¹20.22 Department of Management Services.--

There is created a Department of Management Services.

1. (1) The head of the Department of Management Services is the Secretary of Management Services, who shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor.

2. (2) The following divisions and programs within the Department of Management Services are established:

   1. (a) Facilities Program.
   2. (b) Information Technology Program.
   3. (c) Workforce Program.

   4. (d) 1. Support Program.

      2. Federal Property Assistance Program.

   5. (e) Administration Program.
   6. (f) Division of Administrative Hearings.

   7. (g) Division of Retirement.

      ²(h) Division of State Group Insurance.

3. (3) The Information Technology Program shall operate and manage the Technology Resource Center.
4. (4) The duties of the ³Office of Labor Relations shall be determined by the Secretary of Management Services, and must include, but need not be limited to, the representation of the Governor as the public employer in collective bargaining negotiations pursuant to the provisions of chapter 447.

5. (5)

   1. (a) The Florida State Group Insurance Council is created within the ⁴division for the purpose of providing joint and coordinated oversight of the operation and administration of the state group insurance program. The council shall consist of the state budget director; an individual from the private sector with an extensive health administration background, appointed by the Governor; a member of the Florida Senate, appointed by the President of the Senate; a member of the Florida House of Representatives, appointed by the Speaker of the House of Representatives; a representative of the State University System, appointed by the Board of Regents; the State Insurance Commissioner or his designee; the director of the Division of Retirement; and two representatives of employees and retirees, appointed by the Governor. Members of the council appointed by the Governor shall be appointed to serve terms of 4 years each. Each member of the council shall serve until a successor is appointed. Additionally, the director of the ⁵Division of State Employee Insurance shall be a nonvoting member of the council.
   2. (b) Of the two members representing employees, one member must be appointed in such a manner as to represent state employee bargaining units, and one member must be a retired employee. Each member must be a resident of the state.
   3. (c) The council is assigned to the ⁶Division of State Group Insurance for administrative and fiscal accountability purposes, but the council and its staff shall otherwise function independently of the control and direction of the ⁶division. The ⁶Division of State Group Insurance shall furnish dedicated administrative and secretarial assistance to the council, and other assistance to the council as requested.

   4. (d) The council shall have the primary functions to:

      1. Recommend accountability measures and review the implementation of performance-based program budgeting measures under which the ⁶Division of State Group Insurance operates.

      2. Review and recommend procedures and criteria for contract selection before any contract solicitation.

      3. Review and make recommendations regarding insurance benefit packages.

      4. Review external audit reports, service organization reports, compliance reviews, or other contractually required management reports relating to third-party administrator activities to determine areas that potentially may require ⁴division action.

      5. Review third-party administrator management reports leading to conclusions regarding report completion, accuracy, validity, and reasonableness.

      6. Review third-party administrator overpayment and refund collection activities to provide assurances that health plan assets are safeguarded.

      7. Review use of detailed provider/subscriber surveys designed to detect potential problem areas with the state group insurance program and make recommendations to the director.

      8. Review reports and make recommendations to safeguard the financial stability of the group insurance program.

   5. (e) The council or a member thereof may not enter into the day-to-day operation of the ⁴division and is specifically prohibited from taking part in:

      1. The awarding of contracts.

      2. The selection of a consultant or contractor or the prequalification of any individual consultant or contractor. However, the council may recommend to the director standards and policies governing the procedure for selection and prequalification of consultants and contractors.

      3. The employment, promotion, demotion, suspension, transfer, or discharge of any ⁴division personnel.

      4. The granting, denial, suspension, or revocation of any license or permit issued by the ⁴division.

   6. (f) 1. The chair and any other officers of the council shall be selected by the council members for a 1-year term but may succeed themselves.

      2. The council shall hold a minimum of four regular meetings annually, and other meetings may be called by the chair upon giving at least 1 week's notice to all members and the public pursuant to chapter 120. Other meetings may also be held upon the written request of at least four other members of the council, with at least 1 week's notice of such meeting being given to all members and the public by the chair pursuant to chapter 120. Emergency meetings may be held without notice upon the request of all members of the council.

      3. A majority of the membership of the council constitutes a quorum at any meeting of the council. An action of the council is not considered adopted unless the action is taken pursuant to the affirmative vote of a majority of the members present, but not fewer than four members of the council at a meeting held pursuant to subparagraph 2., and the vote is recorded in the minutes of that meeting.

      4. The chair shall cause to be made a complete record of the proceedings of the council. The proceedings of the council shall be open to the public, and the records shall be open for public inspection.

   7. (g) The meetings of the council shall be held in the central office of the department in Tallahassee unless the chair determines that special circumstances warrant meeting at another location.

   8. (h) Members of the council are entitled to per diem and travel expenses pursuant to s. 112.061.

      ¹Note.--Section 5, ch. 97-296, provides that:

      "(1) The administrative rules of the Department of Management Services that are in effect immediately prior to the effective date of this act shall not be affected by this act and shall remain in effect until specifically changed in a manner provided by law.

      "(2) This section shall take effect [June 1, 1997]."

      ²Note.--As enacted by s. 1, ch. 97-92. Section 3, ch. 97-296, deleted the Division of State Employees' Insurance from the list of entities established under the Department of Management Services; s. 1, ch. 97-92, redesignated it as the Division of State Group Insurance.

      ³Note.--Deleted in the reorganization of the Department of Management Services by s. 3, ch. 97-296. Section 4, ch. 97-296, requires the Division of Statutory Revision to prepare a reviser's bill for submission to the 1998 Regular Session of the Legislature substituting references to the Department of Management Services in the Florida Statutes for references to divisions, bureaus, or other units of that department.

      ⁴Note.--Apparently intended to reference the Division of State Group Insurance, which was redesignated from the Division of State Employees' Insurance by s. 1, ch. 97-92. The Division of State Employees' Insurance was deleted in the reorganization of the Department of Management Services by s. 3, ch. 97-296. Section 4, ch. 97-296, requires the Division of Statutory Revision to prepare a reviser's bill for submission to the 1998 Regular Session of the Legislature substituting references to the Department of Management Services in the Florida Statutes for references to divisions, bureaus, or other units of that department.

      ⁵Note.--Apparently intended to reference the Division of State Employees' Insurance, which was redesignated as the Division of State Group Insurance by s. 1, ch. 97-92, and deleted in the reorganization of the Department of Management Services by s. 3, ch. 97-296. Section 4, ch. 97-296, requires the Division of Statutory Revision to prepare a reviser's bill for submission to the 1998 Regular Session of the Legislature substituting references to the Department of Management Services in the Florida Statutes for references to divisions, bureaus, or other units of that department.

      ⁶Note.--Deleted in the reorganization of the Department of Management Services by s. 3, ch. 97-296. Section 4, ch. 97-296, requires the Division of Statutory Revision to prepare a reviser's bill for submission to the 1998 Regular Session of the Legislature substituting references to the Department of Management Services in the Florida Statutes for references to divisions, bureaus, or other units of that department. The Division of State Employees' Insurance was redesignated as the Division of State Group Insurance by s. 1, ch. 97-92.

History.--s. 22, ch. 69-106; ss. 1, 2, ch. 70-146; s. 1, ch. 71-43; s. 2, ch. 71-286; s. 1, ch. 74-256; ss. 1, 2, ch. 75-70; s. 1, ch. 76-247; ss. 1, 2, 3, ch. 77-112; s. 5, ch. 83-92; s. 3, ch. 84-274; s. 25, ch. 85-349; s. 1, ch. 91-54; s. 4, ch. 92-279; s. 55, ch. 92-326; s. 4, ch. 94-113; s. 1, ch. 94-226; s. 20, ch. 94-249; s. 2, ch. 94-340; s. 1, ch. 97-92; s. 3, ch. 97-296.