Senate Bill 1074e1

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  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; amending s. 121.055, F.S.; adding

  4         assistant state attorneys, assistant statewide

  5         prosecutors, and assistant public defenders to

  6         the Senior Management Service Class of the

  7         Florida Retirement System; authorizing the

  8         state courts to pay Select Exempt benefits to

  9         judicial assistants; providing an

10         appropriation; providing an effective date.

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

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14         Section 1.  Paragraph (h) of subsection (1) of section

15  121.055, Florida Statutes, is amended to read:

16         121.055  Senior Management Service Class.--There is

17  hereby established a separate class of membership within the

18  Florida Retirement System to be known as the "Senior

19  Management Service Class," which shall become effective

20  February 1, 1987.

21         (1)

22         (h)1.  Except as provided in subparagraph 3., effective

23  January 1, 1994, participation in the Senior Management

24  Service Class shall be compulsory for the State Courts

25  Administrator and the Deputy State Courts Administrators, the

26  Clerk of the Supreme Court, the Marshal of the Supreme Court,

27  the Executive Director of the Justice Administrative

28  Commission, the Capital Collateral Representative, the clerks

29  of the district courts of appeals, the marshals of the

30  district courts of appeals, and the trial court administrator

31  in each judicial circuit. Effective January 1, 1994,


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    CS for CS for SB 1074                          First Engrossed



  1  additional positions in the offices of the state attorney and

  2  public defender in each judicial circuit may be designated for

  3  inclusion in the Senior Management Service Class of the

  4  Florida Retirement System, provided that:

  5         a.  Positions to be included in the class shall be

  6  designated by the state attorney or public defender, as

  7  appropriate.  Notice of intent to designate positions for

  8  inclusion in the class shall be published once a week for 2

  9  consecutive weeks in a newspaper of general circulation

10  published in the county or counties affected, as provided in

11  chapter 50.

12         b.  One nonelective full-time position may be

13  designated for each state attorney and public defender

14  reporting to the Division of Retirement; for agencies with 200

15  or more regularly established positions under the state

16  attorney or public defender, additional nonelective full-time

17  positions may be designated, not to exceed 0.5 percent of the

18  regularly established positions within the agency.

19         c.  Each position added to the class must be a

20  managerial or policymaking position filled by an employee who

21  serves at the pleasure of the state attorney or public

22  defender without civil service protection, and who:

23         (I)  Heads an organizational unit; or

24         (II)  Has responsibility to effect or recommend

25  personnel, budget, expenditure, or policy decisions in his or

26  her areas of responsibility.

27         2.  Participation in this class shall be compulsory,

28  except as provided in subparagraph 3., for any judicial

29  employee who holds a position designated for coverage in the

30  Senior Management Service Class and such participation shall

31  continue until the employee terminates employment in a covered


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    CS for CS for SB 1074                          First Engrossed



  1  position. Effective January 1, 1999, participation in this

  2  class shall be compulsory for assistant state attorneys,

  3  assistant statewide prosecutors, and assistant public

  4  defenders.

  5         3.  In lieu of participation in the Senior Management

  6  Service Class, such members may participate in the Senior

  7  Management Service Optional Annuity Program as established in

  8  subsection (6).

  9         Section 2.  The state courts are hereby authorized to

10  pay Select Exempt benefits to all judicial assistants within

11  the State Courts System.

12         Section 3.  There is hereby appropriated to the

13  Department of Legal Affairs, $116,166 from the General Revenue

14  Fund for six months' funding of salary rate increases within

15  the Office of Statewide Prosecution during fiscal year

16  1998-1999.

17         Section 4.  This act shall take effect June 1, 1999.

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