House Bill 2099
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Florida House of Representatives - 2000 HB 2099
By the Committee on Governmental Operations and
Representative Posey
1 A bill to be entitled
2 An act relating to rulemaking authority of the
3 Department of Management Services; amending s.
4 112.362, F.S., relating to the minimum benefit
5 adjustment; providing for refusal; amending s.
6 121.021, F.S.; revising and adding definitions;
7 amending s. 121.051, F.S.; providing for rules
8 relating to the submission of documents
9 required for proper application by
10 municipalities and special districts for
11 Florida Retirement System participation;
12 clarifying retention of Florida Retirement
13 System membership for certain members;
14 providing for furnishing of employee
15 information upon enrollment in the Florida
16 Retirement System; amending s. 121.0515, F.S.,
17 relating to Special Risk Class membership;
18 providing for definitions; clarifying
19 provisions relating to upgrading of past
20 service to creditable service under the Special
21 Risk Class; clarifying circumstances for
22 retroactive coverage for Special Risk
23 Administrative Support Class members; amending
24 s. 121.081, F.S., relating to past service and
25 prior service; providing for matters related to
26 past service credit and prior service credit;
27 creating s. 121.085, F.S., relating to claiming
28 of creditable service; providing for submission
29 of required information or evidence to
30 establish a claim; providing a restriction with
31 respect to unclaimed service; amending s.
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1 121.091, F.S., relating to retirement benefits
2 payable under the system; providing for
3 retention of service credit upon termination;
4 restricting payment of retirement benefits
5 potentially subject to forfeiture; providing
6 for payment of retirement benefits directly to
7 a beneficiary, rather than a trust, in certain
8 cases; providing requirements relative to
9 payment of retirement benefits; amending s.
10 121.121, F.S., relating to authorized leaves of
11 absence; providing that leaves under the Family
12 Medical Leave Act are included in this
13 provision; amending s. 287.16, F.S., relating
14 to the acquisition, operation, and disposal of
15 watercraft; providing legislative intent;
16 providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Subsection (7) is added to section 112.362,
21 Florida Statutes, to read:
22 112.362 Recomputation of retirement benefits.--
23 (7) A member, or a joint annuitant or other
24 beneficiary, who is receiving a monthly benefit may refuse the
25 application of the minimum benefit adjustment to such benefit.
26 Section 2. Subsection (54) of section 121.021, Florida
27 Statutes, is amended, and subsections (55) through (61) are
28 added to said section, to read:
29 121.021 Definitions.--The following words and phrases
30 as used in this chapter have the respective meanings set forth
31 unless a different meaning is plainly required by the context:
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1 (54) "Work year" means the period of time an employee
2 is required to work during the plan year to receive a full
3 year of retirement credit, as provided by rule.
4 (55) "Benefit" means any payment, lump-sum or
5 periodic, to a member, retiree, or beneficiary, based
6 partially or entirely on employer contributions.
7 (56) "Calendar month" means one of the 12 divisions of
8 a year as determined by the Gregorian calendar (e.g., January,
9 April, etc.).
10 (57) "Calendar year" means a period of time beginning
11 January 1 and ending on the following December 31.
12 (58) "Leave of absence" means a leave of absence from
13 employment under the Florida Retirement System, subsequent to
14 November 30, 1970, for which retirement credit may be received
15 in accordance with s. 121.121.
16 (59) "Payee" means a retiree or beneficiary of a
17 retiree who is receiving a retirement benefit payment.
18 (60) "Retiree" means a former member of the Florida
19 Retirement System or an existing system who has terminated
20 employment and is receiving benefit payments from the system
21 in which he or she was a member. This term also includes a
22 person who retired and is receiving benefits under s. 112.05.
23 (61) "Signature" means the name or mark of a person as
24 written by that person. When an "x" is used as a signature on
25 a document, the document must include the printed names,
26 signatures, and addresses of two persons who witnessed the
27 signing, or the document must be notarized.
28 Section 3. Paragraphs (b) and (f) of subsection (2),
29 and subsection (4) of section 121.051, Florida Statutes, are
30 amended to read:
31 121.051 Participation in the system.--
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1 (2) OPTIONAL PARTICIPATION.--
2 (b)1. The governing body of any municipality or
3 special district in the state may elect to participate in the
4 system upon proper application to the administrator and may
5 cover all or any of its units as approved by the Secretary of
6 Health and Human Services and the administrator. The
7 department shall adopt rules establishing provisions for the
8 submission of documents necessary for such application. Prior
9 to being approved for participation in the Florida Retirement
10 System, the governing body of any such municipality or special
11 district that has a local retirement system shall submit to
12 the administrator a certified financial statement showing the
13 condition of the local retirement system as of a date within 3
14 months prior to the proposed effective date of membership in
15 the Florida Retirement System. The statement must be certified
16 by a recognized accounting firm that is independent of the
17 local retirement system. All required documents necessary for
18 extending Florida Retirement System coverage must be received
19 by the department for consideration at least 15 days prior to
20 the proposed effective date of coverage. If the municipality
21 or special district does not comply with this requirement, the
22 department may require that the effective date of coverage be
23 changed.
24 2. Any city or special district that has an existing
25 retirement system covering the employees in the units that are
26 to be brought under the Florida Retirement System may
27 participate only after holding a referendum in which all
28 employees in the affected units have the right to participate.
29 Only those employees electing coverage under the Florida
30 Retirement System by affirmative vote in said referendum shall
31 be eligible for coverage under this chapter, and those not
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1 participating or electing not to be covered by the Florida
2 Retirement System shall remain in their present systems and
3 shall not be eligible for coverage under this chapter. After
4 the referendum is held, all future employees shall be
5 compulsory members of the Florida Retirement System.
6 3. The governing body of any city or special district
7 complying with subparagraph 1. may elect to provide, or not
8 provide, benefits based on past service of officers and
9 employees as described in s. 121.081(1). However, if such
10 employer elects to provide past service benefits, such
11 benefits must be provided for all officers and employees of
12 its covered group.
13 4. Once this election is made and approved it may not
14 be revoked, except pursuant to subparagraphs 5. and 6., and
15 all present officers and employees electing coverage under
16 this chapter and all future officers and employees shall be
17 compulsory members of the Florida Retirement System.
18 5. Subject to the conditions set forth in subparagraph
19 6., the governing body of any hospital licensed under chapter
20 395 which is governed by the board of a special district as
21 defined in s. 189.403(1) or by the board of trustees of a
22 public health trust created under s. 154.07, hereinafter
23 referred to as "hospital district," and which participates in
24 the system, may elect to cease participation in the system
25 with regard to future employees in accordance with the
26 following procedure:
27 a. No more than 30 days and at least 7 days before
28 adopting a resolution to partially withdraw from the Florida
29 Retirement System and establish an alternative retirement plan
30 for future employees, a public hearing must be held on the
31 proposed withdrawal and proposed alternative plan.
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1 b. From 7 to 15 days before such hearing, notice of
2 intent to withdraw, specifying the time and place of the
3 hearing, must be provided in writing to employees of the
4 hospital district proposing partial withdrawal and must be
5 published in a newspaper of general circulation in the area
6 affected, as provided by ss. 50.011-50.031. Proof of
7 publication of such notice shall be submitted to the
8 Department of Management Services.
9 c. The governing body of any hospital district seeking
10 to partially withdraw from the system must, before such
11 hearing, have an actuarial report prepared and certified by an
12 enrolled actuary, as defined in s. 112.625(3), illustrating
13 the cost to the hospital district of providing, through the
14 retirement plan that the hospital district is to adopt,
15 benefits for new employees comparable to those provided under
16 the Florida Retirement System.
17 d. Upon meeting all applicable requirements of this
18 subparagraph, and subject to the conditions set forth in
19 subparagraph 6., partial withdrawal from the system and
20 adoption of the alternative retirement plan may be
21 accomplished by resolution duly adopted by the hospital
22 district board. The hospital district board must provide
23 written notice of such withdrawal to the division by mailing a
24 copy of the resolution to the division, postmarked no later
25 than December 15, 1995. The withdrawal shall take effect
26 January 1, 1996.
27 6. Following the adoption of a resolution under
28 sub-subparagraph 5.d., all employees of the withdrawing
29 hospital district who were participants in the Florida
30 Retirement System prior to January 1, 1996, shall remain as
31 participants in the system for as long as they are employees
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1 of the hospital district, and all rights, duties, and
2 obligations between the hospital district, the system, and the
3 employees shall remain in full force and effect. Any employee
4 who is hired or appointed on or after January 1, 1996, may not
5 participate in the Florida Retirement System, and the
6 withdrawing hospital district shall have no obligation to the
7 system with respect to such employees.
8 (f)1. Whenever an employer that participates in the
9 Florida Retirement System undertakes the transfer, merger, or
10 consolidation of governmental services or functions, the
11 employer must notify the department at least 60 days prior to
12 such action and shall provide documentation as required by the
13 department.
14 2. When the agency to which a member's employing unit
15 is transferred, merged, or consolidated does not participate
16 in the Florida Retirement System, a member shall elect in
17 writing to remain in the Florida Retirement System or to
18 transfer to the local retirement system operated by such
19 agency. If such agency does not participate in a local
20 retirement system, the member shall continue membership in the
21 Florida Retirement System. In either case, the membership
22 shall continue for as long as the member is employed by the
23 agency to which his or her unit was transferred, merged, or
24 consolidated.
25 (4) INFORMATION REQUIRED.--The employer and employee
26 shall furnish the administrator with such information as he or
27 she may request for the proper enrollment of officers and
28 employees in the system.
29 Section 4. Paragraph (c) of subsection (2), paragraph
30 (a) of subsection (5), and paragraph (b) of subsection (7) of
31 section 121.0515, Florida Statutes, are amended to read:
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1 121.0515 Special risk membership; criteria;
2 designation and removal of classification; credits for past
3 service and prior service; retention of special risk normal
4 retirement date.--
5 (2) CRITERIA.--A member, to be designated as a special
6 risk member, must meet the following criteria:
7 (c) The member must be employed as a correctional
8 officer and be certified, or required to be certified, in
9 compliance with s. 943.1395. In addition, the member's
10 primary duties and responsibilities must be the custody, and
11 physical restraint when necessary, of prisoners or inmates
12 within a prison, jail, or other criminal detention facility,
13 or while on work detail outside the facility, or while being
14 transported; or the member must be the supervisor or command
15 officer of a member or members who have such responsibilities;
16 provided, however, administrative support personnel,
17 including, but not limited to, those whose primary duties and
18 responsibilities are in accounting, purchasing, legal, and
19 personnel, shall not be included; however, correctional
20 superintendents and assistant superintendents, as defined by
21 rule, shall participate in the Special Risk Class; or
22 (5) CREDIT FOR PAST SERVICE.--A special risk member
23 may purchase retirement credit in the Special Risk Class based
24 upon past service, and may upgrade retirement credit for such
25 past service, to the extent of 2 percent of the member's
26 average monthly compensation as specified in s. 121.091(1)(a)
27 for such service as follows:
28 (a) The member may purchase special risk credit for
29 past service with a city or special district which has elected
30 to join the Florida Retirement System, or with a participating
31 agency to which a member's governmental unit was transferred,
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1 merged, or consolidated as provided in s. 121.081(1)(f), if
2 the member was employed with the city or special district at
3 the time it commenced participating in the Florida Retirement
4 System or with the governmental unit at the time of its
5 transfer, merger, or consolidation with the participating
6 agency. The service must satisfy the criteria set forth in
7 subsection (2) for special risk membership as a law
8 enforcement officer, firefighter, or correctional officer;
9 however, no certificate or waiver of certificate of compliance
10 with s. 943.1395 or s. 633.35 shall be required for such
11 service.
12 (7) RETENTION OF SPECIAL RISK NORMAL RETIREMENT
13 DATE.--
14 (b) Upon application by a member, the provisions of
15 this subsection shall apply, with respect to such member,
16 retroactively to October 1, 1978, provided that the member was
17 removed from the Special Risk Class effective October 1, 1978,
18 due to a change in special risk criteria as a result of the
19 enactment of chapter 78-308, Laws of Florida, or was
20 reassigned or employed for training or career development or
21 to fill a critical agency need.
22 Section 5. Subsection (2) of section 121.081, Florida
23 Statutes, is amended to read:
24 121.081 Past service; prior service;
25 contributions.--Conditions under which past service or prior
26 service may be claimed and credited are:
27 (2) Prior service, as defined in s. 121.021(19), may
28 be claimed as creditable service under the Florida Retirement
29 System after a member has been reemployed for 1 complete year
30 of creditable service within a period of 12 consecutive
31 months, except as provided in paragraph (c). Service performed
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1 as a participant of the optional retirement program for the
2 State University System under s. 121.35 or the Senior
3 Management Service Optional Annuity Program under s. 121.055
4 may be used to satisfy the reemployment requirement of 1
5 complete year of creditable service. The member shall not be
6 permitted to make any contributions for prior service until
7 after completion of the 1 year of creditable service. If a
8 member does not wish to claim credit for all of his or her
9 prior service, the service the member claims must be the most
10 recent period of service. The required contributions for
11 claiming the various types of prior service are:
12 (a) For prior service performed prior to the date the
13 system becomes noncontributory for the member and for which
14 the member had credit under one of the existing retirement
15 systems and received a refund of contributions upon
16 termination of employment, the member shall contribute 4
17 percent of all salary received during the period being
18 claimed, plus 4 percent interest compounded annually from date
19 of refund until July 1, 1975, and 6.5 percent interest
20 compounded annually thereafter, until full payment is made to
21 the Retirement Trust Fund, and shall receive credit in the
22 Regular Class. A member who elected to transfer to the Florida
23 Retirement System from an existing system may receive credit
24 for prior service under the existing system if he or she was
25 eligible under the existing system to claim the prior service
26 at the time of the transfer. Contributions for such prior
27 service shall be determined by the applicable provisions of
28 the system under which the prior service is claimed and shall
29 be paid by the member, with matching contributions paid by the
30 employer at the time the service was performed. Effective July
31 1, 1978, the account of a person who terminated under s.
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1 238.05(3) may not be charged interest for contributions that
2 remained on deposit in the Annuity Savings Trust Fund
3 established under chapter 238, upon retirement under this
4 chapter or chapter 238.
5 (b) For prior service performed prior to the date the
6 system becomes noncontributory for the member and for which
7 the member had credit under the Florida Retirement System and
8 received a refund of contributions upon termination of
9 employment, the member shall contribute at the rate that was
10 required of him or her during the period of service being
11 claimed, on all salary received during such period, plus 4
12 percent interest compounded annually from date of refund until
13 July 1, 1975, and 6.5 percent interest compounded annually
14 thereafter, until the full payment is made to the Retirement
15 Trust Fund, and shall receive credit in the membership class
16 in which the member participated during the period claimed.
17 (c) For prior service as defined in s. 121.021(19)(b)
18 and (c) during which no contributions were made because the
19 member did not participate in a retirement system, the member
20 shall contribute 14.38 percent of all salary received during
21 such period or 14.38 percent of $100 per month during such
22 period, whichever is greater, plus 4 percent interest
23 compounded annually from the first year of service claimed
24 until July 1, 1975, and 6.5 percent interest compounded
25 annually thereafter, until full payment is made to the
26 Retirement Trust Fund, and shall receive credit in the Regular
27 Class.
28 (d) In order to claim credit for prior service as
29 defined in s. 121.021(19)(d) for which no retirement
30 contributions were paid during the period of such service, the
31 member shall contribute the total employee and employer
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1 contributions which were required to be made to the Highway
2 Patrol Pension Trust Fund, as provided in chapter 321, during
3 the period claimed, plus 4 percent interest compounded
4 annually from the first year of service until July 1, 1975,
5 and 6.5 percent interest compounded annually thereafter, until
6 full payment is made to the Retirement Trust Fund. However,
7 any governmental entity which employed such member may elect
8 to pay up to 50 percent of the contributions and interest
9 required to purchase this prior service credit. The service
10 shall be credited in accordance with the provisions of the
11 Highway Patrol Pension Plan in effect during the period
12 claimed unless the member terminated and withdrew his or her
13 retirement contributions and was thereafter enrolled in the
14 State and County Officers and Employees' Retirement System or
15 the Florida Retirement System, in which case, the service
16 shall be credited as Regular Class service.
17 (e) For service performed under the Florida Retirement
18 System after December 1, 1970, that was never reported to the
19 division or the department due to error, retirement credit may
20 be claimed by a member of the Florida Retirement System. The
21 department shall adopt rules establishing criteria for
22 claiming such credit and detailing the documentation required
23 to substantiate the error.
24 (f) The employer may not be required to make
25 contributions for prior service credit for any member, except
26 that the employer shall pay the employer portion of
27 contributions for any legislator who elects to withdraw from
28 the Florida Retirement System and later rejoins the system and
29 pays any employee contributions required in accordance with s.
30 121.052(3)(d).
31
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1 Section 6. Section 121.085, Florida Statutes, is
2 created to read:
3 121.085 Creditable service.--The following provisions
4 shall apply to creditable service as defined in s.
5 121.021(17):
6 (1) The department shall adopt rules establishing
7 procedures for the submission of evidence or information
8 necessary to establish a member's claim of creditable service.
9 (2) No creditable service which remained unclaimed at
10 retirement may be claimed or purchased after a retirement
11 benefit payment has been cashed or deposited.
12 Section 7. Subsection (5) of section 121.091, Florida
13 Statutes, is amended, paragraph (c) is added to subsection
14 (8), and paragraphs (e) and (f) are added to subsection (14)
15 of said section, to read:
16 121.091 Benefits payable under the system.--Benefits
17 may not be paid under this section unless the member has
18 terminated employment as provided in s. 121.021(39)(a) or
19 begun participation in the Deferred Retirement Option Program
20 as provided in subsection (13), and a proper application has
21 been filed in the manner prescribed by the department. The
22 department may cancel an application for retirement benefits
23 when the member or beneficiary fails to timely provide the
24 information and documents required by this chapter and the
25 department's rules. The department shall adopt rules
26 establishing procedures for application for retirement
27 benefits and for the cancellation of such application when the
28 required information or documents are not received.
29 (5) TERMINATION BENEFITS.--A member whose employment
30 is terminated prior to retirement retains membership rights to
31 previously earned member-noncontributory service credit, and
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1 to member-contributory service credit, if the member leaves
2 the member contributions on deposit in his or her retirement
3 account. If a terminated member receives a refund of member
4 contributions, such member may reinstate membership rights to
5 the previously earned service credit represented by the refund
6 by completing 1 year of creditable service and repaying the
7 refunded member contributions, plus interest.
8 (a) A member whose employment is terminated for any
9 reason other than death or retirement prior to becoming vested
10 is entitled to the return of his or her accumulated
11 contributions as of the date of termination.
12 (b) A member whose employment is terminated for any
13 reason other than death or retirement after becoming vested
14 may elect to receive a deferred monthly benefit which shall
15 begin to accrue on the first day of the month of normal or
16 early retirement and shall be payable on the last day of that
17 month and each month thereafter during his or her lifetime.
18 The amount of monthly benefit shall be computed in the same
19 manner as for a normal retirement benefit in accordance with
20 subsection (1) or early retirement benefit in accordance with
21 s. 121.021(30), but based on average monthly compensation and
22 creditable service as of the date of termination.
23 (c) In lieu of the deferred monthly benefit provided
24 in paragraph (b), the terminated member may elect to receive a
25 lump-sum amount equal to his or her accumulated contributions
26 as of the date of termination.
27 (d) If any retired member dies without having received
28 in benefit payments an amount equal to his or her accumulated
29 contributions, there shall be payable to his or her designated
30 beneficiary an amount equal to the excess, if any, of the
31
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1 member's accumulated contributions over the total monthly
2 payments made to the member prior to the date of death.
3 (e) A member shall be deemed a terminated member when
4 termination of employment has occurred as provided in s.
5 121.021(39).
6 (f) Any member who has been found guilty by a verdict
7 of a jury, or by the court trying the case without a jury, of
8 committing, aiding, or abetting any embezzlement or theft from
9 his or her employer, bribery in connection with the
10 employment, or other felony specified in chapter 838, except
11 ss. 838.15 and 838.16, committed prior to retirement, or who
12 has entered a plea of guilty or of nolo contendere to such
13 crime, or any member whose employment is terminated by reason
14 of the member's admitted commitment, aiding, or abetting of an
15 embezzlement or theft from his or her employer, bribery, or
16 other felony specified in chapter 838, except ss. 838.15 and
17 838.16, shall forfeit all rights and benefits under this
18 chapter, except the return of his or her accumulated
19 contributions as of the date of termination.
20 (g) Any elected official who is convicted by the
21 Senate of an impeachable offense shall forfeit all rights and
22 benefits under this chapter, except the return of his or her
23 accumulated contributions as of the date of the conviction.
24 (h) Any member who, prior to retirement, is adjudged
25 by a court of competent jurisdiction to have violated any
26 state law against strikes by public employees, or who has been
27 found guilty by such court of violating any state law
28 prohibiting strikes by public employees, shall forfeit all
29 rights and benefits under this chapter, except the return of
30 his or her accumulated contributions as of the date of the
31 conviction.
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1 (i) Any beneficiary who by a verdict of a jury or by
2 the court trying the case without a jury is found guilty, or
3 who has entered a plea of guilty or nolo contendere, of
4 unlawfully and intentionally killing or procuring the death of
5 the member forfeits all rights to the deceased member's
6 benefits under this chapter, and the benefits will be paid as
7 if such beneficiary had predeceased the decedent.
8 (j) Benefits shall may not be paid by the division
9 pending final resolution of such charges against a member or
10 the beneficiary if the resolution of such charges could
11 require the forfeiture of benefits as provided in paragraphs
12 (f), (g), (h), or (i).
13 (8) DESIGNATION OF BENEFICIARIES.--
14 (c) Notwithstanding the member's designation of
15 benefits to be paid through a trust to a beneficiary that is a
16 natural person as provided in s. 121.021(46), and
17 notwithstanding the provisions of the trust, benefits shall be
18 paid directly to the beneficiary if such person is no longer a
19 minor or incapacitated as defined in s. 744.102(10) and (11).
20 (14) PAYMENT OF BENEFITS.--This subsection applies to
21 the payment of benefits to a payee (retiree or beneficiary)
22 under the Florida Retirement System:
23 (e) No benefit may be reduced for the purpose of
24 preserving the member's eligibility for a federal program.
25 (f) The division shall adopt rules establishing
26 procedures for determining that the persons to whom benefits
27 are being paid are still living. The division shall suspend
28 the benefits being paid to any payee when it is unable to
29 contact such payee and to confirm that he or she is still
30 living.
31
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1 Section 8. Subsection (1) of section 121.121, Florida
2 Statutes, is amended to read:
3 121.121 Authorized leaves of absence.--
4 (1) A member may purchase creditable service for up to
5 2 work years of authorized leaves of absence, including any
6 leaves of absence covered under the Family Medical Leave Act,
7 if:
8 (a) The member has completed a minimum of 10 years of
9 creditable service, excluding periods for which a leave of
10 absence was authorized;
11 (b) The leave of absence is authorized in writing by
12 the employer of the member and approved by the administrator;
13 (c) The member returns to active employment performing
14 service with a Florida Retirement System employer in a
15 regularly established position immediately upon termination of
16 the leave of absence and remains on the employer's payroll for
17 1 calendar month, except that a member who retires on
18 disability while on a medical leave of absence shall not be
19 required to return to employment. A member whose work year is
20 less than 12 months and whose leave of absence terminates
21 between school years is eligible to receive credit for the
22 leave of absence as long as he or she returns to the
23 employment of his or her employer at the beginning of the next
24 school year and remains on the employer's payroll for 1
25 calendar month; and
26 (d) The member makes the required contributions for
27 service credit during the leave of absence, which shall be 8
28 percent until January 1, 1975, and 9 percent thereafter of his
29 or her rate of monthly compensation in effect immediately
30 prior to the commencement of such leave for each month of such
31 period, plus 4 percent interest until July 1, 1975, and 6.5
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1 percent interest thereafter on such contributions, compounded
2 annually each June 30 from the due date of the contribution to
3 date of payment. Effective July 1, 1980, any leave of absence
4 purchased pursuant to this section shall be at the
5 contribution rates specified in s. 121.071 in effect at the
6 time the leave is granted for the class of membership from
7 which the leave of absence was granted; however, any member
8 who purchased leave-of-absence credit prior to July 1, 1980,
9 for a leave of absence from a position in a class other than
10 the regular membership class, may pay the appropriate
11 additional contributions plus compound interest thereon and
12 receive creditable service for such leave of absence in the
13 membership class from which the member was granted the leave
14 of absence.
15 Section 9. Subsections (2) and (6) of section 287.16,
16 Florida Statutes, are amended to read:
17 287.16 Powers and duties of department.--The
18 Department of Management Services shall have the following
19 powers, duties, and responsibilities:
20 (2) To establish and operate central facilities for
21 the acquisition, disposal, operation, maintenance, repair,
22 storage, supervision, control, and regulation of all
23 state-owned or state-leased aircraft, watercraft, and motor
24 vehicles and to operate any state facilities for those
25 purposes. Acquisition may be by purchase, lease, loan, or in
26 any other legal manner.
27 (6) To adopt and enforce rules and regulations for the
28 efficient and safe use, operation, maintenance, repair,
29 disposal, and replacement of all state-owned or state-leased
30 aircraft, watercraft, and motor vehicles and to require the
31 placement of appropriate stickers, decals, or other markings
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2099
688-140-00
1 upon them the aircraft and motor vehicles of the state. The
2 department may delegate to the respective heads of the
3 agencies to which aircraft, watercraft, and motor vehicles are
4 assigned the duty of enforcing the rules and regulations
5 adopted by the department.
6 Section 10. It is the intent of the Legislature that
7 the amendments to ss. 112.362, 121.021, 121.051, 121.0515,
8 121.081, 121.091, 121.121, and 287.16, Florida Statutes, made
9 by this act are intended to be supplemental to other
10 amendments to said sections which may be enacted at the 2000
11 Regular Session of the Legislature, unless a contrary intent
12 is specifically indicated herein or in such other amendments.
13 Section 11. This act shall take effect July 1, 2000.
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2 HOUSE SUMMARY
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Provides for rulemaking authority of the Department of
4 Management Services. Revises the provisions of the
Florida Supplemental Retirement Act for Retired Members
5 of State Retirement Systems to permit a member or joint
annuitant or other beneficiary to refuse the application
6 of the minimum benefit adjustment to such benefit.
Provides additional definitions applicable to the Florida
7 Retirement System. Authorizes the department to make
rules relating to the submission of documents required
8 for proper application by municipalities and special
districts for participation in the Florida Retirement
9 System, clarifies retention of system membership for
described members, and provides for the furnishing of
10 employee information upon enrollment in the system.
Clarifies provisions relating to Special Risk Class
11 membership. Revises provisions with respect to past
service and prior service in the system. Provides for the
12 claiming of described creditable service and for the
submission of required information or evidence to
13 establish a claim. Revises provisions with respect to
benefits payable under the system to provide for the
14 retention of service credit upon termination, to restrict
payment of retirement benefits potentially subject to
15 forfeiture, to provide for the payment of retirement
benefits directly to a beneficiary rather than a trust in
16 described circumstances, and to provide requirements with
respect to the payment of retirement benefits. Provides
17 authority of the department to regulate the acquisition,
operation, and disposal of certain watercraft. See bill
18 for details.
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