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  1

  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.

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    2000 Legislature                                       HB 2099



  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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    2000 Legislature                                       HB 2099



  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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    ENROLLED

    2000 Legislature                                       HB 2099



  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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