Senate Bill 1132c1

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    Florida Senate - 1998                           CS for SB 1132

    By the Committee on Governmental Reform and Oversight and
    Senator Gutman




    302-1759-98

  1                      A bill to be entitled

  2         An act relating to the Department of Management

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

  4         organizational structure of the department

  5         relating to labor organizations; clarifying

  6         provisions relating to operation of the

  7         Division of State Group Insurance; modifying

  8         the role of the Director of the Division of

  9         State Group Insurance and staff thereof with

10         respect to the Florida State Group Insurance

11         Council; amending ss. 110.109, 110.112, F.S.;

12         revising reporting requirements; amending s.

13         110.1099, F.S.; providing conditions for the

14         reimbursement of training expenses by an

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

16         a statute of limitations on filing certain

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

18         the state group insurance program; adding and

19         updating definitions; providing for Career

20         Service exemptions in the Division of State

21         Group Insurance; clarifying and correcting

22         references; updating provisions relating to

23         agency payment of premiums for certain

24         employees injured or killed in the line of duty

25         to conform to existing law; amending s.

26         110.12315, F.S., relating to the state

27         employees' prescription drug program, to

28         revise, clarify, and reorganize such

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

30         relating to health insurance coverage for

31         certain state retirees, to correct a reference;

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    Florida Senate - 1998                           CS for SB 1132
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  1         amending s. 110.1234, F.S., relating to

  2         Medicare supplement coverage for state

  3         retirees, to correct a reference; amending s.

  4         110.1238, F.S., relating to refunds with

  5         respect to provider overcharges; modifying the

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

  7         revising reporting requirements; increasing the

  8         cap on meritorious service awards; amending s.

  9         110.161, F.S., relating to the State Employees

10         Pretax Benefits Program Act, to correct

11         references and update language;  amending s.

12         110.181, F.S.; providing that the fiscal agent

13         for the Florida State Employees' Charitable

14         Campaign need not reimburse costs under

15         specified conditions; amending s. 110.201,

16         F.S.; providing for a report; amending s.

17         110.205, F.S.; conforming provisions to changes

18         made by the act; providing for the designation

19         of Senior Management Service positions;

20         amending s. 110.235, F.S.; deleting a

21         requirement for a report; amending s. 110.503,

22         F.S.; allowing agencies to incur expenses to

23         recognize the service of volunteers; amending

24         s. 110.504, F.S.; providing a limitation on

25         volunteer awards; amending s. 112.061, F.S.;

26         authorizing the designee of an agency head to

27         approve specified expenses for employees;

28         amending s. 121.025, F.S., providing for Career

29         Service exemptions in the Division of

30         Retirement; amending s. 215.196, F.S.; revising

31         the organizational structure of the department

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    Florida Senate - 1998                           CS for SB 1132
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  1         relating to the Architects Incidental Trust

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

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

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

  5         reference to changes made by the act; amending

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

  7         "operating capital outlay"; amending ss.

  8         255.249, 255.25, 255.257, F.S.; revising the

  9         threshold for leased space facility

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

11         providing for the closing of facilities in

12         emergency situations; amending s. 267.075,

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

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

15         revising the membership of the Governor's

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

17         revising the organizational structure of the

18         department relating to maintenance of the

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

20         increasing the value of property required to be

21         inventoried by custodians; amending s. 273.055,

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

23         received from disposition of state-owned

24         tangible personal property; amending s. 281.07,

25         F.S.; revising the organizational structure of

26         the department relating to the capitol police;

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

28         organizational structure of the department

29         relating to the statewide system of regional

30         law enforcement communications; amending s.

31         287.042, F.S.; revising the organizational

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    Florida Senate - 1998                           CS for SB 1132
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  1         structure of the department relating to the

  2         purchasing of goods and services; amending s.

  3         287.057, F.S.; revising the organizational

  4         structure of the department relating to the

  5         procurement of insurance; amending ss. 287.16,

  6         287.18, F.S.; revising the organizational

  7         structure of the department relating to motor

  8         vehicles, watercraft, and aircraft; amending s.

  9         365.171, F.S.; designating the director of the

10         statewide emergency telephone number "911";

11         amending ss. 401.021, 401.027, F.S.;

12         designating the director of the statewide

13         telecommunications system of the regional

14         emergency medical service; amending s. 446.604,

15         F.S.; providing for Government Services Direct

16         to be included in the plan for One-Stop Career

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

18         for the determination of attorney's fees in

19         certain cases; amending s. 768.76, F.S., to

20         remove specified health care plans from the

21         definition of collateral source; repealing ss.

22         110.407 and 110.607, F.S., which provide for

23         performance audits; providing an effective

24         date.

25

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

27

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

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

30  amended to read:

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    Florida Senate - 1998                           CS for SB 1132
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  1         20.22  Department of Management Services.--There is

  2  created a Department of Management Services.

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

  4  Labor Relations shall be determined by the Secretary of

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

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

  7  in collective bargaining negotiations pursuant to the

  8  provisions of chapter 447.

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

10  created within the Division of State Group Insurance for the

11  purpose of providing joint and coordinated oversight of the

12  operation and administration of the state group insurance

13  program.  The council shall consist of the state budget

14  director; an individual from the private sector with an

15  extensive health administration background, appointed by the

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

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

18  Representatives, appointed by the Speaker of the House of

19  Representatives; a representative of the State University

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

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

22  Retirement; and two representatives of employees and retirees,

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

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

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

26  successor is appointed.  Additionally, The director of the

27  Division of State Group Employee Insurance shall not be a

28  nonvoting member of the council, but shall assume

29  responsibility for ensuring provision of administrative,

30  analytical, and technical support to the council.

31

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    Florida Senate - 1998                           CS for SB 1132
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  1         (c)  The council is assigned to the Division of State

  2  Group Insurance for administrative and fiscal accountability

  3  purposes, but the council and its staff shall otherwise

  4  function independently of the control and direction of the

  5  division.  The division of State Group Insurance shall furnish

  6  dedicated administrative and secretarial assistance to the

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

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

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

10  Insurance and is specifically prohibited from taking part in:

11         1.  The awarding or termination of contracts.

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

13  prequalification of any individual consultant or contractor.

14  However, the council may recommend to the director standards

15  and policies governing the procedure for selection and

16  prequalification of consultants and contractors.

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

18  transfer, or discharge of any division personnel.

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

20  any license or permit issued by the division.

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

22  Statutes, is amended to read:

23         110.109  Productivity improvement and personnel audits

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

25  responsible for conducting personnel audits of all executive

26  branch agencies, except the State University System, to

27  provide as follows:

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

29  the personnel programs of the state agencies on a continuing

30  and regular basis to ensure the agencies' compliance with

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

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    Florida Senate - 1998                           CS for SB 1132
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  1  department shall be submitted to the Governor, the President

  2  of the Senate, the Speaker of the House of Representatives,

  3  and the Auditor General.

  4         Section 3.  Section 110.1099, Florida Statutes, is

  5  amended to read:

  6         110.1099  Education and training opportunities for

  7  state employees.--

  8         (1)  Education and training are an integral component

  9  in improving the delivery of services to the public.

10  Recognizing that the application of productivity-enhancing

11  technology and practice demand continuous educational and

12  training opportunities, state employees may be authorized to

13  receive tuition waivers on a space-available basis or vouchers

14  to attend work-related courses at public universities.

15         (2)  The department, in conjunction with the agencies,

16  shall request that such institutions provide evening and

17  weekend programs for state employees. When evening and weekend

18  training and educational programs are not available, employees

19  may be authorized to take paid time off during their regular

20  working hours for training and career development, as provided

21  in s. 110.105(1), if such training benefits the employer.

22         (3)  Employees who exhibit superior aptitude and

23  performance may be authorized to take paid educational leaves

24  of absence for up to 1 academic year at a time, for specific

25  approved work-related education and training.

26         (4)  Such employees must enter into contracts to return

27  to state employment for a period of time equal to the length

28  of the leave of absence or refund salary and benefits paid

29  during their educational leaves of absence.

30         (5)  The Department of Management Services, in

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

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  1  Florida's public postsecondary educational institutions, shall

  2  adopt rules to implement and administer this section.

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

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

  5  an employee to enter into an agreement that requires the

  6  employee to reimburse the agency or judicial branch the

  7  registration fee or similar expense for any training or

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

  9  exceeds $1,000 if the employee voluntarily terminates

10  employment or is discharged for cause from the agency or

11  judicial branch within a specified period of time not

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

13  subsection does not apply to any training program that an

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

15  An agency or the judicial branch may pay the outstanding

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

17  this subsection in connection with recruitment and hiring of

18  such state employee.

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

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

21  amended to read:

22         110.112  Affirmative action; equal employment

23  opportunity.--

24         (2)

25         (d)  The department shall report information in its

26  annual workforce report relating to annually to the Governor

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

28  each executive agency's affirmative action plan for the

29  previous fiscal year.

30         (6)  The department shall review and audit executive

31  agency actions in carrying out the rules adopted by the

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  1  department pursuant to this section and shall submit postaudit

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

  3  Speaker of the House of Representatives, and the Auditor

  4  General.

  5         Section 5.  Section 110.1165, Florida Statutes, is

  6  amended to read:

  7         110.1165  Executive branch personnel errors.--

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

  9  State University System, shall establish procedures for the

10  receipt, consideration, and disposition of a claim regarding

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

12  damaged as a result of being provided with erroneous written

13  information by the employing agency regarding his or her pay

14  or benefits, and the employee detrimentally relies upon such

15  written information. In order to qualify for the relief

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

17  representation must have been reasonable and based only upon

18  the written representations made by those persons authorized

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

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

21  wages, or benefits is not among the written representations

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

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

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

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

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

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

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

29  section.

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

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

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  1  may be appropriate to provide a remedy for an employee

  2  concerning his or her claim regarding detrimental reliance on

  3  erroneous written information provided by the employing agency

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

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

  6  authority whatsoever to modify the state retirement system or

  7  the state insurance program.  Any monetary remedy afforded by

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

  9  Any person dissatisfied with the outcome of this process may

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

11  grievance process or an appeal to the Division of

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

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

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

15  overtime pay, fringe benefits, or damages or penalties

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

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

18  time limit applies in all disputes over compensation for work

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

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

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

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

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

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

25  to that section, to read:

26         110.123  State group insurance program.--

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

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

29  Services.

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

31  Insurance in the department.

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

  2  retired state officers and employees, and surviving spouses of

  3  deceased state officers and employees, and terminated

  4  employees or individuals with continuation coverage who are

  5  enrolled in an insurance plan offered by the state group

  6  insurance program.

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

  8  employees of all branches or agencies of state government

  9  holding salaried positions and paid by state warrant or from

10  agency funds, and employees paid from regular salary

11  appropriations for 8 months' employment, including university

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

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

14  other-personal-services (OPS) funds.

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

16  an entity certified under part I of chapter 641.

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

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

19  health maintenance organization plan under the state group

20  insurance program, including enrollees and covered dependents

21  thereof.

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

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

24  warrant from salary appropriations or from agency funds, and

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

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

27  seasonal or other type of employment which is less than

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

29  12-month period, but in no case shall "part-time" employee

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

31  funds.

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

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

  3  retires under a state retirement system or a state optional

  4  annuity or retirement program or is placed on disability

  5  retirement, and who was insured under the state group

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

  7  receiving retirement benefits immediately after retirement

  8  from state office or employment.

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

10  department, or agency of state government.

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

12  maintenance organization under contract with the division to

13  participate in the state group insurance program.

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

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

16  offered to state officers and employees, retired state

17  officers and employees, and surviving spouses of deceased

18  state officers and employees pursuant to this section.

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

20  means the package of insurance plans offered to state officers

21  and employees, retired state officers and employees, and

22  surviving spouses of deceased state officers and employees

23  pursuant to this section, including the state group health

24  insurance plan, health maintenance organization plans, and

25  other plans required or authorized by this section.

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

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

28  any appointed state officer who is commissioned by the

29  Governor and who is paid by state warrant.

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

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

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

  2  was covered as a dependent under the state group health

  3  insurance plan or a health maintenance organization plan

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

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

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

  7  eligible to receive a monthly state warrant from a state

  8  retirement system as the beneficiary of a state officer,

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

10  1979.  For the purposes of this section, any such widow or

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

12  remarriage.

13         (3)  STATE GROUP INSURANCE PROGRAM.--

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

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

16  a director who shall be appointed by the Governor and

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

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

19  all purposes.

20         1.  The director and assistant director shall be exempt

21  from the Career Service System as provided under s.

22  110.205(2)(i) of the state personnel law. In addition to the

23  20 policymaking positions allocated to the Department of

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

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

26  Service System a maximum of 10 positions determined by the

27  director to have policymaking or managerial responsibilities

28  comparable to such positions.

29         2.  The Department of Management Services shall provide

30  administrative support and service to the division to the

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

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  1  subject to control, supervision, or direction by the

  2  Department of Management Services in any manner, including,

  3  but not limited to, personnel, purchasing, transactions

  4  involving real or personal property, and budgetary matters,

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

  6  216, 255, 282, and 287 for agencies of the executive branch.

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

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

  9  purpose of protecting the health of, and providing medical

10  services to, state employees participating in the state group

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

12  Division of State Group Insurance may contract to retain the

13  services of professional administrators for the state group

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

15  division agency shall follow good purchasing practices of

16  state procurement to the extent practicable under the

17  circumstances.

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

19  vendor if the division deems it necessary to protect the

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

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

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

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

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

25  under the contract.

26         3.  Each major contract entered into by the division

27  pursuant to this section shall contain a provision for payment

28  of liquidated damages to the division for material

29  noncompliance by a vendor with a contract provision. The

30  division may require a liquidated damages provision in any

31

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  1  contract if the division deems it necessary to protect the

  2  state's financial interests.

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

  4  division's contracting process, except:

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

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

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

  8  intended decision, or other action.

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

10  the division may proceed with the bid selection or contract

11  award process if the director of the division department sets

12  forth, in writing, particular facts and circumstances which

13  demonstrate the necessity of continuing the procurement

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

15  substantial disruption to the provision of any scheduled

16  insurance services.

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

18  group health insurance program plan may be authorized by rules

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

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

21  membership in a health maintenance organization plan which is

22  under contract with the state in accordance with criteria

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

24  optional membership in a health maintenance organization plan

25  permitted by this paragraph may be limited or conditioned by

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

27  federal laws.

28         2.  The division shall contract with health maintenance

29  organizations to participate in the state group insurance

30  program through a request for proposal based upon a premium

31  and a minimum benefit package as follows:

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

  2  participating HMO shall include: physician services; inpatient

  3  and outpatient hospital services; emergency medical services,

  4  including out-of-area emergency coverage; diagnostic

  5  laboratory and diagnostic and therapeutic radiologic services;

  6  mental health, alcohol, and chemical dependency treatment

  7  services meeting the minimum requirements of state and federal

  8  law; skilled nursing facilities and services; prescription

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

10  Additional services may be provided subject to the contract

11  between the division and the HMO.

12         b.  A uniform schedule for deductibles and copayments

13  may be established for all participating HMOs.

14         c.  Based upon the minimum benefit package and

15  copayments and deductibles contained in sub-subparagraphs a.

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

17  all HMOs which are interested in participating in the state

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

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

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

21  for proposal process, the division may require detailed

22  financial data from each HMO which participates in the bidding

23  process for the purpose of determining the financial stability

24  of the HMO.

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

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

27  contractor's previous experience and expertise in providing

28  prepaid health benefits; each proposed contractor's historical

29  experience in enrolling and providing health care services to

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

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

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  1  coverage and administrative support services as determined by

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

  3  package; accessibility to providers; and the financial

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

  5  negotiating regional or statewide contracts with health

  6  maintenance organization plans when this is cost-effective and

  7  when the division determines the plan has the best overall

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

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

10  Medicare premium exceeds the retiree rate as set by the

11  division for the state group health insurance plan.

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

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

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

15  the service area, or and any unique geographical

16  characteristics of the service area. The division shall

17  establish by rule service areas throughout the state.

18         f.  All persons participating in the state group

19  insurance program who are required to contribute towards a

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

21  dollar contribution regardless of whether the enrollee enrolls

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

23         3.  The division is authorized to negotiate and to

24  contract with specialty psychiatric hospitals for mental

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

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

27  subject to the approval of the Legislature pursuant to

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

29  actuarial study to determine any impact on plan benefits and

30  premiums.

31

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  1         4.  In addition to contracting pursuant to subparagraph

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

  3  participate in the state group insurance program which:

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

  5  basis under the Medicaid program;

  6         b.  Does not currently meet the 25 percent

  7  non-Medicare/non-Medicaid enrollment composition requirement

  8  established by the Department of Health and Human Services

  9  excluding participants enrolled in the state group insurance

10  program;

11         c.  Meets the minimum benefit package and copayments

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

13         d.  Is willing to participate in the state group

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

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

16  division in each service area; and

17         e.  Meets the minimum surplus requirements of s.

18  641.225.

19

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

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

22  open enrollment period for state employees.  The division is

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

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

25  be eligible to participate in the state group insurance

26  program only through the request for proposal process

27  described in subparagraph 2.

28         5.  All enrollees in the state group health insurance

29  plan or any health maintenance organization plan shall have

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

31  offered by the state within any open enrollment period

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

  2  least once each calendar year.

  3         6.  Any HMO participating in the state group insurance

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

  5  division standardized data for the purpose of comparison of

  6  the appropriateness, quality, and efficiency of care provided

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

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

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

10  care experience. Requirements and timetables for submission of

11  such standardized data and such other data as the division

12  deems necessary to evaluate the performance of participating

13  HMOs shall be adopted by rule.

14         7.  The division shall, after consultation with

15  representatives from each of the unions representing state and

16  university employees, establish a comprehensive package of

17  insurance benefits including, but not limited to, supplemental

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

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

20  benefit plans which best suit their individual needs.

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

22  shall issue a request for proposal for health insurance

23  providers interested in participating in the state group

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

25  proposal for insurance providers interested in participating

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

27  insurance program.  Upon receipt of all proposals, the

28  division may enter into contract negotiations with insurance

29  providers submitting bids or negotiate a specially designed

30  benefit package. Insurance providers offering or providing

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

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

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

  3  currently enrolled may be included by the division in the

  4  supplemental insurance benefit plan established by the

  5  division without participating in a request for proposal,

  6  submitting bids, negotiating contracts, or negotiating a

  7  specially designed benefit package.  These contracts shall

  8  provide state employees with the most cost-effective and

  9  comprehensive coverage available; however, no state or agency

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

11  premium of such supplemental benefit plans.

12         b.  Pursuant to the applicable provisions of s.

13  110.161, and s. 125 of the Internal Revenue Code of 1986, the

14  division shall enroll in the pretax benefit program those

15  state employees who voluntarily elect coverage in any of the

16  supplemental insurance benefit plans as provided by

17  sub-subparagraph a.

18         c.  Nothing herein contained shall be construed to

19  prohibit insurance providers from continuing to provide or

20  offer supplemental benefit coverage to state employees as

21  provided under existing agency plans.

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

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

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

25  to law enforcement officers, correctional, and correctional

26  probation officers, and firefighters, legislative

27  authorization through the appropriations act is required for

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

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

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

31  employees shall continue in the respective proportions for up

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

  2  granted an approved parental or medical leave of absence

  3  without pay.

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

  5  the premium shall be made for retirees or surviving spouses

  6  for any type of coverage under the state group insurance

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

  8  law enforcement officer, correctional officer, or correctional

  9  probation officer who is killed or suffers catastrophic injury

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

11  firefighter who is killed or suffers catastrophic injury in

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

13  1, 1980, as a result of an act of violence inflicted by

14  another person while the officer is engaged in the performance

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

16  the officer under riot conditions shall pay the entire premium

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

18  surviving spouse until remarried, and for each dependent child

19  of the employee subject to the conditions and limitations set

20  forth in s. 112.119 or s. 112.191, as applicable until the

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

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

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

24  dependent upon the employee for support; and

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

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

27  student and is dependent for support.

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

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

30  the state group insurance program.  The division shall

31  initiate and supervise the program as established by this

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

  2  its responsibilities.  To implement this program, the division

  3  shall, with prior approval by the Legislature:

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

  5  contributions to be required for the state group insurance

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

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

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

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

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

11  available for inspection or copying by medical providers or

12  other persons not involved in the administration of the

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

14  program, the division shall consider existing and

15  complementary benefits provided by the Florida Retirement

16  System and the Social Security System.

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

18  Insurance, the specifications necessary to implement the

19  program.

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

21  insurance carrier or carriers, or professional administrator,

22  determined by the Department of Insurance to be fully

23  qualified, financially sound, and capable of meeting all

24  servicing requirements.  Alternatively, the division may

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

26  insurance program subject to approval based on actuarial

27  soundness by the Department of Insurance.  The division may

28  contract with an insurance company or professional

29  administrator qualified and approved by the Department of

30  Insurance to administer such plan. Before entering into any

31  contract, the division shall advertise for competitive

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  1  proposals, and such contract shall be let upon the

  2  consideration of the benefits provided in relationship to the

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

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

  5  entity's previous experience and expertise in administering

  6  group insurance programs of the type it proposes to

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

  8  contractual obligations in this state and other governmental

  9  jurisdictions; the entity's anticipated administrative costs

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

11  provide service coverage and sufficient number of experienced

12  and qualified personnel in the areas of claims processing,

13  recordkeeping, and underwriting, as determined by the

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

15  providers; the financial solvency of the entity, using

16  accepted business sector measures of financial performance.

17  The division may contract for medical services which will

18  improve the health or reduce medical costs for employees who

19  participate in the state group insurance plan.

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

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

22  providers under the plan.

23         (e)  Have authority to establish a voluntary program

24  for comprehensive health maintenance, which may include health

25  educational components and health appraisals.

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

27  carrier or carriers or professional administrator entered into

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

29  held harmless and indemnified for any financial loss caused by

30  the failure of the insurance carrier or professional

31  administrator to comply with the terms of the contract.

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

  2  carrier or carriers, or professional administrator entered

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

  4  administrator provide written notice to individual enrollees

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

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

  7  contract.

  8         (h)  Have authority to establish a voluntary group

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

10  pretax contribution basis or on a posttax contribution basis,

11  as the division determines.

12

13  Final decisions concerning enrollment, the existence of

14  coverage, or covered benefits under the state group health

15  insurance program plan shall not be delegated or deemed to

16  have been delegated by the division.

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

18  records and medical claims records of state employees, former

19  state employees, and their eligible covered dependents in the

20  custody or control of the state group insurance program are

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

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

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

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

25  written authorization of the employee or former state

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

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

28  of a subpoena from a court of competent jurisdiction and

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

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

31  seeking such records.

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  1         Section 7.  Section 110.12315, Florida Statutes, is

  2  amended to read:

  3         (Substantial rewording of section. See

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

  5         110.12315  Prescription drug program.--The state

  6  employees' prescription drug program is hereby established.

  7  This program shall be administered by the Division of State

  8  Group Insurance within the Department of Management Services,

  9  according to the terms and conditions of the plan as

10  established by the Division of State Group Insurance and by

11  relevant provisions of the annual General Appropriations Act

12  and implementing legislation, subject to the following

13  conditions:

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

15  prescriptions written by health care providers under the plan

16  to be filled by any licensed pharmacy pursuant to contractual

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

18  shall be construed as prohibiting a mail order prescription

19  drug program distinct from the service provided by retail

20  pharmacies.

21         (2)  In providing for reimbursement of pharmacies for

22  prescription medicines dispensed to members of the state group

23  health insurance plan and their dependents under the state

24  employees' prescription drug program:

25         (a)  Retail pharmacies participating in the program

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

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

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

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

30  limit for mail order or mail order prescription drug

31  purchases.

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  1         (c)  The current pharmacy dispensing fee shall remain

  2  in effect.

  3         (3) The Division of State Group Insurance shall

  4  establish the reimbursement schedule for prescription

  5  pharmaceuticals dispensed under the program.  Reimbursement

  6  rates for a prescription pharmaceutical shall be based on the

  7  cost of the generic equivalent drug if a generic equivalent

  8  exists, unless the physician prescribing the pharmaceutical

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

10  medically necessary or that the drug product is included on

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

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

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

14  reimbursement schedule adopted by the Division of State Group

15  Insurance.

16         (4)  The Division of State Group Insurance shall

17  conduct a prescription utilization review program.  In order

18  to participate in the state employees' prescription drug

19  program, retail pharmacies dispensing prescription medicines

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

21  covered dependents, or to subscribers or covered dependents of

22  a health maintenance organization plan under the state group

23  insurance program, shall be required to make their records

24  available for this review.

25         (5)  The Division of State Group Insurance shall

26  implement such additional cost saving measures and adjustments

27  as may be required to balance program funding within

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

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

30  maintenance medication in lieu of acute therapy medication.

31

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

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

  3  eligibility for coverage. The state is not liable for

  4  reimbursement of a participating pharmacy for dispensing

  5  prescription drugs to any person whose current eligibility for

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

  7  administrator or by the Division of State Group Insurance.

  8         Section 8.  Section 110.1232, Florida Statutes, is

  9  amended to read:

10         110.1232  Health insurance coverage for persons retired

11  under state-administered retirement systems before January 1,

12  1976, and for spouses.--Notwithstanding any provisions of law

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

14  provide health insurance coverage under in the state group

15  Health insurance program Plan for persons who retired prior to

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

17  retirement systems and who are not covered by social security

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

19  are also not covered by social security.  Such health

20  insurance coverage shall provide the same benefits as provided

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

22  110.123. The claims experience of this group shall be

23  commingled with the claims experience of other members covered

24  under s. 110.123.

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

26  Statutes, is amended to read:

27         110.1234  Health insurance for retirees under the

28  Florida Retirement System; Medicare supplement and fully

29  insured coverage.--

30         (1)  The Division of State Group Insurance shall

31  solicit competitive bids from state-licensed insurance

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  1  companies to provide and administer a fully insured Medicare

  2  supplement policy for all eligible retirees of a state or

  3  local public employer. Such Medicare supplement policy shall

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

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

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

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

  8  shall authorize one company to offer the Medicare supplement

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

10  by the retiree.

11         Section 10.  Section 110.1238, Florida Statutes, is

12  amended to read:

13         110.1238  State group health insurance plans; refunds

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

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

16  was overcharged by a health care provider shall receive a

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

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

19         Section 11.  Section 110.1245, Florida Statutes, is

20  amended to read:

21         110.1245  Meritorious service awards program.--

22         (1)  The Department of Management Services shall set

23  policy, develop procedures, and promote a program of

24  meritorious service awards, incentives, and recognition to

25  employees who:

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

27  which will result in increasing productivity, in eliminating

28  or reducing state expenditures or improving operations, or in

29  generating additional revenues, provided such proposals are

30  placed in effect and can be implemented under current

31  statutory authority; or

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  1         (b)  By their superior accomplishments, make

  2  exceptional contributions to the efficiency, economy, or other

  3  improvement in the operations of the state government.

  4

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

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

  7  authority to establish a meritorious service awards program

  8  for employees of the judicial branch within the parameters

  9  established in this section.  The component of the program

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

11  the Career Service System, the Selected Exempt Service System,

12  and comparable employees within the judicial branch.  The

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

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

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

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

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

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

19  from the appropriation available to the judicial branch or

20  state agency affected by the award or from any specific

21  appropriation therefor.  No award granted under the component

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

23  plus applicable taxes per individual employee. The judicial

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

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

26  not exceed the limits specified in this subsection.  In

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

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

29  other tokens of recognition of meritorious service to an

30  employee eligible for recognition under either component of

31

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

  2  $100 $75 each plus applicable taxes.

  3         (2)  The department and the judicial branch shall

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

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

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

  7  participation in the meritorious service awards program.  The

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

  9  to:

10         (a)  The number of proposals made.

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

12  proposals.

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

14  implementing employee proposals.

15         (d)  Total expenditures incurred by the agency for

16  providing awards to employees for adopted proposals.

17         (e)  The number of employees recognized for superior

18  accomplishments.

19         (f)  The number of employees recognized for

20  satisfactory service to the state.

21         (3)  Each department head is authorized to incur

22  expenditures to award suitable framed certificates, pins, and

23  other tokens of recognition to retiring state employees whose

24  service with the state has been satisfactory, in appreciation

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

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

27         (4)  Each department head is authorized to incur

28  expenditures to award suitable framed certificates, pins, or

29  other tokens of recognition to state employees who have

30  achieved increments of 5 years of satisfactory service in the

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

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

  2  each plus applicable taxes.

  3         (5)  Each department head is authorized to incur

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

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

  6  recognition to any appointed member of a state board or

  7  commission whose service to the state has been satisfactory,

  8  in appreciation and recognition of such service upon the

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

10  such position.

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

12  110.161, Florida Statutes, are amended to read:

13         110.161  State employees; pretax benefits program.--

14         (5)  The Division of State Group Insurance shall

15  develop rules for the pretax benefits program, which shall

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

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

18  matters deemed necessary by the division department to

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

20  majority vote of the Administration Commission.

21         (6)  The Division of State Group Insurance is

22  authorized to administer the establish a pretax benefits

23  program established for all employees so that whereby

24  employees may would receive benefits which are not includable

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

26  pretax benefits program: shall be implemented in phases.

27         (a)  Phase one Shall allow employee contributions to

28  premiums for the state group insurance health program

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

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

31  participate.

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  1         (b)  Phase two Shall allow employees to voluntarily

  2  establish expense reimbursement plans from their salaries on a

  3  pretax basis to pay for qualified medical and dependent care

  4  expenses, including premiums paid by employees for qualified

  5  supplemental insurance.

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

  7  premiums through a pretax payroll procedure as used in phase

  8  one.  The Administration Commission and the Division of State

  9  Group Insurance are directed to take all actions necessary to

10  preserve the tax-exempt status of the program.

11         (7)  The Legislature recognizes that a substantial

12  amount of the employer savings realized by the implementation

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

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

15  Contributions Act tax. There is hereby created the Pretax

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

17  Each agency shall transfer to the Pretax Benefits Trust Fund

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

19  of the implementation of the pretax benefits program

20  authorized pursuant to this section. Any moneys forfeited

21  pursuant to employees' salary reduction agreements to

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

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

24  Pretax Benefits Trust Fund shall be used for the pretax

25  benefits program, including its administration by the Division

26  of State Group Insurance Department of Management Services or

27  a third-party administrator.

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

29  110.181, Florida Statutes, is amended to read:

30         110.181  Florida State Employees' Charitable

31  Campaign.--

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

  2         (b)  The fiscal agent shall withhold the reasonable

  3  costs for conducting the campaign and for accounting and

  4  distribution to the participating organizations and shall

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

  6  percent, for coordinating the campaign in accordance with the

  7  rules of the department. In any fiscal year in which the

  8  Legislature specifically appropriates to the department its

  9  total costs for coordinating the campaign from the General

10  Revenue Fund, the fiscal agent is not required to reimburse

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

12  reimbursement will be the difference between actual costs and

13  the amount appropriated.

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

15  110.201, Florida Statutes, to read:

16         110.201  Personnel rules, records, and reports.--

17         (5)  The department shall develop a workforce report

18  that contains data representative of the state's human

19  resources. The report should identify trends for planning and

20  improving the management of the state's human resources. The

21  department shall submit this report annually to the Governor,

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

23  Representatives.

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

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

26         110.205  Career service; exemptions.--

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

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

29  no position, except for positions established for a limited

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

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

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  1         (i)  The appointed secretaries, assistant secretaries,

  2  deputy secretaries, and deputy assistant secretaries of all

  3  departments; the executive directors, assistant executive

  4  directors, deputy executive directors, and deputy assistant

  5  executive directors of all departments; and the directors of

  6  all divisions and those positions determined by the department

  7  to have managerial responsibilities comparable to such

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

  9  program directors, assistant program directors, district

10  administrators, deputy district administrators, the Director

11  of Central Operations Services of the Department of Health and

12  Rehabilitative Services, the assistant director of the

13  Division of State Group Insurance and the assistant director

14  of the Division of Retirement of the Department of Management

15  Services, and the State Transportation Planner, State Highway

16  Engineer, State Public Transportation Administrator, district

17  secretaries, district directors of planning and programming,

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

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

20  Transportation.  Unless otherwise fixed by law, the department

21  shall set the salary and benefits of these positions in

22  accordance with the rules of the Senior Management Service.

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

24  paragraphs of this subsection, each department head may

25  designate a maximum of 20 policymaking or managerial

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

27  Administration Commission, as being exempt from the Career

28  Service System.  Career service employees who occupy a

29  position designated as a position in the Selected Exempt

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

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

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  1  exempted by the employing agency.  Unless otherwise fixed by

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

  3  positions in accordance with the rules of the Selected Exempt

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

  5  that the general counsel, chief Cabinet aide, public

  6  information administrator or comparable position for a Cabinet

  7  officer, inspector general, or legislative affairs director

  8  has both policymaking and managerial responsibilities and if

  9  the department determines that any such position has both

10  policymaking and managerial responsibilities, the salary and

11  benefits for each such position shall be established by the

12  department in accordance with the rules of the Senior

13  Management Service. In addition, each department may designate

14  one additional position in the Senior Management Service if

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

16  position in the Senior Management Service and if any

17  additional costs are absorbed from the existing budget of that

18  department.

19         2.  If otherwise exempt, employees of the Public

20  Employees Relations Commission, the Commission on Human

21  Relations, and the Unemployment Appeals Commission, upon the

22  certification of their respective commission heads, may be

23  provided for under this paragraph as members of the Senior

24  Management Service, if otherwise qualified.  However, the

25  deputy general counsels of the Public Employees Relations

26  Commission shall be compensated as members of the Selected

27  Exempt Service.

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

29  Statutes, is amended to read:

30         110.235  Training.--

31

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  1         (4)  Each employing agency shall annually evaluate and

  2  report to the department the training it has implemented and

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

  4  department shall review and consolidate the information

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

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

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

  8  Representatives.

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

10  Statutes, is amended to read:

11         110.503  Responsibilities of departments and

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

13  volunteers shall:

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

15  offered continuous and outstanding service to

16  state-administered programs. Each department or agency using

17  the services of volunteers is authorized to incur expenditures

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

19  framed certificates, plaques, or other tokens of recognition

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

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

22  Statutes, is amended to read:

23         110.504  Volunteer benefits.--

24         (6)  Incidental recognition benefits or incidental

25  nonmonetary awards may be furnished to volunteers serving in

26  state departments to award, recognize, or encourage volunteers

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

28  each plus applicable taxes.

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

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

31  Statutes, are amended to read:

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  1         112.061  Per diem and travel expenses of public

  2  officers, employees, and authorized persons.--

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

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

  5  from his or her official headquarters and is therefore unable

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

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

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

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

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

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

12  or his or her designee.

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

14  foregoing restrictions and limitations, an agency head or his

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

16  to cover anticipated costs of travel to travelers.  Such

17  advancements may include the costs of subsistence and travel

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

19  traveler in the performance of his or her duties.

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

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

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

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

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

25  pay the vendor the actual expenses for meals and lodging

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

27  that authorized pursuant to this section. In emergency

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

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

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

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

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

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

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

  4  such cost savings shall be documented in the voucher submitted

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

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

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

  8  Legislature or of the Joint Legislative Management Committee.

  9         Section 20.  Section 121.025, Florida Statutes, is

10  amended to read:

11         121.025  Administrator; powers and duties.--The

12  director of the Division of Retirement shall be the

13  administrator of the retirement and pension systems assigned

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

15  have the authority to sign the contracts necessary to carry

16  out the duties and responsibilities assigned by law to the

17  Division of Retirement. The director and assistant director

18  shall be exempt from the Career Service System as provided

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

20  to the 20 policymaking positions allocated to the Department

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

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

27  Statutes, is amended to read:

28         215.196  Architects Incidental Trust Fund; creation;

29  assessment.--

30         (1)  There is created the Architects Incidental Trust

31  Fund for the purpose of providing sufficient funds for the

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  1  operation of the facilities development activities of the

  2  Department of Management Services Division of Building

  3  Construction.

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

  5  215.422, Florida Statutes, are amended to read:

  6         215.422  Warrants, vouchers, and invoices; processing

  7  time limits; dispute resolution; agency or judicial branch

  8  compliance.--

  9         (5)  All purchasing agreements between a state agency

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

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

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

13  rights shall include being provided with the name and

14  telephone number of the vendor ombudsman within the Department

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

16  on all agency or judicial branch purchase orders.

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

18  in the official position description of every officer or

19  employee who is responsible for the approval or processing of

20  vendors' invoices or distribution of warrants to vendors that

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

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

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

24  section and the rules promulgated by the Comptroller.  The

25  statement shall also acknowledge that the employee understands

26  the approval and processing time limitations and the provision

27  for automatic interest penalty payments.  Each agency and the

28  judicial branch shall certify its compliance with this

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

30  year.

31

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

  2  215.94, Florida Statutes, is amended to read:

  3         215.94  Designation, duties, and responsibilities of

  4  functional owners.--

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

  6  functional owner of the Cooperative Personnel Employment

  7  Subsystem.  The department shall design, implement, and

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

  9  110.116 and 215.90-215.96.  The subsystem shall include, but

10  shall not be limited to, functions for:

11         (a)  Maintenance of employee and position data,

12  including funding sources and percentages and salary lapse.

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

14  information to meet the payroll system requirements of the

15  Department of Banking and Finance and to meet the employee

16  benefit system requirements of the Division of State Group

17  Employees Insurance in the Department of Management Services.

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

19  216.011, Florida Statutes, is amended to read:

20         216.011  Definitions.--

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

22  appropriations acts, legislative budgets, and approved

23  budgets, each of the following terms has the meaning

24  indicated:

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

26  fixtures, and other tangible personal property of a

27  nonconsumable and nonexpendable nature, the value or cost of

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

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

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

31

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

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

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

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

  5         255.249  Division of Facilities Management;

  6  responsibility; department rules.--

  7         (2)  The department shall promulgate rules pursuant to

  8  chapter 120 providing:

  9         (b)  Procedures for soliciting and accepting

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

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

12  proposals received, for exemption from competitive bidding

13  requirements of any lease the purpose of which is the

14  provision of care and living space for persons or emergency

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

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

17  required to be competitively bid.

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

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

20  head's designated representative that all criteria for leasing

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

22  such lease and all supporting documents with the department

23  for its review and approval as to technical sufficiency.

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

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

26  amended to read:

27         255.25  Approval required prior to construction or

28  lease of buildings.--

29         (2)

30         (b)  The approval of the Department Division of

31  Facilities Management Services, except for technical

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

  2  5,000 3,000 square feet of space within a privately owned

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

  4  designated representative has certified compliance with

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

  6  255.249(2)(k) and has determined such lease to be in the best

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

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

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

10         (3)(a)  Except as provided in subsection (10), no state

11  agency shall enter into a lease as lessee for the use of 5,000

12  3,000 square feet or more of space in a privately owned

13  building except upon advertisement for and receipt of

14  competitive bids and award to the lowest and best bidder.  The

15  Department Division of Facilities Management Services shall

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

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

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

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

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

21  paragraph does not apply to buildings or facilities of any

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

23  for persons.

24         (b)  The Department Division of Facilities Management

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

26  3,000 square feet or more of space if such extensions are

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

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

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

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

31  255.249(2)(b).

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

  2  decision or intended decision pertaining to a competitive bid

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

  4  120.57(3)(b) shall post with the state agency at the time of

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

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

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

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

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

10  administrative hearing in which the action is brought and in

11  any subsequent appellate court proceeding. If the agency

12  prevails after completion of the administrative hearing

13  process and any appellate court proceedings, it shall recover

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

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

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

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

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

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

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

21  of judgment, excluding attorney's fees.

22         Section 27.  Subsection (2) of section 255.257, Florida

23  Statutes, is amended to read:

24         255.257  Energy management plan; buildings occupied by

25  state agencies.--

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

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

28  by the Department Division of Facilities Management Services,

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

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

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

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

  2  energy management plan and the effectiveness of the energy

  3  management program of each of the reporting agencies.  The

  4  department division shall advise the various agencies on the

  5  effectiveness of their energy management programs.

  6         Section 28.  Section 255.503, Florida Statutes, is

  7  amended to read:

  8         255.503  Powers of the Department Division of

  9  Facilities Management Services.--

10         (1)  The Department Division of Facilities Management

11  Services shall have all the authority necessary to carry out

12  and effectuate the purposes and provisions of this act,

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

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

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

16  accordance with the provisions of this act exclusively for the

17  purpose of paying the expenses of improving, repairing,

18  maintaining, and operating facilities and paying debt service

19  charges in connection with its obligations.

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

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

22  enter into contracts with any political subdivision or agency,

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

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

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

26  such facilities in accordance with this act through the

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

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

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

30  revenue from such facilities to finance the acquisition of

31  facilities pursuant to the provisions of this act.

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

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

  3  finance the acquisition of facilities pursuant to the

  4  provisions of this act.

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

  6  rentals or charges as may be agreed as security for

  7  obligations issued under this act and enter into trust

  8  agreements or indentures for the benefit of the holders of

  9  such obligations.

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

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

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

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

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

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

16  any lesser estate and may be subject to any reasonable

17  reservations.  Any advances or loans received from any source

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

19  loan.

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

21  facilities in the pool in accordance with applicable law.

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

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

24  timing and the amount of available funds and debt service

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

26  for operating reserves, for capitalized interest and moneys

27  not required for immediate disbursement to acquire all or a

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

29  accounts reasonably necessary to carry out the provisions of

30  this act and to invest in authorized investments any moneys

31  held in such funds and accounts, provided such investments

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  1  will be made on behalf of the Department Division of

  2  Facilities Management Services by the State Board of

  3  Administration or the Treasurer, as appropriate.

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

  5  rendering professional and technical assistance and advice and

  6  to engage services of professionals in connection with the

  7  acquisition or financing of any facility or the operation and

  8  activities of the Division of Facilities Management, including

  9  attorneys, auditors, consultants, and accountants.

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

11  agency or to any political subdivision.

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

13  the provisions of this act.

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

15  carry out the provisions of this act.

16         (2)  When the Governor, by Executive Order, declares an

17  emergency, an agency head has the responsibility for the

18  closing of the affected facilities or portions thereof within

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

20  by the Executive Order. In any other disaster or emergency

21  condition that may necessitate the closing of facilities in an

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

23  determine whether the agency offices or facilities or portion

24  thereof under his or her jurisdiction are affected by the

25  emergency and should be closed. The Department of Management

26  Services must approve the closing of any agency facility or

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

28  case of a facility operated by the Department of Management

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

30  Services has the authority and responsibility to determine

31

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  1  whether agency offices or facilities or any portion thereof

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

  3         Section 29.  Paragraph (a) of subsection (3) of section

  4  267.075, Florida Statutes, is amended to read:

  5         267.075  The Grove Advisory Council; creation;

  6  membership; purposes.--

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

  8  eight members, as follows:

  9         1.  Five members shall be private citizens appointed by

10  the Secretary of State.

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

12  Division of Facilities Management of the Department of

13  Management Services or his or her designee.

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

15  Historical Resources of the Department of State.

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

17  Mary Call Darby Collins appointed by the Secretary of State

18  with the advice of the oldest living generation of lineal

19  descendants of Mary Call Darby Collins.

20

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

22  professional curatorial and museum expertise, one member shall

23  have professional architectural expertise in the preservation

24  of historic buildings, and one member shall have professional

25  landscape expertise. The five citizen members of the council

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

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

28  appointed by the Secretary of State shall be appointed for

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

30  remainder of unexpired terms for the five citizen members of

31

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

  2  descendant of Mary Call Darby Collins.

  3         Section 30.  Paragraph (a) of subsection (1) of section

  4  272.18, Florida Statutes, is amended to read:

  5         272.18  Governor's Mansion Commission.--

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

  7  Management Services a Governor's Mansion Commission to be

  8  composed of eight members. Five members shall be private

  9  citizens appointed by the Governor and subject to confirmation

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

11  the Division of Facilities Management of the Department of

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

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

14  Department of Environmental Protection; and one member shall

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

16  employee of the Department of State with curatorial and museum

17  expertise. The Governor shall appoint all citizen members for

18  4-year terms. The Governor shall fill vacancies for the

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

20  the designated representative of the Governor shall be an ex

21  officio member of the commission but shall have no voting

22  rights except in the case of a tie vote.

23         Section 31.  Section 272.185, Florida Statutes, is

24  amended to read:

25         272.185  Maintenance of Governor's Mansion by

26  Department Division of Facilities Management Services.--

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

28         (a)  The Division of Facilities Management of the

29  Department of Management Services shall maintain all

30  structures, furnishings, equipment, and grounds of the

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

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  1  landscaping of the grounds; the antique furnishings in the

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

  3  articles of furniture, fixtures, and decorative objects used

  4  or displayed in the state rooms shall be maintained pursuant

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

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

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

  8  appurtenances thereto with the State Property Insurance Trust

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

10  authorized to purchase any necessary insurance either by a

11  primary insurance contract, excess coverage insurance, or

12  reinsurance to cover the contents of the mansion, whether

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

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

15  provision of s. 287.025.

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

17  contract and be contracted with for work and materials

18  required.

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

20  and accurate inventory of all equipment and furnishings.

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

22  budgetary requirements to the Department of Management

23  Services for its approval and inclusion in legislative budget

24  requests.

25         Section 32.  Section 273.02, Florida Statutes, is

26  amended to read:

27         273.02  Record and inventory of certain property.--The

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

29  fixtures, and other tangible personal property of a

30  nonconsumable and nonexpendable nature, the value or cost of

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

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

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

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

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

  5  item of property which it is practicable to identify by

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

  7  General.  Each custodian shall maintain an adequate record of

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

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

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

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

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

13  custody. The inventory shall be compared with the property

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

15  All publicly supported libraries shall be exempt from marking

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

17  The catalog and inventory control records maintained by each

18  publicly supported library shall constitute the property

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

20  $25 or more included in each publicly supported library

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

22  an annual physical inventory.  All books identified by these

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

24  library inventory shall be adjusted accordingly.

25         Section 33.  Subsection (5) of section 273.055, Florida

26  Statutes, is amended to read:

27         273.055  Disposition of state-owned tangible personal

28  property.--

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

30  disposition of state-owned tangible personal property or from

31  any agreement entered into under this chapter must be retained

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

  2  exchange and surplus property and for all necessary operating

  3  expenditures, and are appropriated for those purposes. The

  4  custodian shall maintain records of the accounts into which

  5  the money is deposited shall be deposited into the General

  6  Revenue Fund.

  7         Section 34.  Section 281.07, Florida Statutes, is

  8  amended to read:

  9         281.07  Rules; Facilities Program Division of Capitol

10  Police; traffic regulation.--

11         (1)  The Department of Management Services shall adopt

12  and promulgate rules to govern the administration, operation,

13  and management of the Facilities Program Division of Capitol

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

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

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

17  out the provisions of ss. 281.02-281.09.

18         (2)  Political subdivisions and municipalities may

19  enact and enforce ordinances on the violation of traffic and

20  parking rules provided in subsection (1).

21         Section 35.  Subsection (4) of section 282.111, Florida

22  Statutes, is amended to read:

23         282.111  Statewide system of regional law enforcement

24  communications.--

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

26  designee director of the division is designated as the

27  director of the statewide system of regional law enforcement

28  communications and, for the purpose of carrying out the

29  provisions of this section, is authorized to coordinate the

30  activities of the system with other interested state agencies

31  and local law enforcement agencies.

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  1         Section 36.  Paragraph (b) of subsection (2) and

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

  3  Statutes, are amended to read:

  4         287.042  Powers, duties, and functions.--The Department

  5  of Management Services division shall have the following

  6  powers, duties, and functions:

  7         (2)

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

  9  120.57(3)(c), the department division may proceed with the bid

10  solicitation or contract award process of a term contract bid

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

12  director of the division sets forth in writing particular

13  facts and circumstances which demonstrate that the delay

14  incident to staying the bid process or contract award process

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

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

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

18  the contract may be canceled and reawarded to the prevailing

19  party.

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

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

22  agencies in acquiring commodities and contractual services,

23  which shall include, but not be limited to:

24         (b)  Development of procedures for the releasing of

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

26  competitive procurements, which procedures shall include, but

27  not be limited to, publication in the Florida Administrative

28  Weekly or on Government Services Direct the Florida

29  Communities Network of notice for requests for proposals at

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

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

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

  2  agency may waive the requirement for notice in the Florida

  3  Administrative Weekly or on Government Services Direct the

  4  Florida Communities Network. Notice of the request for

  5  proposals shall be mailed to prospective offerors at least 28

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

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

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

  9  submittal of bids. The Minority Business Advocacy and

10  Assistance Office may consult with agencies regarding the

11  development of bid distribution procedures to ensure that

12  maximum distribution is afforded to certified minority

13  business enterprises as defined in s. 288.703.

14         Section 37.  Paragraph (d) of subsection (3) of section

15  287.057, Florida Statutes, is amended to read:

16         287.057  Procurement of commodities or contractual

17  services.--

18         (3)  When the purchase price of commodities or

19  contractual services exceeds the threshold amount provided in

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

21  contractual services may be made without receiving competitive

22  sealed bids or competitive sealed proposals unless:

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

24  Secretary the Department of Management Services or his or her

25  designee may authorize the Support Program director of the

26  division to purchase insurance by negotiation, but such

27  purchase shall be made only under conditions most favorable to

28  the public interest.

29         Section 38.  Section 287.16, Florida Statutes, is

30  amended to read:

31

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  1         287.16  Powers and duties of department division.--The

  2  Department of Management Services Division of Motor Pool shall

  3  have the following powers, duties, and responsibilities:

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

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

  6         (2)  To establish and operate central facilities for

  7  the acquisition, disposal, operation, maintenance, repair,

  8  storage, supervision, control, and regulation of all

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

10  operate any state facilities for those purposes.  Acquisition

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

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

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

14  aircraft and motor vehicle, and associated maintenance

15  facilities and equipment, except those used principally

16  associated maintenance facilities and equipment, except those

17  used principally for law enforcement or fire control purposes,

18  to the Department of Management Services, including all right,

19  title, interest, and equity therein.

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

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

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

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

24  state agency.

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

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

27  any reasonable criteria.

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

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

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

31  motor vehicles and to require the placement of appropriate

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

  2  motor vehicles of the state.  The department division may

  3  delegate to the respective heads of the agencies to which

  4  aircraft and motor vehicles are assigned the duty of enforcing

  5  the rules and regulations adopted by the department division.

  6         (7)  To contract for specialized maintenance services.

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

  8  make reports regarding aircraft and motor vehicles to the

  9  department division as may be required. The Department of

10  Highway Safety and Motor Vehicles may use the reporting system

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

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

13  Vehicles shall use a reporting system approved by the

14  department division. The Support Program division shall assist

15  the Department of Highway Safety and Motor Vehicles in

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

17  1984, which shall specifically address the needs and

18  requirements of the Support Program division and the

19  Department of Highway Safety and Motor Vehicles.

20         (9)  To establish and operate central facilities to

21  determine the mode of transportation to be used by state

22  employees traveling on official state business and to schedule

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

24  passenger-carrying vehicles to assure maximum utilization of

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

26  that employees travel by the most practical and economical

27  mode of travel. The department division shall consider the

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

29  most efficient and economical means of travel considering the

30  time of the employee, transportation cost and subsistence

31

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

  2  of the trip.

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

  4  end of each calendar year concerning the utilization of all

  5  aircraft in the executive pool and special purpose aircraft.

  6         Section 39.  Section 287.18, Florida Statutes, is

  7  amended to read:

  8         287.18  Repair and service of motor vehicles and

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

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

11  department or any state agency having facilities for the

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

13  distribution of gasoline and other petroleum products to

14  repair aircraft and motor vehicles and to furnish gasoline and

15  other petroleum products to any other department or agency and

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

17         Section 40.  Subsections (5) and (12) of section

18  365.171, Florida Statutes, are amended to read:

19         365.171  Emergency telephone number "911".--

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

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

22  as the director of the statewide emergency telephone number

23  "911" system and, for the purpose of carrying out the

24  provisions of this section, is authorized to coordinate the

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

26  private agencies.  The director is authorized to employ not

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

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

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

30  provisions of this section.  The director in implementing the

31

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

  2  enforcement agencies.

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

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

  5  is authorized to apply for and accept federal funding

  6  assistance in the development and implementation of a

  7  statewide emergency telephone number "911" system.

  8         Section 41.  Section 401.021, Florida Statutes, is

  9  amended to read:

10         401.021  System director.--The Secretary of Management

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

12  Communications is designated as the director of the statewide

13  telecommunications system of the regional emergency medical

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

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

16  telecommunications system with other interested state, county,

17  local, and private agencies.

18         Section 42.  Section 401.027, Florida Statutes, is

19  amended to read:

20         401.027  Federal assistance.--The Secretary of

21  Management Services or his or her designee director of the

22  Division of Communications is authorized to apply for and

23  accept federal funding assistance in the development and

24  implementation of a statewide emergency medical

25  telecommunications system.

26         Section 43.  Subsection (1) of section 446.604, Florida

27  Statutes, is amended to read:

28         446.604  One-Stop Career Centers.--

29         (1)  The Department of Management Services shall

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

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

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  1  that are operated by the Department of Labor and Employment

  2  Security, the Department of Health and Rehabilitative

  3  Services, the Department of Education, and other authorized

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

  5  plan shall identify resources within existing revenues to

  6  establish and support such electronic network for service

  7  delivery that includes Government Services Direct the Florida

  8  Communities Network.

  9         Section 44.  Paragraph (e) of subsection (3) of section

10  447.208, Florida Statutes, is amended to read:

11         447.208  Procedure with respect to certain appeals

12  under s. 447.207.--

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

14  suspensions, or dismissals pursuant to the provisions of this

15  section:

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

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

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

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

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

21  of an appeal against an agency in which the commission

22  sustains the employee. In determining the amount of an

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

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

25  of hours spent on similar Career Service System appeals and

26  the reasonable hourly rate charged in the geographic area for

27  similar appeals, but not including litigation over the amount

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

29  pending cases.

30         Section 45.  Paragraph (b) of subsection (2) of section

31  768.76, Florida Statutes, is amended to read:

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  1         768.76  Collateral sources of indemnity.--

  2         (2)  For purposes of this section:

  3         (b)  Notwithstanding any other provision of this

  4  section, benefits received under Medicare, or any other

  5  federal program providing for a Federal Government lien on or

  6  right of reimbursement from the plaintiff's recovery, the

  7  Workers' Compensation Law, the Medicaid program of Title XIX

  8  of the Social Security Act, the state group health

  9  self-insurance plan administered under s. 110.123, or from any

10  medical services program administered by the Department of

11  Health and Rehabilitative Services shall not be considered a

12  collateral source. In addition, a health maintenance

13  organization participating in the state group insurance

14  program pursuant to state contract shall not be considered a

15  collateral source for benefits received by any claimant who,

16  with respect to such benefits, was covered by the health

17  maintenance organization plan as a participant under the state

18  group insurance program as defined in s. 110.123.

19         Section 46.  Sections 110.407 and 110.607, Florida

20  Statutes, are repealed.

21         Section 47.  This act shall take effect upon becoming a

22  law.

23

24

25

26

27

28

29

30

31

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1132

  3

  4  The Committee Substitute increases the number of positions
    eligible for Senior Management Service status by treating the
  5  Division of State Group Insurance and the Division of
    Retirement as if they were departments.  Each division is not
  6  permitted to designate up to ten policymaking positions as
    eligible for SMS inclusion.  All state agencies would be
  7  permitted to receive an additional position for SMS
    eligibility. Dollar thresholds on the inventorying
  8  requirements and classification of tangible personal property
    and books are raised from $500 and $100, respectively, to
  9  $1,000 and $250, respectively. A substantial revision to the
    state employee prescription drug program is undertaken to
10  shift the setting of co-payment amounts from general law to
    the appropriations or implementing bill process.  Technical
11  nomenclature changes to the employee health insurance program
    are completed following its reorganization by the 1997
12  Legislature. Participating entities in the program, including
    external managed care organizations, are excluded from
13  collateral source recovery under s. 768.76, F.S. Stipend
    amounts for employee and volunteer awards and commemorative
14  items are raised.

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

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