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Amendment CaShTmL-531764.HTM
    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 838
                        Barcode 531764
                            CHAMBER ACTION
              Senate                               House
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 1                  WD/2R          .                    
       05/02/2005 02:13 PM         .                    
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11  Senators Miller and Campbell moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 79, between lines 11 and 12,
15  
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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    4:23 PM   04/29/05                             s0838c2c-18-tk8

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. 31 2 4:23 PM 04/29/05 s0838c2c-18-tk8
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 3 4:23 PM 04/29/05 s0838c2c-18-tk8
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), 4 4:23 PM 04/29/05 s0838c2c-18-tk8
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. 8 9 (Redesignate subsequent sections.) 10 11 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 15 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 30 31 5 4:23 PM 04/29/05 s0838c2c-18-tk8
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