Senate Bill 1440

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    Florida Senate - 2000                                  SB 1440

    By Senator Silver





    38-591-00

  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; providing an effective date.

  8

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

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

12  121.055, Florida Statutes, is amended to read:

13         121.055  Senior Management Service Class.--There is

14  hereby established a separate class of membership within the

15  Florida Retirement System to be known as the "Senior

16  Management Service Class," which shall become effective

17  February 1, 1987.

18         (1)

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

20  January 1, 1994, participation in the Senior Management

21  Service Class shall be compulsory for the State Courts

22  Administrator and the Deputy State Courts Administrators, the

23  Clerk of the Supreme Court, the Marshal of the Supreme Court,

24  the Executive Director of the Justice Administrative

25  Commission, the Capital Collateral Representative, the clerks

26  of the district courts of appeals, the marshals of the

27  district courts of appeals, and the trial court administrator

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

29  additional positions in the offices of the state attorney and

30  public defender in each judicial circuit may be designated for

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    Florida Senate - 2000                                  SB 1440
    38-591-00




  1  inclusion in the Senior Management Service Class of the

  2  Florida Retirement System, provided that:

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

  4  designated by the state attorney or public defender, as

  5  appropriate.  Notice of intent to designate positions for

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

  7  consecutive weeks in a newspaper of general circulation

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

  9  chapter 50.

10         b.  One nonelective full-time position may be

11  designated for each state attorney and public defender

12  reporting to the Department of Management Services; for

13  agencies with 200 or more regularly established positions

14  under the state attorney or public defender, additional

15  nonelective full-time positions may be designated, not to

16  exceed 0.5 percent of the regularly established positions

17  within the agency.

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

19  managerial or policymaking position filled by an employee who

20  serves at the pleasure of the state attorney or public

21  defender without civil service protection, and who:

22         (I)  Heads an organizational unit; or

23         (II)  Has responsibility to effect or recommend

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

25  her areas of responsibility.

26         2.  Participation in this class shall be compulsory,

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

28  employee who holds a position designated for coverage in the

29  Senior Management Service Class, and such participation shall

30  continue until the employee terminates employment in a covered

31  position. Effective January 1, 2001, participation in this

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    Florida Senate - 2000                                  SB 1440
    38-591-00




  1  class shall be compulsory for assistant state attorneys,

  2  assistant statewide prosecutors, and assistant public

  3  defenders.

  4         3.  In lieu of participation in the Senior Management

  5  Service Class, such members may participate in the Senior

  6  Management Service Optional Annuity Program as established in

  7  subsection (6).

  8         Section 2.  This act shall take effect October 1, 2000.

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11                          SENATE SUMMARY

12    Includes assistant state attorneys, assistant statewide
      prosecutors, and assistant public defenders in the Senior
13    Management Service Class of the Florida Retirement
      System.
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