House Bill 0369e1

                                           HB 369, First Engrossed



  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; excluding such persons from

  8         participating in the Senior Management Service

  9         Optional Annuity Program; providing an

10         effective 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, is amended to read:

16         121.055  Senior Management Service Class.--There is

17  hereby established a separate class of membership within the

18  Florida Retirement System to be known as the "Senior

19  Management Service Class," which shall become effective

20  February 1, 1987.

21         (1)

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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CODING: Words stricken are deletions; words underlined are additions.






                                           HB 369, First Engrossed



  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 Department of Management Services; for

15  agencies with 200 or more regularly established positions

16  under the state attorney or public defender, additional

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

18  exceed 0.5 percent of the regularly established positions

19  within the agency.

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

21  managerial or policymaking position filled by an employee who

22  serves at the pleasure of the state attorney or public

23  defender without civil service protection, and who:

24         (I)  Heads an organizational unit; or

25         (II)  Has responsibility to effect or recommend

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

27  her areas of responsibility.

28         2.  Participation in this class shall be compulsory,

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

30  employee who holds a position designated for coverage in the

31  Senior Management Service Class, and such participation shall


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CODING: Words stricken are deletions; words underlined are additions.






                                           HB 369, First Engrossed



  1  continue until the employee terminates employment in a covered

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

  3  class shall be compulsory for assistant state attorneys,

  4  assistant statewide prosecutors, and assistant public

  5  defenders.

  6         3.  In lieu of participation in the Senior Management

  7  Service Class, such members , excluding assistant state

  8  attorneys, assistant statewide prosecutors, and assistant

  9  public defenders covered by subparagraph 2., may participate

10  in the Senior Management Service Optional Annuity Program as

11  established in subsection (6).

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

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