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





                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 1                                 .
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Posey offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  (1)  The Department of Management Services

18  shall establish and maintain a central database to record and

19  maintain all state-approved or reimbursed travel, including

20  information related to each employee's origination and

21  destination and any other information considered necessary by

22  the department. The department may contract with an outside

23  firm for the creation or maintenance of the database and may

24  expend funds to develop, maintain, and improve the database.

25  On January 1, 2001, and annually thereafter, the department

26  shall furnish to the Legislature and the Governor a summary of

27  all state travel and any recommendations for approving the

28  efficiency or cost of that travel.

29         (2)  The Comptroller shall establish object class codes

30  that uniquely identify expenditures related to payments for

31  air travel, car rental, and motel or hotel accommodations. All

                                  1

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  state agency personnel, including the State University System,

 2  cabinet officers and the Legislature must use their state

 3  purchasing card, if issued, and the object codes when

 4  requesting payments for the travel expenditures specified in

 5  this subsection. The Comptroller shall report expenditures

 6  made by state entities not less frequently than annually to

 7  the Department of Management Services, or at other times as

 8  necessary for contract negotiations and other management

 9  needs.

10         Section 2.  The Department of Management Services may

11  contract with an eligible air carrier for jet service or other

12  service approved by the department to guarantee a number of

13  seats or minimum revenue per departure or other incentive

14  necessary to improve air service into Tallahassee beginning

15  July 1, 2000. The department may expend funds for the purposes

16  authorized by this section only to the extent necessary to

17  match any public or private local funds.

18         Section 3.  There are established two full time

19  positions in the Department of Banking and Finance and the sum

20  of $90,000 is appropriated from recurring General Revenue Fund

21  to the Department of Banking and Finance to implement the

22  provisions of this act during the 2000-2001 fiscal year.

23         Section 4.  Legislative intent; Small and Minority

24  Business Surety Program; eligibility; report; default.--

25         (1)  It is the intent of the state to meaningfully

26  assist socially and economically disadvantaged business

27  enterprises through a program that will provide for

28  contracting opportunities and financial assistance in the form

29  of performance, labor, and material bond guarantees, to

30  primarily remedy the effects of past economic disparity.

31         (2)  There is established a Small and Minority Business

                                  2

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  Surety Program. The program shall provide participants who are

 2  licensed contractors who desire to compete for state

 3  construction projects, with a bond guarantee.

 4         (3)  The Minority Business Advocacy and Assistance

 5  Office shall be responsible for developing a plan to implement

 6  the Small and Minority Business Surety Program, which shall

 7  include a market assistance plan, an education and application

 8  assistance program, and any other elements designed to assist

 9  small and minority businesses obtain surety bonding coverage

10  from the private volunteer market.

11         (4)  To be eligible for the bond guarantee provided

12  herein, the contractor must have met all of the following

13  conditions:

14         (a)  Be a certified small and/or minority business

15  enterprise in accordance with chapter 287, Florida Statutes.

16         (b)  Be prequalified pursuant to the rules of the

17  contracting agency.

18         (c)  Have applied for a surety bond through the private

19  sector.

20         (5)  The state will guarantee up to 65 percent of a

21  contract amount on contracts up to $1 million, to allow such

22  participants to meet bond requirements for state construction

23  projects, which bonds are provided by an approved surety and

24  which bonds are issued pursuant to s. 255.05, Florida

25  Statutes. The contracting department shall retain 5 percent of

26  the total contract amount designated to the small or minority

27  business until final acceptance of the project, in order to

28  receive a bond guarantee.

29         (6)  Annually, the head of the department is required

30  to report the progress of this program to the President of the

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

                                  3

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  Governor. The report shall include, at a minimum, the number

 2  of users of the bond guarantee plan along with the number of

 3  defaults and dollars loss to the state.

 4         (7)  Any participant of the Small and Minority Business

 5  Surety Program who defaults on a construction contract shall

 6  not participate in the program for at last 3 consecutive years

 7  following the default.

 8         Section 5.  The sum of $1,000,000 is hereby

 9  appropriated from the Insurance Commissioner's Regulatory

10  Trust Fund for the purpose of providing a bond guarantee to

11  contractors that meet the eligibility criteria provided

12  herein.

13         Section 6.  Paragraphs (a) and (b) of subsection (3) of

14  section 255.25, Florida Statutes, are amended, paragraph (c)

15  of said subsection is redesignated as paragraph (d), and a new

16  paragraph (c) is added to said subsection, and subsection (12)

17  is added to said section, to read:

18         255.25  Approval required prior to construction or

19  lease of buildings.--

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

21  except for those leases negotiated pursuant to the pilot

22  project established by the Department of Management Services

23  herein, no state agency shall enter into a lease as lessee for

24  the use of 5,000 square feet or more of space in a privately

25  owned building except upon advertisement for and receipt of

26  competitive bids and award to the lowest and best bidder.  The

27  Department of Management Services shall have the authority to

28  approve a lease for 5,000 square feet or more of space that

29  covers more than 1 fiscal year, subject to the provisions of

30  ss. 216.311, 255.2501, 255.2502, and 255.2503, if such lease

31  is, in the judgment of the department, in the best interests

                                  4

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  of the state. This paragraph does not apply to buildings or

 2  facilities of any size leased for the purpose of providing

 3  care and living space for persons.

 4         (b)  The Department of Management Services may approve

 5  extensions of an existing lease of 5,000 square feet or more

 6  of space if such extensions are determined to be in the best

 7  interests of the state, but in no case shall the total of such

 8  extensions exceed 11 months.  If at the end of the 11th month

 9  an agency still needs such space, it shall be procured by

10  competitive bid in accordance with s. 255.249(2)(b) or if an

11  agency determines that it is in its best interest to remain in

12  the space it currently occupies, the agency may negotiate a

13  replacement lease with the lessor if an independent market

14  analysis demonstrates that the rates offered are within market

15  rates for the space offered, and if the cost of the new lease

16  does not exceed the cost of a comparable lease plus documented

17  moving costs.  A present value analysis and the consumer price

18  index shall be used in the calculation of lease costs.  The

19  term of the replacement lease shall not exceed the base term

20  of the expiring lease.

21         (c)  Any agency proposing to enter into a lease for

22  office space in an area designated as part of the Front Porch

23  Florida Initiative, or Community Redevelopment Agency (CRA)

24  may, with the prior approval of the Department of Management

25  Services, directly negotiate with a building owner for leased

26  space within such area without the competitive bid requirement

27  of subsection (3)(a).

28         (12)(a)  The Department of Management Services shall

29  undertake a pilot project in Hillsborough, Leon, Broward,

30  Orange, and Seminole Counties for a contracted tenant broker

31  to assist state agencies in locating suitable private sector

                                  5

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  leases.  The department shall solicit qualified candidates

 2  through the request for proposals process and conduct

 3  interviews of finalists.  The tenant broker shall be under

 4  contract to the department, but all fees or commissions to be

 5  paid to the tenant broker shall be paid by the ultimate

 6  private sector lessor.  The department shall select a tenant

 7  broker in each county in the pilot project.  Agencies may

 8  employ the services of the broker in any such county for a

 9  specified period of time for a given property procurement.

10  Except for the exemption from competitive bidding described in

11  subsection (3)(a) current leasing procedures would remain in

12  effect, including the zone rate guidelines.  Brokers shall be

13  required to disclose any conflict of interest and all

14  compensation received from transactions.  Brokers'

15  compensation shall be no more than what is customarily found

16  in the marketplace.  Contracts between the department and the

17  broker shall be for a term of 1 year, renewable for an

18  additional year based on a satisfactory performance review.

19  The Department of Management Services is authorized to adopt

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

21  section.

22         (b)  In designing the pilot project, the department

23  shall endeavor to accomplish the following goals:

24         1.  Provide for a faster, more efficient, and

25  cost-effective lease procurement process.

26         2.  Provide access for agencies to experienced brokers

27  with knowledge of the local marketplace.

28         3.  Provide a documented, professional cost-benefit

29  analysis of all choices.

30         4.  Provide for the ability to negotiate the best deal.

31         5.  Provide the ability to reject any proposal which

                                  6

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  does not meet the needs of the agency.

 2         6.  Provide that the Department of Management Services

 3  shall have the final review and approval of all leases to

 4  ensure quality control.

 5         (c)  On or before July 1, 2002, the Department of

 6  Management Services shall report to the Legislature on the

 7  effectiveness of the pilot project and shall make

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

 9  the implementation of the project on a statewide basis.

10         (d)  The pilot project shall stand repealed effective

11  July 1, 2002.

12         Section 7.  Subsection (1) of section 255.2501, Florida

13  Statutes, is amended to read:

14         255.2501  Lease of space financed with local government

15  obligations.--

16         (1)  Except when specifically authorized by the

17  Appropriations Act, no executive agency, department, public

18  officer or employee shall enter any contract on behalf of the

19  state, the term of which contract is more than 5 years,

20  including any and all renewal periods and including any and

21  all leases which constitute a series of leases, for the lease,

22  lease-purchase, sale-leaseback, purchase, or rental of any

23  office space, building, real property and improvements

24  thereto, or any other fixed capital outlay project, any of

25  which is, or is to be, or during the term of any lease entered

26  into pursuant to s. 255.25, becomes financed with local

27  government obligations of any type.

28         Section 8.  Section 272.161, Florida Statutes, is

29  amended to read:

30         272.161  Rental of reserved parking spaces.--

31         (1)(a)  The Department of Management Services may

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  assign a reserved or permit parking space to any state

 2  employee, qualified state employee car pool, provider of

 3  essential services to the state, or state agency for

 4  reassignment to its employees.  Any state agency assigned a

 5  reserved or permit parking space shall charge the user of such

 6  space, except a qualified state employee car pool, a fee in

 7  accordance with guidelines established by the department.

 8         (b)  Any state agency assigned a reserved or permit

 9  parking space which is not rented for a period of 30 7

10  consecutive days shall return such space to the department for

11  reassignment.  All state agencies assigned reserved or permit

12  parking spaces shall assure the timely payment of assessed

13  rent to the department.

14         (c)  Assignments of reserved or permit parking spaces

15  shall be limited to the amount of available parking under the

16  supervision of the department. Preference in the assignment of

17  reserved parking spaces shall be given qualified state

18  employee car pools.  A state agency, employee, state employee

19  car pool, or provider of essential services may request a

20  reserved or permit parking space in a manner prescribed by the

21  department.

22         (d)  The Auditor General shall conduct an audit of

23  state employee parking in non-state-owned parking lots and

24  shall make a recommendation to the Legislature before the 1986

25  session, for an equitable ratesetting mechanism to ensure that

26  state employees, who, by job description, are required to own

27  an automobile as a condition of employment, are not subjected

28  to higher parking rates than the average rate for employees in

29  state-owned parking facilities.

30         (2)  All employee parking fees shall be payable by the

31  payroll deduction plan, periodically according to the

                                  8

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  employee's pay schedule, to the Department of Management

 2  Services or to the contracting agency.

 3         (3)  All fees collected by the Department of Management

 4  Services under the provisions of this section shall be

 5  deposited in the Supervision Trust Fund. The department shall

 6  account for the revenues and expenditures related to the paid

 7  parking program in compliance with the provisions of s.

 8  215.32(2)(b). The revenues collected from parking fees shall

 9  be used for the maintenance, minor construction, enforcement,

10  security, and administration of parking facilities and

11  programs.

12         (4)  The Department of Management Services shall adopt

13  such rules as are necessary to carry out the purposes of this

14  section.  The department shall establish guidelines for

15  qualifying as a state employee car pool and for the

16  preferential assignment of reserved spaces to car pools.

17         (5)  The Department of Management Services shall

18  establish fees on all state-owned reserved parking facilities

19  under the jurisdiction of the department spaces, except those

20  assigned to qualified state employee car pools, under the

21  jurisdiction of the department.  The department shall also

22  issue loading zone permits and scramble parking permits for a

23  fee sufficient to cover the cost of administering the permits

24  and maintaining the parking areas.

25         (6)  The Department of Management Services shall have

26  the authority to remove or tow away, or cause to be ticketed,

27  removed, or towed away, any wrongfully parked vehicle in any

28  assigned, or reserved, or permit parking space or area under

29  the control of the Department of Management Services

30  throughout the state at the expense of the owner of the

31  wrongfully parked vehicle.

                                  9

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         Section 9.  Subsection (3) is added to section 287.022,

 2  Florida Statutes, to read:

 3         287.022  Purchase of insurance.--

 4         (3)  The department shall not prohibit or limit any

 5  properly licensed insurer, health maintenance organization,

 6  prepaid limited health services organization, or insurance

 7  agent from competing for any insurance product or plan

 8  purchased, provided, or endorsed by the department, on the

 9  basis of the compensation arrangement utilized by the insurer

10  or organization for its agents.

11         Section 10.  Paragraph (a) of subsection (2) of section

12  287.042, Florida Statutes, is amended to read:

13         287.042  Powers, duties, and functions.--The department

14  shall have the following powers, duties, and functions:

15         (2)(a)  To plan and coordinate purchases in volume and

16  to negotiate and execute purchasing agreements and contracts

17  for commodities and contractual services under which state

18  agencies shall make purchases pursuant to s. 287.056, and

19  under which a federal, county, municipality, institutions

20  qualified pursuant to s. 240.605, private nonprofit community

21  transportation coordinator designated pursuant to chapter 427,

22  while conducting business related solely to the Commission for

23  the Transportation Disadvantaged, emergency medical services

24  organizations approved to purchase pursuant to s. 401.024, or

25  other local public agency may make purchases. The department

26  may restrict purchases from some term contracts to state

27  agencies only for those term contracts where the inclusion of

28  other governmental entities will have an adverse effect on

29  competition or to those federal facilities located in this

30  state. In such planning or purchasing the Minority Business

31  Advocacy and Assistance Office may monitor to ensure that

                                  10

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  opportunities are afforded for contracting with minority

 2  business enterprises. The department, for state term

 3  contracts, and all agencies, for multiyear contractual

 4  services or term contracts, shall explore reasonable and

 5  economical means to utilize certified minority business

 6  enterprises. Purchases by any county, municipality, private

 7  nonprofit community transportation coordinator designated

 8  pursuant to chapter 427, while conducting business related

 9  solely to the Commission for the Transportation Disadvantaged,

10  emergency medical services organizations approved to purchase

11  pursuant to s. 401.024, or other local public agency under the

12  provisions in the state purchasing contracts, and purchases,

13  from the corporation operating the correctional work programs,

14  of products or services that are subject to paragraph (1)(f),

15  are exempt from the competitive sealed bid requirements

16  otherwise applying to their purchases.

17         Section 11.  Paragraph (a) of subsection (13) of

18  section 365.171, Florida Statutes, is amended to read:

19         365.171  Emergency telephone number "911."--

20         (13)  "911" FEE.--

21         (a)  Following approval by referendum as set forth in

22  paragraph (b), or following approval by a majority vote of its

23  board of county commissioners, a county may impose a "911" fee

24  to be paid by the local exchange subscribers within its

25  boundaries served by the "911" service.  Proceeds from the

26  "911" fee shall be used only for "911" expenditures as set

27  forth in subparagraph 6.  The manner of imposing and

28  collecting said payment shall be as follows:

29         1.  At the request of the county subscribing to "911"

30  service, the telephone company shall, insofar as is

31  practicable, bill the "911" fee to the local exchange

                                  11

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  subscribers served by the "911" service, on an individual

 2  access line basis, at a rate not to exceed 50 cents per month

 3  per line (up to a maximum of 25 access lines per account bill

 4  rendered).  However, the fee may not be assessed on any pay

 5  telephone in this state.  A county collecting the fee for the

 6  first time may collect the fee for no longer than 36 months

 7  without initiating the acquisition of its "911" equipment.

 8         2.  Fees collected by the telephone company pursuant to

 9  subparagraph 1. shall be returned to the county, less the

10  costs of administration retained pursuant to paragraph (c).

11  The Public Service Commission is authorized to enforce the

12  remittance of the collected "911" fee to the county. The

13  county shall provide a minimum of 90 days' written notice to

14  the telephone company prior to the collection of any "911"

15  fees.

16         3.  Any county that currently has an operational "911"

17  system or that is actively pursuing the implementation of a

18  "911" system shall establish a fund to be used exclusively for

19  receipt and expenditure of "911" fee revenues collected

20  pursuant to this section.  All fees placed in said fund, and

21  any interest accrued thereupon, shall be used solely for "911"

22  costs described in subparagraph 6.  The money collected and

23  interest earned in this fund shall be appropriated for "911"

24  purposes by the county commissioners and incorporated into the

25  annual county budget.  The county shall annually have a

26  financial audit performed on this fund, in accordance with s.

27  11.45.  A report of the audit shall be forwarded to the

28  department within 60 days of its completion.  A county may

29  carry forward on an annual basis unspent moneys in the fund

30  for expenditures allowed by this section, or it may reduce its

31  fee. However, in no event shall a county carry forward more

                                  12

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  than 10 percent of the "911" fee billed for the prior year.

 2  The amount of moneys carried forward each year may be

 3  accumulated in order to allow for capital improvements

 4  described in this subsection.  The carryover shall be

 5  documented by resolution of the board of county commissioners

 6  expressing the purpose of the carryover or by an adopted

 7  capital improvement program identifying projected expansion or

 8  replacement expenditures for "911" equipment and service

 9  features, or both.  In no event shall the "911" fee carryover

10  surplus moneys be used for any purpose other than for the

11  "911" equipment, service features, and installation charges

12  authorized in subparagraph 6. Nothing in this section shall

13  prohibit a county from using other sources of revenue for

14  improvements, replacements, or expansions of its "911" system.

15  A county may increase its fee for purposes authorized in this

16  section. However, in no case shall the fee exceed 50 cents per

17  month per line.  All current "911" fees shall be reported to

18  the department within 30 days of the start of each county's

19  fiscal period. Any fee adjustment made by a county shall be

20  reported to the department.  A county shall give the telephone

21  company a 90-day written notice of such fee adjustment.

22         4.  The telephone company shall have no obligation to

23  take any legal action to enforce collection of the "911" fee.

24  The telephone company shall provide quarterly to the county a

25  list of the names, addresses, and telephone numbers of any and

26  all subscribers who have identified to the telephone company

27  their refusal to pay the "911" fee.

28         5.  The county subscribing to "911" service shall

29  remain liable to the telephone company for any "911" service,

30  equipment, operation, or maintenance charge owed by the county

31  to the telephone company.

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1

 2  As used in this paragraph, "telephone company" means an

 3  exchange telephone service provider of "911" service or

 4  equipment to any county within its certificated area.

 5         6.  It is the intent of the Legislature that the "911"

 6  fee authorized by this section to be imposed by counties will

 7  not necessarily provide the total funding required for

 8  establishing or providing the "911" service.  For purposes of

 9  this section, "911" service includes the functions of database

10  management, call taking, location verification, and call

11  transfer.  The following costs directly attributable to the

12  establishment and/or provision of "911" service are eligible

13  for expenditure of moneys derived from imposition of the "911"

14  fee authorized by this section:  the acquisition,

15  implementation, and maintenance of Public Safety Answering

16  Point (PSAP) equipment and "911" service features, as defined

17  in the Florida Public Service Commission's lawfully approved

18  "911" and related tariffs and/or the acquisition,

19  installation, and maintenance of other "911" equipment,

20  including call answering equipment, call transfer equipment,

21  ANI controllers, ALI controllers, ANI displays, ALI displays,

22  station instruments, "911" telecommunications systems,

23  teleprinters, logging recorders, instant playback recorders,

24  telephone devices for the deaf (TDD) used in the "911" system,

25  PSAP backup power systems, consoles, automatic call

26  distributors, and interfaces (hardware and software) for

27  computer-aided dispatch (CAD) systems; salary and associated

28  expenses for "911" call takers for that portion of their time

29  spent taking and transferring "911" calls; salary and

30  associated expenses for a county to employ a full-time

31  equivalent "911" coordinator position and a full-time

                                  14

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  equivalent staff assistant position per county for the portion

 2  of their time spent administrating the "911" system; training

 3  costs for PSAP call takers in the proper methods and

 4  techniques used in taking and transferring "911" calls; and

 5  expenses required to develop and maintain all information (ALI

 6  and ANI databases and other information source repositories)

 7  necessary to properly inform call takers as to location

 8  address, type of emergency, and other information directly

 9  relevant to the "911" call-taking and transferring function.

10  The "911" fee revenues shall not be used to pay for any item

11  not listed, including, but not limited to, any capital or

12  operational costs for emergency responses which occur after

13  the call transfer to the responding public safety entity and

14  the costs for constructing buildings, leasing buildings,

15  maintaining buildings, or renovating buildings, except for

16  those building modifications necessary to maintain the

17  security and environmental integrity of the PSAP and "911"

18  equipment rooms.

19         7.  It is the goal of the Legislature that enhanced

20  "911" service be available throughout the state.  Expenditure

21  by counties of the "911" fees authorized by this section

22  should support this goal to the greatest extent feasible

23  within the context of local service needs and fiscal

24  capability. Nothing in this section shall be construed to

25  prohibit two or more counties from establishing a combined

26  emergency "911" telephone service by interlocal agreement and

27  utilizing the "911" fees authorized by this section for such

28  combined "911" service.

29         8.  The Department may establish by rule, in

30  conjunction with applicable public agencies, the methods for

31  collecting data and the "911" fee.

                                  15

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         Section 12.  Section 110.1315, Florida Statutes, is

 2  created to read:

 3         110.1315  Alternative benefits; other personal services

 4  employees.--

 5         (1)  The Department of Management Services shall

 6  contract for the implementation of an alternative retirement

 7  income security program for eligible employees paid from other

 8  personal services or special category appropriations who pay

 9  the social security portion of FICA withholding tax. The term

10  "other personal services" means the compensation for services

11  rendered by a person who is not a regular or full-time

12  employee filling an established position. An employee is

13  ineligible if he or she is concurrently employed in another

14  position as a member of the Florida Retirement System. The

15  contract must provide for a private vendor to administer the

16  program, and the program must provide retirement benefits as

17  required under s. 3121(b)(7)(F) of the Internal Revenue Code.

18  The department shall develop a request for proposals and

19  solicit qualified vendors to compete for the award of the

20  contract. The proposal must have received all necessary

21  federal and state approval as required by law and must comply

22  with s. 112.65.

23         (2)  The vendor shall provide and administer this

24  defined-contribution program under the provisions of s.

25  3121(b)(7)(F) of the Internal Revenue Code. The program must

26  provide that there will be no risk of the principal to the

27  participants, that there will be a reasonable rate of interest

28  as defined in the Treasury Regulations for s. 3121(b)(7)(F) of

29  the Internal Revenue Code, that there will be no withdrawal or

30  surrender penalties or fees of any nature charged to the

31  participants, that there will be no administrative charges to

                                  16

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  either the participants or the state, and that there will be

 2  immediate 100-percent vesting to the participants. The

 3  department may stipulate that when the employee terminates his

 4  or her position, invested funds must remain in the program

 5  until the employee reaches age 59 1/2, except that such funds

 6  may be transferred to any like tax status plan excluding the

 7  Florida Retirement System if the employee obtains a regular or

 8  full time position with a state agency. The program must be a

 9  defined contribution plan under section 401.(a), section

10  403(b) or section 457. The vendor must indemnify the state,

11  its agencies, and participating employees for any damages

12  resulting from a finding by the Internal Revenue Service that

13  the plan is in violation of s. 3121(b)(7)(F) of the Internal

14  Revenue Code.

15         Section 13.  The Department of Management Services

16  shall assure that any provider company maintains an internal

17  system of quality assurance, employs a proven functional

18  system that is fully date-calculation compliant, and is

19  subject to due-diligence inquiry concerning its ability to

20  undertake its service responsibilities.

21         Section 14.  By September 1, 2000, the Department of

22  Management Services shall report to the Governor and

23  Legislature the amount of funds paid to other personal

24  services employees by each budget entity for fiscal year

25  1999-2000. In addition, the department shall report the number

26  of OPS employees employed by the state agencies, and the

27  amount, by fund source, of salaries, income taxes, Medicare

28  taxes, and FICA taxes paid by the state on behalf of OPS

29  employees.

30         Section 15.  Upon implementation of the alternative

31  retirement income security program, the Executive Office of

                                  17

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  the Governor shall determine the amount of budget savings

 2  associated with plan implementation and process a budget

 3  amendment in accordance with s. 216.177, Florida Statutes, to

 4  place the corresponding budget authority in Executive Office

 5  of the Governor reserve. The annualized savings identified

 6  shall then be available for reduction during the fiscal year

 7  2001-2002 budget development process.

 8         Section 16.  Paragraph (i) is added to subsection (3)

 9  of section 110.123, Florida Statutes, to read:

10         110.123  State group insurance program.--

11         (3)  STATE GROUP INSURANCE PROGRAM.--

12         (i)  The department shall not prohibit or limit any

13  properly licensed insurer, health maintenance organization,

14  prepaid limited health services organization, or insurance

15  agent from competing for any insurance product or plan

16  purchased, provided, or endorsed by the department, on the

17  basis of the compensation arrangement utilized by the insurer

18  or organization for its agents.

19         Section 17.  Section 110.1521, Florida Statutes, is

20  amended to read:

21         110.1521  Short title.--This section Sections

22  110.1521-110.1523 may be cited as the "Family Support

23  Personnel Policies Act."

24         (1)  The Department of Management Services shall

25  develop a model rule establishing family support personnel

26  policies for all executive branch agencies, excluding the

27  State University System.  "Family support personnel policies,"

28  for purposes of this section means personnel policies

29  affecting employees' ability to both work and devote care and

30  attention to their families and includes policies on flexible

31  hour work schedules, compressed time, job sharing, part-time

                                  18

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  employment, maternity or paternity leave for employees with a

 2  newborn or newly adopted child, and paid and unpaid family or

 3  administrative leave for family responsibilities.

 4         (2)  The model rule shall be effective 20 days after

 5  having been filed with the Department of State and shall

 6  become part of the personnel rules of all applicable state

 7  agencies 150 days after the effective date of the rule to the

 8  extent that each agency does not, subsequent to such effective

 9  date, adopt a rule that sets forth the intent to specifically

10  amend all or part of such model rule.  Any employee or

11  organization representing employees shall be considered a

12  party for purposes of any rule required by this section,

13  notwithstanding any provision of chapter 120 to the contrary.

14         Section 18.  Section 110.1522, Florida Statutes, is

15  repealed.

16         Section 19.  Section 110.1523, Florida Statutes, is

17  repealed.

18         Section 20.  Subsection (3) of section 110.117, Florida

19  Statutes, is amended to read:

20         110.117  Paid holidays.--

21         (3)  Each full-time employee is eligible for entitled

22  to one personal day holiday each year. Each part-time employee

23  is eligible for entitled to a personal day holiday each year

24  which shall be calculated proportionately to the personal day

25  holiday allowed to a full-time employee. Such personal day

26  holiday shall be credited to eligible employees on July 1 of

27  each year to be taken prior to June 30 of the following year.

28  Members of the teaching and research faculty of the State

29  University System and administrative and professional

30  positions exempted under s. 110.205(2)(d) are not eligible for

31  this benefit.

                                  19

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         Section 21.  Section 110.122, Florida Statutes, is

 2  amended to read:

 3         110.122  Terminal payment for accumulated sick leave.--

 4         (1)  All state branches, departments, and agencies

 5  which have the authority to establish or approve personnel

 6  policies for employees and to employ personnel and establish

 7  the conditions of their employment shall establish policies to

 8  provide terminal "incentive" pay for accumulated and unused

 9  sick leave to each employee upon normal or regular retirement

10  for reason other than disability or upon termination of

11  employment, or to the employee's beneficiary if service is

12  terminated by death, provided such retirement, termination, or

13  death occurs after 10 years of creditable state employment.

14         (2)  The employing entity shall establish and publish

15  rules governing the accumulation and use of sick leave and

16  maintain accurate and reliable records showing the amount of

17  sick leave which has accumulated and is unused by the employee

18  at the time of retirement, death, or termination.

19         (3)  The payments authorized by this section shall be

20  determined by using the rate of pay received by the employee

21  at the time of retirement, termination, or death, applied to

22  the sick leave time for which the employee is qualified to

23  receive terminal "incentive" pay under the rules adopted by

24  the department pursuant to the provisions of this section.

25  Rules and policies adopted pursuant to this section shall

26  permit terminal pay for sick leave equal to one-eighth of all

27  unused sick leave credit accumulated prior to October 1, 1973,

28  plus one-fourth of all unused sick leave accumulated on or

29  after October 1, 1973. However, terminal pay allowable for

30  unused sick leave accumulated on or after October 1, 1973,

31  shall not exceed a maximum of 480 hours of actual payment.

                                  20

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  Employees shall be required to use all sick leave accumulated

 2  prior to October 1, 1973, before using sick leave accumulated

 3  on or after October 1, 1973.

 4         (4)  The payments made pursuant to this section shall

 5  not be considered in any state-administered retirement system

 6  as salary payments and shall not be used in determining the

 7  average final compensation of an employee in any

 8  state-administered retirement system.

 9         (5)  Any otherwise eligible employee:

10         (a)  Who is found guilty in a court of competent

11  jurisdiction of committing, aiding, or abetting any

12  embezzlement or theft from the employee's employer or bribery

13  in connection with the employment, committed prior to

14  retirement or 10-year normal creditable termination;

15         (b)  Whose employment is terminated by reason of the

16  employee having admitted committing, aiding, or abetting an

17  embezzlement or theft from his or her employer or by reason of

18  bribery;

19         (c)  Who, prior to 10-year normal creditable

20  termination or retirement is adjudged by a court of competent

21  jurisdiction to have violated any state law against strikes by

22  public employees; or

23         (d)  Who has been found guilty by a court of competent

24  jurisdiction of violating any state law prohibiting strikes by

25  public employees,

26

27  shall forfeit all rights and benefits under this section. An

28  employee whose employment terminates as a result of an act

29  committed subject to this subsection shall not be given credit

30  for unused sick leave accumulated prior to termination should

31  the employee be reemployed at a later date.

                                  21

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         Section 22.  Notwithstanding the provisions of s.

 2  110.123(2)(g), Florida Statutes, former state officers and

 3  employees who are vested in the Florida Retirement System, and

 4  who have deferred receiving their state retirement benefits

 5  until age 62 to avoid early retirement penalties, may

 6  participate in the state group health insurance plan at the

 7  time of receiving their state retirement benefits on the same

 8  basis as a retiree defined in s. 110.123(2)(g), Florida

 9  Statutes.

10         Section 23.  The Department of Management Services, in

11  cooperation with the Florida School for the Deaf and Blind,

12  shall review the classification and pay grade assignments for

13  career service, nonteaching employees who deal with visually

14  impaired and hearing impaired students. The department and the

15  school shall provide a report and a recommendation by January

16  1, 2001.

17         Section 24.  Paragraph (g) of subsection (3) of section

18  110.123, Florida Statutes, is amended to read:

19         110.123  State group insurance program.--

20         (3)  STATE GROUP INSURANCE PROGRAM.--

21         (g)1.  A person eligible to participate in the state

22  group insurance program may be authorized by rules adopted by

23  the department, in lieu of participating in the state group

24  health insurance plan, to exercise an option to elect

25  membership in a health maintenance organization plan which is

26  under contract with the state in accordance with criteria

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

28  optional membership in a health maintenance organization plan

29  permitted by this paragraph may be limited or conditioned by

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

31  federal laws.

                                  22

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         2.  The department shall contract with health

 2  maintenance organizations seeking to participate in the state

 3  group insurance program through a request for proposal or

 4  other procurement process, as developed by the Department of

 5  Management Services and determined to be appropriate.

 6         a.  The department shall establish a schedule of

 7  minimum benefits for health maintenance organization coverage,

 8  and that schedule shall include: physician services; inpatient

 9  and outpatient hospital services; emergency medical services,

10  including out-of-area emergency coverage; diagnostic

11  laboratory and diagnostic and therapeutic radiologic services;

12  mental health, alcohol, and chemical dependency treatment

13  services meeting the minimum requirements of state and federal

14  law; skilled nursing facilities and services; prescription

15  drugs; and other benefits as may be required by the

16  department.  Additional services may be provided subject to

17  the contract between the department and the HMO.

18         b.  The department may establish uniform deductibles,

19  copayments, or coinsurance schedules for all participating HMO

20  plans.

21         c.  The department may require detailed information

22  from each health maintenance organization participating in the

23  procurement process, including information pertaining to

24  organizational status, experience in providing prepaid health

25  benefits, accessibility of services, financial stability of

26  the plan, quality of management services, accreditation

27  status, quality of medical services, network access and

28  adequacy, performance measurement, ability to meet the

29  department's reporting requirements, and the actuarial basis

30  of the proposed rates and other data determined by the

31  director to be necessary for the evaluation and selection of

                                  23

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  health maintenance organization plans and negotiation of

 2  appropriate rates for these plans.  Upon receipt of proposals

 3  by health maintenance organization plans and the evaluation of

 4  those proposals, the department may enter into negotiations

 5  with all of the plans or a subset of the plans, as the

 6  department determines appropriate. Nothing shall preclude the

 7  department from negotiating regional or statewide contracts

 8  with health maintenance organization plans when this is

 9  cost-effective and when the department determines that the

10  plan offers high value to enrollees.

11         d.  The department may limit the number of HMOs that it

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

13  bids the department receives, the number of state employees in

14  the service area, or any unique geographical characteristics

15  of the service area. The department shall establish by rule

16  service areas throughout the state.

17         e.  All persons participating in the state group

18  insurance program who are required to contribute towards a

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

20  dollar contribution regardless of whether the enrollee enrolls

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

22         3.  The division is authorized to negotiate and to

23  contract with specialty psychiatric hospitals for mental

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

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

26  subject to the approval of the Legislature pursuant to

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

28  actuarial study to determine any impact on plan benefits and

29  premiums.

30         4.  In addition to contracting pursuant to subparagraph

31  2., the department shall enter into contract with any HMO to

                                  24

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  participate in the state group insurance program which:

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

 3  basis under the Medicaid program;

 4         b.  Does not currently meet the 25 percent

 5  non-Medicare/non-Medicaid enrollment composition requirement

 6  established by the Department of Health excluding participants

 7  enrolled in the state group insurance program;

 8         c.  Meets the minimum benefit package and copayments

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

10         d.  Is willing to participate in the state group

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

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

13  department in each service area; and

14         e.  Meets the minimum surplus requirements of s.

15  641.225.

16

17  The department is authorized to contract with HMOs that meet

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

19  the open enrollment period for state employees.  The

20  department is not required to renew the contract with the HMOs

21  as set forth in this paragraph more than twice. Thereafter,

22  the HMOs shall be eligible to participate in the state group

23  insurance program only through the request for proposal

24  process described in subparagraph 2.

25         5.  All enrollees in the state group health insurance

26  plan or any health maintenance organization plan shall have

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

28  offered by the state within any open enrollment period

29  designated by the department. Open enrollment shall be held at

30  least once each calendar year.

31         6.  When a contract between a treating provider and the

                                  25

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  state-contracted health maintenance organization is terminated

 2  for any reason other than for cause, each party shall allow

 3  any enrollee for whom treatment was active to continue

 4  coverage and care when medically necessary, through completion

 5  of treatment of a condition for which the enrollee was

 6  receiving care at the time of the termination, until the

 7  enrollee selects another treating provider, or until the next

 8  open enrollment period offered, whichever is longer, but no

 9  longer than 6 months after termination of the contract. Each

10  party to the terminated contract shall allow an enrollee who

11  has initiated a course of prenatal care, regardless of the

12  trimester in which care was initiated, to continue care and

13  coverage until completion of postpartum care. This does not

14  prevent a provider from refusing to continue to provide care

15  to an enrollee who is abusive, noncompliant, or in arrears in

16  payments for services provided. For care continued under this

17  subparagraph, the program and the provider shall continue to

18  be bound by the terms of the terminated contract. Changes made

19  within 30 days before termination of a contract are effective

20  only if agreed to by both parties.

21         7.  Any HMO participating in the state group insurance

22  program shall submit health care utilization and cost data to

23  the department, in such form and in such manner as the

24  division shall require, as a condition of participating in the

25  program.  The department shall enter into negotiations with

26  its contracting HMOs to determine the nature and scope of the

27  data submission and the final requirements, format, penalties

28  associated with noncompliance, and timetables for submission.

29  These determinations shall be adopted by rule.

30         8.  The department may establish and direct, with

31  respect to collective bargaining issues, a comprehensive

                                  26

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  package of insurance benefits that may include supplemental

 2  health and life coverage, dental care, long-term care, vision

 3  care, and other benefits it determines necessary to enable

 4  state employees to select from among benefit options that best

 5  suit their individual and family needs.

 6         a.  Based upon a desired benefit package, the

 7  department shall issue a request for proposal for health

 8  insurance providers interested in participating in the state

 9  group insurance program, and the division shall issue a

10  request for proposal for insurance providers interested in

11  participating in the non-health-related components of the

12  state group insurance program. Upon receipt of all proposals,

13  the department may enter into contract negotiations with

14  insurance providers submitting bids or negotiate a specially

15  designed benefit package. Insurance providers offering or

16  providing supplemental coverage as of May 30, 1991, which

17  qualify for pretax benefit treatment pursuant to s. 125 of the

18  Internal Revenue Code of 1986, with 5,500 or more state

19  employees currently enrolled may be included by the department

20  in the supplemental insurance benefit plan established by the

21  department without participating in a request for proposal,

22  submitting bids, negotiating contracts, or negotiating a

23  specially designed benefit package. These contracts shall

24  provide state employees with the most cost-effective and

25  comprehensive coverage available; however, no state or agency

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

27  premium of such supplemental benefit plans. With respect to

28  dental coverage, the division shall include in any

29  solicitation or contract for any state group dental program

30  made after July 1, 2001, a comprehensive indemnity dental plan

31  option which offers enrollees a completely unrestricted choice

                                  27

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  of dentists. If a dental plan is endorsed, or in some manner

 2  recognized as the preferred product, such plan shall include a

 3  comprehensive indemnity dental plan option which provides

 4  enrollees with a completely unrestricted choice of dentists.

 5         b.  Pursuant to the applicable provisions of s.

 6  110.161, and s. 125 of the Internal Revenue Code of 1986, the

 7  department shall enroll in the pretax benefit program those

 8  state employees who voluntarily elect coverage in any of the

 9  supplemental insurance benefit plans as provided by

10  sub-subparagraph a.

11         c.  Nothing herein contained shall be construed to

12  prohibit insurance providers from continuing to provide or

13  offer supplemental benefit coverage to state employees as

14  provided under existing agency plans.

15         Section 25.  Sections 272.12 and 272.121, Florida

16  Statutes, are hereby repealed.

17         Section 26.  This act shall take effect July 1, 2000.

18

19

20  ================ T I T L E   A M E N D M E N T ===============

21  And the title is amended as follows:

22  remove from the title of the bill:  everything before the

23  enacting clause

24

25  and insert in lieu thereof:

26                      A bill to be entitled

27         An act relating to the Department of Management

28         Services; requiring the Department of

29         Management Services to establish a central

30         database to maintain a record of all

31         state-related travel; providing an

                                  28

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         appropriation for the development, maintenance,

 2         and improvements to the database; requiring the

 3         Comptroller to establish object codes that

 4         uniquely identify expenses related to air

 5         travel, car rental, and motel or hotel

 6         accommodations; authorizing the Department of

 7         Management Services to negotiate and contract

 8         with an air carrier for service; requiring

 9         local matching funds; providing an

10         appropriation; providing legislative intent;

11         establishing the Small and Minority Business

12         Surety Program; providing for a plan; providing

13         eligibility; providing state responsibility;

14         providing for an annual report; providing

15         penalties for default; providing an

16         appropriation; amending s. 255.25, F.S.,

17         providing an exception to competitive bidding

18         for those leases negotiated pursuant to the

19         department pilot project to be established;

20         providing for negotiation of a replacement

21         lease for currently occupied space under

22         certain conditions; allowing agencies to

23         negotiate leases in designated Front Porch

24         Communities without competitive bidding;

25         establishing a tenant broker pilot project in

26         certain designated Florida counties to assist

27         with property procurement and providing goals

28         for the project; providing for automatic repeal

29         of the pilot project; amending s. 255.2501,

30         F.S., extending the conditions of this section

31         to any lease that, during the term of the

                                  29

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         lease, becomes financed with local government

 2         obligations of any type; amending s. 272.161,

 3         F.S., providing for the rental of "permit"

 4         parking spaces in addition to "reserved"

 5         parking spaces; amending s. 287.022, F.S.;

 6         prohibiting the Department of Management

 7         Services from limiting certain insurers and

 8         others from competing for certain insurance

 9         products or plans on the basis of a

10         compensation arrangement; amending s. 287.042,

11         F.S., authorizing emergency medical services

12         organizations to purchase under state term

13         contracts; amending s. 365.171, F.S.;

14         authorizing the Public Service Commission to

15         enforce the remittance of the collected "911"

16         fee to the county; providing the department

17         with rulemaking authority for establishing the

18         methods for collecting data and the "911" fee;

19         creating s. 110.1315, F.S.; requiring that the

20         Department of Management Services contract with

21         a private vendor for an alternative retirement

22         program for other personal services employees;

23         providing contract requirements; requiring the

24         private vendor to indemnify the state and

25         participating employees from certain adverse

26         tax consequences; providing for oversight of

27         the program; directing the Department of

28         Management Services to make a report; directing

29         the Executive Office of the Governor to

30         determine certain savings made; amending s.

31         110.123, F.S.; revising language with respect

                                  30

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         to the state group insurance program; providing

 2         that certain organizations may not be

 3         prohibited or limited from competing for the

 4         plan; amending s. 110.1521, F.S.; combining

 5         current ss. 110.1522 and 110.1523, F.S., into

 6         this section; repealing s. 110.1522, F.S.,

 7         relating to model rule establishing family

 8         support personnel policies; repealing s.

 9         110.1523, F.S., relating to adoption of model

10         rule; amending s. 110.17, F.S.; changing

11         "personal holiday" to "personal day" and

12         replacing "entitled to" with "eligible for";

13         amending s. 110.122, F.S.; providing that state

14         employees who terminate employment for reasons

15         of disability shall be eligible for payment of

16         accumulated and unused sick leave; providing

17         for application of this section to each

18         employee upon termination of employment;

19         providing that former state officers and

20         employees who are vested in the Florida

21         Retirement System may participate in the state

22         group health insurance plan at the time of

23         receiving their state retirement benefits;

24         directing the Department of Management Services

25         and the Florida School for the Deaf and Blind

26         to develop a report and recommendation;

27         providing for its submission by January 1,

28         2001; amending s. 110.123, F.S.; requiring

29         solicitations or contracts or a state group

30         dental program to include a comprehensive

31         indemnity dental plan option providing

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                                                   HOUSE AMENDMENT

    dhs-21                              Bill No. HB 2361, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         enrollees an unrestricted access to dentists;

 2         repealing ss. 272.12 and 272.121, Florida

 3         Statutes, relating to the Capitol Center

 4         Planning Commission; providing an effective

 5         date.

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