Florida Senate - 2008 (Reformatted) SB 410

By Senator Justice

16-00314-08 2008410__

1

A bill to be entitled

2

An act relating to local government officers and

3

employees; amending s. 110.1228, F.S.; expanding

4

eligibility for participation in the state group health

5

insurance program and the prescription drug coverage

6

program to include all counties, municipalities, and

7

district school boards rather than only small counties and

8

municipalities and certain school boards; specifying

9

prerequisites and conditions for participation; providing

10

a minimum period of enrollment; requiring that a

11

participating county, municipality, or school board

12

reimburse the Department of Management Services for its

13

costs, including administrative costs; prohibiting a

14

county, municipality, or school board from participating

15

in the state's plan allowing for pretax treatment of

16

premium contributions; authorizing the Department of

17

Management Services to adopt rules; providing an effective

18

date.

19

20

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

21

22

     Section 1.  Section 110.1228, Florida Statutes, is amended

23

to read:

24

     110.1228 Participation by small counties, small

25

municipalities, and district school boards located in small

26

counties.--

27

     (1) As used in this section, the term:

28

     (a) "district school board" has the same meaning as in s.

29

1003.01 means a district school board located in a small county

30

or a district school board that receives funding pursuant to s.

31

1011.62(7).

32

     (b) "Small municipality" means an incorporated municipality

33

that has a population of 12,500 or fewer according to the most

34

recent decennial census.

35

     (c) "Small county" means a county that has a population of

36

100,000 or fewer according to the most recent decennial census.

37

     (2) The governing body of a small county or small

38

municipality or a district school board may apply for

39

participation in the state group health insurance program

40

authorized in s. 110.123 and the prescription drug coverage

41

program authorized by s. 110.12315 by submitting an application

42

along with a $500 nonrefundable fee to the department.

43

     (3)  Any costs or savings to the state group health

44

insurance program or the prescription drug coverage program

45

resulting from such participation shall be passed on to the local

46

government participants and their employees.  Such costs or

47

savings shall be delineated based on the impact to the state,

48

state officers and employees, and local government employers and

49

their employees.

50

     (4)  As a prerequisite to the adoption of an ordinance or

51

resolution for participation in the state group health insurance

52

program and prescription drug coverage program, a small county,

53

small municipality, or district school board shall issue a

54

request for proposals to provide health insurance and

55

prescription drug coverage. Such request for proposals shall seek

56

coverages equivalent to those offered currently by the small

57

county, small municipality, or district school board and

58

coverages equivalent to the state group health insurance program

59

and prescription drug coverage program. Such request for

60

proposals must provide an opportunity for the receipt of

61

competitive proposals from all interested parties without

62

restriction. The small county, small municipality, or and

63

district school board shall review and consider all responsive

64

proposals before prior to the adoption of any ordinance or

65

resolution for participation in the state group health insurance

66

program and prescription drug coverage program.

67

     (5) If the department determines that a small county, small

68

municipality, or district school board is eligible to enroll, the

69

small county, small municipality, or district school board must

70

agree to the following terms and conditions:

71

     (a)  The minimum enrollment or contractual period will be 3

72

years.

73

     (b) The small county, small municipality, or district

74

school board must pay to the department an initial administrative

75

fee of not less than $2.61 per enrollee per month, or such other

76

amount established annually to fully reimburse the department for

77

its costs.

78

     (c) Termination of participation of a small county, small

79

municipality, or district school board requires written notice 1

80

year before the termination date.

81

     (d) If participation is terminated, a small county, small

82

municipality, or district school board may not reapply for

83

participation for a period of 2 years.

84

     (e) Small Counties, small municipalities, and district

85

school boards shall reimburse the state for 100 percent of its

86

costs, including administrative costs.

87

     (f) If a small county, small municipality, or district

88

school board employer fails to make the payments required by this

89

section to fully reimburse the state, the Department of Revenue

90

or the Department of Financial Services shall, upon the request

91

of the Department of Management Services, deduct the amount owed

92

by the employer from any funds not pledged to bond debt service

93

satisfaction that are to be distributed by it to the small

94

county, small municipality, or district school board. The amounts

95

so deducted shall be transferred to the Department of Management

96

Services for further distribution to the trust funds in

97

accordance with this chapter.

98

     (g) The small county, small municipality, or district

99

school board shall furnish the department any information

100

requested by the department which the department considers

101

necessary to administer the state group health insurance program

102

and the prescription drug coverage program.

103

     (h) The small county, small municipality, or district

104

school board shall adopt the state's eligibility rules.

105

     (i) The small county, small municipality, or district

106

school board may not participate in the state's cafeteria plan

107

that allows for pretax treatment of premium contributions.  If

108

pretax treatment is desirable for employees of these

109

participating employers, each employee of a participating

110

employer shall execute a salary reduction agreement with that

111

employer, and each participating employer shall establish its own

112

cafeteria plan.

113

     (j) The small county, small municipality, or district

114

school board shall pay monthly premiums in amounts sufficient to

115

cover claims costs, department administrative costs, and third-

116

party administrative costs and provide for adequate reserves and

117

cash flow by contributing 3 months' premiums and costs in advance

118

of the coverage effective date.

119

     (6)  The provisions of ss. 624.436-624.446 do not apply to

120

the State Group Insurance Program or to this section.

121

     (7)  The Department of Management Services may adopt rules

122

necessary to administer this section.

123

     Section 2.  This act shall take effect October 1, 2008.

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