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


H

Senator Gutman moved the following amendment:



                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    

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10                                                                

11  Senator Gutman moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Subsection (4) and paragraphs (a), (c), and

18  (e) of subsection (5) of section 20.22, Florida Statutes, are

19  amended to read:

20         20.22  Department of Management Services.--There is

21  created a Department of Management Services.

22         (4)  The duties of the Chief Labor Negotiator Office of

23  Labor Relations shall be determined by the Secretary of

24  Management Services, and must include, but need not be limited

25  to, the representation of the Governor as the public employer

26  in collective bargaining negotiations pursuant to the

27  provisions of chapter 447.

28         (5)(a)  The Florida State Group Insurance Council is

29  created within the Division of State Group Insurance for the

30  purpose of providing joint and coordinated oversight of the

31  operation and administration of the state group insurance

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  program.  The council shall consist of the state budget

 2  director; an individual from the private sector with an

 3  extensive health administration background, appointed by the

 4  Governor; a member of the Florida Senate, appointed by the

 5  President of the Senate; a member of the Florida House of

 6  Representatives, appointed by the Speaker of the House of

 7  Representatives; a representative of the State University

 8  System, appointed by the Board of Regents; the State Insurance

 9  Commissioner or his designee; the director of the Division of

10  Retirement; and two representatives of employees and retirees,

11  appointed by the Governor. Members of the council appointed by

12  the Governor shall be appointed to serve terms of 4 years

13  each.  Each member of the council shall serve until a

14  successor is appointed. Additionally, The director of the

15  Division of State Group Employee Insurance shall not be a

16  nonvoting member of the council, but shall assume

17  responsibility for ensuring provision of administrative,

18  analytical, and technical support to the council.

19         (c)  The council is assigned to the Division of State

20  Group Insurance for administrative and fiscal accountability

21  purposes, but the council and its staff shall otherwise

22  function independently of the control and direction of the

23  division. The division of State Group Insurance shall furnish

24  dedicated administrative and secretarial assistance to the

25  council, and other assistance to the council as requested.

26         (e)  The council or a member thereof may not enter into

27  the day-to-day operation of the Division of State Group

28  Insurance and is specifically prohibited from taking part in:

29         1.  The awarding or termination of contracts.

30         2.  The selection of a consultant or contractor or the

31  prequalification of any individual consultant or contractor.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  However, the council may recommend to the director standards

 2  and policies governing the procedure for selection and

 3  prequalification of consultants and contractors.

 4         3.  The employment, promotion, demotion, suspension,

 5  transfer, or discharge of any division personnel.

 6         4.  The granting, denial, suspension, or revocation of

 7  any license or permit issued by the division.

 8         Section 2.  Subsection (2) of section 110.109, Florida

 9  Statutes, is amended to read:

10         110.109  Productivity improvement and personnel audits

11  of executive branch agencies.--The department shall be

12  responsible for conducting personnel audits of all executive

13  branch agencies, except the State University System, to

14  provide as follows:

15         (2)  It shall be the duty of the department to audit

16  the personnel programs of the state agencies on a continuing

17  and regular basis to ensure the agencies' compliance with

18  state laws and regulations. A copy of such study made by the

19  department shall be submitted to the Governor, the President

20  of the Senate, the Speaker of the House of Representatives,

21  and the Auditor General.

22         Section 3.  Subsection (5) of section 110.1099, Florida

23  Statutes, is amended, and subsection (6) is added to said

24  section, to read:

25         110.1099  Education and training opportunities for

26  state employees.--

27         (5)  The Department of Management Services, in

28  consultation with the agencies and, to the extent applicable,

29  Florida's public postsecondary educational institutions, shall

30  adopt rules to implement and administer this section.

31         (6)  As a precondition to approving an employee's

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  training request, an agency or the judicial branch may require

 2  an employee to enter into an agreement that requires the

 3  employee to reimburse the agency or judicial branch the

 4  registration fee or similar expense for any training or

 5  training series when the cost of the fee or similar expense

 6  exceeds $1,000 if the employee voluntarily terminates

 7  employment or is discharged for cause from the agency or

 8  judicial branch within a specified period of time not

 9  exceeding 4 years after the conclusion of the training. This

10  subsection does not apply to any training program that an

11  agency or the judicial branch requires the employee to attend.

12  An agency or the judicial branch may pay the outstanding

13  balance then due and owing on behalf of a state employee under

14  this subsection in connection with recruitment and hiring of

15  such state employee.

16         Section 4.  Paragraph (d) of subsection (2) and

17  subsection (6) of section 110.112, Florida Statutes, is

18  amended to read:

19         110.112  Affirmative action; equal employment

20  opportunity.--

21         (2)

22         (d)  The department shall report information in its

23  annual workforce report relating to annually to the Governor

24  on the implementation, continuance, updating, and results of

25  each executive agency's affirmative action plan for the

26  previous fiscal year.

27         (6)  The department shall review and audit executive

28  agency actions in carrying out the rules adopted by the

29  department pursuant to this section and shall submit postaudit

30  reports to the Governor, the President of the Senate, the

31  Speaker of the House of Representatives, and the Auditor

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  General.

 2         Section 5.  Section 110.1165, Florida Statutes, is

 3  amended to read:

 4         110.1165  Executive branch personnel errors.--

 5         (1)  An agency of the executive branch, including the

 6  State University System, shall establish procedures for the

 7  receipt, consideration, and disposition of a claim regarding

 8  pay or benefits brought by an employee when that employee is

 9  damaged as a result of being provided with erroneous written

10  information by the employing agency regarding his or her pay

11  or benefits, and the employee detrimentally relies upon such

12  written information. In order to qualify for the relief

13  provided by this section, the employee's reliance on the

14  representation must have been reasonable and based only upon

15  the written representations made by those persons authorized

16  by the agency head to make such representations. Furthermore,

17  the erroneous calculation and payment of an employee's salary,

18  wages, or benefits is not among the written representations

19  which will trigger relief under this section. Section 95.11(4)

20  is the statute of limitations for filing any action to recover

21  salary, wages, overtime, benefits, or related damages by or on

22  behalf of a state employee, or any action under this section.

23  No distinctions between the terms "salary" and "wages" in

24  construing the provisions of s. 95.11(4) apply to this section

25  or the statute of limitations for filing any action under this

26  section.

27         (2)  An agency of the executive branch, including the

28  State University System, is authorized to take such action as

29  may be appropriate to provide a remedy for an employee

30  concerning his or her claim regarding detrimental reliance on

31  erroneous written information provided by the employing agency

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  relating to pay and benefits, provided such remedy is within

 2  the purview of the agency's authority.  The agency has no

 3  authority whatsoever to modify the state retirement system or

 4  the state insurance program.  Any monetary remedy afforded by

 5  the agency must fall within the agency's budgetary authority.

 6  Any person dissatisfied with the outcome of this process may

 7  file either a grievance pursuant to the agency's internal

 8  grievance process or an appeal to the Division of

 9  Administrative Hearings pursuant to chapter 120, but not both.

10         (3)  The time limit to file any action to recover

11  compensation, including, but not limited to, salaries, wages,

12  overtime pay, fringe benefits, or damages or penalties

13  relating thereto from, by, or on behalf of a state officer or

14  employee is 2 years from the date of the alleged error. This

15  time limit applies in all disputes over compensation for work

16  performed by state officers or employees, and is not confined

17  to cases arising under subsections (1) and (2).

18         Section 6.  Subsection (2), paragraphs (a), (e), and

19  (h) of subsection (3), paragraphs (a) and (e) of subsection

20  (4), and subsections (5) and (9) of section 110.123, Florida

21  Statutes, are amended, and subsections (12) and (13) are added

22  to that section, to read:

23         110.123  State group insurance program.--

24         (2)  DEFINITIONS.--As used in this section, the term:

25         (a)  "Department" means the Department of Management

26  Services.

27         (b)  "Division" means the Division of State Group

28  Insurance in the department.

29         (c)  "Enrollee" means all state officers and employees,

30  retired state officers and employees, and surviving spouses of

31  deceased state officers and employees, and terminated

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  employees or individuals with continuation coverage who are

 2  enrolled in an insurance plan offered by the state group

 3  insurance program.

 4         (d)  "Full-time state employees" includes all full-time

 5  employees of all branches or agencies of state government

 6  holding salaried positions and paid by state warrant or from

 7  agency funds, and employees paid from regular salary

 8  appropriations for 8 months' employment, including university

 9  personnel on academic contracts, but in no case shall "state

10  employee" or "salaried position" include persons paid from

11  other-personal-services (OPS) funds.

12         (e)  "Health maintenance organization" or "HMO" means

13  an entity certified under part I of chapter 641.

14         (f)  "Health plan member" means any person

15  participating in the state group health insurance plan or in a

16  health maintenance organization plan under the state group

17  insurance program, including enrollees and covered dependents

18  thereof.

19         (g)(f)  "Part-time state employee" means any employee

20  of any branch or agency of state government paid by state

21  warrant from salary appropriations or from agency funds, and

22  who is employed for less than the normal full-time workweek

23  established by the department or, if on academic contract or

24  seasonal or other type of employment which is less than

25  year-round, is employed for less than 8 months during any

26  12-month period, but in no case shall "part-time" employee

27  include a person paid from other-personal-services (OPS)

28  funds.

29         (h)(g)  "Retired state officer or employee" or

30  "retiree" means any state officer or state employee who

31  retires under a state retirement system or a state optional

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  annuity or retirement program or is placed on disability

 2  retirement, and who was insured under the state group

 3  insurance program at the time of retirement, and who begins

 4  receiving retirement benefits immediately after retirement

 5  from state office or employment.

 6         (i)(h)  "State agency" or "agency" means any branch,

 7  department, or agency of state government.

 8         (j)  "State-contracted HMO" means any health

 9  maintenance organization under contract with the division to

10  participate in the state group insurance program.

11         (k)(i)  "State group health insurance plan" or "state

12  plan" means the state self-insured health insurance plan

13  offered to state officers and employees, retired state

14  officers and employees, and surviving spouses of deceased

15  state officers and employees pursuant to this section.

16         (l)(j)  "State group insurance program" or "programs"

17  means the package of insurance plans offered to state officers

18  and employees, retired state officers and employees, and

19  surviving spouses of deceased state officers and employees

20  pursuant to this section, including the state group health

21  insurance plan, health maintenance organization plans, and

22  other plans required or authorized by this section.

23         (m)(k)  "State officer" means any constitutional state

24  officer, any elected state officer paid by state warrant, or

25  any appointed state officer who is commissioned by the

26  Governor and who is paid by state warrant.

27         (n)(l)  "Surviving spouse" means the widow or widower

28  of a deceased state officer, full-time state employee,

29  part-time state employee, or retiree if such widow or widower

30  was covered as a dependent under the state group health

31  insurance plan or a health maintenance organization plan

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  established pursuant to this section at the time of the death

 2  of the deceased officer, employee, or retiree.  "Surviving

 3  spouse" also means any widow or widower who is receiving or

 4  eligible to receive a monthly state warrant from a state

 5  retirement system as the beneficiary of a state officer,

 6  full-time state employee, or retiree who died prior to July 1,

 7  1979.  For the purposes of this section, any such widow or

 8  widower shall cease to be a surviving spouse upon his or her

 9  remarriage.

10         (3)  STATE GROUP INSURANCE PROGRAM.--

11         (a)  The Division of State Group Insurance is created

12  within the Department of Management Services, to be headed by

13  a director who shall be appointed by the Governor and

14  confirmed by the Senate.  The division shall be a separate

15  budget entity, and the director shall be its agency head for

16  all purposes.

17         1.  The director and assistant director shall be exempt

18  from the Career Service System as provided under s.

19  110.205(2)(i) of the state personnel law. In addition to the

20  20 policymaking positions allocated to the Department of

21  Management Services, under s. 110.205(2)(m), the director, as

22  agency head, may designate as being exempt from the Career

23  Service System a maximum of 10 positions determined by the

24  director to have policymaking or managerial responsibilities

25  comparable to such positions.

26         2.  The Department of Management Services shall provide

27  administrative support and service to the division to the

28  extent requested by the director. The division shall not be

29  subject to control, supervision, or direction by the

30  Department of Management Services in any manner, including,

31  but not limited to, personnel, purchasing, transactions

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  involving real or personal property, and budgetary matters,

 2  except to the extent as provided in this chapter and chapters

 3  216, 255, 282, and 287 for agencies of the executive branch.

 4         (e)1.  Notwithstanding the provisions of chapter 287

 5  and the authority of the Division of Purchasing, for the

 6  purpose of protecting the health of, and providing medical

 7  services to, state employees participating in the state group

 8  insurance program Employees' Health Self-Insurance Plan, the

 9  Division of State Group Insurance may contract to retain the

10  services of professional administrators for the state group

11  insurance program Employees' Health Self-Insurance Plan. The

12  division agency shall follow good purchasing practices of

13  state procurement to the extent practicable under the

14  circumstances.

15         2.  Each vendor in a major procurement, and any other

16  vendor if the division deems it necessary to protect the

17  state's financial interests, shall, at the time of executing

18  any contract with the division, post an appropriate bond with

19  the division in an amount determined by the division to be

20  adequate to protect the state's interests but not higher than

21  the full amount estimated to be paid annually to the vendor

22  under the contract.

23         3.  Each major contract entered into by the division

24  pursuant to this section shall contain a provision for payment

25  of liquidated damages to the division for material

26  noncompliance by a vendor with a contract provision. The

27  division may require a liquidated damages provision in any

28  contract if the division deems it necessary to protect the

29  state's financial interests.

30         4.  The provisions of s. 120.57(3) apply to the

31  division's contracting process, except:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1         a.  A formal written protest of any decision, intended

 2  decision, or other action subject to protest shall be filed

 3  within 72 hours after receipt of notice of the decision,

 4  intended decision, or other action.

 5         b.  As an alternative to any provision of s. 120.57(3),

 6  the division may proceed with the bid selection or contract

 7  award process if the director of the division department sets

 8  forth, in writing, particular facts and circumstances which

 9  demonstrate the necessity of continuing the procurement

10  process or the contract award process in order to avoid a

11  substantial disruption to the provision of any scheduled

12  insurance services.

13         (h)1.  A person eligible to participate in the state

14  group health insurance program plan may be authorized by rules

15  adopted by the division, in lieu of participating in the state

16  group health insurance plan, to exercise an option to elect

17  membership in a health maintenance organization plan which is

18  under contract with the state in accordance with criteria

19  established by this section and by said rules.  The offer of

20  optional membership in a health maintenance organization plan

21  permitted by this paragraph may be limited or conditioned by

22  rule as may be necessary to meet the requirements of state and

23  federal laws.

24         2.  The division shall contract with health maintenance

25  organizations to participate in the state group insurance

26  program through a request for proposal based upon a premium

27  and a minimum benefit package as follows:

28         a.  A minimum benefit package to be provided by a

29  participating HMO shall include: physician services; inpatient

30  and outpatient hospital services; emergency medical services,

31  including out-of-area emergency coverage; diagnostic

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  laboratory and diagnostic and therapeutic radiologic services;

 2  mental health, alcohol, and chemical dependency treatment

 3  services meeting the minimum requirements of state and federal

 4  law; skilled nursing facilities and services; prescription

 5  drugs; and other benefits as may be required by the division.

 6  Additional services may be provided subject to the contract

 7  between the division and the HMO.

 8         b.  A uniform schedule for deductibles and copayments

 9  may be established for all participating HMOs.

10         c.  Based upon the minimum benefit package and

11  copayments and deductibles contained in sub-subparagraphs a.

12  and b., the division shall issue a request for proposal for

13  all HMOs which are interested in participating in the state

14  group insurance program.  Upon receipt of all proposals, the

15  division may, as it deems appropriate, enter into contract

16  negotiations with HMOs submitting bids. As part of the request

17  for proposal process, the division may require detailed

18  financial data from each HMO which participates in the bidding

19  process for the purpose of determining the financial stability

20  of the HMO.

21         d.  In determining which HMOs to contract with, the

22  division shall, at a minimum, consider:  each proposed

23  contractor's previous experience and expertise in providing

24  prepaid health benefits; each proposed contractor's historical

25  experience in enrolling and providing health care services to

26  participants in the state group insurance program; the cost of

27  the premiums; the plan's ability to adequately provide service

28  coverage and administrative support services as determined by

29  the division; plan benefits in addition to the minimum benefit

30  package; accessibility to providers; and the financial

31  solvency of the plan. Nothing shall preclude the division from

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  negotiating regional or statewide contracts with health

 2  maintenance organization plans when this is cost-effective and

 3  when the division determines the plan has the best overall

 4  benefit package for the service areas involved.  However, no

 5  HMO shall be eligible for a contract if the HMO's retiree

 6  Medicare premium exceeds the retiree rate as set by the

 7  division for the state group health insurance plan.

 8         e.  The division may limit the number of HMOs that it

 9  contracts with in each service area based on the nature of the

10  bids the division receives, the number of state employees in

11  the service area, or and any unique geographical

12  characteristics of the service area. The division shall

13  establish by rule service areas throughout the state.

14         f.  All persons participating in the state group

15  insurance program who are required to contribute towards a

16  total state group health premium shall be subject to the same

17  dollar contribution regardless of whether the enrollee enrolls

18  in the state group health insurance plan or in an HMO plan.

19         3.  The division is authorized to negotiate and to

20  contract with specialty psychiatric hospitals for mental

21  health benefits, on a regional basis, for alcohol, drug abuse,

22  and mental and nervous disorders. The division may establish,

23  subject to the approval of the Legislature pursuant to

24  subsection (5), any such regional plan upon completion of an

25  actuarial study to determine any impact on plan benefits and

26  premiums.

27         4.  In addition to contracting pursuant to subparagraph

28  2., the division shall enter into contract with any HMO to

29  participate in the state group insurance program which:

30         a.  Serves greater than 5,000 recipients on a prepaid

31  basis under the Medicaid program;

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1         b.  Does not currently meet the 25 percent

 2  non-Medicare/non-Medicaid enrollment composition requirement

 3  established by the Department of Health and Human Services

 4  excluding participants enrolled in the state group insurance

 5  program;

 6         c.  Meets the minimum benefit package and copayments

 7  and deductibles contained in sub-subparagraphs 2.a. and b.;

 8         d.  Is willing to participate in the state group

 9  insurance program at a cost of premiums that is not greater

10  than 95 percent of the cost of HMO premiums accepted by the

11  division in each service area; and

12         e.  Meets the minimum surplus requirements of s.

13  641.225.

14

15  The division is authorized to contract with HMOs that meet the

16  requirements of sub-subparagraphs a. through d. prior to the

17  open enrollment period for state employees.  The division is

18  not required to renew the contract with the HMOs as set forth

19  in this paragraph more than twice. Thereafter, the HMOs shall

20  be eligible to participate in the state group insurance

21  program only through the request for proposal process

22  described in subparagraph 2.

23         5.  All enrollees in the state group health insurance

24  plan or any health maintenance organization plan shall have

25  the option of changing to any other health plan which is

26  offered by the state within any open enrollment period

27  designated by the division. Open enrollment shall be held at

28  least once each calendar year.

29         6.  Any HMO participating in the state group insurance

30  program shall, upon the request of the division, submit to the

31  division standardized data for the purpose of comparison of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  the appropriateness, quality, and efficiency of care provided

 2  by the HMO. Such standardized data shall include:  membership

 3  profiles; inpatient and outpatient utilization by age and sex,

 4  type of service, provider type, and facility; and emergency

 5  care experience. Requirements and timetables for submission of

 6  such standardized data and such other data as the division

 7  deems necessary to evaluate the performance of participating

 8  HMOs shall be adopted by rule.

 9         7.  The division shall, after consultation with

10  representatives from each of the unions representing state and

11  university employees, establish a comprehensive package of

12  insurance benefits including, but not limited to, supplemental

13  health and life coverage, dental care, long-term care, and

14  vision care to allow state employees the option to choose the

15  benefit plans which best suit their individual needs.

16         a.  Based upon a desired benefit package, the division

17  shall issue a request for proposal for health insurance

18  providers interested in participating in the state group

19  insurance program, and the division shall issue a request for

20  proposal for insurance providers interested in participating

21  in the non-health-related components of the state group

22  insurance program.  Upon receipt of all proposals, the

23  division may enter into contract negotiations with insurance

24  providers submitting bids or negotiate a specially designed

25  benefit package. Insurance providers offering or providing

26  supplemental coverage as of May 30, 1991, which qualify for

27  pretax benefit treatment pursuant to s. 125 of the Internal

28  Revenue Code of 1986, with 5,500 or more state employees

29  currently enrolled may be included by the division in the

30  supplemental insurance benefit plan established by the

31  division without participating in a request for proposal,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  submitting bids, negotiating contracts, or negotiating a

 2  specially designed benefit package.  These contracts shall

 3  provide state employees with the most cost-effective and

 4  comprehensive coverage available; however, no state or agency

 5  funds shall be contributed toward the cost of any part of the

 6  premium of such supplemental benefit plans.

 7         b.  Pursuant to the applicable provisions of s.

 8  110.161, and s. 125 of the Internal Revenue Code of 1986, the

 9  division shall enroll in the pretax benefit program those

10  state employees who voluntarily elect coverage in any of the

11  supplemental insurance benefit plans as provided by

12  sub-subparagraph a.

13         c.  Nothing herein contained shall be construed to

14  prohibit insurance providers from continuing to provide or

15  offer supplemental benefit coverage to state employees as

16  provided under existing agency plans.

17         (4)  PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE;

18  LIMITATION ON ACTIONS TO PAY AND COLLECT PREMIUMS.--

19         (a)  Except as provided in paragraph (e) with respect

20  to law enforcement officers, correctional, and correctional

21  probation officers, and firefighters, legislative

22  authorization through the appropriations act is required for

23  payment by a state agency of any part of the premium cost of

24  participation in any group insurance plan.  However, the state

25  contribution for full-time employees or part-time permanent

26  employees shall continue in the respective proportions for up

27  to 6 months for any such officer or employee who has been

28  granted an approved parental or medical leave of absence

29  without pay.

30         (e)  No state contribution for the cost of any part of

31  the premium shall be made for retirees or surviving spouses

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  for any type of coverage under the state group insurance

 2  program. However, any state agency that employs a full-time

 3  law enforcement officer, correctional officer, or correctional

 4  probation officer who is killed or suffers catastrophic injury

 5  in the line of duty as provided in s. 112.19, or a full-time

 6  firefighter who is killed or suffers catastrophic injury in

 7  the line of duty as provided in s. 112.191, on or after July

 8  1, 1980, as a result of an act of violence inflicted by

 9  another person while the officer is engaged in the performance

10  of law enforcement duties or as a result of an assault against

11  the officer under riot conditions shall pay the entire premium

12  of the state group health insurance plan for the employee's

13  surviving spouse until remarried, and for each dependent child

14  of the employee subject to the conditions and limitations set

15  forth in s. 112.19 or s. 112.191, as applicable until the

16  child reaches the age of majority or until the end of the

17  calendar year in which the child reaches the age of 25 if:

18         1.  At the time of the employee's death, the child is

19  dependent upon the employee for support; and

20         2.  The surviving child continues to be a dependent for

21  support, or the surviving child is a full-time or part-time

22  student and is dependent for support.

23         (5)  DIVISION OF STATE GROUP INSURANCE; POWERS AND

24  DUTIES.--The division is responsible for the administration of

25  the state group insurance program.  The division shall

26  initiate and supervise the program as established by this

27  section and shall adopt such rules as are necessary to perform

28  its responsibilities.  To implement this program, the division

29  shall, with prior approval by the Legislature:

30         (a)  Determine the benefits to be provided and the

31  contributions to be required for the state group insurance

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  program. Such determinations, whether for a contracted plan or

 2  a self-insurance plan pursuant to paragraph (c), do not

 3  constitute rules within the meaning of s. 120.52 or final

 4  orders within the meaning of s. 120.52. Any physician's fee

 5  schedule used in the health and accident plan shall not be

 6  available for inspection or copying by medical providers or

 7  other persons not involved in the administration of the

 8  program. However, in the determination of the design of the

 9  program, the division shall consider existing and

10  complementary benefits provided by the Florida Retirement

11  System and the Social Security System.

12         (b)  Prepare, in cooperation with the Department of

13  Insurance, the specifications necessary to implement the

14  program.

15         (c)  Contract on a competitive proposal basis with an

16  insurance carrier or carriers, or professional administrator,

17  determined by the Department of Insurance to be fully

18  qualified, financially sound, and capable of meeting all

19  servicing requirements.  Alternatively, the division may

20  self-insure any plan or plans contained in the state group

21  insurance program subject to approval based on actuarial

22  soundness by the Department of Insurance.  The division may

23  contract with an insurance company or professional

24  administrator qualified and approved by the Department of

25  Insurance to administer such plan. Before entering into any

26  contract, the division shall advertise for competitive

27  proposals, and such contract shall be let upon the

28  consideration of the benefits provided in relationship to the

29  cost of such benefits. In determining which entity to contract

30  with, the division shall, at a minimum, consider:  the

31  entity's previous experience and expertise in administering

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  group insurance programs of the type it proposes to

 2  administer; the entity's ability to specifically perform its

 3  contractual obligations in this state and other governmental

 4  jurisdictions; the entity's anticipated administrative costs

 5  and claims experience; the entity's capability to adequately

 6  provide service coverage and sufficient number of experienced

 7  and qualified personnel in the areas of claims processing,

 8  recordkeeping, and underwriting, as determined by the

 9  division; the entity's accessibility to state employees and

10  providers; the financial solvency of the entity, using

11  accepted business sector measures of financial performance.

12  The division may contract for medical services which will

13  improve the health or reduce medical costs for employees who

14  participate in the state group insurance plan.

15         (d)  With respect to the state group health insurance

16  plan, be authorized to require copayments with respect to all

17  providers under the plan.

18         (e)  Have authority to establish a voluntary program

19  for comprehensive health maintenance, which may include health

20  educational components and health appraisals.

21         (f)  With respect to any contract with an insurance

22  carrier or carriers or professional administrator entered into

23  by the division, require that the state and the enrollees be

24  held harmless and indemnified for any financial loss caused by

25  the failure of the insurance carrier or professional

26  administrator to comply with the terms of the contract.

27         (g)  With respect to any contract with an insurance

28  carrier or carriers, or professional administrator entered

29  into by the division, require that the carrier or professional

30  administrator provide written notice to individual enrollees

31  if any payment due to any health care provider of the enrollee

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  remains unpaid beyond a period of time as specified in the

 2  contract.

 3         (h)  Have authority to establish a voluntary group

 4  long-term care program or other programs to be funded on a

 5  pretax contribution basis or on a posttax contribution basis,

 6  as the division determines.

 7

 8  Final decisions concerning enrollment, the existence of

 9  coverage, or covered benefits under the state group health

10  insurance program plan shall not be delegated or deemed to

11  have been delegated by the division.

12         (9)  PUBLIC RECORDS LAW; EXEMPTION.--Patient medical

13  records and medical claims records of state employees, former

14  state employees, and their eligible covered dependents in the

15  custody or control of the state group insurance program are

16  confidential and exempt from the provisions of s. 119.07(1).

17  Such records shall not be furnished to any person other than

18  the affected state employee or former state employee, or his

19  or her the employee's legal representative, except upon

20  written authorization of the employee or former state

21  employee, but may be furnished in any civil or criminal

22  action, unless otherwise prohibited by law, upon the issuance

23  of a subpoena from a court of competent jurisdiction and

24  proper notice to the state employee, former state employee, or

25  his or her the employee's legal representative by the party

26  seeking such records.

27         Section 7.  Section 110.12315, Florida Statutes, is

28  amended to read:

29         (Substantial rewording of section. See

30         s. 110.12315, F.S., for present text.)

31         110.12315  Prescription drug program.--The state

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  employees' prescription drug program is hereby established.

 2  This program shall be administered by the Division of State

 3  Group Insurance within the Department of Management Services,

 4  according to the terms and conditions of the plan as

 5  established by the Division of State Group Insurance and by

 6  relevant provisions of the annual General Appropriations Act

 7  and implementing legislation, subject to the following

 8  conditions:

 9         (1)  The Division of State Group Insurance shall allow

10  prescriptions written by health care providers under the plan

11  to be filled by any licensed pharmacy pursuant to contractual

12  claims-processing provisions. However, nothing in this section

13  shall be construed as prohibiting a mail order prescription

14  drug program distinct from the service provided by retail

15  pharmacies.

16         (2)  In providing for reimbursement of pharmacies for

17  prescription medicines dispensed to members of the state group

18  health insurance plan and their dependents under the state

19  employees' prescription drug program:

20         (a)  Retail pharmacies participating in the program

21  shall be reimbursed at a uniform rate and subject to uniform

22  conditions, according to the terms and conditions of the plan.

23         (b)  There shall be a 30-day supply limit for

24  prescription card purchases; there shall be a 90-day supply

25  limit for mail order or mail order prescription drug

26  purchases.

27         (c)  The current pharmacy dispensing fee shall remain

28  in effect.

29         (3)  The Division of State Group Insurance shall

30  establish the reimbursement schedule for prescription

31  pharmaceuticals dispensed under the program.  Reimbursement

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  rates for a prescription pharmaceutical shall be based on the

 2  cost of the generic equivalent drug if a generic equivalent

 3  exists, unless the physician prescribing the pharmaceutical

 4  clearly states on the prescription that the brand name drug is

 5  medically necessary or that the drug product is included on

 6  the formulary of drug products that may not be interchanged as

 7  provided in chapter 465, in which case, reimbursement shall be

 8  based on the cost of the brand name drug as specified in the

 9  reimbursement schedule adopted by the Division of State Group

10  Insurance.

11         (4)  The Division of State Group Insurance shall

12  conduct a prescription utilization review program.  In order

13  to participate in the state employees' prescription drug

14  program, retail pharmacies dispensing prescription medicines

15  to members of the state group health insurance plan or their

16  covered dependents, or to subscribers or covered dependents of

17  a health maintenance organization plan under the state group

18  insurance program, shall be required to make their records

19  available for this review.

20         (5)  The Division of State Group Insurance shall

21  implement such additional cost saving measures and adjustments

22  as may be required to balance program funding within

23  appropriations provided, including, but not limited to, a

24  trial or starter dose program and dispensing of long-term

25  maintenance medication in lieu of acute therapy medication.

26         (6)  Participating pharmacies must use a point-of-sale

27  device or an on-line computer system to verify a participant's

28  eligibility for coverage. The state is not liable for

29  reimbursement of a participating pharmacy for dispensing

30  prescription drugs to any person whose current eligibility for

31  coverage has not been verified by the state's contracted

                                  22
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  administrator or by the Division of State Group Insurance.

 2         Section 8.  Section 110.1232, Florida Statutes, is

 3  amended to read:

 4         110.1232  Health insurance coverage for persons retired

 5  under state-administered retirement systems before January 1,

 6  1976, and for spouses.--Notwithstanding any provisions of law

 7  to the contrary, the Division of State Group Insurance shall

 8  provide health insurance coverage under in the state group

 9  Health insurance program Plan for persons who retired prior to

10  January 1, 1976, under any of the state-administered

11  retirement systems and who are not covered by social security

12  and for the spouses and surviving spouses of such retirees who

13  are also not covered by social security.  Such health

14  insurance coverage shall provide the same benefits as provided

15  to other retirees who are entitled to participate under s.

16  110.123. The claims experience of this group shall be

17  commingled with the claims experience of other members covered

18  under s. 110.123.

19         Section 9.  Subsection (1) of section 110.1234, Florida

20  Statutes, is amended to read:

21         110.1234  Health insurance for retirees under the

22  Florida Retirement System; Medicare supplement and fully

23  insured coverage.--

24         (1)  The Division of State Group Insurance shall

25  solicit competitive bids from state-licensed insurance

26  companies to provide and administer a fully insured Medicare

27  supplement policy for all eligible retirees of a state or

28  local public employer. Such Medicare supplement policy shall

29  meet the provisions of ss. 627.671-627.675.  For the purpose

30  of this subsection, "eligible retiree" means any public

31  employee who retired from a state or local public employer who

                                  23
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  is covered by Medicare, Parts A and B. The division department

 2  shall authorize one company to offer the Medicare supplement

 3  coverage to all eligible retirees. All premiums shall be paid

 4  by the retiree.

 5         Section 10.  Section 110.1238, Florida Statutes, is

 6  amended to read:

 7         110.1238  State group health insurance plans; refunds

 8  with respect to overcharges by providers.--A participant in a

 9  state group health insurance plan who discovers that he or she

10  was overcharged by a health care provider shall receive a

11  refund of 50 percent of any amount recovered as a result of

12  such overcharge, up to a maximum of $1,000 per admission.

13         Section 11.  Section 110.1245, Florida Statutes, is

14  amended to read:

15         110.1245  Meritorious service awards program.--

16         (1)  The Department of Management Services shall set

17  policy, develop procedures, and promote a program of

18  meritorious service awards, incentives, and recognition to

19  employees who:

20         (a)  Propose procedures or ideas which are adopted and

21  which will result in increasing productivity, in eliminating

22  or reducing state expenditures or improving operations, or in

23  generating additional revenues, provided such proposals are

24  placed in effect and can be implemented under current

25  statutory authority; or

26         (b)  By their superior accomplishments, make

27  exceptional contributions to the efficiency, economy, or other

28  improvement in the operations of the state government.

29

30  Every state agency, unless otherwise provided by law, shall

31  participate in the program.  The Chief Justice shall have the

                                  24
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  authority to establish a meritorious service awards program

 2  for employees of the judicial branch within the parameters

 3  established in this section.  The component of the program

 4  specified in paragraph (a) shall apply to all employees within

 5  the Career Service System, the Selected Exempt Service System,

 6  and comparable employees within the judicial branch.  The

 7  component of the program specified in paragraph (b) shall

 8  apply to all employees of the state.  No award granted under

 9  the component of the program described in paragraph (a) shall

10  exceed 10 percent of the first year's actual savings or actual

11  revenue increase, up to $25,000, plus applicable taxes, unless

12  a larger award is made by the Legislature, and shall be paid

13  from the appropriation available to the judicial branch or

14  state agency affected by the award or from any specific

15  appropriation therefor.  No award granted under the component

16  of the program described in paragraph (b) shall exceed $1,000

17  plus applicable taxes per individual employee. The judicial

18  branch or an agency may award savings bonds or other items in

19  lieu of cash awards, provided that the cost of such item does

20  not exceed the limits specified in this subsection.  In

21  addition, the judicial branch or a state agency may award

22  certificates, pins, plaques, letters of commendation, and

23  other tokens of recognition of meritorious service to an

24  employee eligible for recognition under either component of

25  the program, provided that the award may not cost in excess of

26  $100 $75 each plus applicable taxes.

27         (2)  The department and the judicial branch shall

28  submit annually to the President of the Senate and the Speaker

29  of the House of Representatives information that by April 1 of

30  each year a report which outlines each agency's level of

31  participation in the meritorious service awards program.  The

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  information must report shall include, but is not be limited

 2  to:

 3         (a)  The number of proposals made.

 4         (b)  The number of awards made to employees for adopted

 5  proposals.

 6         (c)  The actual cost savings realized as a result of

 7  implementing employee proposals.

 8         (d)  Total expenditures incurred by the agency for

 9  providing awards to employees for adopted proposals.

10         (e)  The number of employees recognized for superior

11  accomplishments.

12         (f)  The number of employees recognized for

13  satisfactory service to the state.

14         (3)  Each department head is authorized to incur

15  expenditures to award suitable framed certificates, pins, and

16  other tokens of recognition to retiring state employees whose

17  service with the state has been satisfactory, in appreciation

18  and recognition of such service.  Such awards may not cost in

19  excess of $100 $50 each plus applicable taxes.

20         (4)  Each department head is authorized to incur

21  expenditures to award suitable framed certificates, pins, or

22  other tokens of recognition to state employees who have

23  achieved increments of 5 years of satisfactory service in the

24  agency or to the state, in appreciation and recognition of

25  such service.  Such awards may not cost in excess of $50 $10

26  each plus applicable taxes.

27         (5)  Each department head is authorized to incur

28  expenditures not to exceed $100 $50 each plus applicable taxes

29  for suitable framed certificates, plaques, or other tokens of

30  recognition to any appointed member of a state board or

31  commission whose service to the state has been satisfactory,

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  in appreciation and recognition of such service upon the

 2  expiration of such board or commission member's final term in

 3  such position.

 4         Section 12.  Subsections (5), (6), and (7) of section

 5  110.161, Florida Statutes, are amended to read:

 6         110.161  State employees; pretax benefits program.--

 7         (5)  The Division of State Group Insurance shall

 8  develop rules for the pretax benefits program, which shall

 9  specify the benefits to be offered under the program, the

10  continuing tax-exempt status of the program, and any other

11  matters deemed necessary by the division department to

12  implement this section. The rules must be approved by a

13  majority vote of the Administration Commission.

14         (6)  The Division of State Group Insurance is

15  authorized to administer the establish a pretax benefits

16  program established for all employees so that whereby

17  employees may would receive benefits which are not includable

18  in gross income under the Internal Revenue Code of 1986.  The

19  pretax benefits program: shall be implemented in phases.

20         (a)  Phase one Shall allow employee contributions to

21  premiums for the state group insurance health program

22  administered under s. 110.123 and state life insurance to be

23  paid on a pretax basis unless an employee elects not to

24  participate.

25         (b)  Phase two Shall allow employees to voluntarily

26  establish expense reimbursement plans from their salaries on a

27  pretax basis to pay for qualified medical and dependent care

28  expenses, including premiums paid by employees for qualified

29  supplemental insurance.

30         (c)  Phase two May also provide for the payment of such

31  premiums through a pretax payroll procedure as used in phase

                                  27
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  one. The Administration Commission and the Division of State

 2  Group Insurance are directed to take all actions necessary to

 3  preserve the tax-exempt status of the program.

 4         (7)  The Legislature recognizes that a substantial

 5  amount of the employer savings realized by the implementation

 6  of a pretax benefits program will be the result of diminutions

 7  in the state's employer contribution to the Federal Insurance

 8  Contributions Act tax. There is hereby created the Pretax

 9  Benefits Trust Fund in the Division of State Group Insurance.

10  Each agency shall transfer to the Pretax Benefits Trust Fund

11  the employer FICA contributions saved by the state as a result

12  of the implementation of the pretax benefits program

13  authorized pursuant to this section. Any moneys forfeited

14  pursuant to employees' salary reduction agreements to

15  participate in phase one or phase two of the program must also

16  be deposited in the Pretax Benefits Trust Fund. Moneys in the

17  Pretax Benefits Trust Fund shall be used for the pretax

18  benefits program, including its administration by the Division

19  of State Group Insurance Department of Management Services or

20  a third-party administrator.

21         Section 13.  Paragraph (b) of subsection (2) of section

22  110.181, Florida Statutes, is amended to read:

23         110.181  Florida State Employees' Charitable

24  Campaign.--

25         (2)  SELECTION OF FISCAL AGENTS; COST.--

26         (b)  The fiscal agent shall withhold the reasonable

27  costs for conducting the campaign and for accounting and

28  distribution to the participating organizations and shall

29  reimburse the department the actual cost, not to exceed 1

30  percent of gross pledges, for coordinating the campaign in

31  accordance with the rules of the department. In any fiscal

                                  28
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  year in which the Legislature specifically appropriates to the

 2  department its total costs for coordinating the campaign from

 3  the General Revenue Fund, the fiscal agent shall not reimburse

 4  such costs to the department under this subsection. Otherwise,

 5  reimbursement will be the difference between actual costs and

 6  the amount appropriated.

 7         Section 14.  Subsection (5) is added to section

 8  110.201, Florida Statutes, to read:

 9         110.201  Personnel rules, records, and reports.--

10         (5)  The department shall develop a workforce report

11  that contains data with regard to the state's human resources.

12  The report should identify trends for planning and improving

13  the management of the state's human resources. The department

14  shall submit this report annually to the Governor, the

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

16  Representatives.

17         Section 15.  Paragraphs (i) and (m) of subsection (2)

18  of section 110.205, Florida Statutes, are amended to read:

19         110.205  Career service; exemptions.--

20         (2)  EXEMPT POSITIONS.--The exempt positions which are

21  not covered by this part include the following, provided that

22  no position, except for positions established for a limited

23  period of time pursuant to paragraph (h), shall be exempted if

24  the position reports to a position in the career service:

25         (i)  The appointed secretaries, assistant secretaries,

26  deputy secretaries, and deputy assistant secretaries of all

27  departments; the executive directors, assistant executive

28  directors, deputy executive directors, and deputy assistant

29  executive directors of all departments; and the directors of

30  all divisions and those positions determined by the department

31  to have managerial responsibilities comparable to such

                                  29
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  positions, which positions include, but are not limited to,

 2  program directors, assistant program directors, district

 3  administrators, deputy district administrators, the Director

 4  of Central Operations Services of the Department of Health and

 5  Rehabilitative Services, the assistant director of the

 6  Division of State Group Insurance and the assistant director

 7  of the Division of Retirement of the Department of Management

 8  Services, and the State Transportation Planner, State Highway

 9  Engineer, State Public Transportation Administrator, district

10  secretaries, district directors of planning and programming,

11  production, and operations, and the managers of the offices

12  specified in s. 20.23(3)(d)2., of the Department of

13  Transportation.  Unless otherwise fixed by law, the department

14  shall set the salary and benefits of these positions in

15  accordance with the rules of the Senior Management Service.

16         (m)1.  In addition to those positions exempted by other

17  paragraphs of this subsection, each department head may

18  designate a maximum of 20 policymaking or managerial

19  positions, as defined by the department and approved by the

20  Administration Commission, as being exempt from the Career

21  Service System.  Career service employees who occupy a

22  position designated as a position in the Selected Exempt

23  Service under this paragraph shall have the right to remain in

24  the Career Service System by opting to serve in a position not

25  exempted by the employing agency.  Unless otherwise fixed by

26  law, the department shall set the salary and benefits of these

27  positions in accordance with the rules of the Selected Exempt

28  Service; provided, however, that if the agency head determines

29  that the general counsel, chief Cabinet aide, public

30  information administrator or comparable position for a Cabinet

31  officer, inspector general, or legislative affairs director

                                  30
    4:48 PM   03/31/98                              s1132c1c-34k7w




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  has both policymaking and managerial responsibilities and if

 2  the department determines that any such position has both

 3  policymaking and managerial responsibilities, the salary and

 4  benefits for each such position shall be established by the

 5  department in accordance with the rules of the Senior

 6  Management Service. In addition, each department may designate

 7  one additional position in the Senior Management Service if

 8  that position reports directly to the agency head or to a

 9  position in the Senior Management Service and if any

10  additional costs are absorbed from the existing budget of that

11  department.

12         2.  If otherwise exempt, employees of the Public

13  Employees Relations Commission, the Commission on Human

14  Relations, and the Unemployment Appeals Commission, upon the

15  certification of their respective commission heads, may be

16  provided for under this paragraph as members of the Senior

17  Management Service, if otherwise qualified.  However, the

18  deputy general counsels of the Public Employees Relations

19  Commission shall be compensated as members of the Selected

20  Exempt Service.

21         Section 16.  Subsection (4) of section 110.235, Florida

22  Statutes, is amended to read:

23         110.235  Training.--

24         (4)  Each employing agency shall annually evaluate and

25  report to the department the training it has implemented and

26  the progress it has made in the area of training. The

27  department shall review and consolidate the information

28  reported to it by the agencies and shall annually report the

29  progress of the agencies in training to the Governor, the

30  President of the Senate, and the Speaker of the House of

31  Representatives.

                                  31
    4:48 PM   03/31/98                              s1132c1c-34k7w




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1         Section 17.  Subsection (5) of section 110.503, Florida

 2  Statutes, is amended to read:

 3         110.503  Responsibilities of departments and

 4  agencies.--Each department or agency utilizing the services of

 5  volunteers shall:

 6         (5)  Provide for the recognition of volunteers who have

 7  offered continuous and outstanding service to

 8  state-administered programs. Each department or agency using

 9  the services of volunteers is authorized to incur expenditures

10  not to exceed $75 each plus applicable taxes for suitable

11  framed certificates, plaques, or other tokens of recognition

12  to honor, reward, or encourage volunteers for their service.

13         Section 18.  Subsection (6) of section 110.504, Florida

14  Statutes, is amended to read:

15         110.504  Volunteer benefits.--

16         (6)  Incidental recognition benefits or incidental

17  nonmonetary awards may be furnished to volunteers serving in

18  state departments to award, recognize, or encourage volunteers

19  for their service. The awards may not cost in excess of $75

20  each plus applicable taxes.

21         Section 19.  Paragraph (f) of subsection (3) and

22  subsections (12) and (13) of section 112.061, Florida

23  Statutes, are amended to read:

24         112.061  Per diem and travel expenses of public

25  officers, employees, and authorized persons.--

26         (3)  AUTHORITY TO INCUR TRAVEL EXPENSES.--

27         (f)  A traveler who becomes sick or injured while away

28  from his or her official headquarters and is therefore unable

29  to perform the official business of the agency may continue to

30  receive subsistence as provided in subsection (6) during this

31  period of illness or injury until such time as he or she is

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  able to perform the official business of the agency or returns

 2  to his or her official headquarters, whichever is earlier.

 3  Such subsistence may be paid when approved by the agency head

 4  or his or her designee.

 5         (12)  ADVANCEMENTS.--Notwithstanding any of the

 6  foregoing restrictions and limitations, an agency head or his

 7  or her designee may make, or authorize the making of, advances

 8  to cover anticipated costs of travel to travelers.  Such

 9  advancements may include the costs of subsistence and travel

10  of any person transported in the care or custody of the

11  traveler in the performance of his or her duties.

12         (13)  DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever

13  an agency requires an employee to incur either Class A or

14  Class B travel on emergency notice to the traveler, such

15  traveler may request the agency to pay his or her expenses for

16  meals and lodging directly to the vendor, and the agency may

17  pay the vendor the actual expenses for meals and lodging

18  during the travel period, limited to an amount not to exceed

19  that authorized pursuant to this section. In emergency

20  situations, the agency head or his or her designee may

21  authorize an increase in the amount paid for a specific meal,

22  provided that the total daily cost of meals does not exceed

23  the total amount authorized for meals each day.  The agency

24  head or his or her designee may also grant prior approval for

25  a state agency to make direct payments of travel expenses in

26  other situations that result in cost savings to the state, and

27  such cost savings shall be documented in the voucher submitted

28  to the Comptroller for the direct payment of travel expenses.

29  The provisions of this subsection shall not be deemed to apply

30  to any legislator or to any employee of either house of the

31  Legislature or of the Joint Legislative Management Committee.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1         Section 20.  Section 121.025, Florida Statutes, is

 2  amended to read:

 3         121.025  Administrator; powers and duties.--The

 4  director of the Division of Retirement shall be the

 5  administrator of the retirement and pension systems assigned

 6  or transferred to the Division of Retirement by law and shall

 7  have the authority to sign the contracts necessary to carry

 8  out the duties and responsibilities assigned by law to the

 9  Division of Retirement. The director and assistant director

10  shall be exempt from the Career Service System as provided

11  under s. 110.205(2)(i) of the state personnel law. In addition

12  to the 20 policymaking positions allocated to the Department

13  of Management Services, under s. 110.205(2)(m), the director,

14  as agency head, may designate as being exempt from the Career

15  Service System a maximum of 10 positions determined by the

16  director to have policymaking or managerial responsibilities

17  comparable to such positions.

18         Section 21.  Subsection (1) of section 215.196, Florida

19  Statutes, is amended to read:

20         215.196  Architects Incidental Trust Fund; creation;

21  assessment.--

22         (1)  There is created the Architects Incidental Trust

23  Fund for the purpose of providing sufficient funds for the

24  operation of the facilities development activities of the

25  Department of Management Services Division of Building

26  Construction.

27         Section 22.  Subsections (5) and (9) of section

28  215.422, Florida Statutes, are amended to read:

29         215.422  Warrants, vouchers, and invoices; processing

30  time limits; dispute resolution; agency or judicial branch

31  compliance.--

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1         (5)  All purchasing agreements between a state agency

 2  or the judicial branch and a vendor, applicable to this

 3  section, shall include a statement of the vendor's rights and

 4  the state's responsibilities under this section.  The vendor's

 5  rights shall include being provided with the name and

 6  telephone number of the vendor ombudsman within the Department

 7  of Banking and Finance, which information shall also be placed

 8  on all agency or judicial branch purchase orders.

 9         (9)  Each agency and the judicial branch shall include

10  in the official position description of every officer or

11  employee who is responsible for the approval or processing of

12  vendors' invoices or distribution of warrants to vendors that

13  the requirements of this section are mandatory.  In addition,

14  each employee shall be required to sign a statement at least

15  annually that he or she has been provided a copy of this

16  section and the rules promulgated by the Comptroller.  The

17  statement shall also acknowledge that the employee understands

18  the approval and processing time limitations and the provision

19  for automatic interest penalty payments.  Each agency and the

20  judicial branch shall certify its compliance with this

21  subsection to the Comptroller on or before February 1 of each

22  year.

23         Section 23.  Paragraph (a) of subsection (5) of section

24  215.94, Florida Statutes, is amended to read:

25         215.94  Designation, duties, and responsibilities of

26  functional owners.--

27         (5)  The Department of Management Services shall be the

28  functional owner of the Cooperative Personnel Employment

29  Subsystem.  The department shall design, implement, and

30  operate the subsystem in accordance with the provisions of ss.

31  110.116 and 215.90-215.96.  The subsystem shall include, but

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  shall not be limited to, functions for:

 2         (a)  Maintenance of employee and position data,

 3  including funding sources and percentages and salary lapse.

 4  The employee data shall include, but not be limited to,

 5  information to meet the payroll system requirements of the

 6  Department of Banking and Finance and to meet the employee

 7  benefit system requirements of the Division of State Group

 8  Employees Insurance in the Department of Management Services.

 9         Section 24.  Paragraph (v) of subsection (1) of section

10  216.011, Florida Statutes, is amended to read:

11         216.011  Definitions.--

12         (1)  For the purpose of fiscal affairs of the state,

13  appropriations acts, legislative budgets, and approved

14  budgets, each of the following terms has the meaning

15  indicated:

16         (v)  "Operating capital outlay" means equipment,

17  fixtures, and other tangible personal property of a

18  nonconsumable and nonexpendable nature, the value or cost of

19  which is $1,000 $500 or more and the normal expected life of

20  which is 1 year or more, and hardback-covered bound books that

21  are circulated to students or the general public, the value or

22  cost of which is $25 or more, and hardback-covered bound

23  books, the value or cost of which is $250 $100 or more.

24         Section 25.  Paragraphs (b) and (k) of subsection (2)

25  of section 255.249, Florida Statutes, are amended to read:

26         255.249  Division of Facilities Management;

27  responsibility; department rules.--

28         (2)  The department shall promulgate rules pursuant to

29  chapter 120 providing:

30         (b)  Procedures for soliciting and accepting

31  competitive proposals for leased space of 5,000 3,000 square

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  feet or more in privately owned buildings, for evaluating the

 2  proposals received, for exemption from competitive bidding

 3  requirements of any lease the purpose of which is the

 4  provision of care and living space for persons or emergency

 5  space needs as provided in s. 255.25(10), and for the securing

 6  of at least three documented quotes for a lease that is not

 7  required to be competitively bid.

 8         (k)  For a lease of less than 5,000 3,000 square feet,

 9  a method for certification by the agency head or the agency

10  head's designated representative that all criteria for leasing

11  have been fully complied with and for the filing of a copy of

12  such lease and all supporting documents with the department

13  for its review and approval as to technical sufficiency.

14         Section 26.  Paragraph (b) of subsection (2) and

15  subsection (3) of section 255.25, Florida Statutes, are

16  amended to read:

17         255.25  Approval required prior to construction or

18  lease of buildings.--

19         (2)

20         (b)  The approval of the Department Division of

21  Facilities Management Services, except for technical

22  sufficiency, need not be obtained for the lease of less than

23  5,000 3,000 square feet of space within a privately owned

24  building, provided the agency head or the agency head's

25  designated representative has certified compliance with

26  applicable leasing criteria as may be provided pursuant to s.

27  255.249(2)(k) and has determined such lease to be in the best

28  interest of the state. Such a lease which is for a term

29  extending beyond the end of a fiscal year is subject to the

30  provisions of ss. 216.311, 255.2502, and 255.2503.

31         (3)(a)  Except as provided in subsection (10) and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  except for those leases negotiated pursuant to the pilot

 2  project for contracted tenant brokers established by the

 3  Department of Management Services in this act, no state agency

 4  shall enter into a lease as lessee for the use of 5,000 3,000

 5  square feet or more of space in a privately owned building

 6  except upon advertisement for and receipt of competitive bids

 7  and award to the lowest and best bidder. The Department of

 8  Management Services Division of Facilities Management shall

 9  have the authority to approve a lease for 5,000 3,000 square

10  feet or more of space that covers more than 1 fiscal year,

11  subject to the provisions of ss. 216.311, 255.2501, 255.2502,

12  and 255.2503, if such lease is, in the judgment of the

13  department division, in the best interests of the state.  This

14  paragraph does not apply to buildings or facilities of any

15  size leased for the purpose of providing care and living space

16  for persons.

17         (b)  The Department Division of Facilities Management

18  Services may approve extensions of an existing lease of 5,000

19  3,000 square feet or more of space if such extensions are

20  determined to be in the best interests of the state, but in no

21  case shall the total of such extensions exceed 11 months.  If

22  at the end of the 11th month an agency still needs space, it

23  shall be procured by competitive bid in accordance with s.

24  255.249(2)(b).

25         (c)  Any person who files an action protesting a

26  decision or intended decision pertaining to a competitive bid

27  for space to be leased by the agency pursuant to s.

28  120.57(3)(b) shall post with the state agency at the time of

29  filing the formal written protest a bond payable to the agency

30  in an amount equal to 1 percent of the estimated total rental

31  of the basic lease period or $5,000, whichever is greater

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  less, which bond shall be conditioned upon the payment of all

 2  costs which may be adjudged against him or her in the

 3  administrative hearing in which the action is brought and in

 4  any subsequent appellate court proceeding. If the agency

 5  prevails after completion of the administrative hearing

 6  process and any appellate court proceedings, it shall recover

 7  all costs and charges which shall be included in the final

 8  order or judgment, excluding attorney's fees.  Upon payment of

 9  such costs and charges by the person protesting the award, the

10  bond shall be returned to him or her.  If the person

11  protesting the award prevails, the bond shall be returned to

12  that person and he or she shall recover from the agency all

13  costs and charges which shall be included in the final order

14  of judgment, excluding attorney's fees.

15         Section 27.  Contracted tenant brokers; pilot

16  project.--

17         (1)  The Department of Management Services shall

18  undertake a pilot project in Hillsborough, Leon, Levy, and

19  Orange Counties for a contracted tenant broker to assist state

20  agencies in locating suitable private sector leases. The

21  department shall solicit qualified candidates through the

22  request for proposals process and conduct interviews of

23  finalists. The tenant broker shall be under contract to the

24  department, but all fees or commissions to be paid to the

25  tenant broker shall be paid by the ultimate private sector

26  lessor. The department shall select two brokers in each county

27  in the pilot project. Agencies may employ the services of

28  either broker in any such county for a specified period of

29  time for a given property procurement. Except for the

30  exemption from competitive bidding as described in s.

31  255.25(3)(a), Florida Statutes, current leasing procedures

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  would remain in effect, including the zone rate guidelines.

 2  Brokers shall be required to disclose any conflict of interest

 3  and all compensation received from transactions. Brokers'

 4  compensation shall be no more than what is customarily found

 5  in the marketplace. Contracts between the department and the

 6  brokers shall be for a term of 1 year, renewable for an

 7  additional year based on a satisfactory performance review.

 8  The Department of Management Services is authorized to adopt

 9  such rules as may be necessary to carry out the intent of this

10  section.

11         (2)  In designing the pilot project, the department

12  shall endeavor to accomplish the following goals:

13         (a)  Provide for a faster, more efficient, and

14  cost-effective lease procurement process.

15         (b)  Provide access for agencies to experienced brokers

16  with knowledge of the local marketplace.

17         (c)  Provide a documented, professional cost/benefit

18  analysis of all choices.

19         (d)  Provide for the ability to negotiate the best

20  deal.

21         (e)  Provide the ability to reject any proposal which

22  does not meet the needs of the agency.

23         (f)  Provide that the Department of Management Services

24  shall have final review and approval of all leases to ensure

25  quality control.

26         (3)  On or before July 1, 2000, the Department of

27  Management Services shall report to the Legislature on the

28  effectiveness of the pilot project and shall make

29  recommendations, in the form of legislation, if necessary, for

30  the implementation of the project on a statewide basis.

31         (4)  The pilot project shall stand repealed effective

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  July 1, 2000.

 2         Section 28.  Subsection (2) of section 255.257, Florida

 3  Statutes, is amended to read:

 4         255.257  Energy management plan; buildings occupied by

 5  state agencies.--

 6         (2)  ENERGY CONSUMPTION AND COST DATA.--Each state

 7  agency shall submit, in the form and manner to be prescribed

 8  by the Department Division of Facilities Management Services,

 9  data on energy consumption and cost. The data gathered shall

10  be on state-owned facilities and metered state-leased

11  facilities of 5,000 net square feet or more. These data will

12  be used in the computation of the effectiveness of the state

13  energy management plan and the effectiveness of the energy

14  management program of each of the reporting agencies. The

15  department division shall advise the various agencies on the

16  effectiveness of their energy management programs.

17         Section 29.  Section 255.503, Florida Statutes, is

18  amended to read:

19         255.503  Powers of the Department Division of

20  Facilities Management Services.--

21         (1)  The Department Division of Facilities Management

22  Services shall have all the authority necessary to carry out

23  and effectuate the purposes and provisions of this act,

24  including, but not limited to, the authority to:

25         (a)(1)  Collect reasonable rentals or charges for the

26  use of and services provided for facilities in the pool in

27  accordance with the provisions of this act exclusively for the

28  purpose of paying the expenses of improving, repairing,

29  maintaining, and operating facilities and paying debt service

30  charges in connection with its obligations.

31         (b)(2)  Prescribe for the use of facilities in the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  pool, prescribe the amount of rentals or charges, and make and

 2  enter into contracts with any political subdivision or agency,

 3  for the use of and services provided for such facilities.

 4         (c)(3)  Acquire facilities pursuant to s. 11(e), Art.

 5  VII of the State Constitution and own, operate, and finance

 6  such facilities in accordance with this act through the

 7  issuance of obligations by the division under this act; to

 8  utilize rentals or charges from such facilities, as well as

 9  any appropriated state or other public funds; and to pledge

10  revenue from such facilities to finance the acquisition of

11  facilities pursuant to the provisions of this act.

12         (d)(4)  Operate existing state-owned facilities in the

13  pool and to pledge rentals or charges for such facilities to

14  finance the acquisition of facilities pursuant to the

15  provisions of this act.

16         (e)(5)  Pledge, hypothecate, or otherwise encumber

17  rentals or charges as may be agreed as security for

18  obligations issued under this act and enter into trust

19  agreements or indentures for the benefit of the holders of

20  such obligations.

21         (f)(6)  Borrow money or accept advances, loans, gifts,

22  grants, devises, or bequests from any source; enter into

23  contracts or agreements with any party; and hold and apply

24  advances, loans, gifts, grants, devises, or bequests according

25  to the terms thereof. Such advances, loans, gifts, grants,

26  devises, or bequests of real estate may be in fee simple or of

27  any lesser estate and may be subject to any reasonable

28  reservations.  Any advances or loans received from any source

29  may be repaid in accordance with the terms of such advance or

30  loan.

31         (g)(7)  Sell, lease, release, or otherwise dispose of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  facilities in the pool in accordance with applicable law.

 2         (h)(8)  Create and establish funds and accounts for the

 3  purpose of debt service reserves, for the matching of the

 4  timing and the amount of available funds and debt service

 5  charges, for sinking funds, for capital depreciation reserves,

 6  for operating reserves, for capitalized interest and moneys

 7  not required for immediate disbursement to acquire all or a

 8  portion of any facility, and for any other reserves, funds, or

 9  accounts reasonably necessary to carry out the provisions of

10  this act and to invest in authorized investments any moneys

11  held in such funds and accounts, provided such investments

12  will be made on behalf of the Department Division of

13  Facilities Management Services by the State Board of

14  Administration or the Treasurer, as appropriate.

15         (i)(9)  Engage the services of consultants for

16  rendering professional and technical assistance and advice and

17  to engage services of professionals in connection with the

18  acquisition or financing of any facility or the operation and

19  activities of the Department Division of Facilities Management

20  Services, including attorneys, auditors, consultants, and

21  accountants.

22         (j)(10)  Lease all or any portion of any facility to an

23  agency or to any political subdivision.

24         (k)(11)  Promulgate all rules necessary to implement

25  the provisions of this act.

26         (l)(12)  Do all other acts reasonably necessary to

27  carry out the provisions of this act.

28         (2)  When the Governor, by executive order, declares an

29  emergency, an agency head has the responsibility for the

30  closing of the affected facilities or portions thereof within

31  his or her jurisdiction which are located in the area covered

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  by the executive order. In any other disaster or emergency

 2  condition that may necessitate the closing of facilities in an

 3  area, an agency head has the authority and responsibility to

 4  determine whether the agency offices or facilities or portion

 5  thereof under his or her jurisdiction are affected by the

 6  emergency and should be closed. The Department of Management

 7  Services must approve the closing of any agency facility or

 8  portion thereof for more than 2 consecutive work days. In the

 9  case of a facility operated by the Department of Management

10  Services, either an agency head or the Secretary of Management

11  Services has the authority and responsibility to determine

12  whether agency offices or facilities or any portion thereof

13  are affected by the emergency and are to be closed.

14         Section 30.  Paragraph (a) of subsection (3) of section

15  267.075, Florida Statutes, is amended to read:

16         267.075  The Grove Advisory Council; creation;

17  membership; purposes.--

18         (3)(a)  The Grove Advisory Council shall be composed of

19  eight members, as follows:

20         1.  Five members shall be private citizens appointed by

21  the Secretary of State.

22         2.  One member shall be the Secretary director of the

23  Division of Facilities Management of the Department of

24  Management Services or his or her designee.

25         3.  One member shall be the director of the Division of

26  Historical Resources of the Department of State.

27         4.  At least one member shall be a direct descendant of

28  Mary Call Darby Collins appointed by the Secretary of State

29  with the advice of the oldest living generation of lineal

30  descendants of Mary Call Darby Collins.

31

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  Of the citizen members, at least one member shall have

 2  professional curatorial and museum expertise, one member shall

 3  have professional architectural expertise in the preservation

 4  of historic buildings, and one member shall have professional

 5  landscape expertise. The five citizen members of the council

 6  appointed by the Secretary of State and the member of the

 7  council who is a direct descendant of Mary Call Darby Collins

 8  appointed by the Secretary of State shall be appointed for

 9  staggered 4-year terms. The Secretary of State shall fill the

10  remainder of unexpired terms for the five citizen members of

11  the council and the member of the council who is a direct

12  descendant of Mary Call Darby Collins.

13         Section 31.  Paragraph (a) of subsection (1) of section

14  272.18, Florida Statutes, is amended to read:

15         272.18  Governor's Mansion Commission.--

16         (1)(a)  There is created within the Department of

17  Management Services a Governor's Mansion Commission to be

18  composed of eight members. Five members shall be private

19  citizens appointed by the Governor and subject to confirmation

20  by the Senate; one member shall be the Secretary Director of

21  the Division of Facilities Management of the Department of

22  Management Services or his or her designee; one member shall

23  be the Director of the Division of Recreation and Parks of the

24  Department of Environmental Protection; and one member shall

25  be designated by the Secretary of State and shall be an

26  employee of the Department of State with curatorial and museum

27  expertise. The Governor shall appoint all citizen members for

28  4-year terms. The Governor shall fill vacancies for the

29  remainder of unexpired terms. The spouse of the Governor or

30  the designated representative of the Governor shall be an ex

31  officio member of the commission but shall have no voting

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  rights except in the case of a tie vote.

 2         Section 32.  Section 272.185, Florida Statutes, is

 3  amended to read:

 4         272.185  Maintenance of Governor's Mansion by

 5  Department Division of Facilities Management Services.--

 6         (1)  POWERS AND DUTIES OF DIVISION.--

 7         (a)  The Division of Facilities Management of the

 8  Department of Management Services shall maintain all

 9  structures, furnishings, equipment, and grounds of the

10  Governor's Mansion, except that the exterior facades; the

11  landscaping of the grounds; the antique furnishings in the

12  private quarters; the interiors of the state rooms; and the

13  articles of furniture, fixtures, and decorative objects used

14  or displayed in the state rooms shall be maintained pursuant

15  to the directives of the Governor's Mansion Commission.

16         (2)(b)  The department division shall insure the

17  Governor's Mansion, its contents, and all structures and

18  appurtenances thereto with the State Property Insurance Trust

19  Fund as provided in s. 284.01. The department may division is

20  authorized to purchase any necessary insurance either by a

21  primary insurance contract, excess coverage insurance, or

22  reinsurance to cover the contents of the mansion, whether

23  title of the contents is in the state or in any other person

24  or entity not a resident of the mansion, notwithstanding the

25  provision of s. 287.025.

26         (3)(c)  The department division shall have authority to

27  contract and be contracted with for work and materials

28  required.

29         (4)(d)  The department division shall keep a continuing

30  and accurate inventory of all equipment and furnishings.

31         (2)  FINANCING; BUDGETS.--The division shall submit its

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  budgetary requirements to the Department of Management

 2  Services for its approval and inclusion in legislative budget

 3  requests.

 4         Section 33.  Section 273.02, Florida Statutes, is

 5  amended to read:

 6         273.02  Record and inventory of certain property.--The

 7  word "property" as used in this section means equipment,

 8  fixtures, and other tangible personal property of a

 9  nonconsumable and nonexpendable nature, the value or cost of

10  which is $1,000 $500 or more and the normal expected life of

11  which is 1 year or more, and hardback-covered bound books that

12  are circulated to students or the general public, the value or

13  cost of which is $25 or more, and hardback-covered bound

14  books, the value or cost of which is $250 $100 or more.  Each

15  item of property which it is practicable to identify by

16  marking shall be marked in the manner required by the Auditor

17  General.  Each custodian shall maintain an adequate record of

18  property in his or her custody, which record shall contain

19  such information as shall be required by the Auditor General.

20  Once each year, on July 1 or as soon thereafter as is

21  practicable, and whenever there is a change of custodian, each

22  custodian shall take an inventory of property in his or her

23  custody. The inventory shall be compared with the property

24  record, and all discrepancies shall be traced and reconciled.

25  All publicly supported libraries shall be exempt from marking

26  hardback-covered bound books, as required by this section.

27  The catalog and inventory control records maintained by each

28  publicly supported library shall constitute the property

29  record of hardback-covered bound books with a value or cost of

30  $25 or more included in each publicly supported library

31  collection and shall serve as a perpetual inventory in lieu of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  an annual physical inventory.  All books identified by these

 2  records as missing shall be traced and reconciled, and the

 3  library inventory shall be adjusted accordingly.

 4         Section 34.  Subsection (5) of section 273.055, Florida

 5  Statutes, is amended to read:

 6         273.055  Disposition of state-owned tangible personal

 7  property.--

 8         (5)  All moneys received by the division from the

 9  disposition of state-owned tangible personal property or from

10  any agreement entered into under this chapter must be retained

11  by the custodian and may be disbursed for the acquisition of

12  exchange and surplus property and for all necessary operating

13  expenditures, and are appropriated for those purposes. The

14  custodian shall maintain records of the accounts into which

15  the money is deposited shall be deposited into the General

16  Revenue Fund.

17         Section 35.  Section 281.07, Florida Statutes, is

18  amended to read:

19         281.07  Rules; Facilities Program Division of Capitol

20  Police; traffic regulation.--

21         (1)  The Department of Management Services shall adopt

22  and promulgate rules to govern the administration, operation,

23  and management of the Facilities Program Division of Capitol

24  Police and to regulate traffic and parking on state-owned or

25  state-leased property, which rules are not in conflict with

26  any state law or county or municipal ordinance, and to carry

27  out the provisions of ss. 281.02-281.09.

28         (2)  Political subdivisions and municipalities may

29  enact and enforce ordinances on the violation of traffic and

30  parking rules provided in subsection (1).

31         Section 36.  Subsection (5) is added to section

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  282.105, Florida Statutes, to read:

 2         282.105  Use of state SUNCOM Network by nonprofit

 3  corporations.--

 4         (5)  Private, nonprofit elementary and secondary

 5  schools shall be eligible for rates and services on the same

 6  basis as public schools, providing these nonpublic schools do

 7  not have an endowment in excess of $50 million.

 8         Section 37.  Subsection (4) of section 282.111, Florida

 9  Statutes, is amended to read:

10         282.111  Statewide system of regional law enforcement

11  communications.--

12         (4)  The Secretary of Management Services or his or her

13  designee director of the division is designated as the

14  director of the statewide system of regional law enforcement

15  communications and, for the purpose of carrying out the

16  provisions of this section, is authorized to coordinate the

17  activities of the system with other interested state agencies

18  and local law enforcement agencies.

19         Section 38.  Paragraph (b) of subsection (2) and

20  paragraph (b) of subsection (4) of section 287.042, Florida

21  Statutes, are amended to read:

22         287.042  Powers, duties, and functions.--The Department

23  of Management Services division shall have the following

24  powers, duties, and functions:

25         (2)

26         (b)  As an alternative to any provision in s.

27  120.57(3)(c), the department division may proceed with the bid

28  solicitation or contract award process of a term contract bid

29  when the secretary of the department or his or her designee

30  director of the division sets forth in writing particular

31  facts and circumstances which demonstrate that the delay

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  incident to staying the bid process or contract award process

 2  would be detrimental to the interests of the state.  After the

 3  award of a contract resulting from a bid in which a timely

 4  protest was received and in which the state did not prevail,

 5  the contract may be canceled and reawarded to the prevailing

 6  party.

 7         (4)  To establish a system of coordinated, uniform

 8  procurement policies, procedures, and practices to be used by

 9  agencies in acquiring commodities and contractual services,

10  which shall include, but not be limited to:

11         (b)  Development of procedures for the releasing of

12  requests for proposals, and invitations to bid, and other

13  competitive procurements, which procedures shall include, but

14  not be limited to, publication in the Florida Administrative

15  Weekly or on Government Services Direct the Florida

16  Communities Network of notice for requests for proposals at

17  least 28 days before the date set for submittal of proposals

18  and publication of notice for invitations to bid at least 10

19  calendar days before the date set for submission of bids. An

20  agency may waive the requirement for notice in the Florida

21  Administrative Weekly or on Government Services Direct the

22  Florida Communities Network. Notice of the request for

23  proposals shall be mailed to prospective offerors at least 28

24  calendar days prior to the date for submittal of proposals.

25  Notice of the invitation to bid shall be mailed to prospective

26  bidders at least 10 calendar days prior to the date set for

27  submittal of bids. The Minority Business Advocacy and

28  Assistance Office may consult with agencies regarding the

29  development of bid distribution procedures to ensure that

30  maximum distribution is afforded to certified minority

31  business enterprises as defined in s. 288.703.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1         Section 39.  Paragraph (d) of subsection (3) of section

 2  287.057, Florida Statutes, is amended to read:

 3         287.057  Procurement of commodities or contractual

 4  services.--

 5         (3)  When the purchase price of commodities or

 6  contractual services exceeds the threshold amount provided in

 7  s. 287.017 for CATEGORY TWO, no purchase of commodities or

 8  contractual services may be made without receiving competitive

 9  sealed bids or competitive sealed proposals unless:

10         (d)  When it is in the best interest of the state, the

11  Secretary Department of Management Services or his or her

12  designee may authorize the Support Program director of the

13  division to purchase insurance by negotiation, but such

14  purchase shall be made only under conditions most favorable to

15  the public interest.

16         Section 40.  Paragraph (c) of subsection (1) of section

17  287.058, Florida Statutes, is amended to read:

18         287.058  Contract document.--

19         (1)  Every procurement of contractual services in

20  excess of the threshold amount provided in s. 287.017 for

21  CATEGORY TWO, except for the providing of health and mental

22  health services or drugs in the examination, diagnosis, or

23  treatment of sick or injured state employees or the providing

24  of other benefits as required by the provisions of chapter

25  440, shall be evidenced by a written agreement embodying all

26  provisions and conditions of the procurement of such services,

27  which provisions and conditions shall, where applicable,

28  include, but shall not be limited to:

29         (c)  A provision allowing unilateral cancellation by

30  the agency for refusal by the contractor to allow public

31  access to all documents, papers, letters, or other material

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  subject to the provisions of chapter 119 and made or received

 2  by the contractor in conjunction with the contract. Further

 3  agreements between the contractor, subcontractors, or other

 4  parties performing services and receiving state funds, either

 5  directly or indirectly, shall also contain a provision

 6  allowing unilateral cancellation by the contractor or by the

 7  agency for refusal by the subcontractor or other party to

 8  allow public access to all documents, papers, letters, or

 9  other such material subject to the provisions of chapter 119

10  and made or received by the subcontractor or other party in

11  conjunction with the contract.

12

13  In lieu of a written agreement, the division may authorize the

14  use of a purchase order for classes of contractual services,

15  provided the provisions of paragraphs (a)-(f) are included in

16  the purchase order, invitation to bid, or request for

17  proposals.  The purchase order shall include an adequate

18  description of the services, the contract period, and the

19  method of payment. In lieu of printing the provisions of

20  paragraphs (a)-(f) in the contract document or purchase order,

21  agencies may incorporate the requirements of paragraphs

22  (a)-(f) by reference.

23         Section 41.  Section 287.16, Florida Statutes, is

24  amended to read:

25         287.16  Powers and duties of department division.--The

26  Department of Management Services Division of Motor Pool shall

27  have the following powers, duties, and responsibilities:

28         (1)  To obtain the most effective and efficient use of

29  motor vehicles, watercraft, and aircraft for state purposes.

30         (2)  To establish and operate central facilities for

31  the acquisition, disposal, operation, maintenance, repair,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  storage, supervision, control, and regulation of all

 2  state-owned or state-leased aircraft and motor vehicles and to

 3  operate any state facilities for those purposes.  Acquisition

 4  may be by purchase, lease, loan, or in any other legal manner.

 5         (3)  In its discretion, to require every state agency

 6  to transfer its ownership, custody, and control of every

 7  aircraft and motor vehicle, and associated maintenance

 8  facilities and equipment, except those used principally for

 9  law enforcement or fire control purposes, to the Department of

10  Management Services, including all right, title, interest, and

11  equity therein.

12         (4)  Upon requisition and showing of need, to assign

13  suitable aircraft or motor vehicles, on a temporary (for a

14  period up to and including 1 month) or permanent (for a period

15  from 1 month up to and including 1 full year) basis, to any

16  state agency.

17         (5)  To allocate and charge fees to the state agencies

18  to which aircraft or motor vehicles are furnished, based upon

19  any reasonable criteria.

20         (6)  To adopt and enforce rules and regulations for the

21  efficient and safe use, operation, maintenance, repair, and

22  replacement of all state-owned or state-leased aircraft and

23  motor vehicles and to require the placement of appropriate

24  stickers, decals, or other markings upon the aircraft and

25  motor vehicles of the state.  The department division may

26  delegate to the respective heads of the agencies to which

27  aircraft and motor vehicles are assigned the duty of enforcing

28  the rules and regulations adopted by the department division.

29         (7)  To contract for specialized maintenance services.

30         (8)  To require any state agency to keep records and

31  make reports regarding aircraft and motor vehicles to the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  department division as may be required. The Department of

 2  Highway Safety and Motor Vehicles may use the reporting system

 3  in effect on October 1, 1983, until July 1, 1984. Beginning

 4  July 1, 1984, the Department of Highway Safety and Motor

 5  Vehicles shall use a reporting system approved by the

 6  department division. The Support Program division shall assist

 7  the Department of Highway Safety and Motor Vehicles in

 8  developing or implementing a reporting system prior to July 1,

 9  1984, which shall specifically address the needs and

10  requirements of the Support Program division and the

11  Department of Highway Safety and Motor Vehicles.

12         (9)  To establish and operate central facilities to

13  determine the mode of transportation to be used by state

14  employees traveling on official state business and to schedule

15  and coordinate use of state-owned or state-leased aircraft and

16  passenger-carrying vehicles to assure maximum utilization of

17  state aircraft, motor vehicles, and employee time by assuring

18  that employees travel by the most practical and economical

19  mode of travel. The department division shall consider the

20  number of employees making the trip to the same location, the

21  most efficient and economical means of travel considering the

22  time of the employee, transportation cost and subsistence

23  required, the urgency of the trip, and the nature and purpose

24  of the trip.

25         (10)  To provide the Legislature annual reports at the

26  end of each calendar year concerning the utilization of all

27  aircraft in the executive pool and special purpose aircraft.

28         Section 42.  Section 287.18, Florida Statutes, is

29  amended to read:

30         287.18  Repair and service of motor vehicles and

31  aircraft.--The Secretary of Management Services or his or her

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  designee director of the Division of Motor Pool may require a

 2  department or any state agency having facilities for the

 3  repair of aircraft or motor vehicles and for the storage and

 4  distribution of gasoline and other petroleum products to

 5  repair aircraft and motor vehicles and to furnish gasoline and

 6  other petroleum products to any other department or agency and

 7  shall compensate for the cost of such services and products.

 8         Section 43.  Subsections (5) and (12) of section

 9  365.171, Florida Statutes, are amended to read:

10         365.171  Emergency telephone number "911."--

11         (5)  SYSTEM DIRECTOR.--The secretary of the department

12  or his or her designee director of the division is designated

13  as the director of the statewide emergency telephone number

14  "911" system and, for the purpose of carrying out the

15  provisions of this section, is authorized to coordinate the

16  activities of the system with state, county, local, and

17  private agencies.  The director is authorized to employ not

18  less than five persons, three of whom will be at the

19  professional level, one at the secretarial level, and one to

20  fill a fiscal position, for the purpose of carrying out the

21  provisions of this section.  The director in implementing the

22  system shall consult, cooperate, and coordinate with local law

23  enforcement agencies.

24         (12)  FEDERAL ASSISTANCE.--The secretary of the

25  department or his or her designee may director of the division

26  is authorized to apply for and accept federal funding

27  assistance in the development and implementation of a

28  statewide emergency telephone number "911" system.

29         Section 44.  Section 401.021, Florida Statutes, is

30  amended to read:

31         401.021  System director.--The Secretary of Management

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  Services or his or her designee director of the Division of

 2  Communications is designated as the director of the statewide

 3  telecommunications system of the regional emergency medical

 4  service and, for the purpose of carrying out the provisions of

 5  this part, is authorized to coordinate the activities of the

 6  telecommunications system with other interested state, county,

 7  local, and private agencies.

 8         Section 45.  Section 401.027, Florida Statutes, is

 9  amended to read:

10         401.027  Federal assistance.--The Secretary of

11  Management Services or his or her designee director of the

12  Division of Communications is authorized to apply for and

13  accept federal funding assistance in the development and

14  implementation of a statewide emergency medical

15  telecommunications system.

16         Section 46.  Subsection (3) of section 446.045, Florida

17  Statutes, is amended to read:

18         446.045  State Apprenticeship Council.--

19         (3)  The State Apprenticeship Council is repealed on

20  October 1, 2008 1998, and shall be reviewed by the Legislature

21  prior to that date pursuant to the Sundown Act.

22         Section 47.  Subsection (1) of section 446.604, Florida

23  Statutes, is amended to read:

24         446.604  One-Stop Career Centers.--

25         (1)  The Department of Management Services shall

26  coordinate among the agencies a plan for a One-Stop Career

27  Center Electronic Network made up of One-Stop Career Centers

28  that are operated by the Department of Labor and Employment

29  Security, the Department of Health and Rehabilitative

30  Services, the Department of Education, and other authorized

31  public or private for-profit or not-for-profit agents.  The

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  plan shall identify resources within existing revenues to

 2  establish and support such electronic network for service

 3  delivery that includes Government Services Direct the Florida

 4  Communities Network.

 5         Section 48.  Paragraph (e) of subsection (3) of section

 6  447.208, Florida Statutes, is amended to read:

 7         447.208  Procedure with respect to certain appeals

 8  under s. 447.207.--

 9         (3)  With respect to hearings relating to demotions,

10  suspensions, or dismissals pursuant to the provisions of this

11  section:

12         (e)  Any order of the commission issued pursuant to

13  this subsection may include back pay, if applicable, and an

14  amount, to be determined by the commission and paid by the

15  agency, for reasonable attorney's fees, witness fees, and

16  other out-of-pocket expenses incurred during the prosecution

17  of an appeal against an agency in which the commission

18  sustains the employee. In determining the amount of an

19  attorney's fee, the commission shall consider only the number

20  of hours reasonably spent on the appeal, comparing the number

21  of hours spent on similar Career Service System appeals and

22  the reasonable hourly rate charged in the geographic area for

23  similar appeals, but not including litigation over the amount

24  of the attorney's fee. This paragraph applies to future and

25  pending cases.

26         Section 49.  Sections 110.407 and 110.607, Florida

27  Statutes, are repealed.

28         Section 50.  This act shall take effect upon becoming a

29  law.

30

31

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         Delete everything before the enacting clause

 4

 5  and insert:

 6                      A bill to be entitled

 7         An act relating to the Department of Management

 8         Services; amending s. 20.22, F.S.; revising the

 9         organizational structure of the department

10         relating to labor organizations; clarifying

11         provisions relating to operation of the

12         Division of State Group Insurance; modifying

13         the role of the director of the Division of

14         State Group Insurance and staff thereof with

15         respect to the Florida State Group Insurance

16         Council; amending ss. 110.109 and 110.112,

17         F.S.; revising reporting requirements; amending

18         s. 110.1099, F.S.; providing conditions for the

19         reimbursement of training expenses by an

20         employee; amending s. 110.1165, F.S.; providing

21         a statute of limitations on filing certain

22         actions; amending s. 110.123, F.S., relating to

23         the state group insurance program; revising and

24         adding definitions; providing for Career

25         Service exemptions in the Division of State

26         Group Insurance; clarifying and correcting

27         references; updating provisions relating to

28         agency payment of premiums for certain

29         employees injured or killed in the line of

30         duty, to conform to existing law; amending s.

31         110.12315, F.S., relating to the state

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1         employees' prescription drug program, to

 2         revise, clarify, and reorganize such

 3         provisions; amending s. 110.1232, F.S.,

 4         relating to health insurance coverage for

 5         certain state retirees, to correct a reference;

 6         amending s. 110.1234, F.S., relating to

 7         Medicare supplement coverage for state

 8         retirees, to correct a reference; amending s.

 9         110.1238, F.S., relating to refunds with

10         respect to provider overcharges; modifying the

11         refund cap; amending s. 110.1245, F.S.;

12         revising reporting requirements; increasing the

13         cap on meritorious service awards; amending s.

14         110.161, F.S., relating to the State Employees

15         Pretax Benefits Program Act, to correct

16         references and update language; amending s.

17         110.181, F.S.; providing that the fiscal agent

18         for the Florida State Employees' Charitable

19         Campaign need not reimburse costs under

20         specified conditions; amending s. 110.201,

21         F.S.; providing for a workforce report;

22         amending s. 110.205, F.S.; conforming

23         provisions to changes made by the act;

24         providing for the designation of Senior

25         Management Service positions; amending s.

26         110.235, F.S.; deleting a requirement for a

27         report; amending s. 110.503, F.S.; allowing

28         agencies to incur expenses to recognize the

29         service of volunteers; amending s. 110.504,

30         F.S.; providing a limitation on volunteer

31         awards; amending s. 112.061, F.S.; authorizing

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1         the designee of an agency head to approve

 2         specified expenses for employees; amending s.

 3         121.025, F.S.; providing for Career Service

 4         exemptions in the Division of Retirement;

 5         amending s. 215.196, F.S.; revising the

 6         organizational structure of the department

 7         relating to the Architects Incidental Trust

 8         Fund; amending s. 215.422, F.S.; deleting a

 9         vendor's right to the name of an ombudsman;

10         amending s. 215.94, F.S.; conforming a

11         reference to changes made by the act; amending

12         s. 216.011, F.S.; redefining the term

13         "operating capital outlay"; amending s. 255.25,

14         F.S.; exempting certain leases from the

15         competitive bidding process; providing for a

16         pilot project under the Department of

17         Management Services for contracted tenant

18         brokers to assist state agencies in locating

19         suitable private sector leases; providing

20         requirements of the program; providing for a

21         report; providing for future repeal; amending

22         ss. 255.249 and 255.257, F.S.; revising the

23         threshold for leased space facility

24         requirements; amending s. 255.503, F.S.;

25         providing for the closing of facilities in

26         emergency situations; amending s. 267.075,

27         F.S.; revising the membership of The Grove

28         Advisory Council; amending s. 272.18, F.S.;

29         revising the membership of the Governor's

30         Mansion Commission; amending s. 272.185, F.S.;

31         revising the organizational structure of the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1         department relating to maintenance of the

 2         Governor's Mansion; amending s. 273.02, F.S.;

 3         increasing the value of property required to be

 4         inventoried by custodians; amending s. 273.055,

 5         F.S.; providing for the disbursement of moneys

 6         received from disposition of state-owned

 7         tangible personal property; amending s. 281.07,

 8         F.S.; revising the organizational structure of

 9         the department relating to the capitol police;

10         amending s. 282.105, F.S., relating to use of

11         State Suncom Network by nonprofit schools;

12         amending s. 282.111, F.S.; revising the

13         organizational structure of the department

14         relating to the statewide system of regional

15         law enforcement communications; amending s.

16         287.042, F.S.; revising the organizational

17         structure of the department relating to the

18         purchasing of goods and services; amending s.

19         287.057, F.S.; revising the organizational

20         structure of the department relating to the

21         procurement of insurance; amending s. 287.058,

22         F.S.; providing cancellation and public access

23         provisions; amending ss. 287.16 and 287.18,

24         F.S.; revising the organizational structure of

25         the department relating to motor vehicles,

26         watercraft, and aircraft; amending s. 365.171,

27         F.S.; designating the director of the statewide

28         emergency telephone number "911"; amending ss.

29         401.021 and 401.027, F.S.; designating the

30         director of the statewide telecommunications

31         system of the regional emergency medical

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    





 1         service; amending s. 446.045, F.S., relating to

 2         the State Apprenticeship Council; revising the

 3         repeal date; amending s. 446.604, F.S.;

 4         providing for Government Services Direct to be

 5         included in the plan for One-Stop Career

 6         Centers; amending s. 447.208, F.S.; providing

 7         for the determination of attorney's fees in

 8         certain cases; repealing ss. 110.407 and

 9         110.607, F.S., which provide for performance

10         audits; providing an effective date.

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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