Senate Bill sb0844er

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    2006 Legislature                  CS for SB 844, 1st Engrossed



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  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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    2006 Legislature                  CS for SB 844, 1st Engrossed



 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 and not in conflict with any

 8         collective bargaining agreement for that cohort

 9         of positions; requiring that the Department of

10         Management Services annually report pay

11         additives to the Executive Office of the

12         Governor and the Legislature; amending s.

13         112.061, F.S.; prohibiting the use of moneys

14         from the State Treasury for per diem or

15         subsistence related to Class C travel;

16         providing an effective date.

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

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20         Section 1.  Subsection (2) of section 39.8296, Florida

21  Statutes, is amended to read:

22         39.8296  Statewide Guardian Ad Litem Office;

23  legislative findings and intent; creation; appointment of

24  executive director; duties of office.--

25         (2)  STATEWIDE GUARDIAN AD LITEM OFFICE.--There is

26  created a Statewide Guardian Ad Litem Office within the

27  Justice Administrative Commission. The Justice Administrative

28  Commission shall provide administrative support and service to

29  the office to the extent requested by the executive director

30  within the available resources of the commission. The

31  Statewide Guardian Ad Litem Office shall not be subject to


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    2006 Legislature                  CS for SB 844, 1st Engrossed



 1  control, supervision, or direction by the Justice

 2  Administrative Commission in the performance of its duties,

 3  but the employees of the office shall be governed by the

 4  classification plan and salary and benefits plan approved by

 5  the Justice Administrative Commission.

 6         (a)  The head of the Statewide Guardian Ad Litem Office

 7  is the executive director, who shall be appointed by the

 8  Governor from a list of a minimum of three eligible applicants

 9  submitted by a Guardian Ad Litem Qualifications Committee. The

10  Guardian Ad Litem Qualifications Committee shall be composed

11  of five persons, two persons appointed by the Governor, two

12  persons appointed by the Chief Justice of the Supreme Court,

13  and one person appointed by the Statewide Guardian Ad Litem

14  Association. The committee shall provide for statewide

15  advertisement and the receiving of applications for the

16  position of executive director. The Governor shall appoint an

17  executive director from among the recommendations, or the

18  Governor may reject the nominations and request the submission

19  of new nominees. The executive director must have knowledge in

20  dependency law and knowledge of social service delivery

21  systems available to meet the needs of children who are

22  abused, neglected, or abandoned. The executive director shall

23  serve on a full-time basis and shall personally, or through

24  representatives of the office, carry out the purposes and

25  functions of the Statewide Guardian Ad Litem Office in

26  accordance with state and federal law. The executive director

27  shall report to the Governor. The executive director shall

28  serve a 3-year term, subject to removal for cause by the

29  Governor. Any person appointed to serve as the executive

30  director may be permitted to serve more than one term.

31  


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    2006 Legislature                  CS for SB 844, 1st Engrossed



 1         (b)  The Statewide Guardian Ad Litem Office shall,

 2  within available resources, have oversight responsibilities

 3  for and provide technical assistance to all guardian ad litem

 4  and attorney ad litem programs located within the judicial

 5  circuits.

 6         1.  The office shall identify the resources required to

 7  implement methods of collecting, reporting, and tracking

 8  reliable and consistent case data.

 9         2.  The office shall review the current guardian ad

10  litem programs in Florida and other states.

11         3.  The office, in consultation with local guardian ad

12  litem offices, shall develop statewide performance measures

13  and standards.

14         4.  The office shall develop a guardian ad litem

15  training program. The office shall establish a curriculum

16  committee to develop the training program specified in this

17  subparagraph. The curriculum committee shall include, but not

18  be limited to, dependency judges, directors of circuit

19  guardian ad litem programs, active certified guardians ad

20  litem, a mental health professional who specializes in the

21  treatment of children, a member of a child advocacy group, a

22  representative of the Florida Coalition Against Domestic

23  Violence, and a social worker experienced in working with

24  victims and perpetrators of child abuse.

25         5.  The office shall review the various methods of

26  funding guardian ad litem programs, shall maximize the use of

27  those funding sources to the extent possible, and shall review

28  the kinds of services being provided by circuit guardian ad

29  litem programs.

30         6.  The office shall determine the feasibility or

31  desirability of new concepts of organization, administration,


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    2006 Legislature                  CS for SB 844, 1st Engrossed



 1  financing, or service delivery designed to preserve the civil

 2  and constitutional rights and fulfill other needs of dependent

 3  children.

 4         7.  No later than October 1, 2004, the office shall

 5  submit to the Governor, the President of the Senate, the

 6  Speaker of the House of Representatives, and the Chief Justice

 7  of the Supreme Court an interim report describing the progress

 8  of the office in meeting the goals as described in this

 9  section. No later than October 1, 2004, the office shall

10  submit to the Governor, the President of the Senate, the

11  Speaker of the House of Representatives, and the Chief Justice

12  of the Supreme Court a proposed plan including alternatives

13  for meeting the state's guardian ad litem and attorney ad

14  litem needs. This plan may include recommendations for less

15  than the entire state, may include a phase-in system, and

16  shall include estimates of the cost of each of the

17  alternatives. Each year thereafter, the office shall provide a

18  status report and provide further recommendations to address

19  the need for guardian ad litem services and related issues.

20         Section 2.  Subsection (4) of section 43.16, Florida

21  Statutes, is amended to read:

22         43.16  Justice Administrative Commission; membership,

23  powers and duties.--

24         (4)(a)  The Justice Administrative Commission shall

25  employ an executive director and fix his or her salary.  The

26  executive director shall employ any necessary personnel for

27  the efficient performance of the commission according to a

28  classification and pay plan annually approved by the

29  commission.

30         (b)  All employees of or within the commission are

31  exempt from the Career Service System provided in chapter 110


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    2006 Legislature                  CS for SB 844, 1st Engrossed



 1  and, notwithstanding s. 110.205(5), are not included in the

 2  Senior Management Service or the Selected Exempt Service. The

 3  commission shall annually approve a classification plan and

 4  salary and benefits plan.

 5         (c)  Employees in permanent positions must be offered

 6  benefits comparable to those offered under the Career Service

 7  System.

 8         (d)  The commission may offer benefits in excess of

 9  those offered under the Career Service System only to

10  employees who are appointed to positions designated as having

11  managerial or policymaking duties or positions requiring

12  membership in The Florida Bar.

13         (e)  By January 15th of each year, the commission shall

14  submit to the Executive Office of the Governor, the President

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

16  a listing of all positions receiving benefits greater than

17  those benefits offered under the Career Service System. Any

18  change in the positions that are offered greater benefits or

19  any change in the level of benefits is subject to the notice

20  and objection procedures of s. 216.177.

21         Section 3.  Subsection (12) of section 110.123, Florida

22  Statutes, is amended to read:

23         110.123  State group insurance program.--

24         (12)  HEALTH SAVINGS ACCOUNTS.--The department is

25  authorized to establish health savings accounts for full-time

26  and part-time state employees in association with a health

27  insurance plan option authorized by the Legislature and

28  conforming to the requirements and limitations of federal

29  provisions relating to the Medicare Prescription Drug,

30  Improvement, and Modernization Act of 2003.

31  


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    2006 Legislature                  CS for SB 844, 1st Engrossed



 1         (a)1.  A member participating in this health insurance

 2  plan option shall be eligible to receive an employer

 3  contribution into the employee's health savings account from

 4  the State Employees Health Insurance Trust Fund in an amount

 5  to be determined by the Legislature. A member is not eligible

 6  for an employer contribution upon termination of employment.

 7  For the 2006-2007 2005-2006 fiscal year, the state's monthly

 8  contribution for employees having individual coverage shall be

 9  $41.66 and the monthly contribution for employees having

10  family coverage shall be $83.33.

11         2.  A member participating in this health insurance

12  plan option shall be eligible to deposit the member's own

13  funds into a health savings account.

14         (b)  The monthly premiums paid by the employer for a

15  member participating in this health insurance plan option

16  shall include an amount equal to the monthly employer

17  contribution authorized by the Legislature for that fiscal

18  year.

19         (c)  The health savings accounts shall be administered

20  in accordance with the requirements and limitations of federal

21  provisions relating to the Medicare Prescription Drug,

22  Improvement, and Modernization Act of 2003.

23         Section 4.  Subsection (7) of section 110.12315,

24  Florida Statutes, is amended to read:

25         110.12315  Prescription drug program.--The state

26  employees' prescription drug program is established.  This

27  program shall be administered by the Department of Management

28  Services, according to the terms and conditions of the plan as

29  established by the relevant provisions of the annual General

30  Appropriations Act and implementing legislation, subject to

31  the following conditions:


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    2006 Legislature                  CS for SB 844, 1st Engrossed



 1         (7)  Under the state employees' prescription drug

 2  program copayments must be made as follows:

 3         (a)  Effective January 1, 2004, through December 31,

 4  2005:

 5         1.  For generic drug with card.....................$10.

 6         2.  For preferred brand name drug with card........$25.

 7         3.  For nonpreferred brand name drug with card.....$40.

 8         4.  For generic mail order drug....................$20.

 9         5.  For preferred brand name mail order drug.......$50.

10         6.  For nonpreferred brand name mail order drug....$80.

11         (a)(b)  Effective January 1, 2006, through December 31,

12  2006, for the State Group Health Insurance Standard Plan:

13         1.  For generic drug with card.....................$10.

14         2.  For preferred brand name drug with card........$25.

15         3.  For nonpreferred brand name drug with card.....$40.

16         4.  For generic mail order drug....................$20.

17         5.  For preferred brand name mail order drug.......$50.

18         6.  For nonpreferred brand name mail order drug....$80.

19         (b)(c)  Effective January 1, 2006, through December 31,

20  2006, for the State Group Health Insurance High Deductible

21  Plan:

22         1.  Retail coinsurance for generic drug with card..30%.

23         2.  Retail coinsurance for preferred brand name drug

24  with card.................................................30%.

25         3.  Retail coinsurance for nonpreferred brand name drug

26  with card.................................................50%.

27         4.  Mail order coinsurance for generic drug........30%.

28         5.  Mail order coinsurance for preferred brand name

29  drug......................................................30%.

30         6.  Mail order coinsurance for nonpreferred brand name

31  drug......................................................50%.


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    2006 Legislature                  CS for SB 844, 1st Engrossed



 1         (c)(d)  The Department of Management Services shall

 2  create a preferred brand name drug list to be used in the

 3  administration of the state employees' prescription drug

 4  program.

 5         Section 5.  Subsection (6) of section 110.2035, Florida

 6  Statutes, is amended to read:

 7         110.2035  Classification and compensation program.--

 8         (6)  The department shall establish and maintain an

 9  equitable pay plan applicable to all occupations and shall be

10  responsible for the overall review, coordination, and

11  administration of the pay plan.

12         (a)  The department shall provide for broad,

13  market-based pay bands for occupations and shall establish

14  guidelines for the employing agencies to move employees

15  through these pay bands. The employing agencies may determine

16  the appropriate salary within the pay bands and guidelines

17  adopted by the department. Such pay bands, and the assignment

18  of broadband levels to positions, shall not constitute rules

19  within the meaning of s. 120.52.

20         (b)  The department, in consultation with the Executive

21  Office of the Governor and the legislative appropriations

22  committees, shall conduct wage and salary surveys as necessary

23  for the purpose of achieving the goal of an equitable,

24  competitive, market-based pay policy.

25         (c)  The department shall establish, by rule,

26  guidelines with respect to, and shall delegate to the

27  employing agencies, where appropriate, the authority to

28  administer the following:

29         1.  Shift differentials.

30         2.  On-call fees.

31         3.  Hazardous-duty pay.


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    2006 Legislature                  CS for SB 844, 1st Engrossed



 1         4.  Salary increase and decrease corrections.

 2         5.  Lead-worker pay.

 3         6.  Temporary special duties pay.

 4         7.  Trainer-additive pay.

 5         8.  Competitive area differentials.

 6         9.  Critical market pay.

 7  

 8  The employing agency must use such pay additives as are

 9  appropriate within the guidelines established by the

10  department and consistent with the directions of the

11  Legislature contained in the General Appropriations Act. The

12  employing agency and shall advise the department, the

13  Executive Office of the Governor, and the Legislature in

14  writing of the plan for implementing such pay additives prior

15  to the implementation date. An agency may not implement any

16  pay additive to a cohort of positions sharing job

17  classifications or job occupations unless the Legislature has

18  specifically authorized such pay additives and such pay

19  additives do not conflict with any collective bargaining

20  agreement for that specific cohort of positions. Any action by

21  an employing agency to implement temporary special duties pay,

22  competitive area differentials, or critical market pay may be

23  implemented only after the department has reviewed and

24  recommended such action; however, an employing agency may use

25  temporary special duties pay for up to 3 months without prior

26  review by the department. The department shall annually

27  provide to the Executive Office of the Governor and the

28  Legislature a summary report of the pay additives implemented

29  pursuant to this section.

30         Section 6.  Subsection (15) is added to section

31  112.061, Florida Statutes, to read:


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    2006 Legislature                  CS for SB 844, 1st Engrossed



 1         112.061  Per diem and travel expenses of public

 2  officers, employees, and authorized persons.--

 3         (15)  CLASS C TRAVEL.--Moneys appropriated from the

 4  State Treasury may not be used to pay per diem or subsistence

 5  related to Class C travel.

 6         Section 7.  This act shall take effect July 1, 2006.

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