Senate Bill 1164

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    Florida Senate - 1999                                  SB 1164

    By Senator Silver





    38-871-99

  1                      A bill to be entitled

  2         An act relating to judicial employees; amending

  3         s. 121.055, F.S.; adding assistant state

  4         attorneys, assistant statewide prosecutors, and

  5         assistant public defenders to the Senior

  6         Management Service Class of the Florida

  7         Retirement System; authorizing the state courts

  8         to pay Selected Exempt Service benefits to

  9         judicial assistants; providing an effective

10         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, 1998 Supplement, is amended to

16  read:

17         121.055  Senior Management Service Class.--There is

18  hereby established a separate class of membership within the

19  Florida Retirement System to be known as the "Senior

20  Management Service Class," which shall become effective

21  February 1, 1987.

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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    Florida Senate - 1999                                  SB 1164
    38-871-99




  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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    Florida Senate - 1999                                  SB 1164
    38-871-99




  1  position. Effective January 1, 2000, 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 authorized to pay

10  Selected Exempt Service benefits to all judicial assistants

11  within the state courts system.

12         Section 3.  This act shall take effect October 1, 1999.

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15                          SENATE SUMMARY

16    Includes assistant state attorneys, assistant statewide
      prosecutors, and assistant public defenders in the Senior
17    Management Service Class of the Florida Retirement
      System. Authorizes the state courts to pay Selected
18    Exempt Service benefits to judicial assistants.

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