Senate Bill sb0844c1

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    Florida Senate - 2006                            CS for SB 844

    By the Committee on Ways and Means; and Senator Carlton





    576-2108-06

  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
    576-2108-06




 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:

17  

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
    576-2108-06




 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
    576-2108-06




 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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    Florida Senate - 2006                            CS for SB 844
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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

31  

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    Florida Senate - 2006                            CS for SB 844
    576-2108-06




 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:

31  

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    Florida Senate - 2006                            CS for SB 844
    576-2108-06




 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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    Florida Senate - 2006                            CS for SB 844
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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
    576-2108-06




 1         6.  Temporary special duties pay.

 2         7.  Trainer-additive pay.

 3         8.  Competitive area differentials.

 4         9.  Critical market pay.

 5  

 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
    576-2108-06




 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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