Senate Bill 0352

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    Florida Senate - 1999                                   SB 352

    By the Committee on Governmental Oversight and Productivity





    302-585A-99

  1                      A bill to be entitled

  2         An act relating to state employment; amending

  3         s. 110.201, F.S.; authorizing the Department of

  4         Management Services to adopt a renewable

  5         employment contract form for career service

  6         employees; amending s. 110.203, F.S.; defining

  7         the term "renewable employment contract";

  8         creating s. 110.2031, F.S.; authorizing state

  9         agencies to offer prospective or current

10         members of the career service system a

11         renewable employment contract; providing that

12         employees who enter into a renewable employment

13         contract are presumptively members of the

14         optional annuity program; amending s. 110.205,

15         F.S.; providing that career service employees

16         who enter into renewable employment contracts

17         hold exempt positions; creating s. 110.4021,

18         F.S.; providing that employees with senior

19         management status prior to July 1, 1999, will

20         have the option of participating in the Florida

21         Retirement System or in an optional annuity

22         program; providing that persons hired as senior

23         management on or after July 1, 1999, are

24         presumptively participants in the optional

25         annuity program; creating s. 110.6011, F.S.;

26         providing that employees with select exempt

27         status prior to July 1, 1999, will have the

28         option of participating in the Florida

29         Retirement System or in an optional annuity

30         program; providing that persons hired as select

31         exempt employees on or after July 1, 1999, are

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    Florida Senate - 1999                                   SB 352
    302-585A-99




  1         presumptively participants in the optional

  2         annuity program; providing an effective date.

  3

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

  5

  6         Section 1.  Paragraph (d) of subsection (1) of section

  7  110.201, Florida Statutes, is amended to read:

  8         110.201  Personnel rules, records, and reports.--

  9         (1)

10         (d)  The department shall develop uniform forms and

11  instructions to be used in reporting transactions which

12  involve changes in an employee's salary, status, performance,

13  leave, fingerprint record, loyalty oath, payroll change,

14  appointment action, or any additional transactions as the

15  department may determine appropriate. The department also

16  shall adopt, after approval of the Administration Commission,

17  a renewable employment contract form to be used by state

18  agencies.

19         Section 2.  Subsection (28) is added to section

20  110.203, Florida Statutes, to read:

21         110.203  Definitions.--For the purpose of this part and

22  the personnel affairs of the state:

23         (28)  "Renewable employment contract" means an

24  employment contract for a fixed period of 1 or more years

25  which may be renewed at the end of the contract period.

26         Section 3.  Section 110.2031, Florida Statutes, is

27  created to read:

28         110.2031  Renewable employment contracts.--

29         (1)  Each state agency may offer to a prospective or

30  current member of the career service system a renewable

31  employment contract.

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    Florida Senate - 1999                                   SB 352
    302-585A-99




  1         (2)  An employee who is employed by a state agency

  2  subject to a renewable employment contract is presumptively a

  3  member of the optional annuity program provided in s. 121.055

  4  unless that employee affirmatively selects to participate in

  5  the Florida Retirement System at the time he or she enters

  6  into the renewable employment contract.

  7         Section 4.  Paragraph (v) is added to subsection (2) of

  8  section 110.205, Florida Statutes, to read:

  9         110.205  Career service; exemptions.--

10         (2)  EXEMPT POSITIONS.--The exempt positions which are

11  not covered by this part include the following, provided that

12  no position, except for positions established for a limited

13  period of time pursuant to paragraph (h), shall be exempted if

14  the position reports to a position in the career service:

15         (v)  Any employee who has entered into a renewable

16  employment contract under s. 110.2031.

17         Section 5.  Section 110.4021, Florida Statutes, is

18  created to read:

19         110.4021  Retirement options; senior management

20  employees.--An employee who is a member of the senior

21  management service prior to July 1, 1999, must be given the

22  option of participating in the Florida Retirement System or of

23  participating in the optional annuity program provided in s.

24  121.055. A member of the senior management service whose

25  effective date of employment is July 1, 1999, or thereafter,

26  is presumptively a member of the optional annuity program

27  provided in s. 121.055 unless that employee chooses to

28  participate in the Florida Retirement System.

29         Section 6.  Section 110.6011, Florida Statutes, is

30  created to read:

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    Florida Senate - 1999                                   SB 352
    302-585A-99




  1         110.6011  Retirement options; select exempt

  2  employees.--An employee who is a member of the select exempt

  3  service prior to July 1, 1999, must be given the option of

  4  participating in the Florida Retirement System or of

  5  participating in the optional annuity program provided in s.

  6  121.055. A member of the select exempt service whose effective

  7  date of employment is July 1, 1999, or thereafter, is

  8  presumptively a member of the optional annuity program

  9  provided in s. 121.055 unless that employee chooses to

10  participate in the Florida Retirement System.

11         Section 7.  This act shall take effect July 1, 1999.

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14                          SENATE SUMMARY

15    Authorizes the Department of Management Services to adopt
      a renewable employment contract form to be used by state
16    agencies. Authorizes state agencies to offer prospective
      or current career service members a renewal employment
17    contract. Defines the term "renewable employment
      contract." Provides that career service employees who are
18    subject to a renewable employment contract are
      presumptively members of the optional annuity program
19    unless they select otherwise. Provides that members of
      the senior management service and the select exempt
20    service who are members prior to July 1, 1999, must be
      given an option of participating in the Florida
21    Retirement System or the optional annuity program. Such
      members employed on or after July 1, 1999, are
22    presumptively members of the optional annuity program
      unless they choose the Florida Retirement System.
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