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House Bill 0161c1

Florida House of Representatives - 1997 CS/HB 161 By the Committee on Education/K-12 and Representative Dennis 1 A bill to be entitled 2 An act relating to education paraprofessionals; 3 amending ss. 228.041, 228.056, 230.23, 231.141, 4 231.15, 231.3605, 231.40, 240.40685, and 5 121.091, F.S.; replacing the term "teacher 6 aide" with the term "education 7 paraprofessional"; requiring the State Board of 8 Education to classify school services and 9 prescribe rules; creating s. 231.143, F.S.; 10 authorizing school districts to adopt a program 11 for the career development of education 12 paraprofessionals; specifying levels of 13 achievement that paraprofessionals can attain 14 through the program; providing restrictions; 15 providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Paragraph (e) of subsection (9) and 20 subsection (23) of section 228.041, Florida Statutes, 1996 21 Supplement, are amended to read: 22 228.041 Definitions.--Specific definitions shall be as 23 follows, and wherever such defined words or terms are used in 24 the Florida School Code, they shall be used as follows: 25 (9) INSTRUCTIONAL PERSONNEL.--"Instructional 26 personnel" means any staff member whose function includes the 27 provision of direct instructional services to students. 28 Instructional personnel also includes personnel whose 29 functions provide direct support in the learning process of 30 students. Included in the classification of instructional 31 personnel are: 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 161 185-683-97 1 (e) Instructional paraprofessionals.--Instructional 2 paraprofessionals aides are individuals who are under the 3 direct supervision of an instructional staff member, aiding 4 the instructional process. Included in this classification 5 are classroom paraprofessionals aides in regular instruction, 6 exceptional education paraprofessionals aides, career 7 education paraprofessionals aides, adult education 8 paraprofessionals aides, library paraprofessionals aides, 9 physical education and playground paraprofessionals aides, and 10 other school-level aides and paraprofessionals. 11 (23) EDUCATION PARAPROFESSIONAL TEACHER AIDE.--An 12 education paraprofessional A teacher aide is any paid person 13 appointed by a school board to assist members of the 14 instructional staff in carrying out their instructional or 15 professional duties and responsibilities. 16 Section 2. Paragraph (e) of subsection (12) of section 17 228.056, Florida Statutes, 1996 Supplement, is amended to 18 read: 19 228.056 Charter schools.-- 20 (12) EMPLOYEES OF CHARTER SCHOOLS.-- 21 (e) Teachers employed by or under contract to a 22 charter school shall be certified as required by chapter 231. 23 A charter school may employ or contract with skilled selected 24 noncertified personnel to provide instructional services or to 25 assist instructional staff members as education 26 paraprofessionals teacher aides in the same manner as defined 27 in chapter 231. A charter school may not employ an individual 28 to provide instructional services or to serve as an education 29 paraprofessional a teacher aide if the individual's 30 certification or licensure as an educator is suspended or 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 161 185-683-97 1 revoked by this or any other state. The qualifications of 2 teachers shall be disclosed to parents. 3 Section 3. Paragraph (p) of subsection (4) of section 4 230.23, Florida Statutes, 1996 Supplement, is amended to read: 5 230.23 Powers and duties of school board.--The school 6 board, acting as a board, shall exercise all powers and 7 perform all duties listed below: 8 (4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF 9 SCHOOLS.--Adopt and provide for the execution of plans for the 10 establishment, organization, and operation of the schools of 11 the district, as follows: 12 (p) Education paraprofessionals Teacher 13 aides.--Appoint education paraprofessionals teacher aides to 14 assist members of the instructional staff in the primary 15 grades, kindergarten, and grades one through three, to the 16 extent feasible as determined by the school board. 17 Section 4. Section 231.141, Florida Statutes, is 18 amended to read: 19 231.141 Education paraprofessionals Teacher aides.--A 20 school board may appoint education paraprofessionals teacher 21 aides to assist members of the instructional staff in carrying 22 out their duties and responsibilities. An education 23 paraprofessional A teacher aide shall not be required to hold 24 a teaching certificate. An education paraprofessional A 25 teacher aide, while rendering services under the supervision 26 of a certificated teacher, shall be accorded the same 27 protection of laws as that accorded the certified teacher. 28 Paid education paraprofessionals teacher aides employed by a 29 school board shall be entitled to the same rights as those 30 accorded noninstructional employees of the board. 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 161 185-683-97 1 Section 5. Section 231.143, Florida Statutes, is 2 created to read: 3 231.143 Education paraprofessional career 4 development.-- 5 (1) The Legislature recognizes that education 6 paraprofessionals play an important role in educating school 7 children and in assisting teachers. The Legislature further 8 recognizes the increasing role of education paraprofessionals 9 in the school system in light of teacher shortages. To 10 achieve the goal of excellence for all persons who have an 11 impact on student learning, it is the intent of the 12 Legislature that education paraprofessionals be afforded 13 career opportunities and economic incentives through a career 14 development program. 15 (2)(a) Each school district may adopt a program for 16 the career development of education paraprofessionals. The 17 purpose of the program is to provide to education 18 paraprofessionals a system of career development which is 19 based upon education and training advancement, and to furnish 20 economic incentives to encourage excellence among education 21 paraprofessionals. 22 (b) The adoption of each program is subject to chapter 23 447, and the implementation of a program is contingent upon 24 the agreement and ratification of the program by both the 25 employer and employees under s. 447.309. 26 (3) A district education paraprofessional career 27 development program must include voluntary participation by 28 paraprofessionals in five career development levels. The 29 school board shall adopt a procedure for verifying the 30 competency levels of all persons who participate in the career 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 161 185-683-97 1 development program and a procedure to determine the outcomes 2 and results of the program and impact on student performance. 3 (4)(a) Level I.--To qualify for Level I, the person 4 must meet: 5 1. The health requirement established for certified 6 personnel. 7 2. The age requirements for certified personnel. 8 3. The local school district requirements for 9 employment. 10 (b) Level II.--To qualify for Level II, the person 11 must: 12 1. Have earned a high school diploma or the 13 equivalent. 14 2. Possess a clear understanding of state and district 15 rules and policies relevant to paraprofessionals. 16 3. Possess knowledge of all state and district 17 instructional practices and policies relevant to 18 paraprofessionals. 19 4. Have maintained satisfactory job performance of 20 appropriate skills and competencies for 1 year. 21 (c) Level III.--To qualify for Level III, the person 22 must: 23 1. Have completed 30 college semester hours or the 24 equivalent inservice hours. 25 2. Possess a clear understanding of state and district 26 rules and policies relevant to paraprofessionals. 27 3. Possess knowledge of all state and district 28 instructional practices and policies relevant to 29 paraprofessionals. 30 4. Have maintained satisfactory job performance of 31 appropriate skills and competencies for 2 years. 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 161 185-683-97 1 (d) Level IV.--To qualify for Level IV, the person 2 must: 3 1. Have completed 60 college semester hours or the 4 equivalent inservice hours. 5 2. Possess a clear understanding of state and district 6 rules and policies relevant to paraprofessionals. 7 3. Possess knowledge of all state and district 8 instructional practices and policies relevant to 9 paraprofessionals. 10 4. Have maintained satisfactory job performance of 11 appropriate skills and competencies for 2 years. 12 (e) Level V.--To qualify for Level V, the person must: 13 1. Have completed coursework to earn a bachelor of 14 arts or bachelor of science degree from an accredited 15 institution pursuant to s. 231.17(1)(c). 16 2. Possess a clear understanding of state and district 17 rules and policies relevant to paraprofessionals. 18 3. Possess knowledge of all state and district 19 instructional practices and policies relevant to 20 paraprofessionals. 21 4. Have maintained satisfactory job performance of 22 appropriate skills and competencies for 2 years. 23 (5) Paraprofessionals may not: 24 (a) Establish instructional objectives; 25 (b) Make decisions regarding the relevancy of certain 26 activities or procedures to the attainment of instructional 27 objectives; 28 (c) Make decisions regarding the appropriateness of 29 certain teaching materials for accomplishing instructional 30 objectives; or 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 161 185-683-97 1 (d) Make judgments regarding the attainment of 2 instructional objectives unless these judgments are based upon 3 clear and objective criteria, such as specific achievement 4 standards on a true-false test. 5 Section 6. Subsection (1) of section 231.15, Florida 6 Statutes, is amended to read: 7 231.15 Positions for which certificates required.-- 8 (1) The State Board of Education shall have authority 9 to classify school services and to prescribe rules in 10 accordance with which the professional, temporary, and 11 part-time certificates shall be issued by the Department of 12 Education to school employees who meet the standards 13 prescribed by such rules for their class of service. Each 14 person employed or occupying a position as school supervisor, 15 principal, teacher, library media specialist, school 16 counselor, athletic coach, or other position in which the 17 employee serves in an instructional capacity, in any public 18 school of any district of this state shall hold the 19 certificate required by law and by rules of the state board in 20 fulfilling the requirements of the law for the type of service 21 rendered. However, the state board shall adopt rules 22 authorizing school boards to employ selected noncertificated 23 personnel to provide instructional services in the 24 individuals' fields of specialty or to assist instructional 25 staff members as education paraprofessionals teacher aides. 26 Each person who is employed and renders service as an athletic 27 coach in any public school in any district of this state shall 28 hold a valid part-time, temporary, or professional 29 certificate. Each person employed as a school nurse shall hold 30 a license to practice nursing in the state, and each person 31 employed as a school physician shall hold a license to 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 161 185-683-97 1 practice medicine in the state. The provisions of this 2 subsection shall not apply to any athletic coach who renders 3 service in a voluntary capacity and who is not employed by any 4 public school of any district in this state. 5 Section 7. Paragraph (a) of subsection (1) of section 6 231.3605, Florida Statutes, is amended to read: 7 231.3605 Educational support employees.-- 8 (1) As used in this section: 9 (a) "Educational support employee" means any person 10 employed by a district school system who is so employed as a 11 teacher aide, a teacher assistant, an education 12 paraprofessional, a member of the transportation department, a 13 member of the operations department, a member of the 14 maintenance department, a member of food service, a secretary, 15 or a clerical employee, or any other person who by virtue of 16 his or her position of employment is not required to be 17 certified by the Department of Education or school board 18 pursuant to s. 231.1725. This section does not apply to 19 persons employed in confidential or management positions. This 20 section applies to all employees who are not temporary or 21 casual and whose duties require 20 or more hours in each 22 normal working week. 23 Section 8. Paragraph (a) of subsection (1) of section 24 231.40, Florida Statutes, is amended to read: 25 231.40 Sick leave.-- 26 (1) DEFINITIONS.--As used in this section, unless the 27 context otherwise requires, the term: 28 (a) "Educational support employee" means any person 29 employed by a district school board as a teacher aide; a 30 teacher assistant; an education paraprofessional; a member of 31 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 161 185-683-97 1 the transportation, operations, maintenance, or food service 2 department; or a secretary or a clerical employee. 3 Section 9. Section 240.40685, Florida Statutes, 1996 4 Supplement, is amended to read: 5 240.40685 Certified Education Paraprofessional 6 Teacher-Aide Welfare Transition Program.-- 7 (1) There is created the Certified Education 8 Paraprofessional Teacher-Aide Welfare Transition Program to 9 provide education and employment for recipients of public 10 assistance who are certified to work in schools that, because 11 of the high proportion of economically disadvantaged children 12 enrolled, are at risk of poor performance on traditional 13 measures of achievement. The program is designed to enable 14 such schools to increase the number of adults working with the 15 school children. However, the increase in personnel working 16 at certain schools is intended to supplement and not to 17 supplant the school staff and should not affect current school 18 board employment and staffing policies, including those 19 contained in collective bargaining agreements. The program is 20 intended to be supported by local, state, and federal program 21 funds for which the participants may be eligible. Further, 22 the program is designed to provide its participants not only 23 with entry-level employment but also with a marketable 24 credential, a career option, and encouragement to advance. 25 (2) The Commissioner of Education, the Executive 26 Director of the State Board of Community Colleges, the 27 secretary of the Department of Children and Family Services 28 Health and Rehabilitative Services, and the Secretary of Labor 29 and Employment Security have joint responsibility for planning 30 and conducting the program. 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 161 185-683-97 1 (3) The agencies responsible may make recommendations 2 to the State Board of Education and the Legislature if they 3 find that implementation or operation of the program would 4 benefit from the adoption or waiver of state or federal 5 policy, rule, or law, including recommendations regarding 6 program budgeting. 7 (4) The agencies shall complete an implementation plan 8 that addresses at least the following recommended components 9 of the program: 10 (a) A method of selecting participants. The method 11 must not duplicate services provided by those assigned to 12 screen participants of the WAGES Program, but must assure that 13 screening personnel are trained to identify recipients of 14 public assistance whose personal aptitudes and motivation make 15 them most likely to succeed in the program and advance in a 16 career related to the school community. 17 (b) A budget for use of incentive funding to provide 18 motivation to participants to succeed and excel. The budget 19 for incentive funding includes: 20 1. Funds allocated by the Legislature directly for the 21 program.; 22 2. Funds that may be made available from the federal 23 Job Training Partnership Act based on client eligibility or 24 requested waivers to make the clients eligible.; 25 3. Funds made available by implementation strategies 26 that would make maximum use of work supplementation funds 27 authorized by federal law.; 28 4. Funds authorized by strategies to lengthen 29 participants' eligibility for federal programs such as 30 Medicaid, subsidized child care, and transportation. 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 161 185-683-97 1 Incentives may include a stipend during periods of college 2 classroom training, a bonus and recognition for a high 3 grade-point average, child care and prekindergarten services 4 for children of participants, and services to increase a 5 participant's ability to advance to higher levels of 6 employment. Nonfinancial incentives should include providing a 7 mentor or tutor, and service incentives should continue and 8 increase for any participant who plans to complete the 9 baccalaureate degree and become a certified teacher. Services 10 may be provided in accordance with family choice by community 11 colleges and school district technical centers, through family 12 service centers and full-service schools, or under contract 13 with providers through central agencies. 14 (5) The agencies shall select Department of Children 15 and Family Services Health and Rehabilitative Services 16 districts to participate in the program. A district that 17 wishes to participate must demonstrate that a district school 18 board, a community college board of trustees, an economic 19 services program administrator, and a private industry council 20 are willing to coordinate to provide the educational program, 21 support services, employment opportunities, and incentives 22 required to fulfill the intent of this section. 23 (6)(a) A community college or school district 24 technical center is eligible to participate if it provides a 25 technical certificate program in Child Development Early 26 Intervention as approved by the Jobs and Education Partnership 27 and it is participating in the Performance Based Incentive 28 Funding program authorized in s. 239.249. Priority programs 29 provide an option and incentives to articulate with an 30 associate in science degree program or a baccalaureate degree 31 program. 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 161 185-683-97 1 (b) A participating educational agency may earn funds 2 appropriated for performance-based incentive funding for 3 successful outcomes of enrollment and placement of recipients 4 of public assistance who are in the program. In addition, an 5 educational agency is eligible for an incentive award 6 determined by the Jobs and Education Partnership for each 7 recipient of public assistance who successfully completes a 8 program leading to the award of a General Education 9 Development credential. 10 (c) Historically black colleges or universities that 11 have established programs that serve participants of the WAGES 12 Program are eligible to participate in the Performance Based 13 Incentive Funding Program and may earn an incentive award 14 determined by the Jobs and Education Partnership for 15 successful placement of program completers in jobs as 16 education paraprofessionals teacher aides in at-risk schools. 17 (7)(a) A participating school district shall identify 18 at-risk schools in which the program participants will work 19 during the practicum part of their education. For purposes of 20 this act, an at-risk school is a school with grades K-3 in 21 which 50 percent or more of the students enrolled at the 22 school are eligible for free lunches or reduced-price lunches. 23 Priority schools are schools whose service zones include the 24 participants' own communities. 25 (b) A participating school district may use funds 26 appropriated by the Legislature from Job Training Partnership 27 Act service delivery area allotments to provide at least 6 28 months of on-the-job training to participants in the Certified 29 Education Paraprofessional Teacher-Aide Welfare Transition 30 Program. Participating school districts may also use funds 31 provided by grant diversion of funds from the WAGES Program 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 161 185-683-97 1 for the participants during the practicum portion of their 2 training to earn the certificate required for their 3 employment. 4 (8) The agencies shall give priority for funding to 5 those programs that provide maximum security for the 6 long-range employment and career opportunities of the program 7 participants. Security is enhanced if employment is provided 8 through a governmental or nongovernmental agency other than 9 the school board, or if the plans assure in another way that 10 the participants will supplement, rather than supplant, the 11 workforce available to the school board. It is the intent of 12 the Legislature that, when a program participant succeeds in 13 becoming a certified education paraprofessional teacher aide 14 after working successfully in a school during the practicum or 15 on-the-job training supported by the program, the participant 16 shall have the opportunity to continue in full-time employment 17 at the school that provided the training or at another school 18 in the district. 19 Section 10. Paragraph (b) of subsection (9) of section 20 121.091, Florida Statutes, 1996 Supplement, is amended to 21 read: 22 121.091 Benefits payable under the system.--No 23 benefits shall be paid under this section unless the member 24 has terminated employment as provided in s. 121.021(39) and a 25 proper application has been filed in the manner prescribed by 26 the division. 27 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.-- 28 (b)1. Any person who is retired under this chapter, 29 except under the disability retirement provisions of 30 subsection (4), may be reemployed by any private or public 31 employer after retirement and receive retirement benefits and 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 161 185-683-97 1 compensation from his or her employer without any limitations, 2 except that a person may not receive both a salary from 3 reemployment with any agency participating in the Florida 4 Retirement System and retirement benefits under this chapter 5 for a period of 12 months immediately subsequent to the date 6 of retirement. 7 2. Any person to whom the limitation in subparagraph 8 1. applies who violates such reemployment limitation and who 9 is reemployed with any agency participating in the Florida 10 Retirement System before completion of the 12-month limitation 11 period shall give timely notice of this fact in writing to the 12 employer and to the division and shall have his or her 13 retirement benefits suspended for the balance of the 12-month 14 limitation period. Any person employed in violation of this 15 paragraph and any employing agency which knowingly employs or 16 appoints such person without notifying the Division of 17 Retirement to suspend retirement benefits shall be jointly and 18 severally liable for reimbursement to the retirement trust 19 fund of any benefits paid during the reemployment limitation 20 period. To avoid liability, such employing agency shall have 21 a written statement from the retiree that he or she is not 22 retired from a state-administered retirement system. Any 23 retirement benefits received while reemployed during this 24 reemployment limitation period shall be repaid to the 25 retirement trust fund, and retirement benefits shall remain 26 suspended until such repayment has been made. Benefits 27 suspended beyond the reemployment limitation shall apply 28 toward repayment of benefits received in violation of the 29 reemployment limitation. 30 3. A district school board may reemploy a retired 31 member as a substitute or hourly teacher, education 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 161 185-683-97 1 paraprofessional teacher aide, transportation assistant, bus 2 driver, or food service worker on a noncontractual basis after 3 he or she has been retired for 1 calendar month, in accordance 4 with s. 121.021(39). Any retired member who is reemployed 5 within 1 calendar month after retirement shall void his or her 6 application for retirement benefits. District school boards 7 reemploying such teachers, education paraprofessionals teacher 8 aides, transportation assistants, bus drivers, or food service 9 workers are subject to the retirement contribution required by 10 subparagraph 7. Reemployment of a retired member as a 11 substitute or hourly teacher, education paraprofessional 12 teacher aide, transportation assistant, bus driver, or food 13 service worker is limited to 780 hours during the first 12 14 months of his or her retirement. Any retired member 15 reemployed for more than 780 hours during his or her first 12 16 months of retirement shall give timely notice in writing to 17 the employer and to the division of the date he or she will 18 exceed the limitation. The division shall suspend his or her 19 retirement benefits for the remainder of the first 12 months 20 of retirement. Any person employed in violation of this 21 subparagraph and any employing agency which knowingly employs 22 or appoints such person without notifying the Division of 23 Retirement to suspend retirement benefits shall be jointly and 24 severally liable for reimbursement to the retirement trust 25 fund of any benefits paid during the reemployment limitation 26 period. To avoid liability, such employing agency shall have 27 a written statement from the retiree that he or she is not 28 retired from a state-administered retirement system. Any 29 retirement benefits received by a retired member while 30 reemployed in excess of 780 hours during the first 12 months 31 of retirement shall be repaid to the Retirement System Trust 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 161 185-683-97 1 Fund, and his or her retirement benefits shall remain 2 suspended until repayment is made. Benefits suspended beyond 3 the end of the retired member's first 12 months of retirement 4 shall apply toward repayment of benefits received in violation 5 of the 780-hour reemployment limitation. 6 4. A community college board of trustees may reemploy 7 a retired member as an adjunct instructor, that is, an 8 instructor who is noncontractual and part-time, or as a 9 participant in a phased retirement program within the State 10 Community College System, after he or she has been retired for 11 1 calendar month, in accordance with s. 121.021(39). Any 12 retired member who is reemployed within 1 calendar month after 13 retirement shall void his or her application for retirement 14 benefits. Boards of trustees reemploying such instructors are 15 subject to the retirement contribution required in 16 subparagraph 7. A retired member may be reemployed as an 17 adjunct instructor for no more than 780 hours during the first 18 12 months of retirement. Any retired member reemployed for 19 more than 780 hours during the first 12 months of retirement 20 shall give timely notice in writing to the employer and to the 21 division of the date he or she will exceed the limitation. 22 The division shall suspend his or her retirement benefits for 23 the remainder of the first 12 months of retirement. Any 24 person employed in violation of this subparagraph and any 25 employing agency which knowingly employs or appoints such 26 person without notifying the Division of Retirement to suspend 27 retirement benefits shall be jointly and severally liable for 28 reimbursement to the retirement trust fund of any benefits 29 paid during the reemployment limitation period. To avoid 30 liability, such employing agency shall have a written 31 statement from the retiree that he or she is not retired from 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 161 185-683-97 1 a state-administered retirement system. Any retirement 2 benefits received by a retired member while reemployed in 3 excess of 780 hours during the first 12 months of retirement 4 shall be repaid to the Retirement System Trust Fund, and 5 retirement benefits shall remain suspended until repayment is 6 made. Benefits suspended beyond the end of the retired 7 member's first 12 months of retirement shall apply toward 8 repayment of benefits received in violation of the 780-hour 9 reemployment limitation. 10 5. The State University System may reemploy a retired 11 member as an adjunct faculty member or as a participant in a 12 phased retirement program within the State University System 13 after the retired member has been retired for 1 calendar 14 month, in accordance with s. 121.021(39). Any retired member 15 who is reemployed within 1 calendar month after retirement 16 shall void his or her application for retirement benefits. 17 The State University System is subject to the retired 18 contribution required in subparagraph 7., as appropriate. A 19 retired member may be reemployed as an adjunct faculty member 20 or a participant in a phased retirement program for no more 21 than 780 hours during the first 12 months of his or her 22 retirement. Any retired member reemployed for more than 780 23 hours during the first 12 months of retirement shall give 24 timely notice in writing to the employer and to the division 25 of the date he or she will exceed the limitation. The 26 division shall suspend his or her retirement benefits for the 27 remainder of the first 12 months of retirement. Any person 28 employed in violation of this subparagraph and any employing 29 agency which knowingly employs or appoints such person without 30 notifying the Division of Retirement to suspend retirement 31 benefits shall be jointly and severally liable for 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 161 185-683-97 1 reimbursement to the retirement trust fund of any benefits 2 paid during the reemployment limitation period. To avoid 3 liability, such employing agency shall have a written 4 statement from the retiree that he or she is not retired from 5 a state-administered retirement system. Any retirement 6 benefits received by a retired member while reemployed in 7 excess of 780 hours during the first 12 months of retirement 8 shall be repaid to the Retirement System Trust Fund, and 9 retirement benefits shall remain suspended until repayment is 10 made. Benefits suspended beyond the end of the retired 11 member's first 12 months of retirement shall apply toward 12 repayment of benefits received in violation of the 780-hour 13 reemployment limitation. 14 6. The Board of Trustees of the Florida School for the 15 Deaf and the Blind may reemploy a retired member as a 16 substitute teacher, substitute residential instructor, or 17 substitute nurse on a noncontractual basis after he or she has 18 been retired for 1 calendar month, in accordance with s. 19 121.021(39). Any retired member who is reemployed within 1 20 calendar month after retirement shall void his or her 21 application for retirement benefits. The Board of Trustees of 22 the Florida School for the Deaf and the Blind reemploying such 23 teachers, residential instructors, or nurses is subject to the 24 retirement contribution required by subparagraph 7. 25 Reemployment of a retired member as a substitute teacher, 26 substitute residential instructor, or substitute nurse is 27 limited to 780 hours during the first 12 months of his or her 28 retirement. Any retired member reemployed for more than 780 29 hours during the first 12 months of retirement shall give 30 timely notice in writing to the employer and to the division 31 of the date he or she will exceed the limitation. The division 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 161 185-683-97 1 shall suspend his or her retirement benefits for the remainder 2 of the first 12 months of retirement. Any person employed in 3 violation of this subparagraph and any employing agency which 4 knowingly employs or appoints such person without notifying 5 the Division of Retirement to suspend retirement benefits 6 shall be jointly and severally liable for reimbursement to the 7 retirement trust fund of any benefits paid during the 8 reemployment limitation period. To avoid liability, such 9 employing agency shall have a written statement from the 10 retiree that he or she is not retired from a 11 state-administered retirement system. Any retirement benefits 12 received by a retired member while reemployed in excess of 780 13 hours during the first 12 months of retirement shall be repaid 14 to the Retirement System Trust Fund, and his or her retirement 15 benefits shall remain suspended until payment is made. 16 Benefits suspended beyond the end of the retired member's 17 first 12 months of retirement shall apply toward repayment of 18 benefits received in violation of the 780-hour reemployment 19 limitation. 20 7. The employment by an employer of any retiree of any 21 state-administered retirement system shall have no effect on 22 the average final compensation or years of creditable service 23 of the retiree. Prior to July 1, 1991, upon employment of any 24 person, other than an elected officer as provided in s. 25 121.053, who has been retired under any state-administered 26 retirement program, the employer shall pay retirement 27 contributions in an amount equal to the unfunded actuarial 28 accrued liability portion of the employer contribution which 29 would be required for regular members of the Florida 30 Retirement System. Effective July 1, 1991, contributions shall 31 be made as provided in s. 121.122 for renewed membership. 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 161 185-683-97 1 8. Any person who has previously retired and who is 2 holding an elective public office or an appointment to an 3 elective public office eligible for the Elected State and 4 County Officers' Class on or after July 1, 1990, shall be 5 enrolled in the Florida Retirement System as provided in s. 6 121.053(1)(b) or, if holding an elective public office that 7 does not qualify for the Elected State and County Officers' 8 Class on or after July 1, 1991, shall be enrolled in the 9 Florida Retirement System as provided in s. 121.122, and shall 10 continue to receive retirement benefits as well as 11 compensation for the elected officer's service for as long as 12 he or she remains in elective office. However, any retired 13 member who served in an elective office prior to July 1, 1990, 14 suspended his or her retirement benefit, and had his or her 15 Florida Retirement System membership reinstated shall, upon 16 retirement from such office, have his or her retirement 17 benefit recalculated to include the additional service and 18 compensation earned. 19 9. Any person who is holding an elective public office 20 which is covered by the Florida Retirement System and who is 21 concurrently employed in nonelected covered employment may 22 elect to retire while continuing employment in the elective 23 public office, provided that he or she shall be required to 24 terminate his or her nonelected covered employment. Any 25 person who exercises this election shall receive his or her 26 retirement benefits in addition to the compensation of the 27 elective office without regard to the time limitations 28 otherwise provided in this subsection. No person who seeks to 29 exercise the provisions of this subparagraph, as the same 30 existed prior to May 3, 1984, shall be deemed to be retired 31 under those provisions, unless such person is eligible to 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 161 185-683-97 1 retire under the provisions of this subparagraph, as amended 2 by chapter 84-11, Laws of Florida. 3 10. The limitations of this paragraph apply to 4 reemployment in any capacity with an "employer" as defined in 5 s. 121.021(10), irrespective of the category of funds from 6 which the person is compensated. 7 Section 11. This act shall take effect July 1, 1997. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 21