October 30, 2020
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Senate Bill 1250

Senate Bill sb1250e1

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




    CS for SB 1250                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to employee benefits; amending

  3         s. 110.12315, F.S., relating to the state

  4         employees' prescription drug program; deleting

  5         obsolete provisions; removing an expiration

  6         date applicable to copayment amounts; amending

  7         s. 110.1239, F.S.; removing an expiration date

  8         applicable to provisions governing procedures

  9         for determining the level of premiums necessary

10         to fund the state group health insurance

11         program; amending s. 624.437, F.S.; clarifying

12         that a provision requiring certain insurers to

13         obtain a certificate of authority does not

14         apply to the state group health insurance

15         program; providing for certain personnel moving

16         from county government to a position in the

17         state courts system, an office of the state

18         attorney, or an office of the public defender,

19         and their covered dependents, to qualify for

20         the state group health insurance program;

21         authorizing state attorneys and public

22         defenders to transfer a specified amount of

23         unused annual leave and unused sick leave;

24         amending s. 110.161, F.S.; including certain

25         additional salaried employees of state

26         government within the definition of "employee"

27         for purposes of the pretax benefits program;

28         providing for the transfer of certain savings

29         from the employer FICA contributions into the

30         Pretax Benefits Trust Fund; amending s.

31         110.123, F.S., relating to the state group


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    CS for SB 1250                                 First Engrossed



 1         insurance program; revising the application of

 2         coverage for legislative members and employees;

 3         amending s. 121.081, F.S.; providing for the

 4         past service of certain specified employees who

 5         became employees of the State Courts System as

 6         a result of the revision of Art. V of the State

 7         Constitution to be included service for

 8         purposes of the Florida Retirement System;

 9         providing for the resolution of certain

10         collective bargaining issues at impasse between

11         the State of Florida and the specified employee

12         bargaining units; providing for the resolution

13         of mandatory collective bargaining issues at

14         impasse for the 2004-2005 fiscal year which are

15         not addressed by the act or the General

16         Appropriations Act; providing an effective

17         date.

18  

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

20  

21         Section 1.  Subsection (7) of section 110.12315,

22  Florida Statutes, is amended to read:

23         110.12315  Prescription drug program.--The state

24  employees' prescription drug program is established.  This

25  program shall be administered by the Department of Management

26  Services, according to the terms and conditions of the plan as

27  established by the relevant provisions of the annual General

28  Appropriations Act and implementing legislation, subject to

29  the following conditions:

30         (7)  Under the state employees' prescription drug

31  program copayments must be made as follows:


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    CS for SB 1250                                 First Engrossed



 1         (a)  Effective January 1, 2001, through December 31,

 2  2003:

 3         1.  For generic drug with card......................$7.

 4         2.  For preferred brand name drug with card........$20.

 5         3.  For nonpreferred brand name drug with card.....$35.

 6         4.  For generic mail order drug.................$10.50.

 7         5.  For preferred brand name mail order drug.......$30.

 8         6.  For nonpreferred brand name drug............$52.50.

 9         (a)(b)  Effective January 1, 2004:

10         1.  For generic drug with card.....................$10.

11         2.  For preferred brand name drug with card........$25.

12         3.  For nonpreferred brand name drug with card.....$40.

13         4.  For generic mail order drug....................$20.

14         5.  For preferred brand name mail order drug.......$50.

15         6.  For nonpreferred brand name drug...............$80.

16         (b)(c)  The Department of Management Services shall

17  create a preferred brand name drug list to be used in the

18  administration of the state employees' prescription drug

19  program.

20  

21  This subsection expires July 1, 2004.

22         Section 2.  Section 110.1239, Florida Statutes, is

23  amended to read:

24         110.1239  State group health insurance program

25  funding.--For the 2003-2004 fiscal year only, It is the intent

26  of the Legislature that the state group health insurance

27  program be managed, administered, operated, and funded in such

28  a manner as to maximize the protection of state employee

29  health insurance benefits. Inherent in this intent is the

30  recognition that the health insurance liabilities attributable

31  


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    CS for SB 1250                                 First Engrossed



 1  to the benefits offered state employees should be fairly,

 2  orderly, and equitably funded. Accordingly:

 3         (1)  The division shall determine the level of premiums

 4  necessary to fully fund the state group health insurance

 5  program for the next fiscal year. Such determination shall be

 6  made after each Self-Insurance Estimating Conference as

 7  provided in s. 216.136(11), but not later than December 1 and

 8  April 1 of each fiscal year.

 9         (2)  The Governor, in the Governor's recommended

10  budget, shall provide premium rates necessary for full funding

11  of the state group health insurance program, and the

12  Legislature shall provide in the General Appropriations Act

13  for a premium level necessary for full funding of the state

14  group health insurance program.

15         (3)  For purposes of funding, any additional

16  appropriation amounts allocated to the state group health

17  insurance program by the Legislature shall be considered as a

18  state contribution and thus an increase in the state premiums.

19         (4)  This section expires July 1, 2004.

20         Section 3.  Subsection (3) of section 624.437, Florida

21  Statutes, is amended to read:

22         624.437  "Multiple-employer welfare arrangement"

23  defined; certificate of authority required; penalty.--

24         (3)  This section does not apply to a multiple-employer

25  welfare arrangement which offers or provides benefits which

26  are fully insured by an authorized insurer, or to an

27  arrangement which is exempt from state insurance regulation in

28  accordance with Pub. L. No. 93-406, the Employee Retirement

29  Income Security Act, or to the state group health insurance

30  program administered pursuant to s. 110.123.

31  


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    CS for SB 1250                                 First Engrossed



 1         Section 4.  All personnel moving from county government

 2  to a position in the state courts system, an office of the

 3  state attorney, or an office of the public defender, as a part

 4  of the implementation of Revision No. 7 to Article 5 of the

 5  State Constitution, and their covered dependents, who were

 6  continuously enrolled for at least 12 months in a

 7  county-sponsored group health insurance program on June 30,

 8  2004, shall be deemed to have met the preexisting conditions

 9  requirements under the State Group Health Insurance Program.

10         Section 5.  All personnel moving from county government

11  to a position in an office of the state attorney or an office

12  of the public defender as a part of the implementation of

13  Revision No. 7 to Article 5 of the State Constitution shall be

14  allowed to transfer up to 80 hours of unused annual leave and

15  up to 320 hours of unused sick leave.

16         Section 6.  Subsections (2) and (3) of section 110.161,

17  Florida Statutes, are amended to read:

18         110.161  State employees; pretax benefits program.--

19         (2)  As used in this section, "employee" means any

20  individual filling an authorized and established position in

21  the executive, legislative, or judicial branch of the state,

22  including the employees of the State Board of Administration,

23  and the state universities, and other entities of state

24  government holding salaried positions and being paid by state

25  warrant or from agency funds.

26         (7)  The Legislature recognizes that a substantial

27  amount of the employer savings realized by the implementation

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

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

30  Contributions Act tax. There is hereby created the Pretax

31  Benefits Trust Fund in the Department of Management Services.


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    CS for SB 1250                                 First Engrossed



 1  Each agency in the executive, legislative, or judicial branch

 2  of the state, including the State Board of Administration,

 3  state universities, and other entities of state government

 4  whose employees hold salaried positions and are paid by state

 5  warrant or from agency funds, shall transfer to the Pretax

 6  Benefits Trust Fund the full and complete employer FICA

 7  contributions saved in connection with each weekly, biweekly,

 8  semimonthly, or monthly payroll by the state as a result of

 9  the implementation of the pretax benefits program authorized

10  pursuant to this section. Such savings shall be transferred to

11  the Pretax Benefits Trust Fund upon transacting each payroll,

12  but not later than a subsequent payroll. Any moneys forfeited

13  pursuant to employees' salary reduction agreements to

14  participate in the program must also be deposited in the

15  Pretax Benefits Trust Fund. Moneys in the Pretax Benefits

16  Trust Fund shall be used for the pretax benefits program,

17  including its administration by the Department of Management

18  Services or a third-party administrator.

19         Section 7.  Subsection (8) of section 110.123, Florida

20  Statutes, is amended to read:

21         110.123  State group insurance program.--

22         (8)  COVERAGE FOR LEGISLATIVE MEMBERS AND EMPLOYEES.--

23         (a)  The Legislature may provide coverage for its

24  members and employees under all or any part of the state group

25  insurance program; may provide coverage for its members and

26  employees under a legislative group insurance program in lieu

27  of all or any part of the state group insurance program; and,

28  notwithstanding the provisions of paragraph (4)(c), may assume

29  the cost of any group insurance coverage provided to its

30  members and employees.

31  


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    CS for SB 1250                                 First Engrossed



 1         (b)  Effective July 1, 1999, Any legislative member who

 2  terminates his or her elected service after January July 1,

 3  1999, after having vested in the state retirement system, may

 4  purchase coverage in a state group health insurance plan at

 5  the same premium cost as that for retirees and surviving

 6  spouses. Such legislators may also elect to continue coverage

 7  under the group term life insurance program prevailing for

 8  current members at the premium cost in effect for that plan.

 9         Section 8.  Paragraph (k) is added to subsection (1) of

10  section 121.081, Florida Statutes, to read:

11         121.081  Past service; prior service;

12  contributions.--Conditions under which past service or prior

13  service may be claimed and credited are:

14         (1)

15         (k)  Employees of the Fourth Judicial Circuit who were

16  in an employee-employer relationship with the City of

17  Jacksonville on June 30, 2004, and who became employees of the

18  State Courts System on July 1, 2004, as a result of

19  implementation of Revision 7 to Article V of the State

20  Constitution shall be deemed to be included in past service as

21  defined in s. 121.021(18), for the purposes of the Florida

22  Retirement System, any other provisions of law

23  notwithstanding. If credit for such service has not been

24  granted under any other retirement system, any member of the

25  Florida Retirement System therein shall be entitled to receive

26  past-service credit for his or her period of employment with

27  the City of Jacksonville prior to July 1, 2004, in the manner

28  provided in this subsection. However, in no event will

29  eligibility for past service be established unless required

30  contributions are paid into the Florida Retirement System for

31  


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    CS for SB 1250                                 First Engrossed



 1  such period of past service, and such contributions may be

 2  paid by the member or prior employer on behalf of the member.

 3         Section 9.  (1)  Collective bargaining issues at

 4  impasse between the State of Florida and the International

 5  Union of Police Associations for Law Enforcement Bargaining

 6  Unit employees shall be resolved as follows:

 7         (a)  All collective bargaining issues at impasse

 8  regarding Article 16 "Employment Outside State Government"

 9  shall be resolved pursuant to the state's last offer.

10         (b)  All collective bargaining issues at impasse

11  regarding Article 22 "Job-connected Disability" and Article 24

12  "On-call assignment - Call back - Court Appearance" shall be

13  resolved by maintaining the status quo under the language of

14  the current collective bargaining agreement.

15         (c)  All collective bargaining issues at impasse

16  regarding Article 18 "Hours of Work, Leave, Job-connected

17  Disability" shall be resolved pursuant to the state's last

18  offer, except that the issues at impasse relating to "Section

19  3-Work Schedule" for employees of the Fish and Wildlife

20  Conservation Commission shall be resolved pursuant to the

21  Settlement Agreement transmitted on March 2, 2004, by the

22  commission to the bargaining unit representatives.

23         (2)  All mandatory collective bargaining issues at

24  impasse between the State of Florida and the Federation of

25  Physicians and Dentists for Selected Exempt Service Physicians

26  Unit employees shall be resolved by maintaining the status quo

27  under the language of the current collective bargaining

28  agreement.

29         (3)  Collective bargaining issues at impasse between

30  the State of Florida and the Police Benevolent Association for

31  the Special Agents Bargaining Unit employees regarding Article


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    CS for SB 1250                                 First Engrossed



 1  16 "Employment Outside State Government" and Article 17

 2  "Department Vehicles" shall be resolved by maintaining the

 3  status quo under the language of the current collective

 4  bargaining agreement.

 5         (4)  Collective bargaining issues at impasse between

 6  the State of Florida and the Florida Police Benevolent

 7  Association for Security Services Bargaining Unit employees

 8  regarding Article 7 "Discipline and Discharge" and Article 28

 9  "Travel Expenses" shall be resolved by maintaining the status

10  quo under the language of the current collective bargaining

11  agreement.

12         (5)  Collective bargaining issues at impasse between

13  the State of Florida and AFSCME, Council 79, Master Contract

14  Units, for career service employees regarding Article 1

15  "Recognition," Article 6 "Grievance Procedure," Article 7

16  "Discipline and Discharge," Article 8 "Workforce Reduction and

17  Privatization," Article 9 "Reassignment, Transfer, Change in

18  Duty Station," Article 10 "Promotion," Article 12 "Personnel

19  Records," Article 14 "Performance Review," Article 17

20  "Seniority," Article 18 "Leaves of Absence, Hours of Work, and

21  Disability," Article 22 "Disability Leave," Article 23 "Hours

22  of Work/Overtime," and Article 26 "Quality of Service through

23  Partnership" shall be resolved pursuant to the state's last

24  offer.

25         (6)  Collective bargaining issues at impasse between

26  the State of Florida and the Florida State Fire Service

27  Association regarding Article 16 "Retirement," Article 23

28  "Hours of Work and Overtime," and Article 24 "On-call

29  Assignment, Call-Back, and Residency" shall be resolved by

30  maintaining the status quo under the language of the current

31  collective bargaining agreement.


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    CS for SB 1250                                 First Engrossed



 1         (7)  Collective bargaining issues at impasse between

 2  the State of Florida and the Federation of Physicians and

 3  Dentists for Selected Exempt Service Supervisory

 4  Nonprofessional Unit employees shall be resolved as follows:

 5         (a)  All collective bargaining issues at impasse

 6  regarding Article 7 "Employee Standards of Conduct" and

 7  Article 11 "Classification and Pay Plan" shall be resolved by

 8  maintaining the status quo under the language of the current

 9  collective bargaining agreement.

10         (b)  All collective bargaining issues at impasse

11  regarding Article 18 "Hours of Work/Overtime & Leaves of

12  Absence" shall be resolved pursuant to the state's last offer.

13         (8)  All other mandatory collective bargaining issues

14  at impasse for the 2004-2005 fiscal year which are not

15  addressed by this act or the General Appropriations Act for

16  the 2004-2005 fiscal year shall be resolved consistent with

17  the personnel rules in effect on April 20, 2004, and by

18  otherwise maintaining the status quo under the language of the

19  current collective bargaining agreements.

20         Section 10.  This act shall take effect upon becoming a

21  law.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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