House Bill 4149c1

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 1998             CS/HB 4149

        By the Committee on Governmental Operations and
    Representatives Reddick and K. Pruitt





  1                      A bill to be entitled

  2         An act relating to the Department of Management

  3         Services; amending s. 20.22, F.S.; revising the

  4         organizational structure of the department

  5         relating to labor organizations; clarifying

  6         provisions relating to operation of the

  7         Division of State Group Insurance; modifying

  8         the role of the director of the Division of

  9         State Group Insurance and staff thereof with

10         respect to the Florida State Group Insurance

11         Council; amending ss. 110.109 and 110.112,

12         F.S.; revising reporting requirements; amending

13         s. 110.1099, F.S.; providing conditions for the

14         reimbursement of training expenses by an

15         employee; amending s. 110.1165, F.S.; providing

16         a statute of limitations on filing certain

17         actions; amending s. 110.123, F.S., relating to

18         the state group insurance program; revising and

19         adding definitions; providing for Career

20         Service exemptions in the Division of State

21         Group Insurance; clarifying and correcting

22         references; updating provisions relating to

23         agency payment of premiums for certain

24         employees injured or killed in the line of

25         duty, to conform to existing law; amending s.

26         110.12315, F.S., relating to the state

27         employees' prescription drug program, to

28         revise, clarify, and reorganize such

29         provisions; amending s. 110.1232, F.S.,

30         relating to health insurance coverage for

31         certain state retirees, to correct a reference;

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         amending s. 110.1234, F.S., relating to

  2         Medicare supplement coverage for state

  3         retirees, to correct a reference; amending s.

  4         110.1238, F.S., relating to refunds with

  5         respect to provider overcharges; modifying the

  6         refund cap; amending s. 110.1245, F.S.;

  7         revising reporting requirements; increasing the

  8         cap on meritorious service awards; amending s.

  9         110.161, F.S., relating to the State Employees

10         Pretax Benefits Program Act, to correct

11         references and update language; amending s.

12         110.181, F.S.; providing that the fiscal agent

13         for the Florida State Employees' Charitable

14         Campaign need not reimburse costs under

15         specified conditions; amending s. 110.201,

16         F.S.; providing for a workforce report;

17         amending s. 110.205, F.S.; conforming

18         provisions to changes made by the act;

19         providing for the designation of Senior

20         Management Service positions; amending s.

21         110.235, F.S.; deleting a requirement for a

22         report; amending s. 110.503, F.S.; allowing

23         agencies to incur expenses to recognize the

24         service of volunteers; amending s. 110.504,

25         F.S.; providing a limitation on volunteer

26         awards; amending s. 112.061, F.S.; authorizing

27         the designee of an agency head to approve

28         specified expenses for employees; amending s.

29         121.025, F.S.; providing for Career Service

30         exemptions in the Division of Retirement;

31         amending s. 215.196, F.S.; revising the

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         organizational structure of the department

  2         relating to the Architects Incidental Trust

  3         Fund; amending s. 215.422, F.S.; deleting a

  4         vendor's right to the name of an ombudsman;

  5         amending s. 215.94, F.S.; conforming a

  6         reference to changes made by the act; amending

  7         s. 216.011, F.S.; redefining the term

  8         "operating capital outlay"; amending s. 255.25,

  9         F.S.; exempting certain leases from the

10         competitive bidding process; providing for a

11         pilot project under the Department of

12         Management Services for contracted tenant

13         brokers to assist state agencies in locating

14         suitable private sector leases; providing

15         requirements of the program; providing for a

16         report; providing for future repeal; amending

17         ss. 255.249 and 255.257, F.S.; revising the

18         threshold for leased space facility

19         requirements; amending s. 255.503, F.S.;

20         providing for the closing of facilities in

21         emergency situations; amending s. 267.075,

22         F.S.; revising the membership of The Grove

23         Advisory Council; amending s. 272.18, F.S.;

24         revising the membership of the Governor's

25         Mansion Commission; amending s. 272.185, F.S.;

26         revising the organizational structure of the

27         department relating to maintenance of the

28         Governor's Mansion; amending s. 273.02, F.S.;

29         increasing the value of property required to be

30         inventoried by custodians; amending s. 273.055,

31         F.S.; providing for the disbursement of moneys

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         received from disposition of state-owned

  2         tangible personal property; amending s. 281.07,

  3         F.S.; revising the organizational structure of

  4         the department relating to the capitol police;

  5         amending s. 282.105, F.S., relating to use of

  6         State Suncom Network by nonprofit schools;

  7         amending s. 282.111, F.S.; revising the

  8         organizational structure of the department

  9         relating to the statewide system of regional

10         law enforcement communications; amending s.

11         287.042, F.S.; revising the organizational

12         structure of the department relating to the

13         purchasing of goods and services; amending s.

14         287.057, F.S.; revising the organizational

15         structure of the department relating to the

16         procurement of insurance; amending s. 287.058,

17         F.S.; providing cancellation and public access

18         provisions; amending ss. 287.16 and 287.18,

19         F.S.; revising the organizational structure of

20         the department relating to motor vehicles,

21         watercraft, and aircraft; amending s. 365.171,

22         F.S.; designating the director of the statewide

23         emergency telephone number "911"; amending ss.

24         401.021 and 401.027, F.S.; designating the

25         director of the statewide telecommunications

26         system of the regional emergency medical

27         service; amending s. 446.045, F.S., relating to

28         the State Apprenticeship Council; revising the

29         repeal date; amending s. 446.604, F.S.;

30         providing for Government Services Direct to be

31         included in the plan for One-Stop Career

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         Centers; amending s. 447.208, F.S.; providing

  2         for the determination of attorney's fees in

  3         certain cases; repealing ss. 110.407 and

  4         110.607, F.S., which provide for performance

  5         audits; providing an effective date.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Subsection (4) and paragraphs (a), (c), and

10  (e) of subsection (5) of section 20.22, Florida Statutes, are

11  amended to read:

12         20.22  Department of Management Services.--There is

13  created a Department of Management Services.

14         (4)  The duties of the Chief Labor Negotiator Office of

15  Labor Relations shall be determined by the Secretary of

16  Management Services, and must include, but need not be limited

17  to, the representation of the Governor as the public employer

18  in collective bargaining negotiations pursuant to the

19  provisions of chapter 447.

20         (5)(a)  The Florida State Group Insurance Council is

21  created within the Division of State Group Insurance for the

22  purpose of providing joint and coordinated oversight of the

23  operation and administration of the state group insurance

24  program.  The council shall consist of the state budget

25  director; an individual from the private sector with an

26  extensive health administration background, appointed by the

27  Governor; a member of the Florida Senate, appointed by the

28  President of the Senate; a member of the Florida House of

29  Representatives, appointed by the Speaker of the House of

30  Representatives; a representative of the State University

31  System, appointed by the Board of Regents; the State Insurance

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  Commissioner or his designee; the director of the Division of

  2  Retirement; and two representatives of employees and retirees,

  3  appointed by the Governor. Members of the council appointed by

  4  the Governor shall be appointed to serve terms of 4 years

  5  each.  Each member of the council shall serve until a

  6  successor is appointed. Additionally, The director of the

  7  Division of State Group Employee Insurance shall not be a

  8  nonvoting member of the council, but shall assume

  9  responsibility for ensuring provision of administrative,

10  analytical, and technical support to the council.

11         (c)  The council is assigned to the Division of State

12  Group Insurance for administrative and fiscal accountability

13  purposes, but the council and its staff shall otherwise

14  function independently of the control and direction of the

15  division. The division of State Group Insurance shall furnish

16  dedicated administrative and secretarial assistance to the

17  council, and other assistance to the council as requested.

18         (e)  The council or a member thereof may not enter into

19  the day-to-day operation of the Division of State Group

20  Insurance and is specifically prohibited from taking part in:

21         1.  The awarding or termination of contracts.

22         2.  The selection of a consultant or contractor or the

23  prequalification of any individual consultant or contractor.

24  However, the council may recommend to the director standards

25  and policies governing the procedure for selection and

26  prequalification of consultants and contractors.

27         3.  The employment, promotion, demotion, suspension,

28  transfer, or discharge of any division personnel.

29         4.  The granting, denial, suspension, or revocation of

30  any license or permit issued by the division.

31

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         Section 2.  Subsection (2) of section 110.109, Florida

  2  Statutes, is amended to read:

  3         110.109  Productivity improvement and personnel audits

  4  of executive branch agencies.--The department shall be

  5  responsible for conducting personnel audits of all executive

  6  branch agencies, except the State University System, to

  7  provide as follows:

  8         (2)  It shall be the duty of the department to audit

  9  the personnel programs of the state agencies on a continuing

10  and regular basis to ensure the agencies' compliance with

11  state laws and regulations. A copy of such study made by the

12  department shall be submitted to the Governor, the President

13  of the Senate, the Speaker of the House of Representatives,

14  and the Auditor General.

15         Section 3.  Subsection (5) of section 110.1099, Florida

16  Statutes, is amended, and subsection (6) is added to said

17  section, to read:

18         110.1099  Education and training opportunities for

19  state employees.--

20         (5)  The Department of Management Services, in

21  consultation with the agencies and, to the extent applicable,

22  Florida's public postsecondary educational institutions, shall

23  adopt rules to implement and administer this section.

24         (6)  As a precondition to approving an employee's

25  training request, an agency or the judicial branch may require

26  an employee to enter into an agreement that requires the

27  employee to reimburse the agency or judicial branch the

28  registration fee or similar expense for any training or

29  training series when the cost of the fee or similar expense

30  exceeds $1,000 if the employee voluntarily terminates

31  employment or is discharged for cause from the agency or

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  judicial branch within a specified period of time not

  2  exceeding 4 years after the conclusion of the training. This

  3  subsection does not apply to any training program that an

  4  agency or the judicial branch requires the employee to attend.

  5  An agency or the judicial branch may pay the outstanding

  6  balance then due and owing on behalf of a state employee under

  7  this subsection in connection with recruitment and hiring of

  8  such state employee.

  9         Section 4.  Paragraph (d) of subsection (2) and

10  subsection (6) of section 110.112, Florida Statutes, is

11  amended to read:

12         110.112  Affirmative action; equal employment

13  opportunity.--

14         (2)

15         (d)  The department shall report information in its

16  annual workforce report relating to annually to the Governor

17  on the implementation, continuance, updating, and results of

18  each executive agency's affirmative action plan for the

19  previous fiscal year.

20         (6)  The department shall review and audit executive

21  agency actions in carrying out the rules adopted by the

22  department pursuant to this section and shall submit postaudit

23  reports to the Governor, the President of the Senate, the

24  Speaker of the House of Representatives, and the Auditor

25  General.

26         Section 5.  Section 110.1165, Florida Statutes, is

27  amended to read:

28         110.1165  Executive branch personnel errors.--

29         (1)  An agency of the executive branch, including the

30  State University System, shall establish procedures for the

31  receipt, consideration, and disposition of a claim regarding

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  pay or benefits brought by an employee when that employee is

  2  damaged as a result of being provided with erroneous written

  3  information by the employing agency regarding his or her pay

  4  or benefits, and the employee detrimentally relies upon such

  5  written information. In order to qualify for the relief

  6  provided by this section, the employee's reliance on the

  7  representation must have been reasonable and based only upon

  8  the written representations made by those persons authorized

  9  by the agency head to make such representations. Furthermore,

10  the erroneous calculation and payment of an employee's salary,

11  wages, or benefits is not among the written representations

12  which will trigger relief under this section. Section 95.11(4)

13  is the statute of limitations for filing any action to recover

14  salary, wages, overtime, benefits, or related damages by or on

15  behalf of a state employee, or any action under this section.

16  No distinctions between the terms "salary" and "wages" in

17  construing the provisions of s. 95.11(4) apply to this section

18  or the statute of limitations for filing any action under this

19  section.

20         (2)  An agency of the executive branch, including the

21  State University System, is authorized to take such action as

22  may be appropriate to provide a remedy for an employee

23  concerning his or her claim regarding detrimental reliance on

24  erroneous written information provided by the employing agency

25  relating to pay and benefits, provided such remedy is within

26  the purview of the agency's authority.  The agency has no

27  authority whatsoever to modify the state retirement system or

28  the state insurance program.  Any monetary remedy afforded by

29  the agency must fall within the agency's budgetary authority.

30  Any person dissatisfied with the outcome of this process may

31  file either a grievance pursuant to the agency's internal

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  grievance process or an appeal to the Division of

  2  Administrative Hearings pursuant to chapter 120, but not both.

  3         (3)  The time limit to file any action to recover

  4  compensation, including, but not limited to, salaries, wages,

  5  overtime pay, fringe benefits, or damages or penalties

  6  relating thereto from, by, or on behalf of a state officer or

  7  employee is 2 years from the date of the alleged error. This

  8  time limit applies in all disputes over compensation for work

  9  performed by state officers or employees, and is not confined

10  to cases arising under subsections (1) and (2).

11         Section 6.  Subsection (2), paragraphs (a), (e), and

12  (h) of subsection (3), paragraphs (a) and (e) of subsection

13  (4), and subsections (5) and (9) of section 110.123, Florida

14  Statutes, are amended, and subsections (12) and (13) are added

15  to that section, to read:

16         110.123  State group insurance program.--

17         (2)  DEFINITIONS.--As used in this section, the term:

18         (a)  "Department" means the Department of Management

19  Services.

20         (b)  "Division" means the Division of State Group

21  Insurance in the department.

22         (c)  "Enrollee" means all state officers and employees,

23  retired state officers and employees, and surviving spouses of

24  deceased state officers and employees, and terminated

25  employees or individuals with continuation coverage who are

26  enrolled in an insurance plan offered by the state group

27  insurance program.

28         (d)  "Full-time state employees" includes all full-time

29  employees of all branches or agencies of state government

30  holding salaried positions and paid by state warrant or from

31  agency funds, and employees paid from regular salary

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  appropriations for 8 months' employment, including university

  2  personnel on academic contracts, but in no case shall "state

  3  employee" or "salaried position" include persons paid from

  4  other-personal-services (OPS) funds.

  5         (e)  "Health maintenance organization" or "HMO" means

  6  an entity certified under part I of chapter 641.

  7         (f)  "Health plan member" means any person

  8  participating in the state group health insurance plan or in a

  9  health maintenance organization plan under the state group

10  insurance program, including enrollees and covered dependents

11  thereof.

12         (g)(f)  "Part-time state employee" means any employee

13  of any branch or agency of state government paid by state

14  warrant from salary appropriations or from agency funds, and

15  who is employed for less than the normal full-time workweek

16  established by the department or, if on academic contract or

17  seasonal or other type of employment which is less than

18  year-round, is employed for less than 8 months during any

19  12-month period, but in no case shall "part-time" employee

20  include a person paid from other-personal-services (OPS)

21  funds.

22         (h)(g)  "Retired state officer or employee" or

23  "retiree" means any state officer or state employee who

24  retires under a state retirement system or a state optional

25  annuity or retirement program or is placed on disability

26  retirement, and who was insured under the state group

27  insurance program at the time of retirement, and who begins

28  receiving retirement benefits immediately after retirement

29  from state office or employment.

30         (i)(h)  "State agency" or "agency" means any branch,

31  department, or agency of state government.

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         (j)  "State-contracted HMO" means any health

  2  maintenance organization under contract with the division to

  3  participate in the state group insurance program.

  4         (k)(i)  "State group health insurance plan" or "state

  5  plan" means the state self-insured health insurance plan

  6  offered to state officers and employees, retired state

  7  officers and employees, and surviving spouses of deceased

  8  state officers and employees pursuant to this section.

  9         (l)(j)  "State group insurance program" or "programs"

10  means the package of insurance plans offered to state officers

11  and employees, retired state officers and employees, and

12  surviving spouses of deceased state officers and employees

13  pursuant to this section, including the state group health

14  insurance plan, health maintenance organization plans, and

15  other plans required or authorized by this section.

16         (m)(k)  "State officer" means any constitutional state

17  officer, any elected state officer paid by state warrant, or

18  any appointed state officer who is commissioned by the

19  Governor and who is paid by state warrant.

20         (n)(l)  "Surviving spouse" means the widow or widower

21  of a deceased state officer, full-time state employee,

22  part-time state employee, or retiree if such widow or widower

23  was covered as a dependent under the state group health

24  insurance plan or a health maintenance organization plan

25  established pursuant to this section at the time of the death

26  of the deceased officer, employee, or retiree.  "Surviving

27  spouse" also means any widow or widower who is receiving or

28  eligible to receive a monthly state warrant from a state

29  retirement system as the beneficiary of a state officer,

30  full-time state employee, or retiree who died prior to July 1,

31  1979.  For the purposes of this section, any such widow or

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  widower shall cease to be a surviving spouse upon his or her

  2  remarriage.

  3         (3)  STATE GROUP INSURANCE PROGRAM.--

  4         (a)  The Division of State Group Insurance is created

  5  within the Department of Management Services, to be headed by

  6  a director who shall be appointed by the Governor and

  7  confirmed by the Senate.  The division shall be a separate

  8  budget entity, and the director shall be its agency head for

  9  all purposes.

10         1.  The director and assistant director shall be exempt

11  from the Career Service System as provided under s.

12  110.205(2)(i) of the state personnel law. In addition to the

13  20 policymaking positions allocated to the Department of

14  Management Services, under s. 110.205(2)(m), the director, as

15  agency head, may designate as being exempt from the Career

16  Service System a maximum of 10 positions determined by the

17  director to have policymaking or managerial responsibilities

18  comparable to such positions.

19         2.  The Department of Management Services shall provide

20  administrative support and service to the division to the

21  extent requested by the director. The division shall not be

22  subject to control, supervision, or direction by the

23  Department of Management Services in any manner, including,

24  but not limited to, personnel, purchasing, transactions

25  involving real or personal property, and budgetary matters,

26  except to the extent as provided in this chapter and chapters

27  216, 255, 282, and 287 for agencies of the executive branch.

28         (e)1.  Notwithstanding the provisions of chapter 287

29  and the authority of the Division of Purchasing, for the

30  purpose of protecting the health of, and providing medical

31  services to, state employees participating in the state group

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  insurance program Employees' Health Self-Insurance Plan, the

  2  Division of State Group Insurance may contract to retain the

  3  services of professional administrators for the state group

  4  insurance program Employees' Health Self-Insurance Plan. The

  5  division agency shall follow good purchasing practices of

  6  state procurement to the extent practicable under the

  7  circumstances.

  8         2.  Each vendor in a major procurement, and any other

  9  vendor if the division deems it necessary to protect the

10  state's financial interests, shall, at the time of executing

11  any contract with the division, post an appropriate bond with

12  the division in an amount determined by the division to be

13  adequate to protect the state's interests but not higher than

14  the full amount estimated to be paid annually to the vendor

15  under the contract.

16         3.  Each major contract entered into by the division

17  pursuant to this section shall contain a provision for payment

18  of liquidated damages to the division for material

19  noncompliance by a vendor with a contract provision. The

20  division may require a liquidated damages provision in any

21  contract if the division deems it necessary to protect the

22  state's financial interests.

23         4.  The provisions of s. 120.57(3) apply to the

24  division's contracting process, except:

25         a.  A formal written protest of any decision, intended

26  decision, or other action subject to protest shall be filed

27  within 72 hours after receipt of notice of the decision,

28  intended decision, or other action.

29         b.  As an alternative to any provision of s. 120.57(3),

30  the division may proceed with the bid selection or contract

31  award process if the director of the division department sets

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  forth, in writing, particular facts and circumstances which

  2  demonstrate the necessity of continuing the procurement

  3  process or the contract award process in order to avoid a

  4  substantial disruption to the provision of any scheduled

  5  insurance services.

  6         (h)1.  A person eligible to participate in the state

  7  group health insurance program plan may be authorized by rules

  8  adopted by the division, in lieu of participating in the state

  9  group health insurance plan, to exercise an option to elect

10  membership in a health maintenance organization plan which is

11  under contract with the state in accordance with criteria

12  established by this section and by said rules.  The offer of

13  optional membership in a health maintenance organization plan

14  permitted by this paragraph may be limited or conditioned by

15  rule as may be necessary to meet the requirements of state and

16  federal laws.

17         2.  The division shall contract with health maintenance

18  organizations to participate in the state group insurance

19  program through a request for proposal based upon a premium

20  and a minimum benefit package as follows:

21         a.  A minimum benefit package to be provided by a

22  participating HMO shall include: physician services; inpatient

23  and outpatient hospital services; emergency medical services,

24  including out-of-area emergency coverage; diagnostic

25  laboratory and diagnostic and therapeutic radiologic services;

26  mental health, alcohol, and chemical dependency treatment

27  services meeting the minimum requirements of state and federal

28  law; skilled nursing facilities and services; prescription

29  drugs; and other benefits as may be required by the division.

30  Additional services may be provided subject to the contract

31  between the division and the HMO.

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         b.  A uniform schedule for deductibles and copayments

  2  may be established for all participating HMOs.

  3         c.  Based upon the minimum benefit package and

  4  copayments and deductibles contained in sub-subparagraphs a.

  5  and b., the division shall issue a request for proposal for

  6  all HMOs which are interested in participating in the state

  7  group insurance program.  Upon receipt of all proposals, the

  8  division may, as it deems appropriate, enter into contract

  9  negotiations with HMOs submitting bids. As part of the request

10  for proposal process, the division may require detailed

11  financial data from each HMO which participates in the bidding

12  process for the purpose of determining the financial stability

13  of the HMO.

14         d.  In determining which HMOs to contract with, the

15  division shall, at a minimum, consider:  each proposed

16  contractor's previous experience and expertise in providing

17  prepaid health benefits; each proposed contractor's historical

18  experience in enrolling and providing health care services to

19  participants in the state group insurance program; the cost of

20  the premiums; the plan's ability to adequately provide service

21  coverage and administrative support services as determined by

22  the division; plan benefits in addition to the minimum benefit

23  package; accessibility to providers; and the financial

24  solvency of the plan. Nothing shall preclude the division from

25  negotiating regional or statewide contracts with health

26  maintenance organization plans when this is cost-effective and

27  when the division determines the plan has the best overall

28  benefit package for the service areas involved.  However, no

29  HMO shall be eligible for a contract if the HMO's retiree

30  Medicare premium exceeds the retiree rate as set by the

31  division for the state group health insurance plan.

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         e.  The division may limit the number of HMOs that it

  2  contracts with in each service area based on the nature of the

  3  bids the division receives, the number of state employees in

  4  the service area, or and any unique geographical

  5  characteristics of the service area. The division shall

  6  establish by rule service areas throughout the state.

  7         f.  All persons participating in the state group

  8  insurance program who are required to contribute towards a

  9  total state group health premium shall be subject to the same

10  dollar contribution regardless of whether the enrollee enrolls

11  in the state group health insurance plan or in an HMO plan.

12         3.  The division is authorized to negotiate and to

13  contract with specialty psychiatric hospitals for mental

14  health benefits, on a regional basis, for alcohol, drug abuse,

15  and mental and nervous disorders. The division may establish,

16  subject to the approval of the Legislature pursuant to

17  subsection (5), any such regional plan upon completion of an

18  actuarial study to determine any impact on plan benefits and

19  premiums.

20         4.  In addition to contracting pursuant to subparagraph

21  2., the division shall enter into contract with any HMO to

22  participate in the state group insurance program which:

23         a.  Serves greater than 5,000 recipients on a prepaid

24  basis under the Medicaid program;

25         b.  Does not currently meet the 25 percent

26  non-Medicare/non-Medicaid enrollment composition requirement

27  established by the Department of Health and Human Services

28  excluding participants enrolled in the state group insurance

29  program;

30         c.  Meets the minimum benefit package and copayments

31  and deductibles contained in sub-subparagraphs 2.a. and b.;

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         d.  Is willing to participate in the state group

  2  insurance program at a cost of premiums that is not greater

  3  than 95 percent of the cost of HMO premiums accepted by the

  4  division in each service area; and

  5         e.  Meets the minimum surplus requirements of s.

  6  641.225.

  7

  8  The division is authorized to contract with HMOs that meet the

  9  requirements of sub-subparagraphs a. through d. prior to the

10  open enrollment period for state employees.  The division is

11  not required to renew the contract with the HMOs as set forth

12  in this paragraph more than twice. Thereafter, the HMOs shall

13  be eligible to participate in the state group insurance

14  program only through the request for proposal process

15  described in subparagraph 2.

16         5.  All enrollees in the state group health insurance

17  plan or any health maintenance organization plan shall have

18  the option of changing to any other health plan which is

19  offered by the state within any open enrollment period

20  designated by the division. Open enrollment shall be held at

21  least once each calendar year.

22         6.  Any HMO participating in the state group insurance

23  program shall, upon the request of the division, submit to the

24  division standardized data for the purpose of comparison of

25  the appropriateness, quality, and efficiency of care provided

26  by the HMO. Such standardized data shall include:  membership

27  profiles; inpatient and outpatient utilization by age and sex,

28  type of service, provider type, and facility; and emergency

29  care experience. Requirements and timetables for submission of

30  such standardized data and such other data as the division

31

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  deems necessary to evaluate the performance of participating

  2  HMOs shall be adopted by rule.

  3         7.  The division shall, after consultation with

  4  representatives from each of the unions representing state and

  5  university employees, establish a comprehensive package of

  6  insurance benefits including, but not limited to, supplemental

  7  health and life coverage, dental care, long-term care, and

  8  vision care to allow state employees the option to choose the

  9  benefit plans which best suit their individual needs.

10         a.  Based upon a desired benefit package, the division

11  shall issue a request for proposal for health insurance

12  providers interested in participating in the state group

13  insurance program, and the division shall issue a request for

14  proposal for insurance providers interested in participating

15  in the non-health-related components of the state group

16  insurance program.  Upon receipt of all proposals, the

17  division may enter into contract negotiations with insurance

18  providers submitting bids or negotiate a specially designed

19  benefit package. Insurance providers offering or providing

20  supplemental coverage as of May 30, 1991, which qualify for

21  pretax benefit treatment pursuant to s. 125 of the Internal

22  Revenue Code of 1986, with 5,500 or more state employees

23  currently enrolled may be included by the division in the

24  supplemental insurance benefit plan established by the

25  division without participating in a request for proposal,

26  submitting bids, negotiating contracts, or negotiating a

27  specially designed benefit package.  These contracts shall

28  provide state employees with the most cost-effective and

29  comprehensive coverage available; however, no state or agency

30  funds shall be contributed toward the cost of any part of the

31  premium of such supplemental benefit plans.

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         b.  Pursuant to the applicable provisions of s.

  2  110.161, and s. 125 of the Internal Revenue Code of 1986, the

  3  division shall enroll in the pretax benefit program those

  4  state employees who voluntarily elect coverage in any of the

  5  supplemental insurance benefit plans as provided by

  6  sub-subparagraph a.

  7         c.  Nothing herein contained shall be construed to

  8  prohibit insurance providers from continuing to provide or

  9  offer supplemental benefit coverage to state employees as

10  provided under existing agency plans.

11         (4)  PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE;

12  LIMITATION ON ACTIONS TO PAY AND COLLECT PREMIUMS.--

13         (a)  Except as provided in paragraph (e) with respect

14  to law enforcement officers, correctional, and correctional

15  probation officers, and firefighters, legislative

16  authorization through the appropriations act is required for

17  payment by a state agency of any part of the premium cost of

18  participation in any group insurance plan.  However, the state

19  contribution for full-time employees or part-time permanent

20  employees shall continue in the respective proportions for up

21  to 6 months for any such officer or employee who has been

22  granted an approved parental or medical leave of absence

23  without pay.

24         (e)  No state contribution for the cost of any part of

25  the premium shall be made for retirees or surviving spouses

26  for any type of coverage under the state group insurance

27  program. However, any state agency that employs a full-time

28  law enforcement officer, correctional officer, or correctional

29  probation officer who is killed or suffers catastrophic injury

30  in the line of duty as provided in s. 112.19, or a full-time

31  firefighter who is killed or suffers catastrophic injury in

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  the line of duty as provided in s. 112.191, on or after July

  2  1, 1980, as a result of an act of violence inflicted by

  3  another person while the officer is engaged in the performance

  4  of law enforcement duties or as a result of an assault against

  5  the officer under riot conditions shall pay the entire premium

  6  of the state group health insurance plan for the employee's

  7  surviving spouse until remarried, and for each dependent child

  8  of the employee subject to the conditions and limitations set

  9  forth in s. 112.19 or s. 112.191, as applicable until the

10  child reaches the age of majority or until the end of the

11  calendar year in which the child reaches the age of 25 if:

12         1.  At the time of the employee's death, the child is

13  dependent upon the employee for support; and

14         2.  The surviving child continues to be a dependent for

15  support, or the surviving child is a full-time or part-time

16  student and is dependent for support.

17         (5)  DIVISION OF STATE GROUP INSURANCE; POWERS AND

18  DUTIES.--The division is responsible for the administration of

19  the state group insurance program.  The division shall

20  initiate and supervise the program as established by this

21  section and shall adopt such rules as are necessary to perform

22  its responsibilities.  To implement this program, the division

23  shall, with prior approval by the Legislature:

24         (a)  Determine the benefits to be provided and the

25  contributions to be required for the state group insurance

26  program. Such determinations, whether for a contracted plan or

27  a self-insurance plan pursuant to paragraph (c), do not

28  constitute rules within the meaning of s. 120.52 or final

29  orders within the meaning of s. 120.52. Any physician's fee

30  schedule used in the health and accident plan shall not be

31  available for inspection or copying by medical providers or

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  other persons not involved in the administration of the

  2  program. However, in the determination of the design of the

  3  program, the division shall consider existing and

  4  complementary benefits provided by the Florida Retirement

  5  System and the Social Security System.

  6         (b)  Prepare, in cooperation with the Department of

  7  Insurance, the specifications necessary to implement the

  8  program.

  9         (c)  Contract on a competitive proposal basis with an

10  insurance carrier or carriers, or professional administrator,

11  determined by the Department of Insurance to be fully

12  qualified, financially sound, and capable of meeting all

13  servicing requirements.  Alternatively, the division may

14  self-insure any plan or plans contained in the state group

15  insurance program subject to approval based on actuarial

16  soundness by the Department of Insurance.  The division may

17  contract with an insurance company or professional

18  administrator qualified and approved by the Department of

19  Insurance to administer such plan. Before entering into any

20  contract, the division shall advertise for competitive

21  proposals, and such contract shall be let upon the

22  consideration of the benefits provided in relationship to the

23  cost of such benefits. In determining which entity to contract

24  with, the division shall, at a minimum, consider:  the

25  entity's previous experience and expertise in administering

26  group insurance programs of the type it proposes to

27  administer; the entity's ability to specifically perform its

28  contractual obligations in this state and other governmental

29  jurisdictions; the entity's anticipated administrative costs

30  and claims experience; the entity's capability to adequately

31  provide service coverage and sufficient number of experienced

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  and qualified personnel in the areas of claims processing,

  2  recordkeeping, and underwriting, as determined by the

  3  division; the entity's accessibility to state employees and

  4  providers; the financial solvency of the entity, using

  5  accepted business sector measures of financial performance.

  6  The division may contract for medical services which will

  7  improve the health or reduce medical costs for employees who

  8  participate in the state group insurance plan.

  9         (d)  With respect to the state group health insurance

10  plan, be authorized to require copayments with respect to all

11  providers under the plan.

12         (e)  Have authority to establish a voluntary program

13  for comprehensive health maintenance, which may include health

14  educational components and health appraisals.

15         (f)  With respect to any contract with an insurance

16  carrier or carriers or professional administrator entered into

17  by the division, require that the state and the enrollees be

18  held harmless and indemnified for any financial loss caused by

19  the failure of the insurance carrier or professional

20  administrator to comply with the terms of the contract.

21         (g)  With respect to any contract with an insurance

22  carrier or carriers, or professional administrator entered

23  into by the division, require that the carrier or professional

24  administrator provide written notice to individual enrollees

25  if any payment due to any health care provider of the enrollee

26  remains unpaid beyond a period of time as specified in the

27  contract.

28         (h)  Have authority to establish a voluntary group

29  long-term care program or other programs to be funded on a

30  pretax contribution basis or on a posttax contribution basis,

31  as the division determines.

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1

  2  Final decisions concerning enrollment, the existence of

  3  coverage, or covered benefits under the state group health

  4  insurance program plan shall not be delegated or deemed to

  5  have been delegated by the division.

  6         (9)  PUBLIC RECORDS LAW; EXEMPTION.--Patient medical

  7  records and medical claims records of state employees, former

  8  state employees, and their eligible covered dependents in the

  9  custody or control of the state group insurance program are

10  confidential and exempt from the provisions of s. 119.07(1).

11  Such records shall not be furnished to any person other than

12  the affected state employee or former state employee, or his

13  or her the employee's legal representative, except upon

14  written authorization of the employee or former state

15  employee, but may be furnished in any civil or criminal

16  action, unless otherwise prohibited by law, upon the issuance

17  of a subpoena from a court of competent jurisdiction and

18  proper notice to the state employee, former state employee, or

19  his or her the employee's legal representative by the party

20  seeking such records.

21         Section 7.  Section 110.12315, Florida Statutes, is

22  amended to read:

23         (Substantial rewording of section. See

24         s. 110.12315, F.S., for present text.)

25         110.12315  Prescription drug program.--The state

26  employees' prescription drug program is hereby established.

27  This program shall be administered by the Division of State

28  Group Insurance within the Department of Management Services,

29  according to the terms and conditions of the plan as

30  established by the Division of State Group Insurance and by

31  relevant provisions of the annual General Appropriations Act

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  and implementing legislation, subject to the following

  2  conditions:

  3         (1)  The Division of State Group Insurance shall allow

  4  prescriptions written by health care providers under the plan

  5  to be filled by any licensed pharmacy pursuant to contractual

  6  claims-processing provisions. However, nothing in this section

  7  shall be construed as prohibiting a mail order prescription

  8  drug program distinct from the service provided by retail

  9  pharmacies.

10         (2)  In providing for reimbursement of pharmacies for

11  prescription medicines dispensed to members of the state group

12  health insurance plan and their dependents under the state

13  employees' prescription drug program:

14         (a)  Retail pharmacies participating in the program

15  shall be reimbursed at a uniform rate and subject to uniform

16  conditions, according to the terms and conditions of the plan.

17         (b)  There shall be a 30-day supply limit for

18  prescription card purchases; there shall be a 90-day supply

19  limit for mail order or mail order prescription drug

20  purchases.

21         (c)  The current pharmacy dispensing fee shall remain

22  in effect.

23         (3)  The Division of State Group Insurance shall

24  establish the reimbursement schedule for prescription

25  pharmaceuticals dispensed under the program.  Reimbursement

26  rates for a prescription pharmaceutical shall be based on the

27  cost of the generic equivalent drug if a generic equivalent

28  exists, unless the physician prescribing the pharmaceutical

29  clearly states on the prescription that the brand name drug is

30  medically necessary or that the drug product is included on

31  the formulary of drug products that may not be interchanged as

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  provided in chapter 465, in which case, reimbursement shall be

  2  based on the cost of the brand name drug as specified in the

  3  reimbursement schedule adopted by the Division of State Group

  4  Insurance.

  5         (4)  The Division of State Group Insurance shall

  6  conduct a prescription utilization review program.  In order

  7  to participate in the state employees' prescription drug

  8  program, retail pharmacies dispensing prescription medicines

  9  to members of the state group health insurance plan or their

10  covered dependents, or to subscribers or covered dependents of

11  a health maintenance organization plan under the state group

12  insurance program, shall be required to make their records

13  available for this review.

14         (5)  The Division of State Group Insurance shall

15  implement such additional cost saving measures and adjustments

16  as may be required to balance program funding within

17  appropriations provided, including, but not limited to, a

18  trial or starter dose program and dispensing of long-term

19  maintenance medication in lieu of acute therapy medication.

20         (6)  Participating pharmacies must use a point-of-sale

21  device or an on-line computer system to verify a participant's

22  eligibility for coverage. The state is not liable for

23  reimbursement of a participating pharmacy for dispensing

24  prescription drugs to any person whose current eligibility for

25  coverage has not been verified by the state's contracted

26  administrator or by the Division of State Group Insurance.

27         Section 8.  Section 110.1232, Florida Statutes, is

28  amended to read:

29         110.1232  Health insurance coverage for persons retired

30  under state-administered retirement systems before January 1,

31  1976, and for spouses.--Notwithstanding any provisions of law

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  to the contrary, the Division of State Group Insurance shall

  2  provide health insurance coverage under in the state group

  3  Health insurance program Plan for persons who retired prior to

  4  January 1, 1976, under any of the state-administered

  5  retirement systems and who are not covered by social security

  6  and for the spouses and surviving spouses of such retirees who

  7  are also not covered by social security.  Such health

  8  insurance coverage shall provide the same benefits as provided

  9  to other retirees who are entitled to participate under s.

10  110.123. The claims experience of this group shall be

11  commingled with the claims experience of other members covered

12  under s. 110.123.

13         Section 9.  Subsection (1) of section 110.1234, Florida

14  Statutes, is amended to read:

15         110.1234  Health insurance for retirees under the

16  Florida Retirement System; Medicare supplement and fully

17  insured coverage.--

18         (1)  The Division of State Group Insurance shall

19  solicit competitive bids from state-licensed insurance

20  companies to provide and administer a fully insured Medicare

21  supplement policy for all eligible retirees of a state or

22  local public employer. Such Medicare supplement policy shall

23  meet the provisions of ss. 627.671-627.675.  For the purpose

24  of this subsection, "eligible retiree" means any public

25  employee who retired from a state or local public employer who

26  is covered by Medicare, Parts A and B. The division department

27  shall authorize one company to offer the Medicare supplement

28  coverage to all eligible retirees. All premiums shall be paid

29  by the retiree.

30         Section 10.  Section 110.1238, Florida Statutes, is

31  amended to read:

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         110.1238  State group health insurance plans; refunds

  2  with respect to overcharges by providers.--A participant in a

  3  state group health insurance plan who discovers that he or she

  4  was overcharged by a health care provider shall receive a

  5  refund of 50 percent of any amount recovered as a result of

  6  such overcharge, up to a maximum of $1,000 per admission.

  7         Section 11.  Section 110.1245, Florida Statutes, is

  8  amended to read:

  9         110.1245  Meritorious service awards program.--

10         (1)  The Department of Management Services shall set

11  policy, develop procedures, and promote a program of

12  meritorious service awards, incentives, and recognition to

13  employees who:

14         (a)  Propose procedures or ideas which are adopted and

15  which will result in increasing productivity, in eliminating

16  or reducing state expenditures or improving operations, or in

17  generating additional revenues, provided such proposals are

18  placed in effect and can be implemented under current

19  statutory authority; or

20         (b)  By their superior accomplishments, make

21  exceptional contributions to the efficiency, economy, or other

22  improvement in the operations of the state government.

23

24  Every state agency, unless otherwise provided by law, shall

25  participate in the program.  The Chief Justice shall have the

26  authority to establish a meritorious service awards program

27  for employees of the judicial branch within the parameters

28  established in this section.  The component of the program

29  specified in paragraph (a) shall apply to all employees within

30  the Career Service System, the Selected Exempt Service System,

31  and comparable employees within the judicial branch.  The

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  component of the program specified in paragraph (b) shall

  2  apply to all employees of the state.  No award granted under

  3  the component of the program described in paragraph (a) shall

  4  exceed 10 percent of the first year's actual savings or actual

  5  revenue increase, up to $25,000, plus applicable taxes, unless

  6  a larger award is made by the Legislature, and shall be paid

  7  from the appropriation available to the judicial branch or

  8  state agency affected by the award or from any specific

  9  appropriation therefor.  No award granted under the component

10  of the program described in paragraph (b) shall exceed $1,000

11  plus applicable taxes per individual employee. The judicial

12  branch or an agency may award savings bonds or other items in

13  lieu of cash awards, provided that the cost of such item does

14  not exceed the limits specified in this subsection.  In

15  addition, the judicial branch or a state agency may award

16  certificates, pins, plaques, letters of commendation, and

17  other tokens of recognition of meritorious service to an

18  employee eligible for recognition under either component of

19  the program, provided that the award may not cost in excess of

20  $100 $75 each plus applicable taxes.

21         (2)  The department and the judicial branch shall

22  submit annually to the President of the Senate and the Speaker

23  of the House of Representatives information that by April 1 of

24  each year a report which outlines each agency's level of

25  participation in the meritorious service awards program.  The

26  information must report shall include, but is not be limited

27  to:

28         (a)  The number of proposals made.

29         (b)  The number of awards made to employees for adopted

30  proposals.

31

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         (c)  The actual cost savings realized as a result of

  2  implementing employee proposals.

  3         (d)  Total expenditures incurred by the agency for

  4  providing awards to employees for adopted proposals.

  5         (e)  The number of employees recognized for superior

  6  accomplishments.

  7         (f)  The number of employees recognized for

  8  satisfactory service to the state.

  9         (3)  Each department head is authorized to incur

10  expenditures to award suitable framed certificates, pins, and

11  other tokens of recognition to retiring state employees whose

12  service with the state has been satisfactory, in appreciation

13  and recognition of such service.  Such awards may not cost in

14  excess of $100 $50 each plus applicable taxes.

15         (4)  Each department head is authorized to incur

16  expenditures to award suitable framed certificates, pins, or

17  other tokens of recognition to state employees who have

18  achieved increments of 5 years of satisfactory service in the

19  agency or to the state, in appreciation and recognition of

20  such service.  Such awards may not cost in excess of $50 $10

21  each plus applicable taxes.

22         (5)  Each department head is authorized to incur

23  expenditures not to exceed $100 $50 each plus applicable taxes

24  for suitable framed certificates, plaques, or other tokens of

25  recognition to any appointed member of a state board or

26  commission whose service to the state has been satisfactory,

27  in appreciation and recognition of such service upon the

28  expiration of such board or commission member's final term in

29  such position.

30         Section 12.  Subsections (5), (6), and (7) of section

31  110.161, Florida Statutes, are amended to read:

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         110.161  State employees; pretax benefits program.--

  2         (5)  The Division of State Group Insurance shall

  3  develop rules for the pretax benefits program, which shall

  4  specify the benefits to be offered under the program, the

  5  continuing tax-exempt status of the program, and any other

  6  matters deemed necessary by the division department to

  7  implement this section. The rules must be approved by a

  8  majority vote of the Administration Commission.

  9         (6)  The Division of State Group Insurance is

10  authorized to administer the establish a pretax benefits

11  program established for all employees so that whereby

12  employees may would receive benefits which are not includable

13  in gross income under the Internal Revenue Code of 1986.  The

14  pretax benefits program: shall be implemented in phases.

15         (a)  Phase one Shall allow employee contributions to

16  premiums for the state group insurance health program

17  administered under s. 110.123 and state life insurance to be

18  paid on a pretax basis unless an employee elects not to

19  participate.

20         (b)  Phase two Shall allow employees to voluntarily

21  establish expense reimbursement plans from their salaries on a

22  pretax basis to pay for qualified medical and dependent care

23  expenses, including premiums paid by employees for qualified

24  supplemental insurance.

25         (c)  Phase two May also provide for the payment of such

26  premiums through a pretax payroll procedure as used in phase

27  one. The Administration Commission and the Division of State

28  Group Insurance are directed to take all actions necessary to

29  preserve the tax-exempt status of the program.

30         (7)  The Legislature recognizes that a substantial

31  amount of the employer savings realized by the implementation

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  of a pretax benefits program will be the result of diminutions

  2  in the state's employer contribution to the Federal Insurance

  3  Contributions Act tax. There is hereby created the Pretax

  4  Benefits Trust Fund in the Division of State Group Insurance.

  5  Each agency shall transfer to the Pretax Benefits Trust Fund

  6  the employer FICA contributions saved by the state as a result

  7  of the implementation of the pretax benefits program

  8  authorized pursuant to this section. Any moneys forfeited

  9  pursuant to employees' salary reduction agreements to

10  participate in phase one or phase two of the program must also

11  be deposited in the Pretax Benefits Trust Fund. Moneys in the

12  Pretax Benefits Trust Fund shall be used for the pretax

13  benefits program, including its administration by the Division

14  of State Group Insurance Department of Management Services or

15  a third-party administrator.

16         Section 13.  Paragraph (b) of subsection (2) of section

17  110.181, Florida Statutes, is amended to read:

18         110.181  Florida State Employees' Charitable

19  Campaign.--

20         (2)  SELECTION OF FISCAL AGENTS; COST.--

21         (b)  The fiscal agent shall withhold the reasonable

22  costs for conducting the campaign and for accounting and

23  distribution to the participating organizations and shall

24  reimburse the department the actual cost, not to exceed 1

25  percent of gross pledges, for coordinating the campaign in

26  accordance with the rules of the department. In any fiscal

27  year in which the Legislature specifically appropriates to the

28  department its total costs for coordinating the campaign from

29  the General Revenue Fund, the fiscal agent shall not reimburse

30  such costs to the department under this subsection. Otherwise,

31

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  reimbursement will be the difference between actual costs and

  2  the amount appropriated.

  3         Section 14.  Subsection (5) is added to section

  4  110.201, Florida Statutes, to read:

  5         110.201  Personnel rules, records, and reports.--

  6         (5)  The department shall develop a workforce report

  7  that contains data with regard to the state's human resources.

  8  The report should identify trends for planning and improving

  9  the management of the state's human resources. The department

10  shall submit this report annually to the Governor, the

11  President of the Senate, and the Speaker of the House of

12  Representatives.

13         Section 15.  Paragraphs (i) and (m) of subsection (2)

14  of section 110.205, Florida Statutes, are amended to read:

15         110.205  Career service; exemptions.--

16         (2)  EXEMPT POSITIONS.--The exempt positions which are

17  not covered by this part include the following, provided that

18  no position, except for positions established for a limited

19  period of time pursuant to paragraph (h), shall be exempted if

20  the position reports to a position in the career service:

21         (i)  The appointed secretaries, assistant secretaries,

22  deputy secretaries, and deputy assistant secretaries of all

23  departments; the executive directors, assistant executive

24  directors, deputy executive directors, and deputy assistant

25  executive directors of all departments; and the directors of

26  all divisions and those positions determined by the department

27  to have managerial responsibilities comparable to such

28  positions, which positions include, but are not limited to,

29  program directors, assistant program directors, district

30  administrators, deputy district administrators, the Director

31  of Central Operations Services of the Department of Health and

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  Rehabilitative Services, the assistant director of the

  2  Division of State Group Insurance and the assistant director

  3  of the Division of Retirement of the Department of Management

  4  Services, and the State Transportation Planner, State Highway

  5  Engineer, State Public Transportation Administrator, district

  6  secretaries, district directors of planning and programming,

  7  production, and operations, and the managers of the offices

  8  specified in s. 20.23(3)(d)2., of the Department of

  9  Transportation.  Unless otherwise fixed by law, the department

10  shall set the salary and benefits of these positions in

11  accordance with the rules of the Senior Management Service.

12         (m)1.  In addition to those positions exempted by other

13  paragraphs of this subsection, each department head may

14  designate a maximum of 20 policymaking or managerial

15  positions, as defined by the department and approved by the

16  Administration Commission, as being exempt from the Career

17  Service System.  Career service employees who occupy a

18  position designated as a position in the Selected Exempt

19  Service under this paragraph shall have the right to remain in

20  the Career Service System by opting to serve in a position not

21  exempted by the employing agency.  Unless otherwise fixed by

22  law, the department shall set the salary and benefits of these

23  positions in accordance with the rules of the Selected Exempt

24  Service; provided, however, that if the agency head determines

25  that the general counsel, chief Cabinet aide, public

26  information administrator or comparable position for a Cabinet

27  officer, inspector general, or legislative affairs director

28  has both policymaking and managerial responsibilities and if

29  the department determines that any such position has both

30  policymaking and managerial responsibilities, the salary and

31  benefits for each such position shall be established by the

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  department in accordance with the rules of the Senior

  2  Management Service. In addition, each department may designate

  3  one additional position in the Senior Management Service if

  4  that position reports directly to the agency head or to a

  5  position in the Senior Management Service and if any

  6  additional costs are absorbed from the existing budget of that

  7  department.

  8         2.  If otherwise exempt, employees of the Public

  9  Employees Relations Commission, the Commission on Human

10  Relations, and the Unemployment Appeals Commission, upon the

11  certification of their respective commission heads, may be

12  provided for under this paragraph as members of the Senior

13  Management Service, if otherwise qualified.  However, the

14  deputy general counsels of the Public Employees Relations

15  Commission shall be compensated as members of the Selected

16  Exempt Service.

17         Section 16.  Subsection (4) of section 110.235, Florida

18  Statutes, is amended to read:

19         110.235  Training.--

20         (4)  Each employing agency shall annually evaluate and

21  report to the department the training it has implemented and

22  the progress it has made in the area of training. The

23  department shall review and consolidate the information

24  reported to it by the agencies and shall annually report the

25  progress of the agencies in training to the Governor, the

26  President of the Senate, and the Speaker of the House of

27  Representatives.

28         Section 17.  Subsection (5) of section 110.503, Florida

29  Statutes, is amended to read:

30

31

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         110.503  Responsibilities of departments and

  2  agencies.--Each department or agency utilizing the services of

  3  volunteers shall:

  4         (5)  Provide for the recognition of volunteers who have

  5  offered continuous and outstanding service to

  6  state-administered programs. Each department or agency using

  7  the services of volunteers is authorized to incur expenditures

  8  not to exceed $75 each plus applicable taxes for suitable

  9  framed certificates, plaques, or other tokens of recognition

10  to honor, reward, or encourage volunteers for their service.

11         Section 18.  Subsection (6) of section 110.504, Florida

12  Statutes, is amended to read:

13         110.504  Volunteer benefits.--

14         (6)  Incidental recognition benefits or incidental

15  nonmonetary awards may be furnished to volunteers serving in

16  state departments to award, recognize, or encourage volunteers

17  for their service. The awards may not cost in excess of $75

18  each plus applicable taxes.

19         Section 19.  Paragraph (f) of subsection (3) and

20  subsections (12) and (13) of section 112.061, Florida

21  Statutes, are amended to read:

22         112.061  Per diem and travel expenses of public

23  officers, employees, and authorized persons.--

24         (3)  AUTHORITY TO INCUR TRAVEL EXPENSES.--

25         (f)  A traveler who becomes sick or injured while away

26  from his or her official headquarters and is therefore unable

27  to perform the official business of the agency may continue to

28  receive subsistence as provided in subsection (6) during this

29  period of illness or injury until such time as he or she is

30  able to perform the official business of the agency or returns

31  to his or her official headquarters, whichever is earlier.

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  Such subsistence may be paid when approved by the agency head

  2  or his or her designee.

  3         (12)  ADVANCEMENTS.--Notwithstanding any of the

  4  foregoing restrictions and limitations, an agency head or his

  5  or her designee may make, or authorize the making of, advances

  6  to cover anticipated costs of travel to travelers.  Such

  7  advancements may include the costs of subsistence and travel

  8  of any person transported in the care or custody of the

  9  traveler in the performance of his or her duties.

10         (13)  DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever

11  an agency requires an employee to incur either Class A or

12  Class B travel on emergency notice to the traveler, such

13  traveler may request the agency to pay his or her expenses for

14  meals and lodging directly to the vendor, and the agency may

15  pay the vendor the actual expenses for meals and lodging

16  during the travel period, limited to an amount not to exceed

17  that authorized pursuant to this section. In emergency

18  situations, the agency head or his or her designee may

19  authorize an increase in the amount paid for a specific meal,

20  provided that the total daily cost of meals does not exceed

21  the total amount authorized for meals each day.  The agency

22  head or his or her designee may also grant prior approval for

23  a state agency to make direct payments of travel expenses in

24  other situations that result in cost savings to the state, and

25  such cost savings shall be documented in the voucher submitted

26  to the Comptroller for the direct payment of travel expenses.

27  The provisions of this subsection shall not be deemed to apply

28  to any legislator or to any employee of either house of the

29  Legislature or of the Joint Legislative Management Committee.

30         Section 20.  Section 121.025, Florida Statutes, is

31  amended to read:

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         121.025  Administrator; powers and duties.--The

  2  director of the Division of Retirement shall be the

  3  administrator of the retirement and pension systems assigned

  4  or transferred to the Division of Retirement by law and shall

  5  have the authority to sign the contracts necessary to carry

  6  out the duties and responsibilities assigned by law to the

  7  Division of Retirement. The director and assistant director

  8  shall be exempt from the Career Service System as provided

  9  under s. 110.205(2)(i) of the state personnel law. In addition

10  to the 20 policymaking positions allocated to the Department

11  of Management Services, under s. 110.205(2)(m), the director,

12  as agency head, may designate as being exempt from the Career

13  Service System a maximum of 10 positions determined by the

14  director to have policymaking or managerial responsibilities

15  comparable to such positions.

16         Section 21.  Subsection (1) of section 215.196, Florida

17  Statutes, is amended to read:

18         215.196  Architects Incidental Trust Fund; creation;

19  assessment.--

20         (1)  There is created the Architects Incidental Trust

21  Fund for the purpose of providing sufficient funds for the

22  operation of the facilities development activities of the

23  Department of Management Services Division of Building

24  Construction.

25         Section 22.  Subsections (5) and (9) of section

26  215.422, Florida Statutes, are amended to read:

27         215.422  Warrants, vouchers, and invoices; processing

28  time limits; dispute resolution; agency or judicial branch

29  compliance.--

30         (5)  All purchasing agreements between a state agency

31  or the judicial branch and a vendor, applicable to this

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  section, shall include a statement of the vendor's rights and

  2  the state's responsibilities under this section.  The vendor's

  3  rights shall include being provided with the name and

  4  telephone number of the vendor ombudsman within the Department

  5  of Banking and Finance, which information shall also be placed

  6  on all agency or judicial branch purchase orders.

  7         (9)  Each agency and the judicial branch shall include

  8  in the official position description of every officer or

  9  employee who is responsible for the approval or processing of

10  vendors' invoices or distribution of warrants to vendors that

11  the requirements of this section are mandatory.  In addition,

12  each employee shall be required to sign a statement at least

13  annually that he or she has been provided a copy of this

14  section and the rules promulgated by the Comptroller.  The

15  statement shall also acknowledge that the employee understands

16  the approval and processing time limitations and the provision

17  for automatic interest penalty payments.  Each agency and the

18  judicial branch shall certify its compliance with this

19  subsection to the Comptroller on or before February 1 of each

20  year.

21         Section 23.  Paragraph (a) of subsection (5) of section

22  215.94, Florida Statutes, is amended to read:

23         215.94  Designation, duties, and responsibilities of

24  functional owners.--

25         (5)  The Department of Management Services shall be the

26  functional owner of the Cooperative Personnel Employment

27  Subsystem.  The department shall design, implement, and

28  operate the subsystem in accordance with the provisions of ss.

29  110.116 and 215.90-215.96.  The subsystem shall include, but

30  shall not be limited to, functions for:

31

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         (a)  Maintenance of employee and position data,

  2  including funding sources and percentages and salary lapse.

  3  The employee data shall include, but not be limited to,

  4  information to meet the payroll system requirements of the

  5  Department of Banking and Finance and to meet the employee

  6  benefit system requirements of the Division of State Group

  7  Employees Insurance in the Department of Management Services.

  8         Section 24.  Paragraph (v) of subsection (1) of section

  9  216.011, Florida Statutes, is amended to read:

10         216.011  Definitions.--

11         (1)  For the purpose of fiscal affairs of the state,

12  appropriations acts, legislative budgets, and approved

13  budgets, each of the following terms has the meaning

14  indicated:

15         (v)  "Operating capital outlay" means equipment,

16  fixtures, and other tangible personal property of a

17  nonconsumable and nonexpendable nature, the value or cost of

18  which is $1,000 $500 or more and the normal expected life of

19  which is 1 year or more, and hardback-covered bound books that

20  are circulated to students or the general public, the value or

21  cost of which is $25 or more, and hardback-covered bound

22  books, the value or cost of which is $250 $100 or more.

23         Section 25.  Paragraphs (b) and (k) of subsection (2)

24  of section 255.249, Florida Statutes, are amended to read:

25         255.249  Division of Facilities Management;

26  responsibility; department rules.--

27         (2)  The department shall promulgate rules pursuant to

28  chapter 120 providing:

29         (b)  Procedures for soliciting and accepting

30  competitive proposals for leased space of 5,000 3,000 square

31  feet or more in privately owned buildings, for evaluating the

                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  proposals received, for exemption from competitive bidding

  2  requirements of any lease the purpose of which is the

  3  provision of care and living space for persons or emergency

  4  space needs as provided in s. 255.25(10), and for the securing

  5  of at least three documented quotes for a lease that is not

  6  required to be competitively bid.

  7         (k)  For a lease of less than 5,000 3,000 square feet,

  8  a method for certification by the agency head or the agency

  9  head's designated representative that all criteria for leasing

10  have been fully complied with and for the filing of a copy of

11  such lease and all supporting documents with the department

12  for its review and approval as to technical sufficiency.

13         Section 26.  Paragraph (b) of subsection (2) and

14  subsection (3) of section 255.25, Florida Statutes, are

15  amended to read:

16         255.25  Approval required prior to construction or

17  lease of buildings.--

18         (2)

19         (b)  The approval of the Department Division of

20  Facilities Management Services, except for technical

21  sufficiency, need not be obtained for the lease of less than

22  5,000 3,000 square feet of space within a privately owned

23  building, provided the agency head or the agency head's

24  designated representative has certified compliance with

25  applicable leasing criteria as may be provided pursuant to s.

26  255.249(2)(k) and has determined such lease to be in the best

27  interest of the state. Such a lease which is for a term

28  extending beyond the end of a fiscal year is subject to the

29  provisions of ss. 216.311, 255.2502, and 255.2503.

30         (3)(a)  Except as provided in subsection (10) and

31  except for those leases negotiated pursuant to the pilot

                                  41

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  project for contracted tenant brokers established by the

  2  Department of Management Services in this act, no state agency

  3  shall enter into a lease as lessee for the use of 5,000 3,000

  4  square feet or more of space in a privately owned building

  5  except upon advertisement for and receipt of competitive bids

  6  and award to the lowest and best bidder. The Department of

  7  Management Services Division of Facilities Management shall

  8  have the authority to approve a lease for 5,000 3,000 square

  9  feet or more of space that covers more than 1 fiscal year,

10  subject to the provisions of ss. 216.311, 255.2501, 255.2502,

11  and 255.2503, if such lease is, in the judgment of the

12  department division, in the best interests of the state.  This

13  paragraph does not apply to buildings or facilities of any

14  size leased for the purpose of providing care and living space

15  for persons.

16         (b)  The Department Division of Facilities Management

17  Services may approve extensions of an existing lease of 5,000

18  3,000 square feet or more of space if such extensions are

19  determined to be in the best interests of the state, but in no

20  case shall the total of such extensions exceed 11 months.  If

21  at the end of the 11th month an agency still needs space, it

22  shall be procured by competitive bid in accordance with s.

23  255.249(2)(b).

24         (c)  Any person who files an action protesting a

25  decision or intended decision pertaining to a competitive bid

26  for space to be leased by the agency pursuant to s.

27  120.57(3)(b) shall post with the state agency at the time of

28  filing the formal written protest a bond payable to the agency

29  in an amount equal to 1 percent of the estimated total rental

30  of the basic lease period or $5,000, whichever is greater

31  less, which bond shall be conditioned upon the payment of all

                                  42

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  costs which may be adjudged against him or her in the

  2  administrative hearing in which the action is brought and in

  3  any subsequent appellate court proceeding. If the agency

  4  prevails after completion of the administrative hearing

  5  process and any appellate court proceedings, it shall recover

  6  all costs and charges which shall be included in the final

  7  order or judgment, excluding attorney's fees.  Upon payment of

  8  such costs and charges by the person protesting the award, the

  9  bond shall be returned to him or her.  If the person

10  protesting the award prevails, the bond shall be returned to

11  that person and he or she shall recover from the agency all

12  costs and charges which shall be included in the final order

13  of judgment, excluding attorney's fees.

14         Section 27.  Contracted tenant brokers; pilot

15  project.--

16         (1)  The Department of Management Services shall

17  undertake a pilot project in Hillsborough, Leon, Levy, and

18  Orange Counties for a contracted tenant broker to assist state

19  agencies in locating suitable private sector leases. The

20  department shall solicit qualified candidates through the

21  request for proposals process and conduct interviews of

22  finalists. The tenant broker shall be under contract to the

23  department, but all fees or commissions to be paid to the

24  tenant broker shall be paid by the ultimate private sector

25  lessor. The department shall select two brokers in each county

26  in the pilot project. Agencies may employ the services of

27  either broker in any such county for a specified period of

28  time for a given property procurement. Except for the

29  exemption from competitive bidding as described in s.

30  255.25(3)(a), Florida Statutes, current leasing procedures

31  would remain in effect, including the zone rate guidelines.

                                  43

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  Brokers shall be required to disclose any conflict of interest

  2  and all compensation received from transactions. Brokers'

  3  compensation shall be no more than what is customarily found

  4  in the marketplace. Contracts between the department and the

  5  brokers shall be for a term of 1 year, renewable for an

  6  additional year based on a satisfactory performance review.

  7  The Department of Management Services is authorized to adopt

  8  such rules as may be necessary to carry out the intent of this

  9  section.

10         (2)  In designing the pilot project, the department

11  shall endeavor to accomplish the following goals:

12         (a)  Provide for a faster, more efficient, and

13  cost-effective lease procurement process.

14         (b)  Provide access for agencies to experienced brokers

15  with knowledge of the local marketplace.

16         (c)  Provide a documented, professional cost/benefit

17  analysis of all choices.

18         (d)  Provide for the ability to negotiate the best

19  deal.

20         (e)  Provide the ability to reject any proposal which

21  does not meet the needs of the agency.

22         (f)  Provide that the Department of Management Services

23  shall have final review and approval of all leases to ensure

24  quality control.

25         (3)  On or before July 1, 2000, the Department of

26  Management Services shall report to the Legislature on the

27  effectiveness of the pilot project and shall make

28  recommendations, in the form of legislation, if necessary, for

29  the implementation of the project on a statewide basis.

30         (4)  The pilot project shall stand repealed effective

31  July 1, 2000.

                                  44

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         Section 28.  Subsection (2) of section 255.257, Florida

  2  Statutes, is amended to read:

  3         255.257  Energy management plan; buildings occupied by

  4  state agencies.--

  5         (2)  ENERGY CONSUMPTION AND COST DATA.--Each state

  6  agency shall submit, in the form and manner to be prescribed

  7  by the Department Division of Facilities Management Services,

  8  data on energy consumption and cost. The data gathered shall

  9  be on state-owned facilities and metered state-leased

10  facilities of 5,000 net square feet or more. These data will

11  be used in the computation of the effectiveness of the state

12  energy management plan and the effectiveness of the energy

13  management program of each of the reporting agencies. The

14  department division shall advise the various agencies on the

15  effectiveness of their energy management programs.

16         Section 29.  Section 255.503, Florida Statutes, is

17  amended to read:

18         255.503  Powers of the Department Division of

19  Facilities Management Services.--

20         (1)  The Department Division of Facilities Management

21  Services shall have all the authority necessary to carry out

22  and effectuate the purposes and provisions of this act,

23  including, but not limited to, the authority to:

24         (a)(1)  Collect reasonable rentals or charges for the

25  use of and services provided for facilities in the pool in

26  accordance with the provisions of this act exclusively for the

27  purpose of paying the expenses of improving, repairing,

28  maintaining, and operating facilities and paying debt service

29  charges in connection with its obligations.

30         (b)(2)  Prescribe for the use of facilities in the

31  pool, prescribe the amount of rentals or charges, and make and

                                  45

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  enter into contracts with any political subdivision or agency,

  2  for the use of and services provided for such facilities.

  3         (c)(3)  Acquire facilities pursuant to s. 11(e), Art.

  4  VII of the State Constitution and own, operate, and finance

  5  such facilities in accordance with this act through the

  6  issuance of obligations by the division under this act; to

  7  utilize rentals or charges from such facilities, as well as

  8  any appropriated state or other public funds; and to pledge

  9  revenue from such facilities to finance the acquisition of

10  facilities pursuant to the provisions of this act.

11         (d)(4)  Operate existing state-owned facilities in the

12  pool and to pledge rentals or charges for such facilities to

13  finance the acquisition of facilities pursuant to the

14  provisions of this act.

15         (e)(5)  Pledge, hypothecate, or otherwise encumber

16  rentals or charges as may be agreed as security for

17  obligations issued under this act and enter into trust

18  agreements or indentures for the benefit of the holders of

19  such obligations.

20         (f)(6)  Borrow money or accept advances, loans, gifts,

21  grants, devises, or bequests from any source; enter into

22  contracts or agreements with any party; and hold and apply

23  advances, loans, gifts, grants, devises, or bequests according

24  to the terms thereof. Such advances, loans, gifts, grants,

25  devises, or bequests of real estate may be in fee simple or of

26  any lesser estate and may be subject to any reasonable

27  reservations.  Any advances or loans received from any source

28  may be repaid in accordance with the terms of such advance or

29  loan.

30         (g)(7)  Sell, lease, release, or otherwise dispose of

31  facilities in the pool in accordance with applicable law.

                                  46

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         (h)(8)  Create and establish funds and accounts for the

  2  purpose of debt service reserves, for the matching of the

  3  timing and the amount of available funds and debt service

  4  charges, for sinking funds, for capital depreciation reserves,

  5  for operating reserves, for capitalized interest and moneys

  6  not required for immediate disbursement to acquire all or a

  7  portion of any facility, and for any other reserves, funds, or

  8  accounts reasonably necessary to carry out the provisions of

  9  this act and to invest in authorized investments any moneys

10  held in such funds and accounts, provided such investments

11  will be made on behalf of the Department Division of

12  Facilities Management Services by the State Board of

13  Administration or the Treasurer, as appropriate.

14         (i)(9)  Engage the services of consultants for

15  rendering professional and technical assistance and advice and

16  to engage services of professionals in connection with the

17  acquisition or financing of any facility or the operation and

18  activities of the Department Division of Facilities Management

19  Services, including attorneys, auditors, consultants, and

20  accountants.

21         (j)(10)  Lease all or any portion of any facility to an

22  agency or to any political subdivision.

23         (k)(11)  Promulgate all rules necessary to implement

24  the provisions of this act.

25         (l)(12)  Do all other acts reasonably necessary to

26  carry out the provisions of this act.

27         (2)  When the Governor, by executive order, declares an

28  emergency, an agency head has the responsibility for the

29  closing of the affected facilities or portions thereof within

30  his or her jurisdiction which are located in the area covered

31  by the executive order. In any other disaster or emergency

                                  47

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  condition that may necessitate the closing of facilities in an

  2  area, an agency head has the authority and responsibility to

  3  determine whether the agency offices or facilities or portion

  4  thereof under his or her jurisdiction are affected by the

  5  emergency and should be closed. The Department of Management

  6  Services must approve the closing of any agency facility or

  7  portion thereof for more than 2 consecutive work days. In the

  8  case of a facility operated by the Department of Management

  9  Services, either an agency head or the Secretary of Management

10  Services has the authority and responsibility to determine

11  whether agency offices or facilities or any portion thereof

12  are affected by the emergency and are to be closed.

13         Section 30.  Paragraph (a) of subsection (3) of section

14  267.075, Florida Statutes, is amended to read:

15         267.075  The Grove Advisory Council; creation;

16  membership; purposes.--

17         (3)(a)  The Grove Advisory Council shall be composed of

18  eight members, as follows:

19         1.  Five members shall be private citizens appointed by

20  the Secretary of State.

21         2.  One member shall be the Secretary director of the

22  Division of Facilities Management of the Department of

23  Management Services or his or her designee.

24         3.  One member shall be the director of the Division of

25  Historical Resources of the Department of State.

26         4.  At least one member shall be a direct descendant of

27  Mary Call Darby Collins appointed by the Secretary of State

28  with the advice of the oldest living generation of lineal

29  descendants of Mary Call Darby Collins.

30

31

                                  48

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  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

                                  49

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  officio member of the commission but shall have no voting

  2  rights except in the case of a tie vote.

  3         Section 32.  Section 272.185, Florida Statutes, is

  4  amended to read:

  5         272.185  Maintenance of Governor's Mansion by

  6  Department Division of Facilities Management Services.--

  7         (1)  POWERS AND DUTIES OF DIVISION.--

  8         (a)  The Division of Facilities Management of the

  9  Department of Management Services shall maintain all

10  structures, furnishings, equipment, and grounds of the

11  Governor's Mansion, except that the exterior facades; the

12  landscaping of the grounds; the antique furnishings in the

13  private quarters; the interiors of the state rooms; and the

14  articles of furniture, fixtures, and decorative objects used

15  or displayed in the state rooms shall be maintained pursuant

16  to the directives of the Governor's Mansion Commission.

17         (2)(b)  The department division shall insure the

18  Governor's Mansion, its contents, and all structures and

19  appurtenances thereto with the State Property Insurance Trust

20  Fund as provided in s. 284.01. The department may division is

21  authorized to purchase any necessary insurance either by a

22  primary insurance contract, excess coverage insurance, or

23  reinsurance to cover the contents of the mansion, whether

24  title of the contents is in the state or in any other person

25  or entity not a resident of the mansion, notwithstanding the

26  provision of s. 287.025.

27         (3)(c)  The department division shall have authority to

28  contract and be contracted with for work and materials

29  required.

30         (4)(d)  The department division shall keep a continuing

31  and accurate inventory of all equipment and furnishings.

                                  50

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         (2)  FINANCING; BUDGETS.--The division shall submit its

  2  budgetary requirements to the Department of Management

  3  Services for its approval and inclusion in legislative budget

  4  requests.

  5         Section 33.  Section 273.02, Florida Statutes, is

  6  amended to read:

  7         273.02  Record and inventory of certain property.--The

  8  word "property" as used in this section means equipment,

  9  fixtures, and other tangible personal property of a

10  nonconsumable and nonexpendable nature, the value or cost of

11  which is $1,000 $500 or more and the normal expected life of

12  which is 1 year or more, and hardback-covered bound books that

13  are circulated to students or the general public, the value or

14  cost of which is $25 or more, and hardback-covered bound

15  books, the value or cost of which is $250 $100 or more.  Each

16  item of property which it is practicable to identify by

17  marking shall be marked in the manner required by the Auditor

18  General.  Each custodian shall maintain an adequate record of

19  property in his or her custody, which record shall contain

20  such information as shall be required by the Auditor General.

21  Once each year, on July 1 or as soon thereafter as is

22  practicable, and whenever there is a change of custodian, each

23  custodian shall take an inventory of property in his or her

24  custody. The inventory shall be compared with the property

25  record, and all discrepancies shall be traced and reconciled.

26  All publicly supported libraries shall be exempt from marking

27  hardback-covered bound books, as required by this section.

28  The catalog and inventory control records maintained by each

29  publicly supported library shall constitute the property

30  record of hardback-covered bound books with a value or cost of

31  $25 or more included in each publicly supported library

                                  51

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  collection and shall serve as a perpetual inventory in lieu of

  2  an annual physical inventory.  All books identified by these

  3  records as missing shall be traced and reconciled, and the

  4  library inventory shall be adjusted accordingly.

  5         Section 34.  Subsection (5) of section 273.055, Florida

  6  Statutes, is amended to read:

  7         273.055  Disposition of state-owned tangible personal

  8  property.--

  9         (5)  All moneys received by the division from the

10  disposition of state-owned tangible personal property or from

11  any agreement entered into under this chapter must be retained

12  by the custodian and may be disbursed for the acquisition of

13  exchange and surplus property and for all necessary operating

14  expenditures, and are appropriated for those purposes. The

15  custodian shall maintain records of the accounts into which

16  the money is deposited shall be deposited into the General

17  Revenue Fund.

18         Section 35.  Section 281.07, Florida Statutes, is

19  amended to read:

20         281.07  Rules; Facilities Program Division of Capitol

21  Police; traffic regulation.--

22         (1)  The Department of Management Services shall adopt

23  and promulgate rules to govern the administration, operation,

24  and management of the Facilities Program Division of Capitol

25  Police and to regulate traffic and parking on state-owned or

26  state-leased property, which rules are not in conflict with

27  any state law or county or municipal ordinance, and to carry

28  out the provisions of ss. 281.02-281.09.

29         (2)  Political subdivisions and municipalities may

30  enact and enforce ordinances on the violation of traffic and

31  parking rules provided in subsection (1).

                                  52

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         Section 36.  Subsection (5) is added to section

  2  282.105, Florida Statutes, to read:

  3         282.105  Use of state SUNCOM Network by nonprofit

  4  corporations.--

  5         (5)  Private, nonprofit elementary and secondary

  6  schools shall be eligible for rates and services on the same

  7  basis as public schools, providing these nonpublic schools do

  8  not have an endowment in excess of $50 million.

  9         Section 37.  Subsection (4) of section 282.111, Florida

10  Statutes, is amended to read:

11         282.111  Statewide system of regional law enforcement

12  communications.--

13         (4)  The Secretary of Management Services or his or her

14  designee director of the division is designated as the

15  director of the statewide system of regional law enforcement

16  communications and, for the purpose of carrying out the

17  provisions of this section, is authorized to coordinate the

18  activities of the system with other interested state agencies

19  and local law enforcement agencies.

20         Section 38.  Paragraph (b) of subsection (2) and

21  paragraph (b) of subsection (4) of section 287.042, Florida

22  Statutes, are amended to read:

23         287.042  Powers, duties, and functions.--The Department

24  of Management Services division shall have the following

25  powers, duties, and functions:

26         (2)

27         (b)  As an alternative to any provision in s.

28  120.57(3)(c), the department division may proceed with the bid

29  solicitation or contract award process of a term contract bid

30  when the secretary of the department or his or her designee

31  director of the division sets forth in writing particular

                                  53

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  facts and circumstances which demonstrate that the delay

  2  incident to staying the bid process or contract award process

  3  would be detrimental to the interests of the state.  After the

  4  award of a contract resulting from a bid in which a timely

  5  protest was received and in which the state did not prevail,

  6  the contract may be canceled and reawarded to the prevailing

  7  party.

  8         (4)  To establish a system of coordinated, uniform

  9  procurement policies, procedures, and practices to be used by

10  agencies in acquiring commodities and contractual services,

11  which shall include, but not be limited to:

12         (b)  Development of procedures for the releasing of

13  requests for proposals, and invitations to bid, and other

14  competitive procurements, which procedures shall include, but

15  not be limited to, publication in the Florida Administrative

16  Weekly or on Government Services Direct the Florida

17  Communities Network of notice for requests for proposals at

18  least 28 days before the date set for submittal of proposals

19  and publication of notice for invitations to bid at least 10

20  calendar days before the date set for submission of bids. An

21  agency may waive the requirement for notice in the Florida

22  Administrative Weekly or on Government Services Direct the

23  Florida Communities Network. Notice of the request for

24  proposals shall be mailed to prospective offerors at least 28

25  calendar days prior to the date for submittal of proposals.

26  Notice of the invitation to bid shall be mailed to prospective

27  bidders at least 10 calendar days prior to the date set for

28  submittal of bids. The Minority Business Advocacy and

29  Assistance Office may consult with agencies regarding the

30  development of bid distribution procedures to ensure that

31

                                  54

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  maximum distribution is afforded to certified minority

  2  business enterprises as defined in s. 288.703.

  3         Section 39.  Paragraph (d) of subsection (3) of section

  4  287.057, Florida Statutes, is amended to read:

  5         287.057  Procurement of commodities or contractual

  6  services.--

  7         (3)  When the purchase price of commodities or

  8  contractual services exceeds the threshold amount provided in

  9  s. 287.017 for CATEGORY TWO, no purchase of commodities or

10  contractual services may be made without receiving competitive

11  sealed bids or competitive sealed proposals unless:

12         (d)  When it is in the best interest of the state, the

13  Secretary Department of Management Services or his or her

14  designee may authorize the Support Program director of the

15  division to purchase insurance by negotiation, but such

16  purchase shall be made only under conditions most favorable to

17  the public interest.

18         Section 40.  Paragraph (c) of subsection (1) of section

19  287.058, Florida Statutes, is amended to read:

20         287.058  Contract document.--

21         (1)  Every procurement of contractual services in

22  excess of the threshold amount provided in s. 287.017 for

23  CATEGORY TWO, except for the providing of health and mental

24  health services or drugs in the examination, diagnosis, or

25  treatment of sick or injured state employees or the providing

26  of other benefits as required by the provisions of chapter

27  440, shall be evidenced by a written agreement embodying all

28  provisions and conditions of the procurement of such services,

29  which provisions and conditions shall, where applicable,

30  include, but shall not be limited to:

31

                                  55

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         (c)  A provision allowing unilateral cancellation by

  2  the agency for refusal by the contractor to allow public

  3  access to all documents, papers, letters, or other material

  4  subject to the provisions of chapter 119 and made or received

  5  by the contractor in conjunction with the contract. Further

  6  agreements between the contractor, subcontractors, or other

  7  parties performing services and receiving state funds, either

  8  directly or indirectly, shall also contain a provision

  9  allowing unilateral cancellation by the contractor or by the

10  agency for refusal by the subcontractor or other party to

11  allow public access to all documents, papers, letters, or

12  other such material subject to the provisions of chapter 119

13  and made or received by the subcontractor or other party in

14  conjunction with the contract.

15

16  In lieu of a written agreement, the division may authorize the

17  use of a purchase order for classes of contractual services,

18  provided the provisions of paragraphs (a)-(f) are included in

19  the purchase order, invitation to bid, or request for

20  proposals.  The purchase order shall include an adequate

21  description of the services, the contract period, and the

22  method of payment. In lieu of printing the provisions of

23  paragraphs (a)-(f) in the contract document or purchase order,

24  agencies may incorporate the requirements of paragraphs

25  (a)-(f) by reference.

26         Section 41.  Section 287.16, Florida Statutes, is

27  amended to read:

28         287.16  Powers and duties of department division.--The

29  Department of Management Services Division of Motor Pool shall

30  have the following powers, duties, and responsibilities:

31

                                  56

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         (1)  To obtain the most effective and efficient use of

  2  motor vehicles, watercraft, and aircraft for state purposes.

  3         (2)  To establish and operate central facilities for

  4  the acquisition, disposal, operation, maintenance, repair,

  5  storage, supervision, control, and regulation of all

  6  state-owned or state-leased aircraft and motor vehicles and to

  7  operate any state facilities for those purposes.  Acquisition

  8  may be by purchase, lease, loan, or in any other legal manner.

  9         (3)  In its discretion, to require every state agency

10  to transfer its ownership, custody, and control of every

11  aircraft and motor vehicle, and associated maintenance

12  facilities and equipment, except those used principally for

13  law enforcement or fire control purposes, to the Department of

14  Management Services, including all right, title, interest, and

15  equity therein.

16         (4)  Upon requisition and showing of need, to assign

17  suitable aircraft or motor vehicles, on a temporary (for a

18  period up to and including 1 month) or permanent (for a period

19  from 1 month up to and including 1 full year) basis, to any

20  state agency.

21         (5)  To allocate and charge fees to the state agencies

22  to which aircraft or motor vehicles are furnished, based upon

23  any reasonable criteria.

24         (6)  To adopt and enforce rules and regulations for the

25  efficient and safe use, operation, maintenance, repair, and

26  replacement of all state-owned or state-leased aircraft and

27  motor vehicles and to require the placement of appropriate

28  stickers, decals, or other markings upon the aircraft and

29  motor vehicles of the state.  The department division may

30  delegate to the respective heads of the agencies to which

31

                                  57

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  aircraft and motor vehicles are assigned the duty of enforcing

  2  the rules and regulations adopted by the department division.

  3         (7)  To contract for specialized maintenance services.

  4         (8)  To require any state agency to keep records and

  5  make reports regarding aircraft and motor vehicles to the

  6  department division as may be required. The Department of

  7  Highway Safety and Motor Vehicles may use the reporting system

  8  in effect on October 1, 1983, until July 1, 1984. Beginning

  9  July 1, 1984, the Department of Highway Safety and Motor

10  Vehicles shall use a reporting system approved by the

11  department division. The Support Program division shall assist

12  the Department of Highway Safety and Motor Vehicles in

13  developing or implementing a reporting system prior to July 1,

14  1984, which shall specifically address the needs and

15  requirements of the Support Program division and the

16  Department of Highway Safety and Motor Vehicles.

17         (9)  To establish and operate central facilities to

18  determine the mode of transportation to be used by state

19  employees traveling on official state business and to schedule

20  and coordinate use of state-owned or state-leased aircraft and

21  passenger-carrying vehicles to assure maximum utilization of

22  state aircraft, motor vehicles, and employee time by assuring

23  that employees travel by the most practical and economical

24  mode of travel. The department division shall consider the

25  number of employees making the trip to the same location, the

26  most efficient and economical means of travel considering the

27  time of the employee, transportation cost and subsistence

28  required, the urgency of the trip, and the nature and purpose

29  of the trip.

30

31

                                  58

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         (10)  To provide the Legislature annual reports at the

  2  end of each calendar year concerning the utilization of all

  3  aircraft in the executive pool and special purpose aircraft.

  4         Section 42.  Section 287.18, Florida Statutes, is

  5  amended to read:

  6         287.18  Repair and service of motor vehicles and

  7  aircraft.--The Secretary of Management Services or his or her

  8  designee director of the Division of Motor Pool may require a

  9  department or any state agency having facilities for the

10  repair of aircraft or motor vehicles and for the storage and

11  distribution of gasoline and other petroleum products to

12  repair aircraft and motor vehicles and to furnish gasoline and

13  other petroleum products to any other department or agency and

14  shall compensate for the cost of such services and products.

15         Section 43.  Subsections (5) and (12) of section

16  365.171, Florida Statutes, are amended to read:

17         365.171  Emergency telephone number "911."--

18         (5)  SYSTEM DIRECTOR.--The secretary of the department

19  or his or her designee director of the division is designated

20  as the director of the statewide emergency telephone number

21  "911" system and, for the purpose of carrying out the

22  provisions of this section, is authorized to coordinate the

23  activities of the system with state, county, local, and

24  private agencies.  The director is authorized to employ not

25  less than five persons, three of whom will be at the

26  professional level, one at the secretarial level, and one to

27  fill a fiscal position, for the purpose of carrying out the

28  provisions of this section.  The director in implementing the

29  system shall consult, cooperate, and coordinate with local law

30  enforcement agencies.

31

                                  59

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         (12)  FEDERAL ASSISTANCE.--The secretary of the

  2  department or his or her designee may director of the division

  3  is authorized to apply for and accept federal funding

  4  assistance in the development and implementation of a

  5  statewide emergency telephone number "911" system.

  6         Section 44.  Section 401.021, Florida Statutes, is

  7  amended to read:

  8         401.021  System director.--The Secretary of Management

  9  Services or his or her designee director of the Division of

10  Communications is designated as the director of the statewide

11  telecommunications system of the regional emergency medical

12  service and, for the purpose of carrying out the provisions of

13  this part, is authorized to coordinate the activities of the

14  telecommunications system with other interested state, county,

15  local, and private agencies.

16         Section 45.  Section 401.027, Florida Statutes, is

17  amended to read:

18         401.027  Federal assistance.--The Secretary of

19  Management Services or his or her designee director of the

20  Division of Communications is authorized to apply for and

21  accept federal funding assistance in the development and

22  implementation of a statewide emergency medical

23  telecommunications system.

24         Section 46.  Subsection (3) of section 446.045, Florida

25  Statutes, is amended to read:

26         446.045  State Apprenticeship Council.--

27         (3)  The State Apprenticeship Council is repealed on

28  October 1, 2008 1998, and shall be reviewed by the Legislature

29  prior to that date pursuant to the Sundown Act.

30         Section 47.  Subsection (1) of section 446.604, Florida

31  Statutes, is amended to read:

                                  60

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1         446.604  One-Stop Career Centers.--

  2         (1)  The Department of Management Services shall

  3  coordinate among the agencies a plan for a One-Stop Career

  4  Center Electronic Network made up of One-Stop Career Centers

  5  that are operated by the Department of Labor and Employment

  6  Security, the Department of Health and Rehabilitative

  7  Services, the Department of Education, and other authorized

  8  public or private for-profit or not-for-profit agents.  The

  9  plan shall identify resources within existing revenues to

10  establish and support such electronic network for service

11  delivery that includes Government Services Direct the Florida

12  Communities Network.

13         Section 48.  Paragraph (e) of subsection (3) of section

14  447.208, Florida Statutes, is amended to read:

15         447.208  Procedure with respect to certain appeals

16  under s. 447.207.--

17         (3)  With respect to hearings relating to demotions,

18  suspensions, or dismissals pursuant to the provisions of this

19  section:

20         (e)  Any order of the commission issued pursuant to

21  this subsection may include back pay, if applicable, and an

22  amount, to be determined by the commission and paid by the

23  agency, for reasonable attorney's fees, witness fees, and

24  other out-of-pocket expenses incurred during the prosecution

25  of an appeal against an agency in which the commission

26  sustains the employee. In determining the amount of an

27  attorney's fee, the commission shall consider only the number

28  of hours reasonably spent on the appeal, comparing the number

29  of hours spent on similar Career Service System appeals and

30  the reasonable hourly rate charged in the geographic area for

31  similar appeals, but not including litigation over the amount

                                  61

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4149

    192-978-98






  1  of the attorney's fee. This paragraph applies to future and

  2  pending cases.

  3         Section 49.  Sections 110.407 and 110.607, Florida

  4  Statutes, are repealed.

  5         Section 50.  This act shall take effect upon becoming a

  6  law.

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  62