Senate Bill sb1380

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    Florida Senate - 2003                                  SB 1380

    By Senator Clary





    4-590-03                                            See HB 265

  1                      A bill to be entitled

  2         An act relating to public school employment;

  3         amending s. 121.021, F.S.; defining the term

  4         "average final compensation" for public school

  5         members for purposes of the Florida Retirement

  6         System; revising retirement requirements for

  7         public school members; defining the term

  8         "public school member"; amending s. 121.091,

  9         F.S.; revising the normal retirement benefit

10         for public school members; revising the early

11         retirement benefit for public school members;

12         expanding authority for reemploying certain

13         retired public school personnel; revising

14         Deferred Retirement Option Program

15         participation requirements for certain public

16         school personnel; providing legislative intent

17         relating to costs attributable to benefit

18         increases for public school members; requiring

19         the Division of Retirement to conduct an

20         actuarial analysis of reciprocal retirement

21         benefits and report to the Legislature;

22         amending s. 1001.43, F.S.; authorizing district

23         school boards to adopt comprehensive benefit

24         packages for school district personnel;

25         amending s. 1012.27, F.S.; authorizing

26         recommendation for reappointment of certain

27         instructional personnel; amending s. 1012.56,

28         F.S.; revising the time period during which

29         teachers holding a temporary certificate must

30         demonstrate mastery of general knowledge;

31         creating s. 1012.597, F.S.; creating executive

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1         leadership certification for school principals;

 2         amending s. 1012.61, F.S.; revising provisions

 3         relating to payment for sick leave for school

 4         district personnel; creating s. 1012.987, F.S.;

 5         requiring a statewide professional development

 6         program for school administrators; providing an

 7         effective date.

 8         WHEREAS, the Legislature recognizes that there is a

 9  shortage of teachers in Florida, and

10         WHEREAS, the Legislature recognizes that to provide a

11  high- quality education to the students in this state, it is

12  necessary to recruit and retain qualified public school

13  instructional personnel and school-based school

14  administrators, and

15         WHEREAS, it is the intent of the Legislature to

16  encourage experienced and caring teachers to remain in the

17  classroom and to attract capable individuals to the education

18  profession, and

19         WHEREAS, it is the intent of the Legislature to provide

20  incentives that are critical to the successful recruitment and

21  retention of talented and effective education leaders, NOW,

22  THEREFORE,

23  

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

25  

26         Section 1.  Subsection (24) of section 121.021, Florida

27  Statutes, is amended, paragraph (e) is added to subsection

28  (29), and subsection (62) is added to that 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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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1         (24)  "Average final compensation" means the average of

 2  the 5 highest fiscal years of compensation for creditable

 3  service prior to retirement, termination, or death. For

 4  in-line-of-duty disability benefits, if less than 5 years of

 5  creditable service have been completed, the term "average

 6  final compensation" means the average annual compensation of

 7  the total number of years of creditable service. With respect

 8  to public school members, "average final compensation" means

 9  the average of the 3 highest fiscal years of compensation for

10  creditable service prior to retirement, termination, or death.

11  For in-line-of-duty disability benefits, if less than 3 years

12  of creditable service have been completed, the term "average

13  final compensation" means the average annual compensation of

14  the total number of years of creditable service. Each year

15  used in the calculation of average final compensation shall

16  commence on July 1.

17         (a)  The average final compensation shall include:

18         1.  Accumulated annual leave payments, not to exceed

19  500 hours; and

20         2.  All payments defined as compensation in subsection

21  (22).

22         (b)  The average final compensation shall not include:

23         1.  Compensation paid to professional persons for

24  special or particular services;

25         2.  Payments for accumulated sick leave made due to

26  retirement or termination;

27         3.  Payments for accumulated annual leave in excess of

28  500 hours;

29         4.  Bonuses as defined in subsection (47);

30         5.  Third party payments made on and after July 1,

31  1990; or

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1         6.  Fringe benefits (for example, automobile allowances

 2  or housing allowances).

 3         (29)  "Normal retirement date" means the first day of

 4  any month following the date a member attains one of the

 5  following statuses:

 6         (e)  If a public school member, the member:

 7         1.  Completes 6 or more years of creditable service as

 8  a public school member and attains age 55;

 9         2.  Completes 25 years of creditable service as a

10  public school member, regardless of age; or

11         3.  Completes 25 years of creditable service and

12  attains age 55, which service may include a maximum of 4 years

13  of military service credit as long as such credit is not

14  claimed under any other system and the remaining years are

15  served as a public school member.

16  

17  "Normal retirement age" is attained on the "normal retirement

18  date."

19         (62)  "Public school member    means a member of the

20  Florida Retirement System Regular Class who is employed by a

21  district school system, a public charter school, or the

22  Florida School for the Deaf and the Blind and who is

23  classified as instructional personnel as defined in s.

24  1012.01(2) or as a school-based school administrator as

25  defined in s. 1012.01(3)(c).

26         Section 2.  Subsections (1) and (3), paragraph (b) of

27  subsection (9), and paragraph (a) of subsection (13) of

28  section 121.091, Florida Statutes, are amended to read:

29         121.091  Benefits payable under the system.--Benefits

30  may not be paid under this section unless the member has

31  terminated employment as provided in s. 121.021(39)(a) or

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1  begun participation in the Deferred Retirement Option Program

 2  as provided in subsection (13), and a proper application has

 3  been filed in the manner prescribed by the department. The

 4  department may cancel an application for retirement benefits

 5  when the member or beneficiary fails to timely provide the

 6  information and documents required by this chapter and the

 7  department's rules. The department shall adopt rules

 8  establishing procedures for application for retirement

 9  benefits and for the cancellation of such application when the

10  required information or documents are not received.

11         (1)  NORMAL RETIREMENT BENEFIT.--Upon attaining his or

12  her normal retirement date, the member, upon application to

13  the administrator, shall receive a monthly benefit which shall

14  begin to accrue on the first day of the month of retirement

15  and be payable on the last day of that month and each month

16  thereafter during his or her lifetime. The normal retirement

17  benefit, including any past or additional retirement credit,

18  may not exceed 100 percent of the average final compensation.

19  The amount of monthly benefit shall be calculated as the

20  product of A and B, subject to the adjustment of C, if

21  applicable, as set forth below:

22         (a)1.a.  For creditable years of Regular Class service,

23  A is 1.60 percent of the member's average final compensation,

24  up to the member's normal retirement date. Upon completion of

25  the first year after the normal retirement date, A is 1.63

26  percent of the member's average final compensation. Following

27  the second year after the normal retirement date, A is 1.65

28  percent of the member's average final compensation. Following

29  the third year after the normal retirement date, and for

30  subsequent years, A is 1.68 percent of the member's average

31  final compensation.

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1         b.  For creditable years of Regular Class service,

 2  public school members shall have A determined under the

 3  provisions of sub-subparagraph 1.a. for service up to the

 4  "applicability date," and for service earned after the

 5  "applicability date," A is 1.60 percent of the member's

 6  average final compensation for the first 6 years of public

 7  school service, A is 1.73 percent of the member's average

 8  final compensation for the second 6 years of public school

 9  service, A is 1.86 percent of the member's average final

10  compensation for the third 6 years of public school service,

11  and A is 2 percent of the member's average final compensation

12  for 19 or more years of public school service.  As used in

13  this sub-subparagraph, the term "applicability date" means

14  July 1, 2003, adjusted as follows: for each year of creditable

15  service as a public school member earned after the

16  applicability date, 2 years will be subtracted from the

17  applicability date up to a maximum of 18 years.

18         2.  For creditable years of special risk service, A is:

19         a.  Two percent of the member's average final

20  compensation for all creditable years prior to October 1,

21  1974;

22         b.  Three percent of the member's average final

23  compensation for all creditable years after September 30,

24  1974, and before October 1, 1978;

25         c.  Two percent of the member's average final

26  compensation for all creditable years after September 30,

27  1978, and before January 1, 1989;

28         d.  Two and two-tenths percent of the member's final

29  monthly compensation for all creditable years after December

30  31, 1988, and before January 1, 1990;

31  

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1         e.  Two and four-tenths percent of the member's average

 2  final compensation for all creditable years after December 31,

 3  1989, and before January 1, 1991;

 4         f.  Two and six-tenths percent of the member's average

 5  final compensation for all creditable years after December 31,

 6  1990, and before January 1, 1992;

 7         g.  Two and eight-tenths percent of the member's

 8  average final compensation for all creditable years after

 9  December 31, 1991, and before January 1, 1993;

10         h.  Three percent of the member's average final

11  compensation for all creditable years after December 31, 1992;

12  and

13         i.  Three percent of the member's average final

14  compensation for all creditable years of service after

15  September 30, 1978, and before January 1, 1993, for any

16  special risk member who retires after July 1, 2000, or any

17  member of the Special Risk Administrative Support Class

18  entitled to retain the special risk normal retirement date who

19  was a member of the Special Risk Class during the time period

20  and who retires after July 1, 2000.

21         3.  For creditable years of Senior Management Service

22  Class service after January 31, 1987, A is 2 percent;

23         4.  For creditable years of Elected Officers' Class

24  service as a Supreme Court Justice, district court of appeal

25  judge, circuit judge, or county court judge, A is 31/3 percent

26  of the member's average final compensation, and for all other

27  creditable service in such class, A is 3 percent of average

28  final compensation;

29         (b)  B is the number of the member's years and any

30  fractional part of a year of creditable service earned

31  subsequent to November 30, 1970; and

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1         (c)  C is the normal retirement benefit credit brought

 2  forward as of November 30, 1970, by a former member of an

 3  existing system. Such normal retirement benefit credit shall

 4  be determined as the product of X and Y when X is the

 5  percentage of average final compensation which the member

 6  would have been eligible to receive if the member had attained

 7  his or her normal retirement date as of November 30, 1970, all

 8  in accordance with the existing system under which the member

 9  is covered on November 30, 1970, and Y is average final

10  compensation as defined in s. 121.021(25). However, any member

11  of an existing retirement system who is eligible to retire and

12  who does retire, become disabled, or die prior to April 15,

13  1971, may have his or her retirement benefits calculated on

14  the basis of the best 5 of the last 10 years of service.

15         (d)  A member's average final compensation shall be

16  determined by formula to obtain the coverage for the 5 highest

17  fiscal years' salaries, calculated as provided by rule.

18         (3)  EARLY RETIREMENT BENEFIT.--Upon retirement on his

19  or her early retirement date, the member shall receive an

20  immediate monthly benefit that shall begin to accrue on the

21  first day of the month of the retirement date and be payable

22  on the last day of that month and each month thereafter during

23  his or her lifetime. Such benefit shall be calculated as

24  follows:

25         (a)  The amount of each monthly payment shall be

26  computed in the same manner as for a normal retirement

27  benefit, in accordance with subsection (1), but shall be based

28  on the member's average monthly compensation and creditable

29  service as of the member's early retirement date. The benefit

30  so computed shall be reduced by five-twelfths of 1 percent for

31  each complete month by which the early retirement date

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1  precedes the normal retirement date of age 62 for a member of

 2  the Regular Class, Senior Management Service Class, or the

 3  Elected Officers' Class, and age 55 for a public school member

 4  or a member of the Special Risk Class, or age 52 if a public

 5  school member or a Special Risk member has completed 25 years

 6  of creditable service in accordance with s. 121.021(29)(b)3.

 7         (b)  If the employment of a member is terminated by

 8  reason of death subsequent to the completion of 20 years of

 9  creditable service, the monthly benefit payable to the

10  member's beneficiary shall be calculated in accordance with

11  subsection (1), but shall be based on average monthly

12  compensation and creditable service as of the date of death.

13  The benefit so computed shall be reduced by five-twelfths of 1

14  percent for each complete month by which death precedes the

15  normal retirement date specified above or the date on which

16  the member would have attained 30 years of creditable service

17  had he or she survived and continued his or her employment,

18  whichever provides a higher benefit.

19         (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--

20         (b)1.  Any person who is retired under this chapter,

21  except under the disability retirement provisions of

22  subsection (4), may be reemployed by any private or public

23  employer after retirement and receive retirement benefits and

24  compensation from his or her employer without any limitations,

25  except that a person may not receive both a salary from

26  reemployment with any agency participating in the Florida

27  Retirement System and retirement benefits under this chapter

28  for a period of 12 months immediately subsequent to the date

29  of retirement. However, a DROP participant shall continue

30  employment and receive a salary during the period of

31  

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1  participation in the Deferred Retirement Option Program, as

 2  provided in subsection (13).

 3         2.  Any person to whom the limitation in subparagraph

 4  1. applies who violates such reemployment limitation and who

 5  is reemployed with any agency participating in the Florida

 6  Retirement System before completion of the 12-month limitation

 7  period shall give timely notice of this fact in writing to the

 8  employer and to the division and shall have his or her

 9  retirement benefits suspended for the balance of the 12-month

10  limitation period. Any person employed in violation of this

11  paragraph and any employing agency which knowingly employs or

12  appoints such person without notifying the Division of

13  Retirement to suspend retirement benefits shall be jointly and

14  severally liable for reimbursement to the retirement trust

15  fund of any benefits paid during the reemployment limitation

16  period. To avoid liability, such employing agency shall have a

17  written statement from the retiree that he or she is not

18  retired from a state-administered retirement system. Any

19  retirement benefits received while reemployed during this

20  reemployment limitation period shall be repaid to the

21  retirement trust fund, and retirement benefits shall remain

22  suspended until such repayment has been made. Benefits

23  suspended beyond the reemployment limitation shall apply

24  toward repayment of benefits received in violation of the

25  reemployment limitation.

26         3.  A district school board may reemploy a retired

27  member as an a substitute or hourly teacher, education

28  paraprofessional, transportation assistant, bus driver, or

29  food service worker on a noncontractual basis after he or she

30  has been retired for 1 calendar month, in accordance with s.

31  121.021(39). A district school board may reemploy a retired

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1  member as instructional personnel as defined in s.

 2  1012.01(2)(a) or as a school-based school administrator as

 3  defined in s. 1012.01(3)(c), on an annual contractual basis,

 4  after he or she has been retired for 1 calendar month, in

 5  accordance with s. 121.021(39). Any retired member who is

 6  reemployed within 1 calendar month after retirement shall void

 7  his or her application for retirement benefits. District

 8  school boards reemploying such teachers, education

 9  paraprofessionals, transportation assistants, bus drivers, or

10  food service workers are subject to the retirement

11  contribution required by subparagraph 7. Reemployment of a

12  retired member as a substitute or hourly teacher, education

13  paraprofessional, transportation assistant, bus driver, or

14  food service worker is limited to 780 hours during the first

15  12 months of his or her retirement. Any retired member

16  reemployed for more than 780 hours during his or her first 12

17  months of retirement shall give timely notice in writing to

18  the employer and to the division of the date he or she will

19  exceed the limitation. The division shall suspend his or her

20  retirement benefits for the remainder of the first 12 months

21  of retirement. Any person employed in violation of this

22  subparagraph and any employing agency which knowingly employs

23  or appoints such person without notifying the Division of

24  Retirement to suspend retirement benefits shall be jointly and

25  severally liable for reimbursement to the retirement trust

26  fund of any benefits paid during the reemployment limitation

27  period. To avoid liability, such employing agency shall have a

28  written statement from the retiree that he or she is not

29  retired from a state-administered retirement system. Any

30  retirement benefits received by a retired member while

31  reemployed in excess of 780 hours during the first 12 months

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1  of retirement shall be repaid to the Retirement System Trust

 2  Fund, and his or her retirement benefits shall remain

 3  suspended until repayment is made. Benefits suspended beyond

 4  the end of the retired member's first 12 months of retirement

 5  shall apply toward repayment of benefits received in violation

 6  of the 780-hour reemployment limitation.

 7         4.  A community college board of trustees may reemploy

 8  a retired member as an adjunct instructor, that is, an

 9  instructor who is noncontractual and part-time, or as a

10  participant in a phased retirement program within the Florida

11  Community College System, after he or she has been retired for

12  1 calendar month, in accordance with s. 121.021(39). Any

13  retired member who is reemployed within 1 calendar month after

14  retirement shall void his or her application for retirement

15  benefits. Boards of trustees reemploying such instructors are

16  subject to the retirement contribution required in

17  subparagraph 7. A retired member may be reemployed as an

18  adjunct instructor for no more than 780 hours during the first

19  12 months of retirement. Any retired member reemployed for

20  more than 780 hours during the first 12 months of retirement

21  shall give timely notice in writing to the employer and to the

22  division of the date he or she will exceed the limitation. The

23  division shall suspend his or her retirement benefits for the

24  remainder of the first 12 months of retirement. Any person

25  employed in violation of this subparagraph and any employing

26  agency which knowingly employs or appoints such person without

27  notifying the Division of Retirement to suspend retirement

28  benefits shall be jointly and severally liable for

29  reimbursement to the retirement trust fund of any benefits

30  paid during the reemployment limitation period. To avoid

31  liability, such employing agency shall have a written

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1  statement from the retiree that he or she is not retired from

 2  a state-administered retirement system. Any retirement

 3  benefits received by a retired member while reemployed in

 4  excess of 780 hours during the first 12 months of retirement

 5  shall be repaid to the Retirement System Trust Fund, and

 6  retirement benefits shall remain suspended until repayment is

 7  made. Benefits suspended beyond the end of the retired

 8  member's first 12 months of retirement shall apply toward

 9  repayment of benefits received in violation of the 780-hour

10  reemployment limitation.

11         5.  The State University System may reemploy a retired

12  member as an adjunct faculty member or as a participant in a

13  phased retirement program within the State University System

14  after the retired member has been retired for 1 calendar

15  month, in accordance with s. 121.021(39). Any retired member

16  who is reemployed within 1 calendar month after retirement

17  shall void his or her application for retirement benefits. The

18  State University System is subject to the retired contribution

19  required in subparagraph 7., as appropriate. A retired member

20  may be reemployed as an adjunct faculty member or a

21  participant in a phased retirement program for no more than

22  780 hours during the first 12 months of his or her retirement.

23  Any retired member reemployed for more than 780 hours during

24  the first 12 months of retirement shall give timely notice in

25  writing to the employer and to the division of the date he or

26  she will exceed the limitation. The division shall suspend his

27  or her retirement benefits for the remainder of the first 12

28  months of retirement. Any person employed in violation of this

29  subparagraph and any employing agency which knowingly employs

30  or appoints such person without notifying the Division of

31  Retirement to suspend retirement benefits shall be jointly and

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1  severally liable for reimbursement to the retirement trust

 2  fund of any benefits paid during the reemployment limitation

 3  period. To avoid liability, such employing agency shall have a

 4  written statement from the retiree that he or she is not

 5  retired from a state-administered retirement system. Any

 6  retirement benefits received by a retired member while

 7  reemployed in excess of 780 hours during the first 12 months

 8  of retirement shall be repaid to the Retirement System Trust

 9  Fund, and retirement benefits shall remain suspended until

10  repayment is made. Benefits suspended beyond the end of the

11  retired member's first 12 months of retirement shall apply

12  toward repayment of benefits received in violation of the

13  780-hour reemployment limitation.

14         6.  The Board of Trustees of the Florida School for the

15  Deaf and the Blind may reemploy a retired member as a

16  substitute teacher, substitute residential instructor, or

17  substitute nurse on a noncontractual basis after he or she has

18  been retired for 1 calendar month, in accordance with s.

19  121.021(39). Any retired member who is reemployed within 1

20  calendar month after retirement shall void his or her

21  application for retirement benefits. The Board of Trustees of

22  the Florida School for the Deaf and the Blind reemploying such

23  teachers, residential instructors, or nurses is subject to the

24  retirement contribution required by subparagraph 7.

25  Reemployment of a retired member as a substitute teacher,

26  substitute residential instructor, or substitute nurse is

27  limited to 780 hours during the first 12 months of his or her

28  retirement. Any retired member reemployed for more than 780

29  hours during the first 12 months of retirement shall give

30  timely notice in writing to the employer and to the division

31  of the date he or she will exceed the limitation. The division

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1  shall suspend his or her retirement benefits for the remainder

 2  of the first 12 months of retirement. Any person employed in

 3  violation of this subparagraph and any employing agency which

 4  knowingly employs or appoints such person without notifying

 5  the Division of Retirement to suspend retirement benefits

 6  shall be jointly and severally liable for reimbursement to the

 7  retirement trust fund of any benefits paid during the

 8  reemployment limitation period. To avoid liability, such

 9  employing agency shall have a written statement from the

10  retiree that he or she is not retired from a

11  state-administered retirement system. Any retirement benefits

12  received by a retired member while reemployed in excess of 780

13  hours during the first 12 months of retirement shall be repaid

14  to the Retirement System Trust Fund, and his or her retirement

15  benefits shall remain suspended until payment is made.

16  Benefits suspended beyond the end of the retired member's

17  first 12 months of retirement shall apply toward repayment of

18  benefits received in violation of the 780-hour reemployment

19  limitation.

20         7.  The employment by an employer of any retiree or

21  DROP participant of any state-administered retirement system

22  shall have no effect on the average final compensation or

23  years of creditable service of the retiree or DROP

24  participant. Prior to July 1, 1991, upon employment of any

25  person, other than an elected officer as provided in s.

26  121.053, who has been retired under any state-administered

27  retirement program, the employer shall pay retirement

28  contributions in an amount equal to the unfunded actuarial

29  liability portion of the employer contribution which would be

30  required for regular members of the Florida Retirement System.

31  Effective July 1, 1991, contributions shall be made as

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1  provided in s. 121.122 for retirees with renewed membership or

 2  subsection (13) with respect to DROP participants.

 3         8.  Any person who has previously retired and who is

 4  holding an elective public office or an appointment to an

 5  elective public office eligible for the Elected Officers'

 6  Class on or after July 1, 1990, shall be enrolled in the

 7  Florida Retirement System as provided in s. 121.053(1)(b) or,

 8  if holding an elective public office that does not qualify for

 9  the Elected Officers' Class on or after July 1, 1991, shall be

10  enrolled in the Florida Retirement System as provided in s.

11  121.122, and shall continue to receive retirement benefits as

12  well as compensation for the elected officer's service for as

13  long as he or she remains in elective office. However, any

14  retired member who served in an elective office prior to July

15  1, 1990, suspended his or her retirement benefit, and had his

16  or her Florida Retirement System membership reinstated shall,

17  upon retirement from such office, have his or her retirement

18  benefit recalculated to include the additional service and

19  compensation earned.

20         9.  Any person who is holding an elective public office

21  which is covered by the Florida Retirement System and who is

22  concurrently employed in nonelected covered employment may

23  elect to retire while continuing employment in the elective

24  public office, provided that he or she shall be required to

25  terminate his or her nonelected covered employment. Any person

26  who exercises this election shall receive his or her

27  retirement benefits in addition to the compensation of the

28  elective office without regard to the time limitations

29  otherwise provided in this subsection. No person who seeks to

30  exercise the provisions of this subparagraph, as the same

31  existed prior to May 3, 1984, shall be deemed to be retired

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1  under those provisions, unless such person is eligible to

 2  retire under the provisions of this subparagraph, as amended

 3  by chapter 84-11, Laws of Florida.

 4         10.  The limitations of this paragraph apply to

 5  reemployment in any capacity with an "employer" as defined in

 6  s. 121.021(10), irrespective of the category of funds from

 7  which the person is compensated.

 8         11.  An employing agency may reemploy a retired member

 9  as a firefighter or paramedic after the retired member has

10  been retired for 1 calendar month, in accordance with s.

11  121.021(39). Any retired member who is reemployed within 1

12  calendar month after retirement shall void his or her

13  application for retirement benefits. The employing agency

14  reemploying such firefighter or paramedic is subject to the

15  retired contribution required in subparagraph 8. Reemployment

16  of a retired firefighter or paramedic is limited to no more

17  than 780 hours during the first 12 months of his or her

18  retirement. Any retired member reemployed for more than 780

19  hours during the first 12 months of retirement shall give

20  timely notice in writing to the employer and to the division

21  of the date he or she will exceed the limitation. The division

22  shall suspend his or her retirement benefits for the remainder

23  of the first 12 months of retirement. Any person employed in

24  violation of this subparagraph and any employing agency which

25  knowingly employs or appoints such person without notifying

26  the Division of Retirement to suspend retirement benefits

27  shall be jointly and severally liable for reimbursement to the

28  Retirement System Trust Fund of any benefits paid during the

29  reemployment limitation period. To avoid liability, such

30  employing agency shall have a written statement from the

31  retiree that he or she is not retired from a

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1  state-administered retirement system. Any retirement benefits

 2  received by a retired member while reemployed in excess of 780

 3  hours during the first 12 months of retirement shall be repaid

 4  to the Retirement System Trust Fund, and retirement benefits

 5  shall remain suspended until repayment is made. Benefits

 6  suspended beyond the end of the retired member's first 12

 7  months of retirement shall apply toward repayment of benefits

 8  received in violation of the 780-hour reemployment limitation.

 9         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

10  and subject to the provisions of this section, the Deferred

11  Retirement Option Program, hereinafter referred to as the

12  DROP, is a program under which an eligible member of the

13  Florida Retirement System may elect to participate, deferring

14  receipt of retirement benefits while continuing employment

15  with his or her Florida Retirement System employer. The

16  deferred monthly benefits shall accrue in the System Trust

17  Fund on behalf of the participant, plus interest compounded

18  monthly, for the specified period of the DROP participation,

19  as provided in paragraph (c). Upon termination of employment,

20  the participant shall receive the total DROP benefits and

21  begin to receive the previously determined normal retirement

22  benefits. Participation in the DROP does not guarantee

23  employment for the specified period of DROP.

24         (a)  Eligibility of member to participate in the

25  DROP.--All active Florida Retirement System members in a

26  regularly established position, and all active members of

27  either the Teachers' Retirement System established in chapter

28  238 or the State and County Officers' and Employees'

29  Retirement System established in chapter 122 which systems are

30  consolidated within the Florida Retirement System under s.

31  

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1  121.011, are eligible to elect participation in the DROP

 2  provided that:

 3         1.  The member is not a renewed member of the Florida

 4  Retirement System under s. 121.122, or a member of the State

 5  Community College System Optional Retirement Program under s.

 6  121.051, the Senior Management Service Optional Annuity

 7  Program under s. 121.055, or the optional retirement program

 8  for the State University System under s. 121.35.

 9         2.  Except as provided in subparagraph 6., election to

10  participate is made within 12 months immediately following the

11  date on which the member first reaches normal retirement date,

12  or, for a member who reaches normal retirement date based on

13  service before he or she reaches age 62, or age 55 for Special

14  Risk Class members, election to participate may be deferred to

15  the 12 months immediately following the date the member

16  attains 57, or age 52 for Special Risk Class members. For a

17  member who first reached normal retirement date or the

18  deferred eligibility date described above prior to the

19  effective date of this section, election to participate shall

20  be made within 12 months after the effective date of this

21  section. A member who fails to make an election within such

22  12-month limitation period shall forfeit all rights to

23  participate in the DROP. The member shall advise his or her

24  employer and the division in writing of the date on which the

25  DROP shall begin. Such beginning date may be subsequent to the

26  12-month election period, but must be within the 60-month

27  limitation period as provided in subparagraph (b)1. When

28  establishing eligibility of the member to participate in the

29  DROP for the 60-month maximum participation period, the member

30  may elect to include or exclude any optional service credit

31  purchased by the member from the total service used to

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1  establish the normal retirement date. A member with dual

 2  normal retirement dates shall be eligible to elect to

 3  participate in DROP within 12 months after attaining normal

 4  retirement date in either class.

 5         3.  The employer of a member electing to participate in

 6  the DROP, or employers if dually employed, shall acknowledge

 7  in writing to the division the date the member's participation

 8  in the DROP begins and the date the member's employment and

 9  DROP participation will terminate.

10         4.  Simultaneous employment of a participant by

11  additional Florida Retirement System employers subsequent to

12  the commencement of participation in the DROP shall be

13  permissible provided such employers acknowledge in writing a

14  DROP termination date no later than the participant's existing

15  termination date or the 60-month limitation period as provided

16  in subparagraph (b)1.

17         5.  A DROP participant may change employers while

18  participating in the DROP, subject to the following:

19         a.  A change of employment must take place without a

20  break in service so that the member receives salary for each

21  month of continuous DROP participation. If a member receives

22  no salary during a month, DROP participation shall cease

23  unless the employer verifies a continuation of the employment

24  relationship for such participant pursuant to s.

25  121.021(39)(b).

26         b.  Such participant and new employer shall notify the

27  division on forms required by the division as to the identity

28  of the new employer.

29         c.  The new employer shall acknowledge, in writing, the

30  participant's DROP termination date, which may be extended but

31  not beyond the original 60-month period provided in

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1  subparagraph (b)1., shall acknowledge liability for any

 2  additional retirement contributions and interest required if

 3  the participant fails to timely terminate employment, and

 4  shall be subject to the adjustment required in

 5  sub-subparagraph (c)5.d.

 6         6.  Effective July 1, 2003 2001, for instructional

 7  personnel as defined in s. 1012.01(2) and school-based school

 8  administrators as defined in s. 1012.01(3)(c), election to

 9  participate in the DROP shall be made at any time following

10  the date on which the member completes 25 years of service as

11  a public school member of the Florida Retirement System first

12  reaches normal retirement date. The member shall advise his or

13  her employer and the division in writing of the date on which

14  the Deferred Retirement Option Program shall begin.

15  Notwithstanding any other provision of this subsection,

16  instructional personnel and school-based school administrators

17  may continue to participate in the DROP beyond the 60-month

18  maximum participation period, as provided in subparagraph

19  (b)1., with the written consent of the employing district

20  school board. When establishing eligibility of the member to

21  participate in the DROP for the 60-month maximum participation

22  period, as provided in subparagraph (b)1., The member may

23  elect to include or exclude any optional service credit

24  purchased by the member from the total service used to

25  establish the normal retirement date. A member with dual

26  normal retirement dates shall be eligible to elect to

27  participate in either class.

28         Section 3.  It is the intent of the Legislature that

29  costs attributable to benefit increases for Regular Class

30  public school members shall be funded by recognition of lump

31  

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1  sums from the excess actuarial assets of the Florida

 2  Retirement System Trust Fund as follows:

 3         (1)  For fiscal year 2003-2004, the lump sum to be

 4  recognized shall be the lesser of:

 5         (a)  The amount available under the rate stabilization

 6  mechanism described in section 121.031, Florida Statutes; or

 7         (b)  The amount needed to pay the annual cost

 8  attributable to the increased benefit accrual rate for public

 9  school members. The annual cost shall consist of the increase

10  in normal cost for public school members plus payment of the

11  30-year amortization amount of the increase in the actuarial

12  accrued liability attributable to the increase, equal to 2.51

13  percent of the public school member payroll or $212 million

14  for fiscal year 2003-2004.

15  

16  If, after the recognition of excess actuarial assets pursuant

17  to this subsection, there remains an unfunded cost, the

18  contribution rate applicable to public school members shall be

19  increased by the difference between the annual cost and the

20  amount provided by the excess actuarial assets, unless the

21  Legislature provides an alternative funding mechanism.

22         (2)  For fiscal years 2004-2005 and thereafter, the

23  Legislature shall, as provided in subsection (1), continue to

24  fund on an ongoing basis the annual cost attributable to the

25  formula improvements.

26         Section 4.  The Division of Retirement shall conduct an

27  actuarial analysis of the effect of authorizing personnel

28  classified pursuant to section 1012.01(2)(a) or (3)(c),

29  Florida Statutes, to transfer retirement benefits accrued

30  through the defined benefit component of the Florida

31  Retirement System to out-of-state governmental entities, as

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1  well as the effect of authorizing such personnel to transfer

 2  retirement benefits from out-of-state governmental entities to

 3  the defined benefit component or the defined contribution

 4  component, or both, of the Florida Retirement System. The

 5  analysis shall include recommendations for statutory revision

 6  to enable reciprocal transfer of retirement benefits, if

 7  deemed to be feasible. The analysis must be transmitted to the

 8  President of the Senate, the Speaker of the House of

 9  Representatives, and the majority and minority leaders of the

10  Senate and the House of Representatives on or before December

11  31, 2003.

12         Section 5.  Subsection (11) of section 1001.43, Florida

13  Statutes, is amended to read:

14         1001.43  Supplemental powers and duties of district

15  school board.--The district school board may exercise the

16  following supplemental powers and duties as authorized by this

17  code or State Board of Education rule.

18         (11)  PERSONNEL.--The district school board may adopt

19  policies and procedures necessary for the management of all

20  personnel of the school system. The district school board may

21  adopt policies for the provision of comprehensive benefit

22  packages to personnel of the district school system.

23         Section 6.  Subsection (1) of section 1012.27, Florida

24  Statutes, is amended to read:

25         1012.27  Public school personnel; powers and duties of

26  district school superintendent.--The district school

27  superintendent shall be responsible, as required herein, for

28  directing the work of the personnel, subject to the

29  requirements of this chapter, and in addition the district

30  school superintendent shall have the following duties:

31         (1)  POSITIONS, QUALIFICATIONS, AND NOMINATIONS.--

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    4-590-03                                            See HB 265




 1         (a)  Recommend to the district school board duties and

 2  responsibilities which need to be performed and positions

 3  which need to be filled to make possible the development of an

 4  adequate school program in the district.

 5         (b)  Recommend minimum qualifications of personnel for

 6  these various positions, and nominate in writing persons to

 7  fill such positions.

 8  

 9  The district school superintendent's recommendations for

10  filling instructional positions at the school level must

11  consider nominations received from school principals of the

12  respective schools. Before transferring a teacher who holds a

13  professional teaching certificate from one school to another,

14  the district school superintendent shall consult with the

15  principal of the receiving school and allow the principal to

16  review the teacher's records and interview the teacher. If, in

17  the judgment of the principal, students would not benefit from

18  the placement, an alternative placement may be sought. A

19  district school superintendent may recommend district school

20  board reappointment of instructional personnel who do not meet

21  the requirements of s. 1012.56(3).  Such recommendation must

22  be limited to instructional personnel whose students

23  demonstrate annual learning gains toward achieving the

24  Sunshine State Standards appropriate for the student's grade

25  level, who maintain appropriate classroom discipline, who

26  demonstrate adequate subject matter knowledge, who

27  successfully plan and deliver instruction that incorporates

28  the appropriate use of technology, who successfully evaluate

29  student instructional needs, and who foster positive

30  collaborative relationships with students' families to

31  increase the respective student's achievement.

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    Florida Senate - 2003                                  SB 1380
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 1         Section 7.  Subsection (6) of section 1012.56, Florida

 2  Statutes, is amended to read:

 3         1012.56  Educator certification requirements.--

 4         (6)  TYPES AND TERMS OF CERTIFICATION.--

 5         (a)  The Department of Education shall issue a

 6  professional certificate for a period not to exceed 5 years to

 7  any applicant who meets all the requirements outlined in

 8  subsection (2).

 9         (b)  The department shall issue a temporary certificate

10  to any applicant who completes the requirements outlined in

11  paragraphs (2)(a)-(f) and completes the subject area content

12  requirements specified in state board rule or demonstrates

13  mastery of subject area knowledge pursuant to subsection (4)

14  and holds an accredited degree or a degree approved by the

15  Department of Education at the level required for the subject

16  area specialization in state board rule.

17         (c)  The department shall issue one nonrenewable 2-year

18  temporary certificate and one nonrenewable 5-year professional

19  certificate to a qualified applicant who holds a bachelor's

20  degree in the area of speech-language impairment to allow for

21  completion of a master's degree program in speech-language

22  impairment.

23  

24  Each temporary certificate is valid for 3 school fiscal years

25  and is nonrenewable. However, the requirement in paragraph

26  (2)(g) must be met within 1 calendar year of the date of

27  employment under the temporary certificate. Individuals who

28  are employed under contract at the end of the 1 calendar year

29  time period may continue to be employed through the end of the

30  school year in which they have been contracted. A school

31  district shall not employ, or continue the employment of, an

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1  individual in a position for which a temporary certificate is

 2  required beyond this time period if the individual has not met

 3  the requirement of paragraph (2)(g). The State Board of

 4  Education shall adopt rules to allow the department to extend

 5  the validity period of a temporary certificate for 2 years

 6  when the requirements for the professional certificate, not

 7  including the requirement in paragraph (2)(g), were not

 8  completed due to the serious illness or injury of the

 9  applicant or other extraordinary extenuating circumstances.

10  The department shall reissue the temporary certificate for 2

11  additional years upon approval by the Commissioner of

12  Education. A written request for reissuance of the certificate

13  shall be submitted by the district school superintendent, the

14  governing authority of a university lab school, the governing

15  authority of a state-supported school, or the governing

16  authority of a private school.

17         Section 8.  Section 1012.597, Florida Statutes, is

18  created to read:

19         1012.597  Executive leadership certification for school

20  principals.--The State Board of Education must adopt rules

21  through which school principals and assistant principals may

22  earn executive leadership certification. The foundation for

23  such certification must derive from performance on a statewide

24  leadership assessment instrument, customer satisfaction

25  inventories, and student achievement indicators.

26  Certification, including the statewide leadership assessment

27  instrument, must be developed in conjunction with school

28  principals, district school superintendents, and district

29  school board members. The State Board of Education must

30  designate incentives available to personnel who earn executive

31  leadership certification, including, but not limited to, merit

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1  pay, expanded discretionary spending flexibility, relaxed

 2  regulation or reporting requirements, additional professional

 3  development resources, and public recognition.

 4         Section 9.  Paragraph (a) of subsection (2) of section

 5  1012.61, Florida Statutes, is amended to read:

 6         1012.61  Sick leave.--

 7         (2)  PROVISIONS GOVERNING SICK LEAVE.--The following

 8  provisions shall govern sick leave:

 9         (a)  Extent of leave.--

10         1.  Each member of the instructional staff employed on

11  a full-time basis is entitled to 4 days of sick leave as of

12  the first day of employment of each contract year and shall

13  thereafter earn 1 day of sick leave for each month of

14  employment, which shall be credited to the member at the end

15  of that month and which may not be used before it is earned

16  and credited to the member. Each other employee shall be

17  credited with 4 days of sick leave at the end of the first

18  month of employment of each contract year and shall thereafter

19  be credited for 1 day of sick leave for each month of

20  employment, which shall be credited to the employee at the end

21  of the month and which may not be used before it is earned and

22  credited to the employee. However, each member of the

23  instructional staff and each other employee is entitled to

24  earn no more than 1 day of sick leave times the number of

25  months of employment during the year of employment. If the

26  employee terminates his or her employment and has not accrued

27  the 4 days of sick leave available to him or her, the district

28  school board may withhold the average daily amount for the

29  days of sick leave used but unearned by the employee. Such

30  leave may be taken only when necessary because of sickness as

31  prescribed in this section. The sick leave shall be cumulative

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1  from year to year. There shall be no limit on the number of

 2  days of sick leave which a member of the instructional staff

 3  or an educational support employee may accrue, except that at

 4  least one-half of this cumulative leave must be established

 5  within the district granting such leave.

 6         2.  A district school board may establish policies and

 7  prescribe standards to permit an employee to be absent 6 days

 8  each school year for personal reasons. However, such absences

 9  for personal reasons must be charged only to accrued sick

10  leave, and leave for personal reasons is noncumulative.

11         3.  District school boards may adopt rules permitting

12  the annual payment for accumulated sick leave that is earned

13  for that year and that is unused at the end of the school

14  year, based on the daily rate of pay of the employee

15  multiplied by up to 80 percent. Days for which such payment is

16  received shall be deducted from the accumulated leave balance.

17  Such annual payment may apply only to instructional staff and

18  educational support employees.

19         4.  A district school board may establish policies to

20  provide terminal pay for accumulated sick leave to

21  instructional staff and educational support employees of the

22  district school board. If termination of employment is by

23  death of the employee, any terminal pay to which the employee

24  may have been entitled may be made to his or her beneficiary.

25  However, such terminal pay may not exceed an amount determined

26  as follows:

27         a.  During the first 3 years of service, the daily rate

28  of pay multiplied by 35 percent times the number of days of

29  accumulated sick leave.

30  

31  

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1         b.  During the next 3 years of service, the daily rate

 2  of pay multiplied by 40 percent times the number of days of

 3  accumulated sick leave.

 4         c.  During the next 3 years of service, the daily rate

 5  of pay multiplied by 45 percent times the number of days of

 6  accumulated sick leave.

 7         d.  During the next 3 years of service, the daily rate

 8  of pay multiplied by 50 percent times the number of days of

 9  accumulated sick leave.

10         e.  During and after the 13th year of service, the

11  daily rate of pay multiplied by 100 percent times the number

12  of days of accumulated sick leave.

13         5.  A district school board may establish policies to

14  provide terminal pay for accumulated sick leave to any

15  full-time employee of the district school board other than

16  instructional staff or educational support employees as

17  defined in this section. If termination of the employee is by

18  death of the employee, any terminal pay to which the employee

19  may have been entitled may be made to the employee's

20  beneficiary.

21         a.  Terminal pay may not exceed one-fourth of all

22  unused sick leave accumulated on or after July 1, 2001, and

23  may not exceed a maximum of 60 days of actual payment. This

24  limit does not impair any contractual agreement established

25  before July 1, 2001; however, a previously established

26  contract renewed on or after July 1, 2001, constitutes a new

27  contract.

28         b.  For unused sick leave accumulated before July 1,

29  2001, terminal payment shall be made pursuant to a district

30  school board's policies, contracts, or rules that are in

31  effect on June 30, 2001.

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1         c.  If an employee has an accumulated sick leave

 2  balance of 60 days of actual payment or more prior to July 1,

 3  2001, sick leave earned after that date may not be accumulated

 4  for terminal pay purposes until the accumulated leave balance

 5  for leave earned before July 1, 2001, is less than 60 days. 

 6         Section 10.  Section 1012.987, Florida Statutes, is

 7  created to read:

 8         1012.987  Professional development for school

 9  administrators.--The Department of Education must develop a

10  comprehensive, statewide program of continuing education for

11  school administrators. Such professional development program

12  must be available to school administrators through

13  professional development conferences and workshops, distance

14  instruction, mentorship activities with school administrators

15  who have earned executive leadership certification, and

16  approved postsecondary instruction. The professional

17  development program must include information related to best

18  administrative practices, the implications of statewide

19  initiatives for school administrators, resources available to

20  school administrators for the diagnosis of school performance

21  and corresponding strategic planning, and other issues

22  recommended by school principals and district school

23  superintendents. The Secretary of Education must establish an

24  advisory council composed primarily of school principals and

25  assistant principals representing elementary schools, middle

26  or junior high schools, and high schools to make

27  recommendations regarding the content and delivery of the

28  professional development program for school administrators.

29  The Secretary of Education must annually recommend specific

30  funding to implement statewide professional development for

31  school administrators.

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    Florida Senate - 2003                                  SB 1380
    4-590-03                                            See HB 265




 1         Section 11.  This act shall take effect July 1, 2003.

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