3,000 square feet or more of space if such extensions are
20 determined to be in the best interests of the state, but in no
21 case shall the total of such extensions exceed 11 months. If
22 at the end of the 11th month an agency still needs space, it
23 shall be procured by competitive bid in accordance with s.
24 255.249(2)(b).
25 (c) Any person who files an action protesting a
26 decision or intended decision pertaining to a competitive bid
27 for space to be leased by the agency pursuant to s.
28 120.57(3)(b) shall post with the state agency at the time of
29 filing the formal written protest a bond payable to the agency
30 in an amount equal to 1 percent of the estimated total rental
31 of the basic lease period or $5,000, whichever is greater
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 less, which bond shall be conditioned upon the payment of all
2 costs which may be adjudged against him or her in the
3 administrative hearing in which the action is brought and in
4 any subsequent appellate court proceeding. If the agency
5 prevails after completion of the administrative hearing
6 process and any appellate court proceedings, it shall recover
7 all costs and charges which shall be included in the final
8 order or judgment, excluding attorney's fees. Upon payment of
9 such costs and charges by the person protesting the award, the
10 bond shall be returned to him or her. If the person
11 protesting the award prevails, the bond shall be returned to
12 that person and he or she shall recover from the agency all
13 costs and charges which shall be included in the final order
14 of judgment, excluding attorney's fees.
15 Section 27. Contracted tenant brokers; pilot
16 project.--
17 (1) The Department of Management Services shall
18 undertake a pilot project in Hillsborough, Leon, Levy, and
19 Orange Counties for a contracted tenant broker to assist state
20 agencies in locating suitable private sector leases. The
21 department shall solicit qualified candidates through the
22 request for proposals process and conduct interviews of
23 finalists. The tenant broker shall be under contract to the
24 department, but all fees or commissions to be paid to the
25 tenant broker shall be paid by the ultimate private sector
26 lessor. The department shall select two brokers in each county
27 in the pilot project. Agencies may employ the services of
28 either broker in any such county for a specified period of
29 time for a given property procurement. Except for the
30 exemption from competitive bidding as described in s.
31 255.25(3)(a), Florida Statutes, current leasing procedures
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 would remain in effect, including the zone rate guidelines.
2 Brokers shall be required to disclose any conflict of interest
3 and all compensation received from transactions. Brokers'
4 compensation shall be no more than what is customarily found
5 in the marketplace. Contracts between the department and the
6 brokers shall be for a term of 1 year, renewable for an
7 additional year based on a satisfactory performance review.
8 The Department of Management Services is authorized to adopt
9 such rules as may be necessary to carry out the intent of this
10 section.
11 (2) In designing the pilot project, the department
12 shall endeavor to accomplish the following goals:
13 (a) Provide for a faster, more efficient, and
14 cost-effective lease procurement process.
15 (b) Provide access for agencies to experienced brokers
16 with knowledge of the local marketplace.
17 (c) Provide a documented, professional cost/benefit
18 analysis of all choices.
19 (d) Provide for the ability to negotiate the best
20 deal.
21 (e) Provide the ability to reject any proposal which
22 does not meet the needs of the agency.
23 (f) Provide that the Department of Management Services
24 shall have final review and approval of all leases to ensure
25 quality control.
26 (3) On or before July 1, 2000, the Department of
27 Management Services shall report to the Legislature on the
28 effectiveness of the pilot project and shall make
29 recommendations, in the form of legislation, if necessary, for
30 the implementation of the project on a statewide basis.
31 (4) The pilot project shall stand repealed effective
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 July 1, 2000.
2 Section 28. Subsection (2) of section 255.257, Florida
3 Statutes, is amended to read:
4 255.257 Energy management plan; buildings occupied by
5 state agencies.--
6 (2) ENERGY CONSUMPTION AND COST DATA.--Each state
7 agency shall submit, in the form and manner to be prescribed
8 by the Department Division of Facilities Management Services,
9 data on energy consumption and cost. The data gathered shall
10 be on state-owned facilities and metered state-leased
11 facilities of 5,000 net square feet or more. These data will
12 be used in the computation of the effectiveness of the state
13 energy management plan and the effectiveness of the energy
14 management program of each of the reporting agencies. The
15 department division shall advise the various agencies on the
16 effectiveness of their energy management programs.
17 Section 29. Section 255.503, Florida Statutes, is
18 amended to read:
19 255.503 Powers of the Department Division of
20 Facilities Management Services.--
21 (1) The Department Division of Facilities Management
22 Services shall have all the authority necessary to carry out
23 and effectuate the purposes and provisions of this act,
24 including, but not limited to, the authority to:
25 (a)(1) Collect reasonable rentals or charges for the
26 use of and services provided for facilities in the pool in
27 accordance with the provisions of this act exclusively for the
28 purpose of paying the expenses of improving, repairing,
29 maintaining, and operating facilities and paying debt service
30 charges in connection with its obligations.
31 (b)(2) Prescribe for the use of facilities in the
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 pool, prescribe the amount of rentals or charges, and make and
2 enter into contracts with any political subdivision or agency,
3 for the use of and services provided for such facilities.
4 (c)(3) Acquire facilities pursuant to s. 11(e), Art.
5 VII of the State Constitution and own, operate, and finance
6 such facilities in accordance with this act through the
7 issuance of obligations by the division under this act; to
8 utilize rentals or charges from such facilities, as well as
9 any appropriated state or other public funds; and to pledge
10 revenue from such facilities to finance the acquisition of
11 facilities pursuant to the provisions of this act.
12 (d)(4) Operate existing state-owned facilities in the
13 pool and to pledge rentals or charges for such facilities to
14 finance the acquisition of facilities pursuant to the
15 provisions of this act.
16 (e)(5) Pledge, hypothecate, or otherwise encumber
17 rentals or charges as may be agreed as security for
18 obligations issued under this act and enter into trust
19 agreements or indentures for the benefit of the holders of
20 such obligations.
21 (f)(6) Borrow money or accept advances, loans, gifts,
22 grants, devises, or bequests from any source; enter into
23 contracts or agreements with any party; and hold and apply
24 advances, loans, gifts, grants, devises, or bequests according
25 to the terms thereof. Such advances, loans, gifts, grants,
26 devises, or bequests of real estate may be in fee simple or of
27 any lesser estate and may be subject to any reasonable
28 reservations. Any advances or loans received from any source
29 may be repaid in accordance with the terms of such advance or
30 loan.
31 (g)(7) Sell, lease, release, or otherwise dispose of
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 facilities in the pool in accordance with applicable law.
2 (h)(8) Create and establish funds and accounts for the
3 purpose of debt service reserves, for the matching of the
4 timing and the amount of available funds and debt service
5 charges, for sinking funds, for capital depreciation reserves,
6 for operating reserves, for capitalized interest and moneys
7 not required for immediate disbursement to acquire all or a
8 portion of any facility, and for any other reserves, funds, or
9 accounts reasonably necessary to carry out the provisions of
10 this act and to invest in authorized investments any moneys
11 held in such funds and accounts, provided such investments
12 will be made on behalf of the Department Division of
13 Facilities Management Services by the State Board of
14 Administration or the Treasurer, as appropriate.
15 (i)(9) Engage the services of consultants for
16 rendering professional and technical assistance and advice and
17 to engage services of professionals in connection with the
18 acquisition or financing of any facility or the operation and
19 activities of the Department Division of Facilities Management
20 Services, including attorneys, auditors, consultants, and
21 accountants.
22 (j)(10) Lease all or any portion of any facility to an
23 agency or to any political subdivision.
24 (k)(11) Promulgate all rules necessary to implement
25 the provisions of this act.
26 (l)(12) Do all other acts reasonably necessary to
27 carry out the provisions of this act.
28 (2) When the Governor, by executive order, declares an
29 emergency, an agency head has the responsibility for the
30 closing of the affected facilities or portions thereof within
31 his or her jurisdiction which are located in the area covered
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 by the executive order. In any other disaster or emergency
2 condition that may necessitate the closing of facilities in an
3 area, an agency head has the authority and responsibility to
4 determine whether the agency offices or facilities or portion
5 thereof under his or her jurisdiction are affected by the
6 emergency and should be closed. The Department of Management
7 Services must approve the closing of any agency facility or
8 portion thereof for more than 2 consecutive work days. In the
9 case of a facility operated by the Department of Management
10 Services, either an agency head or the Secretary of Management
11 Services has the authority and responsibility to determine
12 whether agency offices or facilities or any portion thereof
13 are affected by the emergency and are to be closed.
14 Section 30. Paragraph (a) of subsection (3) of section
15 267.075, Florida Statutes, is amended to read:
16 267.075 The Grove Advisory Council; creation;
17 membership; purposes.--
18 (3)(a) The Grove Advisory Council shall be composed of
19 eight members, as follows:
20 1. Five members shall be private citizens appointed by
21 the Secretary of State.
22 2. One member shall be the Secretary director of the
23 Division of Facilities Management of the Department of
24 Management Services or his or her designee.
25 3. One member shall be the director of the Division of
26 Historical Resources of the Department of State.
27 4. At least one member shall be a direct descendant of
28 Mary Call Darby Collins appointed by the Secretary of State
29 with the advice of the oldest living generation of lineal
30 descendants of Mary Call Darby Collins.
31
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 Of the citizen members, at least one member shall have
2 professional curatorial and museum expertise, one member shall
3 have professional architectural expertise in the preservation
4 of historic buildings, and one member shall have professional
5 landscape expertise. The five citizen members of the council
6 appointed by the Secretary of State and the member of the
7 council who is a direct descendant of Mary Call Darby Collins
8 appointed by the Secretary of State shall be appointed for
9 staggered 4-year terms. The Secretary of State shall fill the
10 remainder of unexpired terms for the five citizen members of
11 the council and the member of the council who is a direct
12 descendant of Mary Call Darby Collins.
13 Section 31. Paragraph (a) of subsection (1) of section
14 272.18, Florida Statutes, is amended to read:
15 272.18 Governor's Mansion Commission.--
16 (1)(a) There is created within the Department of
17 Management Services a Governor's Mansion Commission to be
18 composed of eight members. Five members shall be private
19 citizens appointed by the Governor and subject to confirmation
20 by the Senate; one member shall be the Secretary Director of
21 the Division of Facilities Management of the Department of
22 Management Services or his or her designee; one member shall
23 be the Director of the Division of Recreation and Parks of the
24 Department of Environmental Protection; and one member shall
25 be designated by the Secretary of State and shall be an
26 employee of the Department of State with curatorial and museum
27 expertise. The Governor shall appoint all citizen members for
28 4-year terms. The Governor shall fill vacancies for the
29 remainder of unexpired terms. The spouse of the Governor or
30 the designated representative of the Governor shall be an ex
31 officio member of the commission but shall have no voting
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 rights except in the case of a tie vote.
2 Section 32. Section 272.185, Florida Statutes, is
3 amended to read:
4 272.185 Maintenance of Governor's Mansion by
5 Department Division of Facilities Management Services.--
6 (1) POWERS AND DUTIES OF DIVISION.--
7 (a) The Division of Facilities Management of the
8 Department of Management Services shall maintain all
9 structures, furnishings, equipment, and grounds of the
10 Governor's Mansion, except that the exterior facades; the
11 landscaping of the grounds; the antique furnishings in the
12 private quarters; the interiors of the state rooms; and the
13 articles of furniture, fixtures, and decorative objects used
14 or displayed in the state rooms shall be maintained pursuant
15 to the directives of the Governor's Mansion Commission.
16 (2)(b) The department division shall insure the
17 Governor's Mansion, its contents, and all structures and
18 appurtenances thereto with the State Property Insurance Trust
19 Fund as provided in s. 284.01. The department may division is
20 authorized to purchase any necessary insurance either by a
21 primary insurance contract, excess coverage insurance, or
22 reinsurance to cover the contents of the mansion, whether
23 title of the contents is in the state or in any other person
24 or entity not a resident of the mansion, notwithstanding the
25 provision of s. 287.025.
26 (3)(c) The department division shall have authority to
27 contract and be contracted with for work and materials
28 required.
29 (4)(d) The department division shall keep a continuing
30 and accurate inventory of all equipment and furnishings.
31 (2) FINANCING; BUDGETS.--The division shall submit its
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 budgetary requirements to the Department of Management
2 Services for its approval and inclusion in legislative budget
3 requests.
4 Section 33. Section 273.02, Florida Statutes, is
5 amended to read:
6 273.02 Record and inventory of certain property.--The
7 word "property" as used in this section means equipment,
8 fixtures, and other tangible personal property of a
9 nonconsumable and nonexpendable nature, the value or cost of
10 which is $1,000 $500 or more and the normal expected life of
11 which is 1 year or more, and hardback-covered bound books that
12 are circulated to students or the general public, the value or
13 cost of which is $25 or more, and hardback-covered bound
14 books, the value or cost of which is $250 $100 or more. Each
15 item of property which it is practicable to identify by
16 marking shall be marked in the manner required by the Auditor
17 General. Each custodian shall maintain an adequate record of
18 property in his or her custody, which record shall contain
19 such information as shall be required by the Auditor General.
20 Once each year, on July 1 or as soon thereafter as is
21 practicable, and whenever there is a change of custodian, each
22 custodian shall take an inventory of property in his or her
23 custody. The inventory shall be compared with the property
24 record, and all discrepancies shall be traced and reconciled.
25 All publicly supported libraries shall be exempt from marking
26 hardback-covered bound books, as required by this section.
27 The catalog and inventory control records maintained by each
28 publicly supported library shall constitute the property
29 record of hardback-covered bound books with a value or cost of
30 $25 or more included in each publicly supported library
31 collection and shall serve as a perpetual inventory in lieu of
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 an annual physical inventory. All books identified by these
2 records as missing shall be traced and reconciled, and the
3 library inventory shall be adjusted accordingly.
4 Section 34. Subsection (5) of section 273.055, Florida
5 Statutes, is amended to read:
6 273.055 Disposition of state-owned tangible personal
7 property.--
8 (5) All moneys received by the division from the
9 disposition of state-owned tangible personal property or from
10 any agreement entered into under this chapter must be retained
11 by the custodian and may be disbursed for the acquisition of
12 exchange and surplus property and for all necessary operating
13 expenditures, and are appropriated for those purposes. The
14 custodian shall maintain records of the accounts into which
15 the money is deposited shall be deposited into the General
16 Revenue Fund.
17 Section 35. Section 281.07, Florida Statutes, is
18 amended to read:
19 281.07 Rules; Facilities Program Division of Capitol
20 Police; traffic regulation.--
21 (1) The Department of Management Services shall adopt
22 and promulgate rules to govern the administration, operation,
23 and management of the Facilities Program Division of Capitol
24 Police and to regulate traffic and parking on state-owned or
25 state-leased property, which rules are not in conflict with
26 any state law or county or municipal ordinance, and to carry
27 out the provisions of ss. 281.02-281.09.
28 (2) Political subdivisions and municipalities may
29 enact and enforce ordinances on the violation of traffic and
30 parking rules provided in subsection (1).
31 Section 36. Subsection (5) is added to section
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 282.105, Florida Statutes, to read:
2 282.105 Use of state SUNCOM Network by nonprofit
3 corporations.--
4 (5) Private, nonprofit elementary and secondary
5 schools shall be eligible for rates and services on the same
6 basis as public schools, providing these nonpublic schools do
7 not have an endowment in excess of $50 million.
8 Section 37. Subsection (4) of section 282.111, Florida
9 Statutes, is amended to read:
10 282.111 Statewide system of regional law enforcement
11 communications.--
12 (4) The Secretary of Management Services or his or her
13 designee director of the division is designated as the
14 director of the statewide system of regional law enforcement
15 communications and, for the purpose of carrying out the
16 provisions of this section, is authorized to coordinate the
17 activities of the system with other interested state agencies
18 and local law enforcement agencies.
19 Section 38. Paragraph (b) of subsection (2) and
20 paragraph (b) of subsection (4) of section 287.042, Florida
21 Statutes, are amended to read:
22 287.042 Powers, duties, and functions.--The Department
23 of Management Services division shall have the following
24 powers, duties, and functions:
25 (2)
26 (b) As an alternative to any provision in s.
27 120.57(3)(c), the department division may proceed with the bid
28 solicitation or contract award process of a term contract bid
29 when the secretary of the department or his or her designee
30 director of the division sets forth in writing particular
31 facts and circumstances which demonstrate that the delay
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 incident to staying the bid process or contract award process
2 would be detrimental to the interests of the state. After the
3 award of a contract resulting from a bid in which a timely
4 protest was received and in which the state did not prevail,
5 the contract may be canceled and reawarded to the prevailing
6 party.
7 (4) To establish a system of coordinated, uniform
8 procurement policies, procedures, and practices to be used by
9 agencies in acquiring commodities and contractual services,
10 which shall include, but not be limited to:
11 (b) Development of procedures for the releasing of
12 requests for proposals, and invitations to bid, and other
13 competitive procurements, which procedures shall include, but
14 not be limited to, publication in the Florida Administrative
15 Weekly or on Government Services Direct the Florida
16 Communities Network of notice for requests for proposals at
17 least 28 days before the date set for submittal of proposals
18 and publication of notice for invitations to bid at least 10
19 calendar days before the date set for submission of bids. An
20 agency may waive the requirement for notice in the Florida
21 Administrative Weekly or on Government Services Direct the
22 Florida Communities Network. Notice of the request for
23 proposals shall be mailed to prospective offerors at least 28
24 calendar days prior to the date for submittal of proposals.
25 Notice of the invitation to bid shall be mailed to prospective
26 bidders at least 10 calendar days prior to the date set for
27 submittal of bids. The Minority Business Advocacy and
28 Assistance Office may consult with agencies regarding the
29 development of bid distribution procedures to ensure that
30 maximum distribution is afforded to certified minority
31 business enterprises as defined in s. 288.703.
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 Section 39. Paragraph (d) of subsection (3) of section
2 287.057, Florida Statutes, is amended to read:
3 287.057 Procurement of commodities or contractual
4 services.--
5 (3) When the purchase price of commodities or
6 contractual services exceeds the threshold amount provided in
7 s. 287.017 for CATEGORY TWO, no purchase of commodities or
8 contractual services may be made without receiving competitive
9 sealed bids or competitive sealed proposals unless:
10 (d) When it is in the best interest of the state, the
11 Secretary Department of Management Services or his or her
12 designee may authorize the Support Program director of the
13 division to purchase insurance by negotiation, but such
14 purchase shall be made only under conditions most favorable to
15 the public interest.
16 Section 40. Paragraph (c) of subsection (1) of section
17 287.058, Florida Statutes, is amended to read:
18 287.058 Contract document.--
19 (1) Every procurement of contractual services in
20 excess of the threshold amount provided in s. 287.017 for
21 CATEGORY TWO, except for the providing of health and mental
22 health services or drugs in the examination, diagnosis, or
23 treatment of sick or injured state employees or the providing
24 of other benefits as required by the provisions of chapter
25 440, shall be evidenced by a written agreement embodying all
26 provisions and conditions of the procurement of such services,
27 which provisions and conditions shall, where applicable,
28 include, but shall not be limited to:
29 (c) A provision allowing unilateral cancellation by
30 the agency for refusal by the contractor to allow public
31 access to all documents, papers, letters, or other material
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 subject to the provisions of chapter 119 and made or received
2 by the contractor in conjunction with the contract. Further
3 agreements between the contractor, subcontractors, or other
4 parties performing services and receiving state funds, either
5 directly or indirectly, shall also contain a provision
6 allowing unilateral cancellation by the contractor or by the
7 agency for refusal by the subcontractor or other party to
8 allow public access to all documents, papers, letters, or
9 other such material subject to the provisions of chapter 119
10 and made or received by the subcontractor or other party in
11 conjunction with the contract.
12
13 In lieu of a written agreement, the division may authorize the
14 use of a purchase order for classes of contractual services,
15 provided the provisions of paragraphs (a)-(f) are included in
16 the purchase order, invitation to bid, or request for
17 proposals. The purchase order shall include an adequate
18 description of the services, the contract period, and the
19 method of payment. In lieu of printing the provisions of
20 paragraphs (a)-(f) in the contract document or purchase order,
21 agencies may incorporate the requirements of paragraphs
22 (a)-(f) by reference.
23 Section 41. Section 287.16, Florida Statutes, is
24 amended to read:
25 287.16 Powers and duties of department division.--The
26 Department of Management Services Division of Motor Pool shall
27 have the following powers, duties, and responsibilities:
28 (1) To obtain the most effective and efficient use of
29 motor vehicles, watercraft, and aircraft for state purposes.
30 (2) To establish and operate central facilities for
31 the acquisition, disposal, operation, maintenance, repair,
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 storage, supervision, control, and regulation of all
2 state-owned or state-leased aircraft and motor vehicles and to
3 operate any state facilities for those purposes. Acquisition
4 may be by purchase, lease, loan, or in any other legal manner.
5 (3) In its discretion, to require every state agency
6 to transfer its ownership, custody, and control of every
7 aircraft and motor vehicle, and associated maintenance
8 facilities and equipment, except those used principally for
9 law enforcement or fire control purposes, to the Department of
10 Management Services, including all right, title, interest, and
11 equity therein.
12 (4) Upon requisition and showing of need, to assign
13 suitable aircraft or motor vehicles, on a temporary (for a
14 period up to and including 1 month) or permanent (for a period
15 from 1 month up to and including 1 full year) basis, to any
16 state agency.
17 (5) To allocate and charge fees to the state agencies
18 to which aircraft or motor vehicles are furnished, based upon
19 any reasonable criteria.
20 (6) To adopt and enforce rules and regulations for the
21 efficient and safe use, operation, maintenance, repair, and
22 replacement of all state-owned or state-leased aircraft and
23 motor vehicles and to require the placement of appropriate
24 stickers, decals, or other markings upon the aircraft and
25 motor vehicles of the state. The department division may
26 delegate to the respective heads of the agencies to which
27 aircraft and motor vehicles are assigned the duty of enforcing
28 the rules and regulations adopted by the department division.
29 (7) To contract for specialized maintenance services.
30 (8) To require any state agency to keep records and
31 make reports regarding aircraft and motor vehicles to the
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 department division as may be required. The Department of
2 Highway Safety and Motor Vehicles may use the reporting system
3 in effect on October 1, 1983, until July 1, 1984. Beginning
4 July 1, 1984, the Department of Highway Safety and Motor
5 Vehicles shall use a reporting system approved by the
6 department division. The Support Program division shall assist
7 the Department of Highway Safety and Motor Vehicles in
8 developing or implementing a reporting system prior to July 1,
9 1984, which shall specifically address the needs and
10 requirements of the Support Program division and the
11 Department of Highway Safety and Motor Vehicles.
12 (9) To establish and operate central facilities to
13 determine the mode of transportation to be used by state
14 employees traveling on official state business and to schedule
15 and coordinate use of state-owned or state-leased aircraft and
16 passenger-carrying vehicles to assure maximum utilization of
17 state aircraft, motor vehicles, and employee time by assuring
18 that employees travel by the most practical and economical
19 mode of travel. The department division shall consider the
20 number of employees making the trip to the same location, the
21 most efficient and economical means of travel considering the
22 time of the employee, transportation cost and subsistence
23 required, the urgency of the trip, and the nature and purpose
24 of the trip.
25 (10) To provide the Legislature annual reports at the
26 end of each calendar year concerning the utilization of all
27 aircraft in the executive pool and special purpose aircraft.
28 Section 42. Section 287.18, Florida Statutes, is
29 amended to read:
30 287.18 Repair and service of motor vehicles and
31 aircraft.--The Secretary of Management Services or his or her
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 designee director of the Division of Motor Pool may require a
2 department or any state agency having facilities for the
3 repair of aircraft or motor vehicles and for the storage and
4 distribution of gasoline and other petroleum products to
5 repair aircraft and motor vehicles and to furnish gasoline and
6 other petroleum products to any other department or agency and
7 shall compensate for the cost of such services and products.
8 Section 43. Subsections (5) and (12) of section
9 365.171, Florida Statutes, are amended to read:
10 365.171 Emergency telephone number "911."--
11 (5) SYSTEM DIRECTOR.--The secretary of the department
12 or his or her designee director of the division is designated
13 as the director of the statewide emergency telephone number
14 "911" system and, for the purpose of carrying out the
15 provisions of this section, is authorized to coordinate the
16 activities of the system with state, county, local, and
17 private agencies. The director is authorized to employ not
18 less than five persons, three of whom will be at the
19 professional level, one at the secretarial level, and one to
20 fill a fiscal position, for the purpose of carrying out the
21 provisions of this section. The director in implementing the
22 system shall consult, cooperate, and coordinate with local law
23 enforcement agencies.
24 (12) FEDERAL ASSISTANCE.--The secretary of the
25 department or his or her designee may director of the division
26 is authorized to apply for and accept federal funding
27 assistance in the development and implementation of a
28 statewide emergency telephone number "911" system.
29 Section 44. Section 401.021, Florida Statutes, is
30 amended to read:
31 401.021 System director.--The Secretary of Management
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 Services or his or her designee director of the Division of
2 Communications is designated as the director of the statewide
3 telecommunications system of the regional emergency medical
4 service and, for the purpose of carrying out the provisions of
5 this part, is authorized to coordinate the activities of the
6 telecommunications system with other interested state, county,
7 local, and private agencies.
8 Section 45. Section 401.027, Florida Statutes, is
9 amended to read:
10 401.027 Federal assistance.--The Secretary of
11 Management Services or his or her designee director of the
12 Division of Communications is authorized to apply for and
13 accept federal funding assistance in the development and
14 implementation of a statewide emergency medical
15 telecommunications system.
16 Section 46. Subsection (3) of section 446.045, Florida
17 Statutes, is amended to read:
18 446.045 State Apprenticeship Council.--
19 (3) The State Apprenticeship Council is repealed on
20 October 1, 2008 1998, and shall be reviewed by the Legislature
21 prior to that date pursuant to the Sundown Act.
22 Section 47. Subsection (1) of section 446.604, Florida
23 Statutes, is amended to read:
24 446.604 One-Stop Career Centers.--
25 (1) The Department of Management Services shall
26 coordinate among the agencies a plan for a One-Stop Career
27 Center Electronic Network made up of One-Stop Career Centers
28 that are operated by the Department of Labor and Employment
29 Security, the Department of Health and Rehabilitative
30 Services, the Department of Education, and other authorized
31 public or private for-profit or not-for-profit agents. The
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 plan shall identify resources within existing revenues to
2 establish and support such electronic network for service
3 delivery that includes Government Services Direct the Florida
4 Communities Network.
5 Section 48. Paragraph (e) of subsection (3) of section
6 447.208, Florida Statutes, is amended to read:
7 447.208 Procedure with respect to certain appeals
8 under s. 447.207.--
9 (3) With respect to hearings relating to demotions,
10 suspensions, or dismissals pursuant to the provisions of this
11 section:
12 (e) Any order of the commission issued pursuant to
13 this subsection may include back pay, if applicable, and an
14 amount, to be determined by the commission and paid by the
15 agency, for reasonable attorney's fees, witness fees, and
16 other out-of-pocket expenses incurred during the prosecution
17 of an appeal against an agency in which the commission
18 sustains the employee. In determining the amount of an
19 attorney's fee, the commission shall consider only the number
20 of hours reasonably spent on the appeal, comparing the number
21 of hours spent on similar Career Service System appeals and
22 the reasonable hourly rate charged in the geographic area for
23 similar appeals, but not including litigation over the amount
24 of the attorney's fee. This paragraph applies to future and
25 pending cases.
26 Section 49. Sections 110.407 and 110.607, Florida
27 Statutes, are repealed.
28 Section 50. This act shall take effect upon becoming a
29 law.
30
31
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
4
5 and insert:
6 A bill to be entitled
7 An act relating to the Department of Management
8 Services; amending s. 20.22, F.S.; revising the
9 organizational structure of the department
10 relating to labor organizations; clarifying
11 provisions relating to operation of the
12 Division of State Group Insurance; modifying
13 the role of the director of the Division of
14 State Group Insurance and staff thereof with
15 respect to the Florida State Group Insurance
16 Council; amending ss. 110.109 and 110.112,
17 F.S.; revising reporting requirements; amending
18 s. 110.1099, F.S.; providing conditions for the
19 reimbursement of training expenses by an
20 employee; amending s. 110.1165, F.S.; providing
21 a statute of limitations on filing certain
22 actions; amending s. 110.123, F.S., relating to
23 the state group insurance program; revising and
24 adding definitions; providing for Career
25 Service exemptions in the Division of State
26 Group Insurance; clarifying and correcting
27 references; updating provisions relating to
28 agency payment of premiums for certain
29 employees injured or killed in the line of
30 duty, to conform to existing law; amending s.
31 110.12315, F.S., relating to the state
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 employees' prescription drug program, to
2 revise, clarify, and reorganize such
3 provisions; amending s. 110.1232, F.S.,
4 relating to health insurance coverage for
5 certain state retirees, to correct a reference;
6 amending s. 110.1234, F.S., relating to
7 Medicare supplement coverage for state
8 retirees, to correct a reference; amending s.
9 110.1238, F.S., relating to refunds with
10 respect to provider overcharges; modifying the
11 refund cap; amending s. 110.1245, F.S.;
12 revising reporting requirements; increasing the
13 cap on meritorious service awards; amending s.
14 110.161, F.S., relating to the State Employees
15 Pretax Benefits Program Act, to correct
16 references and update language; amending s.
17 110.181, F.S.; providing that the fiscal agent
18 for the Florida State Employees' Charitable
19 Campaign need not reimburse costs under
20 specified conditions; amending s. 110.201,
21 F.S.; providing for a workforce report;
22 amending s. 110.205, F.S.; conforming
23 provisions to changes made by the act;
24 providing for the designation of Senior
25 Management Service positions; amending s.
26 110.235, F.S.; deleting a requirement for a
27 report; amending s. 110.503, F.S.; allowing
28 agencies to incur expenses to recognize the
29 service of volunteers; amending s. 110.504,
30 F.S.; providing a limitation on volunteer
31 awards; amending s. 112.061, F.S.; authorizing
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 the designee of an agency head to approve
2 specified expenses for employees; amending s.
3 121.025, F.S.; providing for Career Service
4 exemptions in the Division of Retirement;
5 amending s. 215.196, F.S.; revising the
6 organizational structure of the department
7 relating to the Architects Incidental Trust
8 Fund; amending s. 215.422, F.S.; deleting a
9 vendor's right to the name of an ombudsman;
10 amending s. 215.94, F.S.; conforming a
11 reference to changes made by the act; amending
12 s. 216.011, F.S.; redefining the term
13 "operating capital outlay"; amending s. 255.25,
14 F.S.; exempting certain leases from the
15 competitive bidding process; providing for a
16 pilot project under the Department of
17 Management Services for contracted tenant
18 brokers to assist state agencies in locating
19 suitable private sector leases; providing
20 requirements of the program; providing for a
21 report; providing for future repeal; amending
22 ss. 255.249 and 255.257, F.S.; revising the
23 threshold for leased space facility
24 requirements; amending s. 255.503, F.S.;
25 providing for the closing of facilities in
26 emergency situations; amending s. 267.075,
27 F.S.; revising the membership of The Grove
28 Advisory Council; amending s. 272.18, F.S.;
29 revising the membership of the Governor's
30 Mansion Commission; amending s. 272.185, F.S.;
31 revising the organizational structure of the
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 department relating to maintenance of the
2 Governor's Mansion; amending s. 273.02, F.S.;
3 increasing the value of property required to be
4 inventoried by custodians; amending s. 273.055,
5 F.S.; providing for the disbursement of moneys
6 received from disposition of state-owned
7 tangible personal property; amending s. 281.07,
8 F.S.; revising the organizational structure of
9 the department relating to the capitol police;
10 amending s. 282.105, F.S., relating to use of
11 State Suncom Network by nonprofit schools;
12 amending s. 282.111, F.S.; revising the
13 organizational structure of the department
14 relating to the statewide system of regional
15 law enforcement communications; amending s.
16 287.042, F.S.; revising the organizational
17 structure of the department relating to the
18 purchasing of goods and services; amending s.
19 287.057, F.S.; revising the organizational
20 structure of the department relating to the
21 procurement of insurance; amending s. 287.058,
22 F.S.; providing cancellation and public access
23 provisions; amending ss. 287.16 and 287.18,
24 F.S.; revising the organizational structure of
25 the department relating to motor vehicles,
26 watercraft, and aircraft; amending s. 365.171,
27 F.S.; designating the director of the statewide
28 emergency telephone number "911"; amending ss.
29 401.021 and 401.027, F.S.; designating the
30 director of the statewide telecommunications
31 system of the regional emergency medical
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 service; amending s. 446.045, F.S., relating to
2 the State Apprenticeship Council; revising the
3 repeal date; amending s. 446.604, F.S.;
4 providing for Government Services Direct to be
5 included in the plan for One-Stop Career
6 Centers; amending s. 447.208, F.S.; providing
7 for the determination of attorney's fees in
8 certain cases; repealing ss. 110.407 and
9 110.607, F.S., which provide for performance
10 audits; providing an effective date.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
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