HB 0247 2003
1	CHAMBER ACTION
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6	The Committee on Education K-20 recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to public school personnel; amending s.
12	1012.61, F.S.; deleting restriction that permits annual
13	payment for accumulated sick leave only to instructional
14	staff and educational support employees; revising
15	restrictions regarding terminal pay for accumulated sick
16	leave to employees other than instructional staff or
17	educational support employees; providing an effective
18	date.
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20	Be It Enacted by the Legislature of the State of Florida:
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22	Section 1. Paragraph (a) of subsection (2) of section
23	1012.61, Florida Statutes, is amended to read:
24	1012.61 Sick leave.--
25	(2) PROVISIONS GOVERNING SICK LEAVE.--The following
26	provisions shall govern sick leave:
27	(a) Extent of leave.--
28	1. Each member of the instructional staff employed on a
29	full-time basis is entitled to 4 days of sick leave as of the
30	first day of employment of each contract year and shall
31	thereafter earn 1 day of sick leave for each month of
32	employment, which shall be credited to the member at the end of
33	that month and which may not be used before it is earned and
34	credited to the member. Each other employee shall be credited
35	with 4 days of sick leave at the end of the first month of
36	employment of each contract year and shall thereafter be
37	credited for 1 day of sick leave for each month of employment,
38	which shall be credited to the employee at the end of the month
39	and which may not be used before it is earned and credited to
40	the employee. However, each member of the instructional staff
41	and each other employee is entitled to earn no more than 1 day
42	of sick leave times the number of months of employment during
43	the year of employment. If the employee terminates his or her
44	employment and has not accrued the 4 days of sick leave
45	available to him or her, the district school board may withhold
46	the average daily amount for the days of sick leave used but
47	unearned by the employee. Such leave may be taken only when
48	necessary because of sickness as prescribed in this section. The
49	sick leave shall be cumulative from year to year. There shall be
50	no limit on the number of days of sick leave which a member of
51	the instructional staff or an educational support employee may
52	accrue, except that at least one-half of this cumulative leave
53	must be established within the district granting such leave.
54	2. A district school board may establish policies and
55	prescribe standards to permit an employee to be absent 6 days
56	each school year for personal reasons. However, such absences
57	for personal reasons must be charged only to accrued sick leave,
58	and leave for personal reasons is noncumulative.
59	3. District school boards may adopt rules permitting the
60	annual payment for accumulated sick leave that is earned for
61	that year and that is unused at the end of the school year,
62	based on the daily rate of pay of the employee multiplied by up
63	to 80 percent. Days for which such payment is received shall be
64	deducted from the accumulated leave balance. Such annual payment
65	may apply only to instructional staff and educational support
66	employees.
67	4. A district school board may establish policies to
68	provide terminal pay for accumulated sick leave to instructional
69	staff and educational support employees of the district school
70	board. If termination of employment is by death of the employee,
71	any terminal pay to which the employee may have been entitled
72	may be made to his or her beneficiary. However, such terminal
73	pay may not exceed an amount determined as follows:
74	a. During the first 3 years of service, the daily rate of
75	pay multiplied by 35 percent times the number of days of
76	accumulated sick leave.
77	b. During the next 3 years of service, the daily rate of
78	pay multiplied by 40 percent times the number of days of
79	accumulated sick leave.
80	c. During the next 3 years of service, the daily rate of
81	pay multiplied by 45 percent times the number of days of
82	accumulated sick leave.
83	d. During the next 3 years of service, the daily rate of
84	pay multiplied by 50 percent times the number of days of
85	accumulated sick leave.
86	e. During and after the 13th year of service, the daily
87	rate of pay multiplied by 100 percent times the number of days
88	of accumulated sick leave.
89	5. A district school board may establish policies to
90	provide terminal pay for accumulated sick leave to any full-time
91	employee of the district school board other than instructional
92	staff or educational support employees as defined in this
93	section. If termination of the employee is by death of the
94	employee, any terminal pay to which the employee may have been
95	entitled may be made to the employee's beneficiary. For terminal
96	pay purposes, sick leave accrued after June 30, 2003, shall be
97	compensated at no more than the daily rate of pay applicable at
98	the time the sick leave was earned.
99	a. Terminal pay may not exceed one-fourth of all unused
100	sick leave accumulated on or after July 1, 2001, and may not
101	exceed a maximum of 60 days of actual payment. This limit does
102	not impair any contractual agreement established before July 1,
103	2001; however, a previously established contract renewed on or
104	after July 1, 2001, constitutes a new contract.
105	b. For unused sick leave accumulated before July 1, 2001,
106	terminal payment shall be made pursuant to a district school
107	board's policies, contracts, or rules that are in effect on June
108	30, 2001.
109	c. If an employee has an accumulated sick leave balance of
110	60 days of actual payment or more prior to July 1, 2001, sick
111	leave earned after that date may not be accumulated for terminal
112	pay purposes until the accumulated leave balance for leave
113	earned before July 1, 2001, is less than 60 days.
114	Section 2. This act shall take effect July 1, 2003.