House Bill 4149e1

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                                       CS/HB 4149, First Engrossed



  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;


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                                       CS/HB 4149, First Engrossed



  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


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                                       CS/HB 4149, First Engrossed



  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


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                                       CS/HB 4149, First Engrossed



  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


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                                       CS/HB 4149, First Engrossed



  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; creating s. 110.1082, F.S.; prohibiting

  6         state employees from utilizing a voice mail

  7         system under certain circumstances; providing

  8         certain requirements with respect to telephone

  9         menu options; providing for compliance;

10         amending s. 20.055, F.S.; requiring a report

11         from agency heads on employee use of state

12         motor vehicles; amending s. 287.151, F.S.;

13         revising purchasing requirements for state

14         motor vehicles used by state attorneys and

15         public defenders; amending s. 287.16, F.S.,

16         relating to the powers of the Division of Motor

17         Pool of the Department of Management Services;

18         removing the power to require transfer of

19         ownership, custody, or control of aircraft and

20         motor vehicles used principally for state fire

21         marshal purposes; requiring a report on

22         break-even mileage to be submitted biennially

23         to agency inspectors general; amending s.

24         287.17, F.S.; providing definitions; providing

25         criteria to be followed by an agency head in

26         assigning a state-owned motor vehicle to an

27         employee; providing an effective date.

28

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

30

31


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                                       CS/HB 4149, First Engrossed



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

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

  3  amended to read:

  4         20.22  Department of Management Services.--There is

  5  created a Department of Management Services.

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

  7  Labor Relations shall be determined by the Secretary of

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

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

10  in collective bargaining negotiations pursuant to the

11  provisions of chapter 447.

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

13  created within the Division of State Group Insurance for the

14  purpose of providing joint and coordinated oversight of the

15  operation and administration of the state group insurance

16  program.  The council shall consist of the state budget

17  director; an individual from the private sector with an

18  extensive health administration background, appointed by the

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

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

21  Representatives, appointed by the Speaker of the House of

22  Representatives; a representative of the State University

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

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

25  Retirement; and two representatives of employees and retirees,

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

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

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

29  successor is appointed. Additionally, The director of the

30  Division of State Group Employee Insurance shall not be a

31  nonvoting member of the council, but shall assume


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                                       CS/HB 4149, First Engrossed



  1  responsibility for ensuring provision of administrative,

  2  analytical, and technical support to the council.

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

  4  Group Insurance for administrative and fiscal accountability

  5  purposes, but the council and its staff shall otherwise

  6  function independently of the control and direction of the

  7  division. The division of State Group Insurance shall furnish

  8  dedicated administrative and secretarial assistance to the

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

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

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

12  Insurance and is specifically prohibited from taking part in:

13         1.  The awarding or termination of contracts.

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

15  prequalification of any individual consultant or contractor.

16  However, the council may recommend to the director standards

17  and policies governing the procedure for selection and

18  prequalification of consultants and contractors.

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

20  transfer, or discharge of any division personnel.

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

22  any license or permit issued by the division.

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

24  Statutes, is amended to read:

25         110.109  Productivity improvement and personnel audits

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

27  responsible for conducting personnel audits of all executive

28  branch agencies, except the State University System, to

29  provide as follows:

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

31  the personnel programs of the state agencies on a continuing


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                                       CS/HB 4149, First Engrossed



  1  and regular basis to ensure the agencies' compliance with

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

  3  department shall be submitted to the Governor, the President

  4  of the Senate, the Speaker of the House of Representatives,

  5  and the Auditor General.

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

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

  8  section, to read:

  9         110.1099  Education and training opportunities for

10  state employees.--

11         (5)  The Department of Management Services, in

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

13  Florida's public postsecondary educational institutions, shall

14  adopt rules to implement and administer this section.

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

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

17  an employee to enter into an agreement that requires the

18  employee to reimburse the agency or judicial branch the

19  registration fee or similar expense for any training or

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

21  exceeds $1,000 if the employee voluntarily terminates

22  employment or is discharged for cause from the agency or

23  judicial branch within a specified period of time not

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

25  subsection does not apply to any training program that an

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

27  An agency or the judicial branch may pay the outstanding

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

29  this subsection in connection with recruitment and hiring of

30  such state employee.

31


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                                       CS/HB 4149, First Engrossed



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

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

  3  amended to read:

  4         110.112  Affirmative action; equal employment

  5  opportunity.--

  6         (2)

  7         (d)  The department shall report information in its

  8  annual workforce report relating to annually to the Governor

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

10  each executive agency's affirmative action plan for the

11  previous fiscal year.

12         (6)  The department shall review and audit executive

13  agency actions in carrying out the rules adopted by the

14  department pursuant to this section and shall submit postaudit

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

16  Speaker of the House of Representatives, and the Auditor

17  General.

18         Section 5.  Section 110.1165, Florida Statutes, is

19  amended to read:

20         110.1165  Executive branch personnel errors.--

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

22  State University System, shall establish procedures for the

23  receipt, consideration, and disposition of a claim regarding

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

25  damaged as a result of being provided with erroneous written

26  information by the employing agency regarding his or her pay

27  or benefits, and the employee detrimentally relies upon such

28  written information. In order to qualify for the relief

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

30  representation must have been reasonable and based only upon

31  the written representations made by those persons authorized


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                                       CS/HB 4149, First Engrossed



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

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

  3  wages, or benefits is not among the written representations

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

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

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

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

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

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

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

11  section.

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

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

14  may be appropriate to provide a remedy for an employee

15  concerning his or her claim regarding detrimental reliance on

16  erroneous written information provided by the employing agency

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

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

19  authority whatsoever to modify the state retirement system or

20  the state insurance program.  Any monetary remedy afforded by

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

22  Any person dissatisfied with the outcome of this process may

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

24  grievance process or an appeal to the Division of

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

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

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

28  overtime pay, fringe benefits, or damages or penalties

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

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

31  time limit applies in all disputes over compensation for work


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                                       CS/HB 4149, First Engrossed



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

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

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

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

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

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

  7  to that section, to read:

  8         110.123  State group insurance program.--

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

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

11  Services.

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

13  Insurance in the department.

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

15  retired state officers and employees, and surviving spouses of

16  deceased state officers and employees, and terminated

17  employees or individuals with continuation coverage who are

18  enrolled in an insurance plan offered by the state group

19  insurance program.

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

21  employees of all branches or agencies of state government

22  holding salaried positions and paid by state warrant or from

23  agency funds, and employees paid from regular salary

24  appropriations for 8 months' employment, including university

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

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

27  other-personal-services (OPS) funds.

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

29  an entity certified under part I of chapter 641.

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

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


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                                       CS/HB 4149, First Engrossed



  1  health maintenance organization plan under the state group

  2  insurance program, including enrollees and covered dependents

  3  thereof.

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

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

  6  warrant from salary appropriations or from agency funds, and

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

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

  9  seasonal or other type of employment which is less than

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

11  12-month period, but in no case shall "part-time" employee

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

13  funds.

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

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

16  retires under a state retirement system or a state optional

17  annuity or retirement program or is placed on disability

18  retirement, and who was insured under the state group

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

20  receiving retirement benefits immediately after retirement

21  from state office or employment.

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

23  department, or agency of state government.

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

25  maintenance organization under contract with the division to

26  participate in the state group insurance program.

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

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

29  offered to state officers and employees, retired state

30  officers and employees, and surviving spouses of deceased

31  state officers and employees pursuant to this section.


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                                       CS/HB 4149, First Engrossed



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

  2  means the package of insurance plans offered to state officers

  3  and employees, retired state officers and employees, and

  4  surviving spouses of deceased state officers and employees

  5  pursuant to this section, including the state group health

  6  insurance plan, health maintenance organization plans, and

  7  other plans required or authorized by this section.

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

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

10  any appointed state officer who is commissioned by the

11  Governor and who is paid by state warrant.

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

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

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

15  was covered as a dependent under the state group health

16  insurance plan or a health maintenance organization plan

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

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

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

20  eligible to receive a monthly state warrant from a state

21  retirement system as the beneficiary of a state officer,

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

23  1979.  For the purposes of this section, any such widow or

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

25  remarriage.

26         (3)  STATE GROUP INSURANCE PROGRAM.--

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

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

29  a director who shall be appointed by the Governor and

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

31


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                                       CS/HB 4149, First Engrossed



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

  2  all purposes.

  3         1.  The director and assistant director shall be exempt

  4  from the Career Service System as provided under s.

  5  110.205(2)(i) of the state personnel law. In addition to the

  6  20 policymaking positions allocated to the Department of

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

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

  9  Service System a maximum of 10 positions determined by the

10  director to have policymaking or managerial responsibilities

11  comparable to such positions.

12         2.  The Department of Management Services shall provide

13  administrative support and service to the division to the

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

15  subject to control, supervision, or direction by the

16  Department of Management Services in any manner, including,

17  but not limited to, personnel, purchasing, transactions

18  involving real or personal property, and budgetary matters,

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

20  216, 255, 282, and 287 for agencies of the executive branch.

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

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

23  purpose of protecting the health of, and providing medical

24  services to, state employees participating in the state group

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

26  Division of State Group Insurance may contract to retain the

27  services of professional administrators for the state group

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

29  division agency shall follow good purchasing practices of

30  state procurement to the extent practicable under the

31  circumstances.


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                                       CS/HB 4149, First Engrossed



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

  2  vendor if the division deems it necessary to protect the

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

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

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

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

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

  8  under the contract.

  9         3.  Each major contract entered into by the division

10  pursuant to this section shall contain a provision for payment

11  of liquidated damages to the division for material

12  noncompliance by a vendor with a contract provision. The

13  division may require a liquidated damages provision in any

14  contract if the division deems it necessary to protect the

15  state's financial interests.

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

17  division's contracting process, except:

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

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

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

21  intended decision, or other action.

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

23  the division may proceed with the bid selection or contract

24  award process if the director of the division department sets

25  forth, in writing, particular facts and circumstances which

26  demonstrate the necessity of continuing the procurement

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

28  substantial disruption to the provision of any scheduled

29  insurance services.

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

31  group health insurance program plan may be authorized by rules


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                                       CS/HB 4149, First Engrossed



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

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

  3  membership in a health maintenance organization plan which is

  4  under contract with the state in accordance with criteria

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

  6  optional membership in a health maintenance organization plan

  7  permitted by this paragraph may be limited or conditioned by

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

  9  federal laws.

10         2.  The division shall contract with health maintenance

11  organizations to participate in the state group insurance

12  program through a request for proposal based upon a premium

13  and a minimum benefit package as follows:

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

15  participating HMO shall include: physician services; inpatient

16  and outpatient hospital services; emergency medical services,

17  including out-of-area emergency coverage; diagnostic

18  laboratory and diagnostic and therapeutic radiologic services;

19  mental health, alcohol, and chemical dependency treatment

20  services meeting the minimum requirements of state and federal

21  law; skilled nursing facilities and services; prescription

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

23  Additional services may be provided subject to the contract

24  between the division and the HMO.

25         b.  A uniform schedule for deductibles and copayments

26  may be established for all participating HMOs.

27         c.  Based upon the minimum benefit package and

28  copayments and deductibles contained in sub-subparagraphs a.

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

30  all HMOs which are interested in participating in the state

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


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                                       CS/HB 4149, First Engrossed



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

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

  3  for proposal process, the division may require detailed

  4  financial data from each HMO which participates in the bidding

  5  process for the purpose of determining the financial stability

  6  of the HMO.

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

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

  9  contractor's previous experience and expertise in providing

10  prepaid health benefits; each proposed contractor's historical

11  experience in enrolling and providing health care services to

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

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

14  coverage and administrative support services as determined by

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

16  package; accessibility to providers; and the financial

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

18  negotiating regional or statewide contracts with health

19  maintenance organization plans when this is cost-effective and

20  when the division determines the plan has the best overall

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

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

23  Medicare premium exceeds the retiree rate as set by the

24  division for the state group health insurance plan.

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

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

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

28  the service area, or and any unique geographical

29  characteristics of the service area. The division shall

30  establish by rule service areas throughout the state.

31


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                                       CS/HB 4149, First Engrossed



  1         f.  All persons participating in the state group

  2  insurance program who are required to contribute towards a

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

  4  dollar contribution regardless of whether the enrollee enrolls

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

  6         3.  The division is authorized to negotiate and to

  7  contract with specialty psychiatric hospitals for mental

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

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

10  subject to the approval of the Legislature pursuant to

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

12  actuarial study to determine any impact on plan benefits and

13  premiums.

14         4.  In addition to contracting pursuant to subparagraph

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

16  participate in the state group insurance program which:

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

18  basis under the Medicaid program;

19         b.  Does not currently meet the 25 percent

20  non-Medicare/non-Medicaid enrollment composition requirement

21  established by the Department of Health and Human Services

22  excluding participants enrolled in the state group insurance

23  program;

24         c.  Meets the minimum benefit package and copayments

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

26         d.  Is willing to participate in the state group

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

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

29  division in each service area; and

30         e.  Meets the minimum surplus requirements of s.

31  641.225.


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                                       CS/HB 4149, First Engrossed



  1

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

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

  4  open enrollment period for state employees.  The division is

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

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

  7  be eligible to participate in the state group insurance

  8  program only through the request for proposal process

  9  described in subparagraph 2.

10         5.  All enrollees in the state group health insurance

11  plan or any health maintenance organization plan shall have

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

13  offered by the state within any open enrollment period

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

15  least once each calendar year.

16         6.  Any HMO participating in the state group insurance

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

18  division standardized data for the purpose of comparison of

19  the appropriateness, quality, and efficiency of care provided

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

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

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

23  care experience. Requirements and timetables for submission of

24  such standardized data and such other data as the division

25  deems necessary to evaluate the performance of participating

26  HMOs shall be adopted by rule.

27         7.  The division shall, after consultation with

28  representatives from each of the unions representing state and

29  university employees, establish a comprehensive package of

30  insurance benefits including, but not limited to, supplemental

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


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                                       CS/HB 4149, First Engrossed



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

  2  benefit plans which best suit their individual needs.

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

  4  shall issue a request for proposal for health insurance

  5  providers interested in participating in the state group

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

  7  proposal for insurance providers interested in participating

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

  9  insurance program.  Upon receipt of all proposals, the

10  division may enter into contract negotiations with insurance

11  providers submitting bids or negotiate a specially designed

12  benefit package. Insurance providers offering or providing

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

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

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

16  currently enrolled may be included by the division in the

17  supplemental insurance benefit plan established by the

18  division without participating in a request for proposal,

19  submitting bids, negotiating contracts, or negotiating a

20  specially designed benefit package.  These contracts shall

21  provide state employees with the most cost-effective and

22  comprehensive coverage available; however, no state or agency

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

24  premium of such supplemental benefit plans.

25         b.  Pursuant to the applicable provisions of s.

26  110.161, and s. 125 of the Internal Revenue Code of 1986, the

27  division shall enroll in the pretax benefit program those

28  state employees who voluntarily elect coverage in any of the

29  supplemental insurance benefit plans as provided by

30  sub-subparagraph a.

31


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                                       CS/HB 4149, First Engrossed



  1         c.  Nothing herein contained shall be construed to

  2  prohibit insurance providers from continuing to provide or

  3  offer supplemental benefit coverage to state employees as

  4  provided under existing agency plans.

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

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

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

  8  to law enforcement officers, correctional, and correctional

  9  probation officers, and firefighters, legislative

10  authorization through the appropriations act is required for

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

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

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

14  employees shall continue in the respective proportions for up

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

16  granted an approved parental or medical leave of absence

17  without pay.

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

19  the premium shall be made for retirees or surviving spouses

20  for any type of coverage under the state group insurance

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

22  law enforcement officer, correctional officer, or correctional

23  probation officer who is killed or suffers catastrophic injury

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

25  firefighter who is killed or suffers catastrophic injury in

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

27  1, 1980, as a result of an act of violence inflicted by

28  another person while the officer is engaged in the performance

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

30  the officer under riot conditions shall pay the entire premium

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


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                                       CS/HB 4149, First Engrossed



  1  surviving spouse until remarried, and for each dependent child

  2  of the employee subject to the conditions and limitations set

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

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

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

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

  7  dependent upon the employee for support; and

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

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

10  student and is dependent for support.

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

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

13  the state group insurance program.  The division shall

14  initiate and supervise the program as established by this

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

16  its responsibilities.  To implement this program, the division

17  shall, with prior approval by the Legislature:

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

19  contributions to be required for the state group insurance

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

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

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

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

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

25  available for inspection or copying by medical providers or

26  other persons not involved in the administration of the

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

28  program, the division shall consider existing and

29  complementary benefits provided by the Florida Retirement

30  System and the Social Security System.

31


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                                       CS/HB 4149, First Engrossed



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

  2  Insurance, the specifications necessary to implement the

  3  program.

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

  5  insurance carrier or carriers, or professional administrator,

  6  determined by the Department of Insurance to be fully

  7  qualified, financially sound, and capable of meeting all

  8  servicing requirements.  Alternatively, the division may

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

10  insurance program subject to approval based on actuarial

11  soundness by the Department of Insurance.  The division may

12  contract with an insurance company or professional

13  administrator qualified and approved by the Department of

14  Insurance to administer such plan. Before entering into any

15  contract, the division shall advertise for competitive

16  proposals, and such contract shall be let upon the

17  consideration of the benefits provided in relationship to the

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

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

20  entity's previous experience and expertise in administering

21  group insurance programs of the type it proposes to

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

23  contractual obligations in this state and other governmental

24  jurisdictions; the entity's anticipated administrative costs

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

26  provide service coverage and sufficient number of experienced

27  and qualified personnel in the areas of claims processing,

28  recordkeeping, and underwriting, as determined by the

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

30  providers; the financial solvency of the entity, using

31  accepted business sector measures of financial performance.


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                                       CS/HB 4149, First Engrossed



  1  The division may contract for medical services which will

  2  improve the health or reduce medical costs for employees who

  3  participate in the state group insurance plan.

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

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

  6  providers under the plan.

  7         (e)  Have authority to establish a voluntary program

  8  for comprehensive health maintenance, which may include health

  9  educational components and health appraisals.

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

11  carrier or carriers or professional administrator entered into

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

13  held harmless and indemnified for any financial loss caused by

14  the failure of the insurance carrier or professional

15  administrator to comply with the terms of the contract.

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

17  carrier or carriers, or professional administrator entered

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

19  administrator provide written notice to individual enrollees

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

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

22  contract.

23         (h)  Have authority to establish a voluntary group

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

25  pretax contribution basis or on a posttax contribution basis,

26  as the division determines.

27

28  Final decisions concerning enrollment, the existence of

29  coverage, or covered benefits under the state group health

30  insurance program plan shall not be delegated or deemed to

31  have been delegated by the division.


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                                       CS/HB 4149, First Engrossed



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

  2  records and medical claims records of state employees, former

  3  state employees, and their eligible covered dependents in the

  4  custody or control of the state group insurance program are

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

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

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

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

  9  written authorization of the employee or former state

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

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

12  of a subpoena from a court of competent jurisdiction and

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

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

15  seeking such records.

16         Section 7.  Section 110.12315, Florida Statutes, is

17  amended to read:

18         (Substantial rewording of section. See

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

20         110.12315  Prescription drug program.--The state

21  employees' prescription drug program is hereby established.

22  This program shall be administered by the Division of State

23  Group Insurance within the Department of Management Services,

24  according to the terms and conditions of the plan as

25  established by the Division of State Group Insurance and by

26  relevant provisions of the annual General Appropriations Act

27  and implementing legislation, subject to the following

28  conditions:

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

30  prescriptions written by health care providers under the plan

31  to be filled by any licensed pharmacy pursuant to contractual


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                                       CS/HB 4149, First Engrossed



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

  2  shall be construed as prohibiting a mail order prescription

  3  drug program distinct from the service provided by retail

  4  pharmacies.

  5         (2)  In providing for reimbursement of pharmacies for

  6  prescription medicines dispensed to members of the state group

  7  health insurance plan and their dependents under the state

  8  employees' prescription drug program:

  9         (a)  Retail pharmacies participating in the program

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

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

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

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

14  limit for mail order or mail order prescription drug

15  purchases.

16         (c)  The current pharmacy dispensing fee shall remain

17  in effect.

18         (3)  The Division of State Group Insurance shall

19  establish the reimbursement schedule for prescription

20  pharmaceuticals dispensed under the program.  Reimbursement

21  rates for a prescription pharmaceutical shall be based on the

22  cost of the generic equivalent drug if a generic equivalent

23  exists, unless the physician prescribing the pharmaceutical

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

25  medically necessary or that the drug product is included on

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

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

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

29  reimbursement schedule adopted by the Division of State Group

30  Insurance.

31


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                                       CS/HB 4149, First Engrossed



  1         (4)  The Division of State Group Insurance shall

  2  conduct a prescription utilization review program.  In order

  3  to participate in the state employees' prescription drug

  4  program, retail pharmacies dispensing prescription medicines

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

  6  covered dependents, or to subscribers or covered dependents of

  7  a health maintenance organization plan under the state group

  8  insurance program, shall be required to make their records

  9  available for this review.

10         (5)  The Division of State Group Insurance shall

11  implement such additional cost saving measures and adjustments

12  as may be required to balance program funding within

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

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

15  maintenance medication in lieu of acute therapy medication.

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

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

18  eligibility for coverage. The state is not liable for

19  reimbursement of a participating pharmacy for dispensing

20  prescription drugs to any person whose current eligibility for

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

22  administrator or by the Division of State Group Insurance.

23         Section 8.  Section 110.1232, Florida Statutes, is

24  amended to read:

25         110.1232  Health insurance coverage for persons retired

26  under state-administered retirement systems before January 1,

27  1976, and for spouses.--Notwithstanding any provisions of law

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

29  provide health insurance coverage under in the state group

30  Health insurance program Plan for persons who retired prior to

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


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                                       CS/HB 4149, First Engrossed



  1  retirement systems and who are not covered by social security

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

  3  are also not covered by social security.  Such health

  4  insurance coverage shall provide the same benefits as provided

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

  6  110.123. The claims experience of this group shall be

  7  commingled with the claims experience of other members covered

  8  under s. 110.123.

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

10  Statutes, is amended to read:

11         110.1234  Health insurance for retirees under the

12  Florida Retirement System; Medicare supplement and fully

13  insured coverage.--

14         (1)  The Division of State Group Insurance shall

15  solicit competitive bids from state-licensed insurance

16  companies to provide and administer a fully insured Medicare

17  supplement policy for all eligible retirees of a state or

18  local public employer. Such Medicare supplement policy shall

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

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

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

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

23  shall authorize one company to offer the Medicare supplement

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

25  by the retiree.

26         Section 10.  Section 110.1238, Florida Statutes, is

27  amended to read:

28         110.1238  State group health insurance plans; refunds

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

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

31  was overcharged by a health care provider shall receive a


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                                       CS/HB 4149, First Engrossed



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

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

  3         Section 11.  Section 110.1245, Florida Statutes, is

  4  amended to read:

  5         110.1245  Meritorious service awards program.--

  6         (1)  The Department of Management Services shall set

  7  policy, develop procedures, and promote a program of

  8  meritorious service awards, incentives, and recognition to

  9  employees who:

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

11  which will result in increasing productivity, in eliminating

12  or reducing state expenditures or improving operations, or in

13  generating additional revenues, provided such proposals are

14  placed in effect and can be implemented under current

15  statutory authority; or

16         (b)  By their superior accomplishments, make

17  exceptional contributions to the efficiency, economy, or other

18  improvement in the operations of the state government.

19

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

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

22  authority to establish a meritorious service awards program

23  for employees of the judicial branch within the parameters

24  established in this section.  The component of the program

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

26  the Career Service System, the Selected Exempt Service System,

27  and comparable employees within the judicial branch.  The

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

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

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

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


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                                       CS/HB 4149, First Engrossed



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

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

  3  from the appropriation available to the judicial branch or

  4  state agency affected by the award or from any specific

  5  appropriation therefor.  No award granted under the component

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

  7  plus applicable taxes per individual employee. The judicial

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

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

10  not exceed the limits specified in this subsection.  In

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

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

13  other tokens of recognition of meritorious service to an

14  employee eligible for recognition under either component of

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

16  $100 $75 each plus applicable taxes.

17         (2)  The department and the judicial branch shall

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

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

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

21  participation in the meritorious service awards program.  The

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

23  to:

24         (a)  The number of proposals made.

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

26  proposals.

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

28  implementing employee proposals.

29         (d)  Total expenditures incurred by the agency for

30  providing awards to employees for adopted proposals.

31


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                                       CS/HB 4149, First Engrossed



  1         (e)  The number of employees recognized for superior

  2  accomplishments.

  3         (f)  The number of employees recognized for

  4  satisfactory service to the state.

  5         (3)  Each department head is authorized to incur

  6  expenditures to award suitable framed certificates, pins, and

  7  other tokens of recognition to retiring state employees whose

  8  service with the state has been satisfactory, in appreciation

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

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

11         (4)  Each department head is authorized to incur

12  expenditures to award suitable framed certificates, pins, or

13  other tokens of recognition to state employees who have

14  achieved increments of 5 years of satisfactory service in the

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

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

17  each plus applicable taxes.

18         (5)  Each department head is authorized to incur

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

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

21  recognition to any appointed member of a state board or

22  commission whose service to the state has been satisfactory,

23  in appreciation and recognition of such service upon the

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

25  such position.

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

27  110.161, Florida Statutes, are amended to read:

28         110.161  State employees; pretax benefits program.--

29         (5)  The Division of State Group Insurance shall

30  develop rules for the pretax benefits program, which shall

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


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                                       CS/HB 4149, First Engrossed



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

  2  matters deemed necessary by the division department to

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

  4  majority vote of the Administration Commission.

  5         (6)  The Division of State Group Insurance is

  6  authorized to administer the establish a pretax benefits

  7  program established for all employees so that whereby

  8  employees may would receive benefits which are not includable

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

10  pretax benefits program: shall be implemented in phases.

11         (a)  Phase one Shall allow employee contributions to

12  premiums for the state group insurance health program

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

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

15  participate.

16         (b)  Phase two Shall allow employees to voluntarily

17  establish expense reimbursement plans from their salaries on a

18  pretax basis to pay for qualified medical and dependent care

19  expenses, including premiums paid by employees for qualified

20  supplemental insurance.

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

22  premiums through a pretax payroll procedure as used in phase

23  one. The Administration Commission and the Division of State

24  Group Insurance are directed to take all actions necessary to

25  preserve the tax-exempt status of the program.

26         (7)  The Legislature recognizes that a substantial

27  amount of the employer savings realized by the implementation

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

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

30  Contributions Act tax. There is hereby created the Pretax

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


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                                       CS/HB 4149, First Engrossed



  1  Each agency shall transfer to the Pretax Benefits Trust Fund

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

  3  of the implementation of the pretax benefits program

  4  authorized pursuant to this section. Any moneys forfeited

  5  pursuant to employees' salary reduction agreements to

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

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

  8  Pretax Benefits Trust Fund shall be used for the pretax

  9  benefits program, including its administration by the Division

10  of State Group Insurance Department of Management Services or

11  a third-party administrator.

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

13  110.181, Florida Statutes, is amended to read:

14         110.181  Florida State Employees' Charitable

15  Campaign.--

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

17         (b)  The fiscal agent shall withhold the reasonable

18  costs for conducting the campaign and for accounting and

19  distribution to the participating organizations and shall

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

21  percent of gross pledges, for coordinating the campaign in

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

23  year in which the Legislature specifically appropriates to the

24  department its total costs for coordinating the campaign from

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

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

27  reimbursement will be the difference between actual costs and

28  the amount appropriated.

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

30  110.201, Florida Statutes, to read:

31         110.201  Personnel rules, records, and reports.--


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                                       CS/HB 4149, First Engrossed



  1         (5)  The department shall develop a workforce report

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

  3  The report should identify trends for planning and improving

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

  5  shall submit this report annually to the Governor, the

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

  7  Representatives.

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

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

10         110.205  Career service; exemptions.--

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

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

13  no position, except for positions established for a limited

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

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

16         (i)  The appointed secretaries, assistant secretaries,

17  deputy secretaries, and deputy assistant secretaries of all

18  departments; the executive directors, assistant executive

19  directors, deputy executive directors, and deputy assistant

20  executive directors of all departments; and the directors of

21  all divisions and those positions determined by the department

22  to have managerial responsibilities comparable to such

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

24  program directors, assistant program directors, district

25  administrators, deputy district administrators, the Director

26  of Central Operations Services of the Department of Health and

27  Rehabilitative Services, the assistant director of the

28  Division of State Group Insurance and the assistant director

29  of the Division of Retirement of the Department of Management

30  Services, and the State Transportation Planner, State Highway

31  Engineer, State Public Transportation Administrator, district


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                                       CS/HB 4149, First Engrossed



  1  secretaries, district directors of planning and programming,

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

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

  4  Transportation.  Unless otherwise fixed by law, the department

  5  shall set the salary and benefits of these positions in

  6  accordance with the rules of the Senior Management Service.

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

  8  paragraphs of this subsection, each department head may

  9  designate a maximum of 20 policymaking or managerial

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

11  Administration Commission, as being exempt from the Career

12  Service System.  Career service employees who occupy a

13  position designated as a position in the Selected Exempt

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

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

16  exempted by the employing agency.  Unless otherwise fixed by

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

18  positions in accordance with the rules of the Selected Exempt

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

20  that the general counsel, chief Cabinet aide, public

21  information administrator or comparable position for a Cabinet

22  officer, inspector general, or legislative affairs director

23  has both policymaking and managerial responsibilities and if

24  the department determines that any such position has both

25  policymaking and managerial responsibilities, the salary and

26  benefits for each such position shall be established by the

27  department in accordance with the rules of the Senior

28  Management Service. In addition, each department may designate

29  one additional position in the Senior Management Service if

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

31  position in the Senior Management Service and if any


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                                       CS/HB 4149, First Engrossed



  1  additional costs are absorbed from the existing budget of that

  2  department.

  3         2.  If otherwise exempt, employees of the Public

  4  Employees Relations Commission, the Commission on Human

  5  Relations, and the Unemployment Appeals Commission, upon the

  6  certification of their respective commission heads, may be

  7  provided for under this paragraph as members of the Senior

  8  Management Service, if otherwise qualified.  However, the

  9  deputy general counsels of the Public Employees Relations

10  Commission shall be compensated as members of the Selected

11  Exempt Service.

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

13  Statutes, is amended to read:

14         110.235  Training.--

15         (4)  Each employing agency shall annually evaluate and

16  report to the department the training it has implemented and

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

18  department shall review and consolidate the information

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

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

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

22  Representatives.

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

24  Statutes, is amended to read:

25         110.503  Responsibilities of departments and

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

27  volunteers shall:

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

29  offered continuous and outstanding service to

30  state-administered programs. Each department or agency using

31  the services of volunteers is authorized to incur expenditures


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                                       CS/HB 4149, First Engrossed



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

  2  framed certificates, plaques, or other tokens of recognition

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

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

  5  Statutes, is amended to read:

  6         110.504  Volunteer benefits.--

  7         (6)  Incidental recognition benefits or incidental

  8  nonmonetary awards may be furnished to volunteers serving in

  9  state departments to award, recognize, or encourage volunteers

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

11  each plus applicable taxes.

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

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

14  Statutes, are amended to read:

15         112.061  Per diem and travel expenses of public

16  officers, employees, and authorized persons.--

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

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

19  from his or her official headquarters and is therefore unable

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

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

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

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

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

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

26  or his or her designee.

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

28  foregoing restrictions and limitations, an agency head or his

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

30  to cover anticipated costs of travel to travelers.  Such

31  advancements may include the costs of subsistence and travel


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                                       CS/HB 4149, First Engrossed



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

  2  traveler in the performance of his or her duties.

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

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

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

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

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

  8  pay the vendor the actual expenses for meals and lodging

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

10  that authorized pursuant to this section. In emergency

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

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

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

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

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

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

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

18  such cost savings shall be documented in the voucher submitted

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

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

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

22  Legislature or of the Joint Legislative Management Committee.

23         Section 20.  Section 121.025, Florida Statutes, is

24  amended to read:

25         121.025  Administrator; powers and duties.--The

26  director of the Division of Retirement shall be the

27  administrator of the retirement and pension systems assigned

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

29  have the authority to sign the contracts necessary to carry

30  out the duties and responsibilities assigned by law to the

31  Division of Retirement. The director and assistant director


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                                       CS/HB 4149, First Engrossed



  1  shall be exempt from the Career Service System as provided

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

  3  to the 20 policymaking positions allocated to the Department

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

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

  6  Service System a maximum of 10 positions determined by the

  7  director to have policymaking or managerial responsibilities

  8  comparable to such positions.

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

10  Statutes, is amended to read:

11         215.196  Architects Incidental Trust Fund; creation;

12  assessment.--

13         (1)  There is created the Architects Incidental Trust

14  Fund for the purpose of providing sufficient funds for the

15  operation of the facilities development activities of the

16  Department of Management Services Division of Building

17  Construction.

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

19  215.422, Florida Statutes, are amended to read:

20         215.422  Warrants, vouchers, and invoices; processing

21  time limits; dispute resolution; agency or judicial branch

22  compliance.--

23         (5)  All purchasing agreements between a state agency

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

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

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

27  rights shall include being provided with the name and

28  telephone number of the vendor ombudsman within the Department

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

30  on all agency or judicial branch purchase orders.

31


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                                       CS/HB 4149, First Engrossed



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

  2  in the official position description of every officer or

  3  employee who is responsible for the approval or processing of

  4  vendors' invoices or distribution of warrants to vendors that

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

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

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

  8  section and the rules promulgated by the Comptroller.  The

  9  statement shall also acknowledge that the employee understands

10  the approval and processing time limitations and the provision

11  for automatic interest penalty payments.  Each agency and the

12  judicial branch shall certify its compliance with this

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

14  year.

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

16  215.94, Florida Statutes, is amended to read:

17         215.94  Designation, duties, and responsibilities of

18  functional owners.--

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

20  functional owner of the Cooperative Personnel Employment

21  Subsystem.  The department shall design, implement, and

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

23  110.116 and 215.90-215.96.  The subsystem shall include, but

24  shall not be limited to, functions for:

25         (a)  Maintenance of employee and position data,

26  including funding sources and percentages and salary lapse.

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

28  information to meet the payroll system requirements of the

29  Department of Banking and Finance and to meet the employee

30  benefit system requirements of the Division of State Group

31  Employees Insurance in the Department of Management Services.


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                                       CS/HB 4149, First Engrossed



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

  2  216.011, Florida Statutes, is amended to read:

  3         216.011  Definitions.--

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

  5  appropriations acts, legislative budgets, and approved

  6  budgets, each of the following terms has the meaning

  7  indicated:

  8         (v)  "Operating capital outlay" 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.

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

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

18         255.249  Division of Facilities Management;

19  responsibility; department rules.--

20         (2)  The department shall promulgate rules pursuant to

21  chapter 120 providing:

22         (b)  Procedures for soliciting and accepting

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

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

25  proposals received, for exemption from competitive bidding

26  requirements of any lease the purpose of which is the

27  provision of care and living space for persons or emergency

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

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

30  required to be competitively bid.

31


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                                       CS/HB 4149, First Engrossed



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

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

  3  head's designated representative that all criteria for leasing

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

  5  such lease and all supporting documents with the department

  6  for its review and approval as to technical sufficiency.

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

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

  9  amended to read:

10         255.25  Approval required prior to construction or

11  lease of buildings.--

12         (2)

13         (b)  The approval of the Department Division of

14  Facilities Management Services, except for technical

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

16  5,000 3,000 square feet of space within a privately owned

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

18  designated representative has certified compliance with

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

20  255.249(2)(k) and has determined such lease to be in the best

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

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

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

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

25  except for those leases negotiated pursuant to the pilot

26  project for contracted tenant brokers established by the

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

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

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

30  except upon advertisement for and receipt of competitive bids

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


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                                       CS/HB 4149, First Engrossed



  1  Management Services Division of Facilities Management shall

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

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

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

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

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

  7  paragraph does not apply to buildings or facilities of any

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

  9  for persons.

10         (b)  The Department Division of Facilities Management

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

12  3,000 square feet or more of space if such extensions are

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

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

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

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

17  255.249(2)(b).

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

19  decision or intended decision pertaining to a competitive bid

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

21  120.57(3)(b) shall post with the state agency at the time of

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

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

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

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

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

27  administrative hearing in which the action is brought and in

28  any subsequent appellate court proceeding. If the agency

29  prevails after completion of the administrative hearing

30  process and any appellate court proceedings, it shall recover

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


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                                       CS/HB 4149, First Engrossed



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

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

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

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

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

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

  7  of judgment, excluding attorney's fees.

  8         Section 27.  Contracted tenant brokers; pilot

  9  project.--

10         (1)  The Department of Management Services shall

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

12  Orange Counties for a contracted tenant broker to assist state

13  agencies in locating suitable private sector leases. The

14  department shall solicit qualified candidates through the

15  request for proposals process and conduct interviews of

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

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

18  tenant broker shall be paid by the ultimate private sector

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

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

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

22  time for a given property procurement. Except for the

23  exemption from competitive bidding as described in s.

24  255.25(3)(a), Florida Statutes, current leasing procedures

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

26  Brokers shall be required to disclose any conflict of interest

27  and all compensation received from transactions. Brokers'

28  compensation shall be no more than what is customarily found

29  in the marketplace. Contracts between the department and the

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

31  additional year based on a satisfactory performance review.


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                                       CS/HB 4149, First Engrossed



  1  The Department of Management Services is authorized to adopt

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

  3  section.

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

  5  shall endeavor to accomplish the following goals:

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

  7  cost-effective lease procurement process.

  8         (b)  Provide access for agencies to experienced brokers

  9  with knowledge of the local marketplace.

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

11  analysis of all choices.

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

13  deal.

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

15  does not meet the needs of the agency.

16         (f)  Provide that the Department of Management Services

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

18  quality control.

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

20  Management Services shall report to the Legislature on the

21  effectiveness of the pilot project and shall make

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

23  the implementation of the project on a statewide basis.

24         (4)  The pilot project shall stand repealed effective

25  July 1, 2000.

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

27  Statutes, is amended to read:

28         255.257  Energy management plan; buildings occupied by

29  state agencies.--

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

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


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                                       CS/HB 4149, First Engrossed



  1  by the Department Division of Facilities Management Services,

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

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

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

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

  6  energy management plan and the effectiveness of the energy

  7  management program of each of the reporting agencies. The

  8  department division shall advise the various agencies on the

  9  effectiveness of their energy management programs.

10         Section 29.  Section 255.503, Florida Statutes, is

11  amended to read:

12         255.503  Powers of the Department Division of

13  Facilities Management Services.--

14         (1)  The Department Division of Facilities Management

15  Services shall have all the authority necessary to carry out

16  and effectuate the purposes and provisions of this act,

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

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

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

20  accordance with the provisions of this act exclusively for the

21  purpose of paying the expenses of improving, repairing,

22  maintaining, and operating facilities and paying debt service

23  charges in connection with its obligations.

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

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

26  enter into contracts with any political subdivision or agency,

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

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

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

30  such facilities in accordance with this act through the

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


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                                       CS/HB 4149, First Engrossed



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

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

  3  revenue from such facilities to finance the acquisition of

  4  facilities pursuant to the provisions of this act.

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

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

  7  finance the acquisition of facilities pursuant to the

  8  provisions of this act.

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

10  rentals or charges as may be agreed as security for

11  obligations issued under this act and enter into trust

12  agreements or indentures for the benefit of the holders of

13  such obligations.

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

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

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

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

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

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

20  any lesser estate and may be subject to any reasonable

21  reservations.  Any advances or loans received from any source

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

23  loan.

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

25  facilities in the pool in accordance with applicable law.

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

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

28  timing and the amount of available funds and debt service

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

30  for operating reserves, for capitalized interest and moneys

31  not required for immediate disbursement to acquire all or a


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                                       CS/HB 4149, First Engrossed



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

  2  accounts reasonably necessary to carry out the provisions of

  3  this act and to invest in authorized investments any moneys

  4  held in such funds and accounts, provided such investments

  5  will be made on behalf of the Department Division of

  6  Facilities Management Services by the State Board of

  7  Administration or the Treasurer, as appropriate.

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

  9  rendering professional and technical assistance and advice and

10  to engage services of professionals in connection with the

11  acquisition or financing of any facility or the operation and

12  activities of the Department Division of Facilities Management

13  Services, including attorneys, auditors, consultants, and

14  accountants.

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

16  agency or to any political subdivision.

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

18  the provisions of this act.

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

20  carry out the provisions of this act.

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

22  emergency, an agency head has the responsibility for the

23  closing of the affected facilities or portions thereof within

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

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

26  condition that may necessitate the closing of facilities in an

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

28  determine whether the agency offices or facilities or portion

29  thereof under his or her jurisdiction are affected by the

30  emergency and should be closed. The Department of Management

31  Services must approve the closing of any agency facility or


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                                       CS/HB 4149, First Engrossed



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

  2  case of a facility operated by the Department of Management

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

  4  Services has the authority and responsibility to determine

  5  whether agency offices or facilities or any portion thereof

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

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

  8  267.075, Florida Statutes, is amended to read:

  9         267.075  The Grove Advisory Council; creation;

10  membership; purposes.--

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

12  eight members, as follows:

13         1.  Five members shall be private citizens appointed by

14  the Secretary of State.

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

16  Division of Facilities Management of the Department of

17  Management Services or his or her designee.

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

19  Historical Resources of the Department of State.

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

21  Mary Call Darby Collins appointed by the Secretary of State

22  with the advice of the oldest living generation of lineal

23  descendants of Mary Call Darby Collins.

24

25  Of the citizen members, at least one member shall have

26  professional curatorial and museum expertise, one member shall

27  have professional architectural expertise in the preservation

28  of historic buildings, and one member shall have professional

29  landscape expertise. The five citizen members of the council

30  appointed by the Secretary of State and the member of the

31  council who is a direct descendant of Mary Call Darby Collins


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                                       CS/HB 4149, First Engrossed



  1  appointed by the Secretary of State shall be appointed for

  2  staggered 4-year terms. The Secretary of State shall fill the

  3  remainder of unexpired terms for the five citizen members of

  4  the council and the member of the council who is a direct

  5  descendant of Mary Call Darby Collins.

  6         Section 31.  Paragraph (a) of subsection (1) of section

  7  272.18, Florida Statutes, is amended to read:

  8         272.18  Governor's Mansion Commission.--

  9         (1)(a)  There is created within the Department of

10  Management Services a Governor's Mansion Commission to be

11  composed of eight members. Five members shall be private

12  citizens appointed by the Governor and subject to confirmation

13  by the Senate; one member shall be the Secretary Director of

14  the Division of Facilities Management of the Department of

15  Management Services or his or her designee; one member shall

16  be the Director of the Division of Recreation and Parks of the

17  Department of Environmental Protection; and one member shall

18  be designated by the Secretary of State and shall be an

19  employee of the Department of State with curatorial and museum

20  expertise. The Governor shall appoint all citizen members for

21  4-year terms. The Governor shall fill vacancies for the

22  remainder of unexpired terms. The spouse of the Governor or

23  the designated representative of the Governor shall be an ex

24  officio member of the commission but shall have no voting

25  rights except in the case of a tie vote.

26         Section 32.  Section 272.185, Florida Statutes, is

27  amended to read:

28         272.185  Maintenance of Governor's Mansion by

29  Department Division of Facilities Management Services.--

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

31


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                                       CS/HB 4149, First Engrossed



  1         (a)  The Division of Facilities Management of the

  2  Department of Management Services shall maintain all

  3  structures, furnishings, equipment, and grounds of the

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

  5  landscaping of the grounds; the antique furnishings in the

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

  7  articles of furniture, fixtures, and decorative objects used

  8  or displayed in the state rooms shall be maintained pursuant

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

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

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

12  appurtenances thereto with the State Property Insurance Trust

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

14  authorized to purchase any necessary insurance either by a

15  primary insurance contract, excess coverage insurance, or

16  reinsurance to cover the contents of the mansion, whether

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

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

19  provision of s. 287.025.

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

21  contract and be contracted with for work and materials

22  required.

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

24  and accurate inventory of all equipment and furnishings.

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

26  budgetary requirements to the Department of Management

27  Services for its approval and inclusion in legislative budget

28  requests.

29         Section 33.  Section 273.02, Florida Statutes, is

30  amended to read:

31


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                                       CS/HB 4149, First Engrossed



  1         273.02  Record and inventory of certain property.--The

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

  3  fixtures, and other tangible personal property of a

  4  nonconsumable and nonexpendable nature, the value or cost of

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

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

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

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

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

10  item of property which it is practicable to identify by

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

12  General.  Each custodian shall maintain an adequate record of

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

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

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

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

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

18  custody. The inventory shall be compared with the property

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

20  All publicly supported libraries shall be exempt from marking

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

22  The catalog and inventory control records maintained by each

23  publicly supported library shall constitute the property

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

25  $25 or more included in each publicly supported library

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

27  an annual physical inventory.  All books identified by these

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

29  library inventory shall be adjusted accordingly.

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

31  Statutes, is amended to read:


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                                       CS/HB 4149, First Engrossed



  1         273.055  Disposition of state-owned tangible personal

  2  property.--

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

  4  disposition of state-owned tangible personal property or from

  5  any agreement entered into under this chapter must be retained

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

  7  exchange and surplus property and for all necessary operating

  8  expenditures, and are appropriated for those purposes. The

  9  custodian shall maintain records of the accounts into which

10  the money is deposited shall be deposited into the General

11  Revenue Fund.

12         Section 35.  Section 281.07, Florida Statutes, is

13  amended to read:

14         281.07  Rules; Facilities Program Division of Capitol

15  Police; traffic regulation.--

16         (1)  The Department of Management Services shall adopt

17  and promulgate rules to govern the administration, operation,

18  and management of the Facilities Program Division of Capitol

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

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

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

22  out the provisions of ss. 281.02-281.09.

23         (2)  Political subdivisions and municipalities may

24  enact and enforce ordinances on the violation of traffic and

25  parking rules provided in subsection (1).

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

27  282.105, Florida Statutes, to read:

28         282.105  Use of state SUNCOM Network by nonprofit

29  corporations.--

30         (5)  Private, nonprofit elementary and secondary

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


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                                       CS/HB 4149, First Engrossed



  1  basis as public schools, providing these nonpublic schools do

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

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

  4  Statutes, is amended to read:

  5         282.111  Statewide system of regional law enforcement

  6  communications.--

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

  8  designee director of the division is designated as the

  9  director of the statewide system of regional law enforcement

10  communications and, for the purpose of carrying out the

11  provisions of this section, is authorized to coordinate the

12  activities of the system with other interested state agencies

13  and local law enforcement agencies.

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

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

16  Statutes, are amended to read:

17         287.042  Powers, duties, and functions.--The Department

18  of Management Services division shall have the following

19  powers, duties, and functions:

20         (2)

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

22  120.57(3)(c), the department division may proceed with the bid

23  solicitation or contract award process of a term contract bid

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

25  director of the division sets forth in writing particular

26  facts and circumstances which demonstrate that the delay

27  incident to staying the bid process or contract award process

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

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

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

31


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                                       CS/HB 4149, First Engrossed



  1  the contract may be canceled and reawarded to the prevailing

  2  party.

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

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

  5  agencies in acquiring commodities and contractual services,

  6  which shall include, but not be limited to:

  7         (b)  Development of procedures for the releasing of

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

  9  competitive procurements, which procedures shall include, but

10  not be limited to, publication in the Florida Administrative

11  Weekly or on Government Services Direct the Florida

12  Communities Network of notice for requests for proposals at

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

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

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

16  agency may waive the requirement for notice in the Florida

17  Administrative Weekly or on Government Services Direct the

18  Florida Communities Network. Notice of the request for

19  proposals shall be mailed to prospective offerors at least 28

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

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

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

23  submittal of bids. The Minority Business Advocacy and

24  Assistance Office may consult with agencies regarding the

25  development of bid distribution procedures to ensure that

26  maximum distribution is afforded to certified minority

27  business enterprises as defined in s. 288.703.

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

29  287.057, Florida Statutes, is amended to read:

30         287.057  Procurement of commodities or contractual

31  services.--


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                                       CS/HB 4149, First Engrossed



  1         (3)  When the purchase price of commodities or

  2  contractual services exceeds the threshold amount provided in

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

  4  contractual services may be made without receiving competitive

  5  sealed bids or competitive sealed proposals unless:

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

  7  Secretary Department of Management Services or his or her

  8  designee may authorize the Support Program director of the

  9  division to purchase insurance by negotiation, but such

10  purchase shall be made only under conditions most favorable to

11  the public interest.

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

13  287.058, Florida Statutes, is amended to read:

14         287.058  Contract document.--

15         (1)  Every procurement of contractual services in

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

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

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

19  treatment of sick or injured state employees or the providing

20  of other benefits as required by the provisions of chapter

21  440, shall be evidenced by a written agreement embodying all

22  provisions and conditions of the procurement of such services,

23  which provisions and conditions shall, where applicable,

24  include, but shall not be limited to:

25         (c)  A provision allowing unilateral cancellation by

26  the agency for refusal by the contractor to allow public

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

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

29  by the contractor in conjunction with the contract. Further

30  agreements between the contractor, subcontractors, or other

31  parties performing services and receiving state funds, either


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                                       CS/HB 4149, First Engrossed



  1  directly or indirectly, shall also contain a provision

  2  allowing unilateral cancellation by the contractor or by the

  3  agency for refusal by the subcontractor or other party to

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

  5  other such material subject to the provisions of chapter 119

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

  7  conjunction with the contract.

  8

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

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

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

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

13  proposals.  The purchase order shall include an adequate

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

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

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

17  agencies may incorporate the requirements of paragraphs

18  (a)-(f) by reference.

19         Section 41.  Section 287.16, Florida Statutes, is

20  amended to read:

21         287.16  Powers and duties of department division.--The

22  Department of Management Services Division of Motor Pool shall

23  have the following powers, duties, and responsibilities:

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

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

26         (2)  To establish and operate central facilities for

27  the acquisition, disposal, operation, maintenance, repair,

28  storage, supervision, control, and regulation of all

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

30  operate any state facilities for those purposes.  Acquisition

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


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                                       CS/HB 4149, First Engrossed



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

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

  3  aircraft and motor vehicle, and associated maintenance

  4  facilities and equipment, except those used principally for

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

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

  7  equity therein.

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

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

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

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

12  state agency.

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

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

15  any reasonable criteria.

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

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

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

19  motor vehicles and to require the placement of appropriate

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

21  motor vehicles of the state.  The department division may

22  delegate to the respective heads of the agencies to which

23  aircraft and motor vehicles are assigned the duty of enforcing

24  the rules and regulations adopted by the department division.

25         (7)  To contract for specialized maintenance services.

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

27  make reports regarding aircraft and motor vehicles to the

28  department division as may be required. The Department of

29  Highway Safety and Motor Vehicles may use the reporting system

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

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


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                                       CS/HB 4149, First Engrossed



  1  Vehicles shall use a reporting system approved by the

  2  department division. The Support Program division shall assist

  3  the Department of Highway Safety and Motor Vehicles in

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

  5  1984, which shall specifically address the needs and

  6  requirements of the Support Program division and the

  7  Department of Highway Safety and Motor Vehicles.

  8         (9)  To establish and operate central facilities to

  9  determine the mode of transportation to be used by state

10  employees traveling on official state business and to schedule

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

12  passenger-carrying vehicles to assure maximum utilization of

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

14  that employees travel by the most practical and economical

15  mode of travel. The department division shall consider the

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

17  most efficient and economical means of travel considering the

18  time of the employee, transportation cost and subsistence

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

20  of the trip.

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

22  end of each calendar year concerning the utilization of all

23  aircraft in the executive pool and special purpose aircraft.

24         Section 42.  Section 287.18, Florida Statutes, is

25  amended to read:

26         287.18  Repair and service of motor vehicles and

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

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

29  department or any state agency having facilities for the

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

31  distribution of gasoline and other petroleum products to


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                                       CS/HB 4149, First Engrossed



  1  repair aircraft and motor vehicles and to furnish gasoline and

  2  other petroleum products to any other department or agency and

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

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

  5  365.171, Florida Statutes, are amended to read:

  6         365.171  Emergency telephone number "911."--

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

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

  9  as the director of the statewide emergency telephone number

10  "911" system and, for the purpose of carrying out the

11  provisions of this section, is authorized to coordinate the

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

13  private agencies.  The director is authorized to employ not

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

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

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

17  provisions of this section.  The director in implementing the

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

19  enforcement agencies.

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

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

22  is authorized to apply for and accept federal funding

23  assistance in the development and implementation of a

24  statewide emergency telephone number "911" system.

25         Section 44.  Section 401.021, Florida Statutes, is

26  amended to read:

27         401.021  System director.--The Secretary of Management

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

29  Communications is designated as the director of the statewide

30  telecommunications system of the regional emergency medical

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


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                                       CS/HB 4149, First Engrossed



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

  2  telecommunications system with other interested state, county,

  3  local, and private agencies.

  4         Section 45.  Section 401.027, Florida Statutes, is

  5  amended to read:

  6         401.027  Federal assistance.--The Secretary of

  7  Management Services or his or her designee director of the

  8  Division of Communications is authorized to apply for and

  9  accept federal funding assistance in the development and

10  implementation of a statewide emergency medical

11  telecommunications system.

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

13  Statutes, is amended to read:

14         446.045  State Apprenticeship Council.--

15         (3)  The State Apprenticeship Council is repealed on

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

17  prior to that date pursuant to the Sundown Act.

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

19  Statutes, is amended to read:

20         446.604  One-Stop Career Centers.--

21         (1)  The Department of Management Services shall

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

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

24  that are operated by the Department of Labor and Employment

25  Security, the Department of Health and Rehabilitative

26  Services, the Department of Education, and other authorized

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

28  plan shall identify resources within existing revenues to

29  establish and support such electronic network for service

30  delivery that includes Government Services Direct the Florida

31  Communities Network.


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                                       CS/HB 4149, First Engrossed



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

  2  447.208, Florida Statutes, is amended to read:

  3         447.208  Procedure with respect to certain appeals

  4  under s. 447.207.--

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

  6  suspensions, or dismissals pursuant to the provisions of this

  7  section:

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

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

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

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

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

13  of an appeal against an agency in which the commission

14  sustains the employee. In determining the amount of an

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

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

17  of hours spent on similar Career Service System appeals and

18  the reasonable hourly rate charged in the geographic area for

19  similar appeals, but not including litigation over the amount

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

21  pending cases.

22         Section 49.  Sections 110.407 and 110.607, Florida

23  Statutes, are repealed.

24         Section 50.  Section 110.1082, Florida Statutes, is

25  created to read:

26         110.1082  Telephone voice mail systems and telephone

27  menu options systems.--

28         (1)  No state employee shall utilize a voice mail

29  system when the employee is at his or her regularly assigned

30  work station where his or her telephone is functional and

31  available for use, unless such voice mail system alerts the


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                                       CS/HB 4149, First Engrossed



  1  caller to, and provides the caller with access to a

  2  nonelectronic attendant, or automatically transfers the caller

  3  to a nonelectronic attendant.

  4         (2)  Telephone menu options systems used by state

  5  agencies, departments, or other state government units, will

  6  alert the caller to, and provide the caller with access to a

  7  nonelectronic attendant.

  8         (3)  Agency heads will ensure compliance with the

  9  provisions of this section.

10         Section 51.  Subsection (9) is added to section 20.055,

11  Florida Statutes, to read:

12         20.055  Agency inspectors general.--

13         (9)  Each state agency's head shall, by December 31,

14  2000, conduct a review of motor vehicle utilization with

15  oversight from the agency's inspector general. This review

16  shall consist of two parts. The first part of the review shall

17  determine the number of miles that each assigned motor vehicle

18  has been driven on official state business in the past fiscal

19  year. Commuting mileage shall be excluded from calculating

20  vehicle use. The purpose of this review is to determine

21  whether employees with assigned motor vehicles are driving the

22  vehicles a sufficient number of miles to warrant continued

23  vehicle assignment. The second part of the review shall

24  identify employees who have driven personal vehicles

25  extensively on state business in the past fiscal year. The

26  purpose of this review is to determine whether it would be

27  cost-effective to provide state motor vehicles to such

28  employees. In making this determination, the inspector general

29  shall use the break-even mileage criteria developed by the

30  Department of Management Services. A copy of the review shall

31


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                                       CS/HB 4149, First Engrossed



  1  be presented to the Office of Program Policy Analysis and

  2  Government Accountability.

  3         Section 52.  Subsection (1) of section 287.151, Florida

  4  Statutes, is amended to read:

  5         287.151  Limitation on classes of motor vehicles

  6  procured.--

  7         (1)  All motor vehicles purchased or leased by the

  8  state with funds provided in the General Appropriations Act

  9  shall be of the subcompact class except vehicles used for law

10  enforcement purposes by law enforcement officers of the state,

11  used as tow vehicles, routinely used to transport more than

12  three adults or bulk materials, or vehicles operated

13  frequently on unpaved roads. All vehicles purchased shall be

14  of the smallest class that can safely and adequately meet the

15  transportation requirements.  The exception from the

16  subcompact vehicle requirement for law enforcement purposes

17  shall not apply to state attorneys and public defenders.

18         Section 53.  Subsection (3) of section 287.16, Florida

19  Statutes, is amended, and subsection (11) is added to that

20  section, to read:

21         287.16  Powers and duties of division.--The Division of

22  Motor Pool shall have the following powers, duties, and

23  responsibilities:

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

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

26  aircraft and motor vehicle, and associated maintenance

27  facilities and equipment, except those used principally for

28  law enforcement, state fire marshal, or fire control purposes,

29  to the Department of Management Services, including all right,

30  title, interest, and equity therein.

31


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                                       CS/HB 4149, First Engrossed



  1         (11)  To calculate biennially the break-even mileage at

  2  which it becomes cost-effective for the state to provide

  3  assigned motor vehicles to employees. The division shall

  4  provide the information to agency heads and agency inspectors

  5  general to assist them in meeting the reporting requirements

  6  of s. 20.055.

  7         Section 54.  Section 287.17, Florida Statutes, is

  8  amended to read:

  9         287.17  Limitation on use of motor vehicles and

10  aircraft.--

11         (1)  The aircraft and motor vehicles owned, leased, or

12  operated by any state agency, as defined in s. 287.012, shall

13  be available for official state business only as authorized by

14  agency heads, as defined in s. 287.012.

15         (2)  The following criteria shall be considered in

16  determining appropriate uses of motor vehicles and aircraft:

17         (a)  Whether the use of a motor vehicle or aircraft is

18  necessary to carry out state official or employee job

19  assignments.

20         (b)  Whether the use of a motor vehicle or aircraft is

21  for transporting an employee, state official, or other person

22  authorized by the agency head for purposes of conducting

23  official state business or for purposes of performing services

24  for the state.

25         (c)  Whether the Department of Law Enforcement has been

26  directed by the agency head to provide security or

27  transportation pursuant to s. 281.20.

28         (d)  Whether an emergency exists requiring the use of a

29  motor vehicle or aircraft for the protection of life or

30  property.

31


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                                       CS/HB 4149, First Engrossed



  1         (3)  The term "official state business" may not be

  2  construed to permit the use of a motor vehicle or aircraft for

  3  personal business or commuting purposes, unless special

  4  assignment of a motor vehicle is authorized as a perquisite by

  5  the Department of Management Services, required by an employee

  6  after normal duty hours to perform duties of the position to

  7  which assigned, or authorized for an employee whose home is

  8  the official base of operation.

  9         (4)  An agency head, as defined in s. 287.012, shall

10  comply with the following criteria for the special assignment

11  of motor vehicles:

12         (a)  An agency head may assign a motor vehicle to a

13  state officer or employee only if the officer or employee is

14  projected to drive the motor vehicle a minimum of 10,000 miles

15  annually on official state business, unless an agency head

16  annually provides written justification for the need of the

17  assignment of a motor vehicle. Commuting mileage incidental to

18  use of the motor vehicle on official state business shall be

19  excluded from calculating the projected mileage. Priority in

20  assigning motor vehicles shall be given to those employees who

21  drive over 15,000 miles annually on state business.

22         (b)  An agency head may assign motor vehicles to state

23  officers and employees who perform duties related to law

24  enforcement. However, the agency head shall not assign a

25  pursuit motor vehicle to an officer or employee whose job

26  duties do not routinely require performance of a patrol or law

27  enforcement function requiring a pursuit vehicle.

28         (5)(4)  A person who is not otherwise authorized in

29  this section may accompany the Governor, the Lieutenant

30  Governor, a member of the Cabinet, the President of the

31  Senate, the Speaker of the House of Representatives, or the


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






                                       CS/HB 4149, First Engrossed



  1  Chief Justice of the Supreme Court when such official is

  2  traveling on state aircraft for official state business and

  3  the aircraft is traveling with seats available.

  4  Transportation of a person accompanying any official specified

  5  in this subsection shall be approved by the official, who

  6  shall also guarantee payment of the transportation charges.

  7  When the person accompanying such official is not traveling on

  8  official state business as provided in this section, the

  9  transportation charge shall be a prorated share of all fixed

10  and variable expenses related to the ownership, operation, and

11  use of such state aircraft.  The spouse of any official

12  specified in this subsection may, without payment of

13  transportation charges, accompany the official when such

14  official is traveling for official state business and the

15  aircraft has seats available.

16         (6)(5)  It is the intention of the Legislature that

17  persons traveling on state aircraft for purposes consistent

18  with, but not necessarily constituting, official state

19  business may travel only when accompanying persons who are

20  traveling on official state business and that such persons

21  shall pay the state for all costs associated with such travel.

22  A person traveling on state aircraft for purposes other than

23  official state business shall pay for any trip not exclusively

24  for state business by paying a prorated share of all fixed and

25  variable expenses related to the ownership, operation, and use

26  of such aircraft.

27         Section 55.  This act shall take effect upon becoming a

28  law.

29

30

31


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