Senate Bill sb0844c1
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Florida Senate - 2006 CS for SB 844
By the Committee on Ways and Means; and Senator Carlton
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1 A bill to be entitled
2 An act relating to state employees; amending s.
3 39.8296, F.S.; requiring that the Justice
4 Administrative Commission approve the
5 classification plan and salary and benefits for
6 employees of the Statewide Guardian Ad Litem
7 Office; amending s. 43.16, F.S.; providing that
8 the employees of the Justice Administrative
9 Commission are exempt from the Career Service
10 System and not included in the Senior
11 Management Service or Selected Exempt Service;
12 requiring that such employees be offered
13 benefits comparable to those of the Career
14 Service System, with certain exceptions;
15 requiring that the commission annually submit
16 information concerning certain positions to the
17 Executive Office of the Governor and the
18 Legislature; providing that changes in such
19 positions or level of benefits are subject to
20 requirements for notice and objection; amending
21 s. 110.123, F.S.; specifying the amount of the
22 employer contribution to employee health
23 savings accounts for the 2006-2007 fiscal year;
24 amending s. 110.12315, F.S.; continuing the
25 current schedules of copayments for the
26 prescription drug program for state employees;
27 deleting obsolete provisions; amending s.
28 110.2035, F.S.; requiring that the Department
29 of Management Services conduct wage and salary
30 surveys in consultation with the Executive
31 Office of the Governor and legislative
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Florida Senate - 2006 CS for SB 844
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1 appropriations committees; requiring that an
2 employing agency advise the Executive Office of
3 the Governor and the Legislature of pay
4 additives before the date of implementation;
5 prohibiting pay additives for a cohort of
6 positions unless specifically authorized by the
7 Legislature; requiring that the Department of
8 Management Services annually report pay
9 additives to the Executive Office of the
10 Governor and the Legislature; amending s.
11 112.061, F.S.; prohibiting the use of moneys
12 from the State Treasury for per diem or
13 subsistence related to Class C travel;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
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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,
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Florida Senate - 2006 CS for SB 844
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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
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Florida Senate - 2006 CS for SB 844
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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.
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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
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1 commission shall annually approve a classification plan and
2 salary and benefits plan.
3 (c) Employees in permanent positions must be offered
4 benefits comparable to those offered under the Career Service
5 System.
6 (d) The commission may offer benefits in excess of
7 those offered under the Career Service System only to
8 employees who are appointed to positions designated as having
9 managerial or policymaking duties or positions requiring
10 membership in The Florida Bar.
11 (e) By January 15th of each year, the commission shall
12 submit to the Executive Office of the Governor, the President
13 of the Senate, and the Speaker of the House of Representatives
14 a listing of all positions receiving benefits greater than
15 those benefits offered under the Career Service System. Any
16 change in the positions that are offered greater benefits or
17 any change in the level of benefits is subject to the notice
18 and objection procedures of s. 216.177.
19 Section 3. Subsection (12) of section 110.123, Florida
20 Statutes, is amended to read:
21 110.123 State group insurance program.--
22 (12) HEALTH SAVINGS ACCOUNTS.--The department is
23 authorized to establish health savings accounts for full-time
24 and part-time state employees in association with a health
25 insurance plan option authorized by the Legislature and
26 conforming to the requirements and limitations of federal
27 provisions relating to the Medicare Prescription Drug,
28 Improvement, and Modernization Act of 2003.
29 (a)1. A member participating in this health insurance
30 plan option shall be eligible to receive an employer
31 contribution into the employee's health savings account from
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Florida Senate - 2006 CS for SB 844
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1 the State Employees Health Insurance Trust Fund in an amount
2 to be determined by the Legislature. A member is not eligible
3 for an employer contribution upon termination of employment.
4 For the 2006-2007 2005-2006 fiscal year, the state's monthly
5 contribution for employees having individual coverage shall be
6 $41.66 and the monthly contribution for employees having
7 family coverage shall be $83.33.
8 2. A member participating in this health insurance
9 plan option shall be eligible to deposit the member's own
10 funds into a health savings account.
11 (b) The monthly premiums paid by the employer for a
12 member participating in this health insurance plan option
13 shall include an amount equal to the monthly employer
14 contribution authorized by the Legislature for that fiscal
15 year.
16 (c) The health savings accounts shall be administered
17 in accordance with the requirements and limitations of federal
18 provisions relating to the Medicare Prescription Drug,
19 Improvement, and Modernization Act of 2003.
20 Section 4. Subsection (7) of section 110.12315,
21 Florida Statutes, is amended to read:
22 110.12315 Prescription drug program.--The state
23 employees' prescription drug program is established. This
24 program shall be administered by the Department of Management
25 Services, according to the terms and conditions of the plan as
26 established by the relevant provisions of the annual General
27 Appropriations Act and implementing legislation, subject to
28 the following conditions:
29 (7) Under the state employees' prescription drug
30 program copayments must be made as follows:
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Florida Senate - 2006 CS for SB 844
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1 (a) Effective January 1, 2004, through December 31,
2 2005:
3 1. For generic drug with card.....................$10.
4 2. For preferred brand name drug with card........$25.
5 3. For nonpreferred brand name drug with card.....$40.
6 4. For generic mail order drug....................$20.
7 5. For preferred brand name mail order drug.......$50.
8 6. For nonpreferred brand name mail order drug....$80.
9 (a)(b) Effective January 1, 2006, through December 31,
10 2006, for the State Group Health Insurance Standard Plan:
11 1. For generic drug with card.....................$10.
12 2. For preferred brand name drug with card........$25.
13 3. For nonpreferred brand name drug with card.....$40.
14 4. For generic mail order drug....................$20.
15 5. For preferred brand name mail order drug.......$50.
16 6. For nonpreferred brand name mail order drug....$80.
17 (b)(c) Effective January 1, 2006, through December 31,
18 2006, for the State Group Health Insurance High Deductible
19 Plan:
20 1. Retail coinsurance for generic drug with card..30%.
21 2. Retail coinsurance for preferred brand name drug
22 with card.................................................30%.
23 3. Retail coinsurance for nonpreferred brand name drug
24 with card.................................................50%.
25 4. Mail order coinsurance for generic drug........30%.
26 5. Mail order coinsurance for preferred brand name
27 drug......................................................30%.
28 6. Mail order coinsurance for nonpreferred brand name
29 drug......................................................50%.
30 (c)(d) The Department of Management Services shall
31 create a preferred brand name drug list to be used in the
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1 administration of the state employees' prescription drug
2 program.
3 Section 5. Subsection (6) of section 110.2035, Florida
4 Statutes, is amended to read:
5 110.2035 Classification and compensation program.--
6 (6) The department shall establish and maintain an
7 equitable pay plan applicable to all occupations and shall be
8 responsible for the overall review, coordination, and
9 administration of the pay plan.
10 (a) The department shall provide for broad,
11 market-based pay bands for occupations and shall establish
12 guidelines for the employing agencies to move employees
13 through these pay bands. The employing agencies may determine
14 the appropriate salary within the pay bands and guidelines
15 adopted by the department. Such pay bands, and the assignment
16 of broadband levels to positions, shall not constitute rules
17 within the meaning of s. 120.52.
18 (b) The department, in consultation with the Executive
19 Office of the Governor and the legislative appropriations
20 committees, shall conduct wage and salary surveys as necessary
21 for the purpose of achieving the goal of an equitable,
22 competitive, market-based pay policy.
23 (c) The department shall establish, by rule,
24 guidelines with respect to, and shall delegate to the
25 employing agencies, where appropriate, the authority to
26 administer the following:
27 1. Shift differentials.
28 2. On-call fees.
29 3. Hazardous-duty pay.
30 4. Salary increase and decrease corrections.
31 5. Lead-worker pay.
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Florida Senate - 2006 CS for SB 844
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1 6. Temporary special duties pay.
2 7. Trainer-additive pay.
3 8. Competitive area differentials.
4 9. Critical market pay.
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6 The employing agency must use such pay additives as are
7 appropriate within the guidelines established by the
8 department and the Legislature. The employing agency and shall
9 advise the department, the Executive Office of the Governor,
10 and the Legislature in writing of the plan for implementing
11 such pay additives prior to the implementation date. An agency
12 may not implement any pay additive to a cohort of positions
13 sharing job classifications or job occupations unless the
14 Legislature has specifically authorized such pay additives for
15 that specific cohort of positions. Any action by an employing
16 agency to implement temporary special duties pay, competitive
17 area differentials, or critical market pay may be implemented
18 only after the department has reviewed and recommended such
19 action; however, an employing agency may use temporary special
20 duties pay for up to 3 months without prior review by the
21 department. The department shall annually provide to the
22 Executive Office of the Governor and the Legislature a summary
23 report of the pay additives implemented pursuant to this
24 section.
25 Section 6. Subsection (15) is added to section
26 112.061, Florida Statutes, to read:
27 112.061 Per diem and travel expenses of public
28 officers, employees, and authorized persons.--
29 (15) CLASS C TRAVEL.--Moneys appropriated from the
30 State Treasury may not be used to pay per diem or subsistence
31 related to Class C travel.
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Florida Senate - 2006 CS for SB 844
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1 Section 7. This act shall take effect July 1, 2006.
2
3 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
4 Senate Bill 844
5
6 The Proposed Committee Substitute addresses miscellaneous
issues regarding the pay and benefits offered to state
7 employees.
8 First, this bill clarifies an ambiguity by granting the
Justice Administrative Commission specific authority to
9 approve a benefits plan for commission staff. Generally, the
employees will be granted benefits comparable to the benefits
10 afforded Career Service System employees. The commission has
authority to grant certain managerial, policymaking and legal
11 staff greater benefits. The employees of the State Guardian
Ad litem Office will be governed by this plan also.
12
Secondly, this bill continues current copayments for
13 prescription drugs for the State Employee Health Insurance
Plan and continues the current level of employer contributions
14 into a participant's health savings account for the 2006-2007
fiscal year for those employees participating in the high
15 deductible plans.
16 Third, this bill restricts an agency from providing pay
additives to a cohort of employees unless the Legislature has
17 specifically authorized the pay additives for the specific
cohort of employees impacted. This change is intended to
18 clarify that the legislature, rather than agency, has the sole
authority to grant pay increases to broad classes of
19 employees.
20 Lastly, this bill prohibits the use of state funds to pay
subsistence or per diem related to Class C travel (travel
21 occurring within a single day).
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