Bill Text: FL S2580 | 2010 | Regular Session | Comm Sub


Bill Title: Group Insurance for Public Employees [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Messages [S2580 Detail]

Download: Florida-2010-S2580-Comm_Sub.html
 
       Florida Senate - 2010                             CS for SB 2580 
        
       By the Committee on Education Pre-K - 12; and Senator Gaetz 
       581-03540-10                                          20102580c1 
    1                        A bill to be entitled                       
    2         An act relating to group insurance for public 
    3         employees; amending s. 112.08, F.S.; requiring that 
    4         school districts procure certain types of insurance 
    5         through interlocal agreements; providing an exception; 
    6         requiring that each school district in this state 
    7         enter into a specified type of interlocal agreement 
    8         and establish the School District Insurance 
    9         Consortium; providing purposes of the consortium; 
   10         requiring that the consortium be governed by a board 
   11         of directors consisting of a specified number of 
   12         members; providing requirements for membership on the 
   13         board; specifying terms of office for board members; 
   14         authorizing the board to employ staff or contract for 
   15         staffing services to be provided to the consortium; 
   16         requiring that the Department of Management Services 
   17         provide technical services to the consortium as 
   18         requested by the board; requiring the consortium to 
   19         advertise for competitive bids for health, accident, 
   20         or hospitalization insurance, as well as certain 
   21         insurance plans; requiring that the contracts for such 
   22         insurance be let upon the basis of such bids; 
   23         requiring that the consortium take certain actions and 
   24         consider certain factors when defining coverage 
   25         regions; authorizing the awarding of bids on a 
   26         statewide or regional basis and the selection of 
   27         multiple insurance providers; requiring that school 
   28         districts engage in collective bargaining with the 
   29         certified bargaining agent for any unit of employees 
   30         for which health, accident, or hospitalization 
   31         insurance is provided; providing an effective date. 
   32   
   33  Be It Enacted by the Legislature of the State of Florida: 
   34   
   35         Section 1. Paragraph (a) of subsection (2) of section 
   36  112.08, Florida Statutes, is amended, and paragraph (d) is added 
   37  to that subsection, to read: 
   38         112.08 Group insurance for public officers, employees, and 
   39  certain volunteers; physical examinations.— 
   40         (2)(a) Notwithstanding any general law or special act to 
   41  the contrary, every local governmental unit is authorized to 
   42  provide and pay out of its available funds for all or part of 
   43  the premium for life, health, accident, hospitalization, legal 
   44  expense, or annuity insurance, or all or any kinds of such 
   45  insurance, for the officers and employees of the local 
   46  governmental unit and for health, accident, hospitalization, and 
   47  legal expense insurance for the dependents of such officers and 
   48  employees upon a group insurance plan and, to that end, to enter 
   49  into contracts with insurance companies or professional 
   50  administrators to provide such insurance. Before entering any 
   51  contract for insurance, the local governmental unit shall 
   52  advertise for competitive bids; and such contract shall be let 
   53  upon the basis of such bids. Beginning on July 1, 2011, or upon 
   54  the expiration or renewal date of any existing contract, 
   55  whichever occurs later, school districts shall procure such 
   56  insurance through a purchasing interlocal agreement as provided 
   57  in paragraph (d) unless the school board, at a duly noticed 
   58  public meeting, determines that the purchase of insurance 
   59  outside the plan procured through the interlocal agreement is 
   60  financially advantageous to the school district. If a 
   61  contracting health insurance provider becomes financially 
   62  impaired as determined by the Office of Insurance Regulation of 
   63  the Financial Services Commission or otherwise fails or refuses 
   64  to provide the contracted-for coverage or coverages, the local 
   65  government may purchase insurance, enter into risk management 
   66  programs, or contract with third-party administrators and may 
   67  make such acquisitions by advertising for competitive bids or by 
   68  direct negotiations and contract. The local governmental unit 
   69  may undertake simultaneous negotiations with those companies 
   70  which have submitted reasonable and timely bids and are found by 
   71  the local governmental unit to be fully qualified and capable of 
   72  meeting all servicing requirements. Each local governmental unit 
   73  may self-insure any plan for health, accident, and 
   74  hospitalization coverage or enter into a risk management 
   75  consortium to provide such coverage, subject to approval based 
   76  on actuarial soundness by the Office of Insurance Regulation; 
   77  and each shall contract with an insurance company or 
   78  professional administrator qualified and approved by the office 
   79  to administer such a plan. 
   80         (d)1. Each school district in this state shall enter into 
   81  an interlocal agreement as provided in s. 163.01 to establish 
   82  the School District Insurance Consortium through which health, 
   83  accident, and hospitalization insurance shall be procured for 
   84  officers and employees of the school district and their 
   85  dependents unless the school board opts out in the manner set 
   86  forth in paragraph (a). 
   87         2. The consortium shall be governed by a board of directors 
   88  comprised of nine members, three of whom shall be elected school 
   89  board members appointed by the Florida School Boards 
   90  Association, Inc., three of whom shall be elected or appointed 
   91  superintendents of schools appointed by the Florida Association 
   92  of District School Superintendents, Inc., two of whom shall be 
   93  public school teachers or support personnel appointed by the 
   94  Florida Education Association, and one of whom shall have 
   95  experience in running employee-benefit systems, to be appointed 
   96  by the other members of the consortium. Consortium board members 
   97  shall serve for 2-year terms. The board may employ staff or 
   98  contract for staffing services to be provided to the consortium. 
   99  The Department of Management Services shall provide technical 
  100  services to the consortium as requested by the board. 
  101         3. Notwithstanding any other provision of law, the 
  102  consortium shall advertise for competitive bids for such 
  103  insurance, and the contracts for such insurance shall be let 
  104  upon the basis of such bids. The consortium shall advertise for 
  105  proposals for a statewide insurance plan as well as plans 
  106  providing coverage on a regional basis. In determining 
  107  appropriate regions, the consortium shall group school districts 
  108  geographically in a manner that includes school districts of 
  109  varying sizes for the purpose of ensuring the availability of 
  110  coverage for all districts in the region. Contracts may be 
  111  awarded on a statewide or regional basis, and more than one 
  112  provider may be selected to provide insurance. School districts 
  113  shall engage in collective bargaining with the certified 
  114  bargaining agent for any unit of employees for which health, 
  115  accident, or hospitalization insurance is provided, as required 
  116  by part II of chapter 447, with regard to coverage offered, cost 
  117  for dependent coverage, deductibles, optional coverage, and 
  118  other matters that are subject to collective bargaining as 
  119  required by state law. 
  120         Section 2. This act shall take effect July 1, 2010. 
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