October 30, 2020
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Amendment CaShTmL-285528.HTM
                                    CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 1250
    Amendment No. 2   Barcode 285528
                            CHAMBER ACTION
              Senate                               House
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       04/30/2004 04:23 PM         .                    
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11  The Conference Committee on CS for SB 1250 recommended the
12  following amendment:
13  
14         Conference Committee Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (7) of section 110.12315,
19  Florida Statutes, is amended to read:
20         110.12315  Prescription drug program.--The state
21  employees' prescription drug program is established.  This
22  program shall be administered by the Department of Management
23  Services, according to the terms and conditions of the plan as
24  established by the relevant provisions of the annual General
25  Appropriations Act and implementing legislation, subject to
26  the following conditions:
27         (7)  Under the state employees' prescription drug
28  program copayments must be made as follows:
29         (a)  Effective January 1, 2001, through December 31,
30  2003:
31         1.  For generic drug with card......................$7.
                                  1
    6:28 PM   04/29/04                                   c1250c-02

CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1250 Amendment No. 2 Barcode 285528 1 2. For preferred brand name drug with card........$20. 2 3. For nonpreferred brand name drug with card.....$35. 3 4. For generic mail order drug.................$10.50. 4 5. For preferred brand name mail order drug.......$30. 5 6. For nonpreferred brand name drug............$52.50. 6 (a)(b) Effective January 1, 2004: 7 1. For generic drug with card.....................$10. 8 2. For preferred brand name drug with card........$25. 9 3. For nonpreferred brand name drug with card.....$40. 10 4. For generic mail order drug....................$20. 11 5. For preferred brand name mail order drug.......$50. 12 6. For nonpreferred brand name drug...............$80. 13 (b)(c) The Department of Management Services shall 14 create a preferred brand name drug list to be used in the 15 administration of the state employees' prescription drug 16 program. 17 18 This subsection expires July 1, 2004. 19 Section 2. Section 110.1239, Florida Statutes, is 20 amended to read: 21 110.1239 State group health insurance program 22 funding.--For the 2003-2004 fiscal year only, It is the intent 23 of the Legislature that the state group health insurance 24 program be managed, administered, operated, and funded in such 25 a manner as to maximize the protection of state employee 26 health insurance benefits. Inherent in this intent is the 27 recognition that the health insurance liabilities attributable 28 to the benefits offered state employees should be fairly, 29 orderly, and equitably funded. Accordingly: 30 (1) The division shall determine the level of premiums 31 necessary to fully fund the state group health insurance 2 6:28 PM 04/29/04 c1250c-02
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1250 Amendment No. 2 Barcode 285528 1 program for the next fiscal year. Such determination shall be 2 made after each Self-Insurance Estimating Conference as 3 provided in s. 216.136(11), but not later than December 1 and 4 April 1 of each fiscal year. 5 (2) The Governor, in the Governor's recommended 6 budget, shall provide premium rates necessary for full funding 7 of the state group health insurance program, and the 8 Legislature shall provide in the General Appropriations Act 9 for a premium level necessary for full funding of the state 10 group health insurance program. 11 (3) For purposes of funding, any additional 12 appropriation amounts allocated to the state group health 13 insurance program by the Legislature shall be considered as a 14 state contribution and thus an increase in the state premiums. 15 (4) This section expires July 1, 2004. 16 Section 3. Subsection (3) of section 624.437, Florida 17 Statutes, is amended to read: 18 624.437 "Multiple-employer welfare arrangement" 19 defined; certificate of authority required; penalty.-- 20 (3) This section does not apply to a multiple-employer 21 welfare arrangement which offers or provides benefits which 22 are fully insured by an authorized insurer, or to an 23 arrangement which is exempt from state insurance regulation in 24 accordance with Pub. L. No. 93-406, the Employee Retirement 25 Income Security Act, or to the state group health insurance 26 program administered pursuant to s. 110.123. 27 Section 4. All personnel moving from county government 28 to a position in the state courts system, an office of the 29 state attorney, or an office of the public defender, as a part 30 of the implementation of Revision No. 7 to Article 5 of the 31 State Constitution, and their covered dependents, who were 3 6:28 PM 04/29/04 c1250c-02
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1250 Amendment No. 2 Barcode 285528 1 continuously enrolled for at least 12 months in a 2 county-sponsored group health insurance program on June 30, 3 2004, shall be deemed to have met the preexisting conditions 4 requirements under the State Group Health Insurance Program. 5 Section 5. All personnel moving from county government 6 to a position in an office of the state attorney or an office 7 of the public defender as a part of the implementation of 8 Revision No. 7 to Article 5 of the State Constitution shall be 9 allowed to transfer up to 80 hours of unused annual leave and 10 up to 320 hours of unused sick leave. 11 Section 6. Subsections (2) and (3) of section 110.161, 12 Florida Statutes, are amended to read: 13 110.161 State employees; pretax benefits program.-- 14 (2) As used in this section, "employee" means any 15 individual filling an authorized and established position in 16 the executive, legislative, or judicial branch of the state, 17 including the employees of the State Board of Administration, 18 and the state universities, and other entities of state 19 government holding salaried positions and being paid by state 20 warrant or from agency funds. 21 (7) The Legislature recognizes that a substantial 22 amount of the employer savings realized by the implementation 23 of a pretax benefits program will be the result of diminutions 24 in the state's employer contribution to the Federal Insurance 25 Contributions Act tax. There is hereby created the Pretax 26 Benefits Trust Fund in the Department of Management Services. 27 Each agency in the executive, legislative, or judicial branch 28 of the state, including the State Board of Administration, 29 state universities, and other entities of state government 30 whose employees hold salaried positions and are paid by state 31 warrant or from agency funds, shall transfer to the Pretax 4 6:28 PM 04/29/04 c1250c-02
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1250 Amendment No. 2 Barcode 285528 1 Benefits Trust Fund the full and complete employer FICA 2 contributions saved in connection with each weekly, biweekly, 3 semimonthly, or monthly payroll by the state as a result of 4 the implementation of the pretax benefits program authorized 5 pursuant to this section. Such savings shall be transferred to 6 the Pretax Benefits Trust Fund upon transacting each payroll, 7 but not later than a subsequent payroll. Any moneys forfeited 8 pursuant to employees' salary reduction agreements to 9 participate in the program must also be deposited in the 10 Pretax Benefits Trust Fund. Moneys in the Pretax Benefits 11 Trust Fund shall be used for the pretax benefits program, 12 including its administration by the Department of Management 13 Services or a third-party administrator. 14 Section 7. Subsection (8) of section 110.123, Florida 15 Statutes, is amended to read: 16 110.123 State group insurance program.-- 17 (8) COVERAGE FOR LEGISLATIVE MEMBERS AND EMPLOYEES.-- 18 (a) The Legislature may provide coverage for its 19 members and employees under all or any part of the state group 20 insurance program; may provide coverage for its members and 21 employees under a legislative group insurance program in lieu 22 of all or any part of the state group insurance program; and, 23 notwithstanding the provisions of paragraph (4)(c), may assume 24 the cost of any group insurance coverage provided to its 25 members and employees. 26 (b) Effective July 1, 1999, Any legislative member who 27 terminates his or her elected service after January July 1, 28 1999, after having vested in the state retirement system, may 29 purchase coverage in a state group health insurance plan at 30 the same premium cost as that for retirees and surviving 31 spouses. Such legislators may also elect to continue coverage 5 6:28 PM 04/29/04 c1250c-02
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1250 Amendment No. 2 Barcode 285528 1 under the group term life insurance program prevailing for 2 current members at the premium cost in effect for that plan. 3 Section 8. Paragraph (k) is added to subsection (1) of 4 section 121.081, Florida Statutes, to read: 5 121.081 Past service; prior service; 6 contributions.--Conditions under which past service or prior 7 service may be claimed and credited are: 8 (1) 9 (k) Employees of the Fourth Judicial Circuit who were 10 in an employee-employer relationship with the City of 11 Jacksonville on June 30, 2004, and who became employees of the 12 State Courts System on July 1, 2004, as a result of 13 implementation of Revision 7 to Article V of the State 14 Constitution shall be deemed to be included in past service as 15 defined in s. 121.021(18), for the purposes of the Florida 16 Retirement System, any other provisions of law 17 notwithstanding. If credit for such service has not been 18 granted under any other retirement system, any member of the 19 Florida Retirement System therein shall be entitled to receive 20 past-service credit for his or her period of employment with 21 the City of Jacksonville prior to July 1, 2004, in the manner 22 provided in this subsection. However, in no event will 23 eligibility for past service be established unless required 24 contributions are paid into the Florida Retirement System for 25 such period of past service, and such contributions may be 26 paid by the member or prior employer on behalf of the member. 27 Section 9. (1) Collective bargaining issues at 28 impasse between the State of Florida and the International 29 Union of Police Associations for Law Enforcement Bargaining 30 Unit employees shall be resolved as follows: 31 (a) All collective bargaining issues at impasse 6 6:28 PM 04/29/04 c1250c-02
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1250 Amendment No. 2 Barcode 285528 1 regarding Article 16 "Employment Outside State Government" 2 shall be resolved pursuant to the state's last offer. 3 (b) All collective bargaining issues at impasse 4 regarding Article 22 "Job-connected Disability" and Article 24 5 "On-call assignment - Call back - Court Appearance" shall be 6 resolved by maintaining the status quo under the language of 7 the current collective bargaining agreement. 8 (c) All collective bargaining issues at impasse 9 regarding Article 18 "Hours of Work, Leave, Job-connected 10 Disability" shall be resolved pursuant to the state's last 11 offer, except that the issues at impasse relating to "Section 12 3-Work Schedule" for employees of the Fish and Wildlife 13 Conservation Commission shall be resolved pursuant to the 14 Settlement Agreement transmitted on March 2, 2004, by the 15 commission to the bargaining unit representatives. 16 (2) All mandatory collective bargaining issues at 17 impasse between the State of Florida and the Federation of 18 Physicians and Dentists for Selected Exempt Service Physicians 19 Unit employees shall be resolved by maintaining the status quo 20 under the language of the current collective bargaining 21 agreement. 22 (3) Collective bargaining issues at impasse between 23 the State of Florida and the Police Benevolent Association for 24 the Special Agents Bargaining Unit employees regarding Article 25 16 "Employment Outside State Government" and Article 17 26 "Department Vehicles" shall be resolved by maintaining the 27 status quo under the language of the current collective 28 bargaining agreement. 29 (4) Collective bargaining issues at impasse between 30 the State of Florida and the Florida Police Benevolent 31 Association for Security Services Bargaining Unit employees 7 6:28 PM 04/29/04 c1250c-02
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1250 Amendment No. 2 Barcode 285528 1 regarding Article 7 "Discipline and Discharge" and Article 28 2 "Travel Expenses" shall be resolved by maintaining the status 3 quo under the language of the current collective bargaining 4 agreement. 5 (5) Collective bargaining issues at impasse between 6 the State of Florida and AFSCME, Council 79, Master Contract 7 Units, for career service employees regarding Article 1 8 "Recognition," Article 6 "Grievance Procedure," Article 7 9 "Discipline and Discharge," Article 8 "Workforce Reduction and 10 Privatization," Article 9 "Reassignment, Transfer, Change in 11 Duty Station," Article 10 "Promotion," Article 12 "Personnel 12 Records," Article 14 "Performance Review," Article 17 13 "Seniority," Article 18 "Leaves of Absence, Hours of Work, and 14 Disability," Article 22 "Disability Leave," Article 23 "Hours 15 of Work/Overtime," and Article 26 "Quality of Service through 16 Partnership" shall be resolved pursuant to the state's last 17 offer. 18 (6) Collective bargaining issues at impasse between 19 the State of Florida and the Florida State Fire Service 20 Association regarding Article 16 "Retirement," Article 23 21 "Hours of Work and Overtime," and Article 24 "On-call 22 Assignment, Call-Back, and Residency" shall be resolved by 23 maintaining the status quo under the language of the current 24 collective bargaining agreement. 25 (7) Collective bargaining issues at impasse between 26 the State of Florida and the Federation of Physicians and 27 Dentists for Selected Exempt Service Supervisory 28 Nonprofessional Unit employees shall be resolved as follows: 29 (a) All collective bargaining issues at impasse 30 regarding Article 7 "Employee Standards of Conduct" and 31 Article 11 "Classification and Pay Plan" shall be resolved by 8 6:28 PM 04/29/04 c1250c-02
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1250 Amendment No. 2 Barcode 285528 1 maintaining the status quo under the language of the current 2 collective bargaining agreement. 3 (b) All collective bargaining issues at impasse 4 regarding Article 18 "Hours of Work/Overtime & Leaves of 5 Absence" shall be resolved pursuant to the state's last offer. 6 (8) All other mandatory collective bargaining issues 7 at impasse for the 2004-2005 fiscal year which are not 8 addressed by this act or the General Appropriations Act for 9 the 2004-2005 fiscal year shall be resolved consistent with 10 the personnel rules in effect on April 20, 2004, and by 11 otherwise maintaining the status quo under the language of the 12 current collective bargaining agreements. 13 Section 10. This act shall take effect upon becoming a 14 law. 15 16 17 ================ T I T L E A M E N D M E N T =============== 18 And the title is amended as follows: 19 Delete everything before the enacting clause 20 21 and insert: 22 A bill to be entitled 23 An act relating to employee benefits; amending 24 s. 110.12315, F.S., relating to the state 25 employees' prescription drug program; deleting 26 obsolete provisions; removing an expiration 27 date applicable to copayment amounts; amending 28 s. 110.1239, F.S.; removing an expiration date 29 applicable to provisions governing procedures 30 for determining the level of premiums necessary 31 to fund the state group health insurance 9 6:28 PM 04/29/04 c1250c-02
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1250 Amendment No. 2 Barcode 285528 1 program; amending s. 624.437, F.S.; clarifying 2 that a provision requiring certain insurers to 3 obtain a certificate of authority does not 4 apply to the state group health insurance 5 program; providing for certain personnel moving 6 from county government to a position in the 7 state courts system, an office of the state 8 attorney, or an office of the public defender, 9 and their covered dependents, to qualify for 10 the state group health insurance program; 11 authorizing state attorneys and public 12 defenders to transfer a specified amount of 13 unused annual leave and unused sick leave; 14 amending s. 110.161, F.S.; including certain 15 additional salaried employees of state 16 government within the definition of "employee" 17 for purposes of the pretax benefits program; 18 providing for the transfer of certain savings 19 from the employer FICA contributions into the 20 Pretax Benefits Trust Fund; amending s. 21 110.123, F.S., relating to the state group 22 insurance program; revising the application of 23 coverage for legislative members and employees; 24 amending s. 121.081, F.S.; providing for the 25 past service of certain specified employees who 26 became employees of the State Courts System as 27 a result of the revision of Art. V of the State 28 Constitution to be included service for 29 purposes of the Florida Retirement System; 30 providing for the resolution of certain 31 collective bargaining issues at impasse between 10 6:28 PM 04/29/04 c1250c-02
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1250 Amendment No. 2 Barcode 285528 1 the State of Florida and the specified employee 2 bargaining units; providing for the resolution 3 of mandatory collective bargaining issues at 4 impasse for the 2004-2005 fiscal year which are 5 not addressed by the act or the General 6 Appropriations Act; providing an effective 7 date. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11 6:28 PM 04/29/04 c1250c-02
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