| 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, special |
| 7 | taxing districts, and district school boards rather than |
| 8 | only small counties and municipalities and certain school |
| 9 | boards; specifying prerequisites and conditions for |
| 10 | participation; providing a minimum period of enrollment; |
| 11 | requiring that a participating county, municipality, |
| 12 | special taxing district, or school board reimburse the |
| 13 | Department of Management Services for its costs, including |
| 14 | administrative costs; prohibiting a county, municipality, |
| 15 | special taxing district, or school board from |
| 16 | participating in the state's cafeteria plan that allows |
| 17 | for pretax treatment of premium contributions; authorizing |
| 18 | the Department of Management Services to adopt rules; |
| 19 | providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Section 110.1228, Florida Statutes, is amended |
| 24 | to read: |
| 25 | 110.1228 Participation by small counties, small |
| 26 | municipalities, special taxing districts, and district school |
| 27 | boards located in small counties.- |
| 28 | (1) As used in this section, the term: |
| 29 | (a) "district school board" has the same meaning as in s. |
| 30 | 1003.01 means a district school board located in a small county |
| 31 | or a district school board that receives funding pursuant to s. |
| 32 | 1011.62(7). |
| 33 | (b) "Small municipality" means an incorporated |
| 34 | municipality that has a population of 12,500 or fewer according |
| 35 | to the most recent decennial census. |
| 36 | (c) "Small county" means a county that has a population of |
| 37 | 100,000 or fewer according to the most recent decennial census. |
| 38 | (2) The governing body of a small county, or small |
| 39 | municipality, special taxing district, or a district school |
| 40 | board may apply for participation in the state group health |
| 41 | insurance program authorized in s. 110.123 and the prescription |
| 42 | drug coverage program authorized by s. 110.12315 by submitting |
| 43 | an application along with a $500 nonrefundable fee to the |
| 44 | department. |
| 45 | (3) Any costs or savings to the state group health |
| 46 | insurance program or the prescription drug coverage program |
| 47 | resulting from such participation shall be passed on to the |
| 48 | local government participants and their employees. Such costs or |
| 49 | savings shall be delineated based on the impact to the state, |
| 50 | state officers and employees, and local government employers and |
| 51 | their employees. |
| 52 | (4) As a prerequisite to the adoption of an ordinance or |
| 53 | resolution for participation in the state group health insurance |
| 54 | program and prescription drug coverage program, a small county, |
| 55 | small municipality, special taxing district, or district school |
| 56 | board shall issue a request for proposals to provide health |
| 57 | insurance and prescription drug coverage. Such request for |
| 58 | proposals shall seek coverages equivalent to those offered |
| 59 | currently by the small county, small municipality, special |
| 60 | taxing district, or district school board and coverages |
| 61 | equivalent to the state group health insurance program and |
| 62 | prescription drug coverage program. Such request for proposals |
| 63 | must provide an opportunity for the receipt of competitive |
| 64 | proposals from all interested parties without restriction. The |
| 65 | small county, small municipality, special taxing district, and |
| 66 | district school board shall review and consider all responsive |
| 67 | proposals before prior to the adoption of any ordinance or |
| 68 | resolution for participation in the state group health insurance |
| 69 | program and prescription drug coverage program. |
| 70 | (5) If the department determines that a small county, |
| 71 | small municipality, special taxing district, or district school |
| 72 | board is eligible to enroll, the small county, small |
| 73 | municipality, special taxing district, or district school board |
| 74 | must agree to the following terms and conditions: |
| 75 | (a) The minimum enrollment or contractual period will be 3 |
| 76 | years. |
| 77 | (b) The small county, small municipality, special taxing |
| 78 | district, or district school board must pay to the department an |
| 79 | initial administrative fee of not less than $2.61 per enrollee |
| 80 | per month, or such other amount established annually to fully |
| 81 | reimburse the department for its costs. |
| 82 | (c) Termination of participation of a small county, small |
| 83 | municipality, special taxing district, or district school board |
| 84 | requires written notice 1 year before the termination date. |
| 85 | (d) If participation is terminated, a small county, small |
| 86 | municipality, special taxing district, or district school board |
| 87 | may not reapply for participation for a period of 2 years. |
| 88 | (e) Small Counties, small municipalities, special taxing |
| 89 | districts, and district school boards shall reimburse the state |
| 90 | for 100 percent of its costs, including administrative costs. |
| 91 | (f) If a small county, small municipality, special taxing |
| 92 | district, or district school board employer fails to make the |
| 93 | payments required by this section to fully reimburse the state, |
| 94 | the Department of Revenue or the Department of Financial |
| 95 | Services shall, upon the request of the Department of Management |
| 96 | Services, deduct the amount owed by the employer from any funds |
| 97 | not pledged to bond debt service satisfaction which that are to |
| 98 | be distributed by it to the small county, small municipality, |
| 99 | special taxing district, or district school board. The amounts |
| 100 | so deducted shall be transferred to the Department of Management |
| 101 | Services for further distribution to the trust funds in |
| 102 | accordance with this chapter. |
| 103 | (g) The small county, small municipality, special taxing |
| 104 | district, or district school board shall furnish the department |
| 105 | any information requested by the department which the department |
| 106 | considers necessary to administer the state group health |
| 107 | insurance program and the prescription drug coverage program. |
| 108 | (h) The small county, small municipality, special taxing |
| 109 | district, or district school board shall adopt the state's |
| 110 | eligibility rules. |
| 111 | (i) The small county, small municipality, special taxing |
| 112 | district, or district school board may not participate in the |
| 113 | state's cafeteria plan that allows for pretax treatment of |
| 114 | premium contributions. If pretax treatment is desirable for |
| 115 | employees of these participating employers, each employee of a |
| 116 | participating employer shall execute a salary reduction |
| 117 | agreement with that employer, and each participating employer |
| 118 | shall establish its own cafeteria plan. |
| 119 | (j) The small county, small municipality, special taxing |
| 120 | district, or district school board shall pay monthly premiums in |
| 121 | amounts sufficient to cover claims costs, department |
| 122 | administrative costs, and third-party administrative costs and |
| 123 | provide for adequate reserves and cash flow by contributing 3 |
| 124 | months' premiums and costs in advance of the coverage effective |
| 125 | date. |
| 126 | (6) The provisions of ss. 624.436-624.446 do not apply to |
| 127 | the State Group Insurance Program or to this section. |
| 128 | (7) The Department of Management Services may adopt rules |
| 129 | necessary to administer this section. |
| 130 | Section 2. This act shall take effect July 1, 2010. |