Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 838
Barcode 531764
CHAMBER ACTION
Senate House
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05/02/2005 02:13 PM .
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11 Senators Miller and Campbell moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 79, between lines 11 and 12,
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16 insert:
17 Section 14. Health care payroll assessment.--
18 (1) As used in this section, the term:
19 (a) "Agency" means the Agency for Health Care
20 Administration.
21 (b) "Employee" means any person who receives
22 remuneration from an employer for the performance of any work
23 or service while engaged in any employment under any
24 appointment or contract for hire or apprenticeship, express or
25 implied, oral or written, whether lawfully or unlawfully
26 employed, and includes, but is not limited to, aliens and
27 minors.
28 (c) "Employer" means every person or entity carrying
29 on any employment with 10,000 or more employees in this state.
30 The term "employer" does not include the state or the
31 political subdivisions in the state.
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 838
Barcode 531764
1 (d) "Entity" includes corporation and foreign
2 corporation; unincorporated association; business trust,
3 estate, partnership, trust, and two or more persons having a
4 joint or common economic interest.
5 (e) "Health insurance costs" means the amount paid by
6 an employer to provide health care or health insurance to
7 employees in this state to the extent the costs may be
8 deductible by an employer under federal tax law. Health
9 insurance costs include payments for medical care,
10 prescription drugs, vision care, dental care, and any other
11 costs to provide health care to an employee.
12 (f) "Secretary" means the secretary for Health Care
13 Administration.
14 (g) "Wages" means the money rate at which the service
15 rendered is recompensed under a contract of hiring and
16 includes only the wages earned and reported for federal income
17 tax purposes.
18 (2) Beginning January 1, 2007, and annually
19 thereafter, an employer must submit to the secretary on a form
20 or in a manner approved by the secretary:
21 (a) The number of employees of the employer in this
22 state as of 1 day in the year immediately preceding the
23 previous calendar year as determined by the employer on an
24 annual basis.
25 (b) The amount of money spent by the employer in the
26 year immediately preceding the previous calendar year on
27 health insurance costs in this state.
28 (c) The percentage of the payroll that was spent by
29 the employer in the year immediately preceding the previous
30 calendar year on health insurance costs in this state.
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 838
Barcode 531764
1 The information required shall be designated in a report
2 signed by the principal executive officer and include an
3 affidavit under penalty of perjury that the information
4 required in this section was reviewed by the principal
5 executive officer and is true to the best of the officer's
6 knowledge, information and belief.
7 (3) When calculating the percentage of payroll under
8 this section, an employer may exempt:
9 (a) Wages paid to any employee in excess of the median
10 household income in this state as published by the United
11 States Census Bureau; and
12 (b) Wages paid to an employee who is enrolled in or
13 eligible for Medicare.
14 (4) An employer who is organized as a not for profit
15 organization that does not spend up to 6 percent of the total
16 wages paid to employees in this state on health insurance
17 costs shall pay to the secretary an amount equal to the
18 difference between what the employer spends for health
19 insurance costs and an amount equal to 6 percent of the total
20 wages paid to employees in this state.
21 (5) An employer who is not organized as a not for
22 profit organization and does not spend up to 8 percent of the
23 total wages paid to employees in this state on health
24 insurance costs shall pay to the secretary an amount equal to
25 the difference between what the employer spends for health
26 insurance costs and an amount equal to 8 percent of the total
27 wages paid to employees in this state.
28 (6) An employer may not deduct any payment made under
29 subsection (4) or subsection (5) from the wages of an
30 employee.
31 (7) An employer must make payments required under this
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 838
Barcode 531764
1 section to the secretary on a periodic basis as adopted in a
2 rule by the agency.
3 (8) On or before March 15 of each year, the secretary
4 shall report to the Governor and to the Legislature:
5 (a) The name of each nonprofit and for profit employer
6 with 10,000 or more employees in this state;
7 (b) The employer's definition of a full-time employee;
8 (c) The number of full-time employees;
9 (d) The number of full-time employees eligible to
10 receive health insurance benefits;
11 (e) The number of full-time employees receiving health
12 insurance benefits from the employer;
13 (f) The source of health insurance benefits for those
14 full-time employees not receiving health benefits through an
15 employer subject to reporting under this section;
16 (g) The number of part-time employees;
17 (h) The number of part-time employees eligible to
18 receive health insurance benefits;
19 (i) The number of part-time employees receiving health
20 insurance benefits from the employer; and
21 (j) The source of health insurance benefits for those
22 eligible part-time employees not receiving health benefits
23 through an employer subject to reporting under this section.
24 (9) On an annual basis, the secretary shall:
25 (a) Verify which nonprofit and for profit employer has
26 10,000 or more employees in this state; and
27 (b) Ensure that each nonprofit and for profit employer
28 with 10,000 or more employees in this state has reported as
29 required by this section.
30 (10)(a) If an employer fails to report to the
31 secretary the information that is required by subsection (2),
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 838
Barcode 531764
1 the secretary shall impose on the employer a civil fine of
2 $250 for each day that the report is not filed with the
3 secretary.
4 (b) If an employer fails to make a required payment to
5 the secretary which is required by subsection (7), the
6 secretary shall impose on the employer a civil fine of
7 $250,000.
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9 (Redesignate subsequent sections.)
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12 ================ T I T L E A M E N D M E N T ===============
13 And the title is amended as follows:
14 On page 4, line 19, after the semicolon
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16 insert:
17 creating the health care payroll assessment;
18 providing definitions; requiring employers with
19 more than 10,000 employees in this state to
20 provide specified information to the secretary
21 of the Health Care Administration; requiring
22 employers who do not spend a specified amount
23 on health insurance costs to pay the secretary
24 an amount equal to the difference between what
25 the employer pays and a percentage of the total
26 payroll; requiring the secretary to submit
27 certain reports to the Governor and the
28 Legislature by a specified date; providing for
29 penalties
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