Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 844
Barcode 155694
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 Floor: AD .
05/05/2006 05:26 PM .
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Conference Committee on CS for SB 844 recommended the
12 following amendment:
13
14 Conference Committee Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Subsection (2) of section 39.8296, Florida
19 Statutes, is amended to read:
20 39.8296 Statewide Guardian Ad Litem Office;
21 legislative findings and intent; creation; appointment of
22 executive director; duties of office.--
23 (2) STATEWIDE GUARDIAN AD LITEM OFFICE.--There is
24 created a Statewide Guardian Ad Litem Office within the
25 Justice Administrative Commission. The Justice Administrative
26 Commission shall provide administrative support and service to
27 the office to the extent requested by the executive director
28 within the available resources of the commission. The
29 Statewide Guardian Ad Litem Office shall not be subject to
30 control, supervision, or direction by the Justice
31 Administrative Commission in the performance of its duties,
1
8:55 PM 05/03/06 c0844c1d-01
Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 844
Barcode 155694
1 but the employees of the office shall be governed by the
2 classification plan and salary and benefits plan approved by
3 the Justice Administrative Commission.
4 (a) The head of the Statewide Guardian Ad Litem Office
5 is the executive director, who shall be appointed by the
6 Governor from a list of a minimum of three eligible applicants
7 submitted by a Guardian Ad Litem Qualifications Committee. The
8 Guardian Ad Litem Qualifications Committee shall be composed
9 of five persons, two persons appointed by the Governor, two
10 persons appointed by the Chief Justice of the Supreme Court,
11 and one person appointed by the Statewide Guardian Ad Litem
12 Association. The committee shall provide for statewide
13 advertisement and the receiving of applications for the
14 position of executive director. The Governor shall appoint an
15 executive director from among the recommendations, or the
16 Governor may reject the nominations and request the submission
17 of new nominees. The executive director must have knowledge in
18 dependency law and knowledge of social service delivery
19 systems available to meet the needs of children who are
20 abused, neglected, or abandoned. The executive director shall
21 serve on a full-time basis and shall personally, or through
22 representatives of the office, carry out the purposes and
23 functions of the Statewide Guardian Ad Litem Office in
24 accordance with state and federal law. The executive director
25 shall report to the Governor. The executive director shall
26 serve a 3-year term, subject to removal for cause by the
27 Governor. Any person appointed to serve as the executive
28 director may be permitted to serve more than one term.
29 (b) The Statewide Guardian Ad Litem Office shall,
30 within available resources, have oversight responsibilities
31 for and provide technical assistance to all guardian ad litem
2
8:55 PM 05/03/06 c0844c1d-01
Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 844
Barcode 155694
1 and attorney ad litem programs located within the judicial
2 circuits.
3 1. The office shall identify the resources required to
4 implement methods of collecting, reporting, and tracking
5 reliable and consistent case data.
6 2. The office shall review the current guardian ad
7 litem programs in Florida and other states.
8 3. The office, in consultation with local guardian ad
9 litem offices, shall develop statewide performance measures
10 and standards.
11 4. The office shall develop a guardian ad litem
12 training program. The office shall establish a curriculum
13 committee to develop the training program specified in this
14 subparagraph. The curriculum committee shall include, but not
15 be limited to, dependency judges, directors of circuit
16 guardian ad litem programs, active certified guardians ad
17 litem, a mental health professional who specializes in the
18 treatment of children, a member of a child advocacy group, a
19 representative of the Florida Coalition Against Domestic
20 Violence, and a social worker experienced in working with
21 victims and perpetrators of child abuse.
22 5. The office shall review the various methods of
23 funding guardian ad litem programs, shall maximize the use of
24 those funding sources to the extent possible, and shall review
25 the kinds of services being provided by circuit guardian ad
26 litem programs.
27 6. The office shall determine the feasibility or
28 desirability of new concepts of organization, administration,
29 financing, or service delivery designed to preserve the civil
30 and constitutional rights and fulfill other needs of dependent
31 children.
3
8:55 PM 05/03/06 c0844c1d-01
Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 844
Barcode 155694
1 7. No later than October 1, 2004, the office shall
2 submit to the Governor, the President of the Senate, the
3 Speaker of the House of Representatives, and the Chief Justice
4 of the Supreme Court an interim report describing the progress
5 of the office in meeting the goals as described in this
6 section. No later than October 1, 2004, the office shall
7 submit to the Governor, the President of the Senate, the
8 Speaker of the House of Representatives, and the Chief Justice
9 of the Supreme Court a proposed plan including alternatives
10 for meeting the state's guardian ad litem and attorney ad
11 litem needs. This plan may include recommendations for less
12 than the entire state, may include a phase-in system, and
13 shall include estimates of the cost of each of the
14 alternatives. Each year thereafter, the office shall provide a
15 status report and provide further recommendations to address
16 the need for guardian ad litem services and related issues.
17 Section 2. Subsection (4) of section 43.16, Florida
18 Statutes, is amended to read:
19 43.16 Justice Administrative Commission; membership,
20 powers and duties.--
21 (4)(a) The Justice Administrative Commission shall
22 employ an executive director and fix his or her salary. The
23 executive director shall employ any necessary personnel for
24 the efficient performance of the commission according to a
25 classification and pay plan annually approved by the
26 commission.
27 (b) All employees of or within the commission are
28 exempt from the Career Service System provided in chapter 110
29 and, notwithstanding s. 110.205(5), are not included in the
30 Senior Management Service or the Selected Exempt Service. The
31 commission shall annually approve a classification plan and
4
8:55 PM 05/03/06 c0844c1d-01
Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 844
Barcode 155694
1 salary and benefits plan.
2 (c) Employees in permanent positions must be offered
3 benefits comparable to those offered under the Career Service
4 System.
5 (d) The commission may offer benefits in excess of
6 those offered under the Career Service System only to
7 employees who are appointed to positions designated as having
8 managerial or policymaking duties or positions requiring
9 membership in The Florida Bar.
10 (e) By January 15th of each year, the commission shall
11 submit to the Executive Office of the Governor, the President
12 of the Senate, and the Speaker of the House of Representatives
13 a listing of all positions receiving benefits greater than
14 those benefits offered under the Career Service System. Any
15 change in the positions that are offered greater benefits or
16 any change in the level of benefits is subject to the notice
17 and objection procedures of s. 216.177.
18 Section 3. Subsection (12) of section 110.123, Florida
19 Statutes, is amended to read:
20 110.123 State group insurance program.--
21 (12) HEALTH SAVINGS ACCOUNTS.--The department is
22 authorized to establish health savings accounts for full-time
23 and part-time state employees in association with a health
24 insurance plan option authorized by the Legislature and
25 conforming to the requirements and limitations of federal
26 provisions relating to the Medicare Prescription Drug,
27 Improvement, and Modernization Act of 2003.
28 (a)1. A member participating in this health insurance
29 plan option shall be eligible to receive an employer
30 contribution into the employee's health savings account from
31 the State Employees Health Insurance Trust Fund in an amount
5
8:55 PM 05/03/06 c0844c1d-01
Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 844
Barcode 155694
1 to be determined by the Legislature. A member is not eligible
2 for an employer contribution upon termination of employment.
3 For the 2006-2007 2005-2006 fiscal year, the state's monthly
4 contribution for employees having individual coverage shall be
5 $41.66 and the monthly contribution for employees having
6 family coverage shall be $83.33.
7 2. A member participating in this health insurance
8 plan option shall be eligible to deposit the member's own
9 funds into a health savings account.
10 (b) The monthly premiums paid by the employer for a
11 member participating in this health insurance plan option
12 shall include an amount equal to the monthly employer
13 contribution authorized by the Legislature for that fiscal
14 year.
15 (c) The health savings accounts shall be administered
16 in accordance with the requirements and limitations of federal
17 provisions relating to the Medicare Prescription Drug,
18 Improvement, and Modernization Act of 2003.
19 Section 4. Subsection (7) of section 110.12315,
20 Florida Statutes, is amended to read:
21 110.12315 Prescription drug program.--The state
22 employees' prescription drug program is established. This
23 program shall be administered by the Department of Management
24 Services, according to the terms and conditions of the plan as
25 established by the relevant provisions of the annual General
26 Appropriations Act and implementing legislation, subject to
27 the following conditions:
28 (7) Under the state employees' prescription drug
29 program copayments must be made as follows:
30 (a) Effective January 1, 2004, through December 31,
31 2005:
6
8:55 PM 05/03/06 c0844c1d-01
Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 844
Barcode 155694
1 1. For generic drug with card.....................$10.
2 2. For preferred brand name drug with card........$25.
3 3. For nonpreferred brand name drug with card.....$40.
4 4. For generic mail order drug....................$20.
5 5. For preferred brand name mail order drug.......$50.
6 6. For nonpreferred brand name mail order drug....$80.
7 (a)(b) Effective January 1, 2006, through December 31,
8 2006, for the State Group Health Insurance Standard Plan:
9 1. For generic drug with card.....................$10.
10 2. For preferred brand name drug with card........$25.
11 3. For nonpreferred brand name drug with card.....$40.
12 4. For generic mail order drug....................$20.
13 5. For preferred brand name mail order drug.......$50.
14 6. For nonpreferred brand name mail order drug....$80.
15 (b)(c) Effective January 1, 2006, through December 31,
16 2006, for the State Group Health Insurance High Deductible
17 Plan:
18 1. Retail coinsurance for generic drug with card..30%.
19 2. Retail coinsurance for preferred brand name drug
20 with card.................................................30%.
21 3. Retail coinsurance for nonpreferred brand name drug
22 with card.................................................50%.
23 4. Mail order coinsurance for generic drug........30%.
24 5. Mail order coinsurance for preferred brand name
25 drug......................................................30%.
26 6. Mail order coinsurance for nonpreferred brand name
27 drug......................................................50%.
28 (c)(d) The Department of Management Services shall
29 create a preferred brand name drug list to be used in the
30 administration of the state employees' prescription drug
31 program.
7
8:55 PM 05/03/06 c0844c1d-01
Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 844
Barcode 155694
1 Section 5. Subsection (6) of section 110.2035, Florida
2 Statutes, is amended to read:
3 110.2035 Classification and compensation program.--
4 (6) The department shall establish and maintain an
5 equitable pay plan applicable to all occupations and shall be
6 responsible for the overall review, coordination, and
7 administration of the pay plan.
8 (a) The department shall provide for broad,
9 market-based pay bands for occupations and shall establish
10 guidelines for the employing agencies to move employees
11 through these pay bands. The employing agencies may determine
12 the appropriate salary within the pay bands and guidelines
13 adopted by the department. Such pay bands, and the assignment
14 of broadband levels to positions, shall not constitute rules
15 within the meaning of s. 120.52.
16 (b) The department, in consultation with the Executive
17 Office of the Governor and the legislative appropriations
18 committees, shall conduct wage and salary surveys as necessary
19 for the purpose of achieving the goal of an equitable,
20 competitive, market-based pay policy.
21 (c) The department shall establish, by rule,
22 guidelines with respect to, and shall delegate to the
23 employing agencies, where appropriate, the authority to
24 administer the following:
25 1. Shift differentials.
26 2. On-call fees.
27 3. Hazardous-duty pay.
28 4. Salary increase and decrease corrections.
29 5. Lead-worker pay.
30 6. Temporary special duties pay.
31 7. Trainer-additive pay.
8
8:55 PM 05/03/06 c0844c1d-01
Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 844
Barcode 155694
1 8. Competitive area differentials.
2 9. Critical market pay.
3
4 The employing agency must use such pay additives as are
5 appropriate within the guidelines established by the
6 department and consistent with the directions of the
7 Legislature contained in the General Appropriations Act. The
8 employing agency and shall advise the department, the
9 Executive Office of the Governor, and the Legislature in
10 writing of the plan for implementing such pay additives prior
11 to the implementation date. An agency may not implement any
12 pay additive to a cohort of positions sharing job
13 classifications or job occupations unless the Legislature has
14 specifically authorized such pay additives and such pay
15 additives do not conflict with any collective bargaining
16 agreement for that specific cohort of positions. Any action by
17 an employing agency to implement temporary special duties pay,
18 competitive area differentials, or critical market pay may be
19 implemented only after the department has reviewed and
20 recommended such action; however, an employing agency may use
21 temporary special duties pay for up to 3 months without prior
22 review by the department. The department shall annually
23 provide to the Executive Office of the Governor and the
24 Legislature a summary report of the pay additives implemented
25 pursuant to this section.
26 Section 6. Subsection (15) is added to section
27 112.061, Florida Statutes, to read:
28 112.061 Per diem and travel expenses of public
29 officers, employees, and authorized persons.--
30 (15) CLASS C TRAVEL.--Moneys appropriated from the
31 State Treasury may not be used to pay per diem or subsistence
9
8:55 PM 05/03/06 c0844c1d-01
Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 844
Barcode 155694
1 related to Class C travel.
2 Section 7. This act shall take effect July 1, 2006.
3
4
5 ================ T I T L E A M E N D M E N T ===============
6 And the title is amended as follows:
7 Delete everything before the enacting clause
8
9 and insert:
10 A bill to be entitled
11 An act relating to state employees; amending s.
12 39.8296, F.S.; requiring that the Justice
13 Administrative Commission approve the
14 classification plan and salary and benefits for
15 employees of the Statewide Guardian Ad Litem
16 Office; amending s. 43.16, F.S.; providing that
17 the employees of the Justice Administrative
18 Commission are exempt from the Career Service
19 System and not included in the Senior
20 Management Service or Selected Exempt Service;
21 requiring that such employees be offered
22 benefits comparable to those of the Career
23 Service System, with certain exceptions;
24 requiring that the commission annually submit
25 information concerning certain positions to the
26 Executive Office of the Governor and the
27 Legislature; providing that changes in such
28 positions or level of benefits are subject to
29 requirements for notice and objection; amending
30 s. 110.123, F.S.; specifying the amount of the
31 employer contribution to employee health
10
8:55 PM 05/03/06 c0844c1d-01
Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 844
Barcode 155694
1 savings accounts for the 2006-2007 fiscal year;
2 amending s. 110.12315, F.S.; continuing the
3 current schedules of copayments for the
4 prescription drug program for state employees;
5 deleting obsolete provisions; amending s.
6 110.2035, F.S.; requiring that the Department
7 of Management Services conduct wage and salary
8 surveys in consultation with the Executive
9 Office of the Governor and legislative
10 appropriations committees; requiring that an
11 employing agency advise the Executive Office of
12 the Governor and the Legislature of pay
13 additives before the date of implementation;
14 prohibiting pay additives for a cohort of
15 positions unless specifically authorized by the
16 Legislature and not in conflict with any
17 collective bargaining agreement for that cohort
18 of positions; requiring that the Department of
19 Management Services annually report pay
20 additives to the Executive Office of the
21 Governor and the Legislature; amending s.
22 112.061, F.S.; prohibiting the use of moneys
23 from the State Treasury for per diem or
24 subsistence related to Class C travel;
25 providing an effective date.
26
27
28
29
30
31
11
8:55 PM 05/03/06 c0844c1d-01