HB 0265 2003
1	A bill to be entitled
2	An act relating to public school employment; amending s.
3	121.021, F.S.; defining the term “average final
4	compensation” for public school members for purposes of
5	the Florida Retirement System; revising retirement
6	requirements for public school members; defining the term
7	“public school member”; amending s. 121.091, F.S.;
8	revising the normal retirement benefit for public school
9	members; revising the early retirement benefit for public
10	school members; expanding authority for reemploying
11	certain retired public school personnel; revising Deferred
12	Retirement Option Program participation requirements for
13	certain public school personnel; providing legislative
14	intent relating to costs attributable to benefit increases
15	for public school members; requiring the Division of
16	Retirement to conduct an actuarial analysis of reciprocal
17	retirement benefits and report to the Legislature;
18	amending s. 1001.43, F.S.; authorizing district school
19	boards to adopt comprehensive benefit packages for school
20	district personnel; amending s. 1012.27, F.S.; authorizing
21	recommendation for reappointment of certain instructional
22	personnel; amending s. 1012.56, F.S.; revising the time
23	period during which teachers holding a temporary
24	certificate must demonstrate mastery of general knowledge;
25	creating s. 1012.597, F.S.; creating executive leadership
26	certification for school principals; amending s. 1012.61,
27	F.S.; revising provisions relating to payment for sick
28	leave for school district personnel; creating s. 1012.987,
29	F.S.; requiring a statewide professional development
30	program for school administrators; providing an effective
31	date.
32
33	WHEREAS, the Legislature recognizes that there is a
34	shortage of teachers in Florida, and
35	WHEREAS, the Legislature recognizes that to provide a high-
36	quality education to the students in this state, it is necessary
37	to recruit and retain qualified public school instructional
38	personnel and school-based school administrators, and
39	WHEREAS, it is the intent of the Legislature to encourage
40	experienced and caring teachers to remain in the classroom and
41	to attract capable individuals to the education profession, and
42	WHEREAS, it is the intent of the Legislature to provide
43	incentives that are critical to the successful recruitment and
44	retention of talented and effective education leaders, NOW,
45	THEREFORE,
46
47	Be It Enacted by the Legislature of the State of Florida:
48
49	Section 1. Subsection (24) of section 121.021, Florida
50	Statutes, is amended, paragraph (e) is added to subsection (29),
51	and subsection (62) is added to said section, to read:
52	121.021 Definitions.--The following words and phrases as
53	used in this chapter have the respective meanings set forth
54	unless a different meaning is plainly required by the context:
55	(24) "Average final compensation" means the average of the
56	5 highest fiscal years of compensation for creditable service
57	prior to retirement, termination, or death. For in-line-of-duty
58	disability benefits, if less than 5 years of creditable service
59	have been completed, the term "average final compensation" means
60	the average annual compensation of the total number of years of
61	creditable service.With respect to public school members,
62	“average final compensation” means the average of the 3 highest
63	fiscal years of compensation for creditable service prior to
64	retirement, termination, or death. For in-line-of-duty
65	disability benefits, if less than 3 years of creditable service
66	have been completed, the term "average final compensation" means
67	the average annual compensation of the total number of years of
68	creditable service.Each year used in the calculation of average
69	final compensation shall commence on July 1.
70	(a) The average final compensation shall include:
71	1. Accumulated annual leave payments, not to exceed 500
72	hours; and
73	2. All payments defined as compensation in subsection
74	(22).
75	(b) The average final compensation shall not include:
76	1. Compensation paid to professional persons for special
77	or particular services;
78	2. Payments for accumulated sick leave made due to
79	retirement or termination;
80	3. Payments for accumulated annual leave in excess of 500
81	hours;
82	4. Bonuses as defined in subsection (47);
83	5. Third party payments made on and after July 1, 1990; or
84	6. Fringe benefits (for example, automobile allowances or
85	housing allowances).
86	(29) "Normal retirement date" means the first day of any
87	month following the date a member attains one of the following
88	statuses:
89	(e) If a public school member, the member:
90	1. Completes 6 or more years of creditable service as a
91	public school member and attains age 55;
92	2. Completes 25 years of creditable service as a public
93	school member, regardless of age; or
94	3. Completes 25 years of creditable service and attains
95	age 55, which service may include a maximum of 4 years of
96	military service credit as long as such credit is not claimed
97	under any other system and the remaining years are served as a
98	public school member.
99
100	"Normal retirement age" is attained on the "normal retirement
101	date."
102	(62) “Public school member” means a member of the Florida
103	Retirement System Regular Class who is employed by a district
104	school system, a public charter school, or the Florida School
105	for the Deaf and the Blind and who is classified as
106	instructional personnel as defined in s. 1012.01(2) or as a
107	school-based school administrator as defined in s.
108	1012.01(3)(c).
109	Section 2. Subsections (1) and (3), paragraph (b) of
110	subsection (9), and paragraph (a) of subsection (13) of section
111	121.091, Florida Statutes, are amended to read:
112	121.091 Benefits payable under the system.--Benefits may
113	not be paid under this section unless the member has terminated
114	employment as provided in s. 121.021(39)(a) or begun
115	participation in the Deferred Retirement Option Program as
116	provided in subsection (13), and a proper application has been
117	filed in the manner prescribed by the department. The department
118	may cancel an application for retirement benefits when the
119	member or beneficiary fails to timely provide the information
120	and documents required by this chapter and the department's
121	rules. The department shall adopt rules establishing procedures
122	for application for retirement benefits and for the cancellation
123	of such application when the required information or documents
124	are not received.
125	(1) NORMAL RETIREMENT BENEFIT.--Upon attaining his or her
126	normal retirement date, the member, upon application to the
127	administrator, shall receive a monthly benefit which shall begin
128	to accrue on the first day of the month of retirement and be
129	payable on the last day of that month and each month thereafter
130	during his or her lifetime. The normal retirement benefit,
131	including any past or additional retirement credit, may not
132	exceed 100 percent of the average final compensation. The amount
133	of monthly benefit shall be calculated as the product of A and
134	B, subject to the adjustment of C, if applicable, as set forth
135	below:
136	(a)1.a.For creditable years of Regular Class service, A
137	is 1.60 percent of the member's average final compensation, up
138	to the member's normal retirement date. Upon completion of the
139	first year after the normal retirement date, A is 1.63 percent
140	of the member's average final compensation. Following the second
141	year after the normal retirement date, A is 1.65 percent of the
142	member's average final compensation. Following the third year
143	after the normal retirement date, and for subsequent years, A is
144	1.68 percent of the member's average final compensation.
145	b. For creditable years of Regular Class service, public
146	school members shall have A determined under the provisions of
147	sub-subparagraph 1.a. for service up to the “applicability
148	date,” and for service earned after the “applicability date,” A
149	is 1.60 percent of the member’s average final compensation for
150	the first 6 years of public school service, A is 1.73 percent of
151	the member’s average final compensation for the second 6 years
152	of public school service, A is 1.86 percent of the member’s
153	average final compensation for the third 6 years of public
154	school service, and A is 2 percent of the member’s average final
155	compensation for 19 or more years of public school service. As
156	used in this sub-subparagraph, the term “applicability date”
157	means July 1, 2003, adjusted as follows: for each year of
158	creditable service as a public school member earned after the
159	applicability date, 2 years will be subtracted from the
160	applicability date up to a maximum of 18 years.
161	2. For creditable years of special risk service, A is:
162	a. Two percent of the member's average final compensation
163	for all creditable years prior to October 1, 1974;
164	b. Three percent of the member's average final
165	compensation for all creditable years after September 30, 1974,
166	and before October 1, 1978;
167	c. Two percent of the member's average final compensation
168	for all creditable years after September 30, 1978, and before
169	January 1, 1989;
170	d. Two and two-tenths percent of the member's final
171	monthly compensation for all creditable years after December 31,
172	1988, and before January 1, 1990;
173	e. Two and four-tenths percent of the member's average
174	final compensation for all creditable years after December 31,
175	1989, and before January 1, 1991;
176	f. Two and six-tenths percent of the member's average
177	final compensation for all creditable years after December 31,
178	1990, and before January 1, 1992;
179	g. Two and eight-tenths percent of the member's average
180	final compensation for all creditable years after December 31,
181	1991, and before January 1, 1993;
182	h. Three percent of the member's average final
183	compensation for all creditable years after December 31, 1992;
184	and
185	i. Three percent of the member's average final
186	compensation for all creditable years of service after September
187	30, 1978, and before January 1, 1993, for any special risk
188	member who retires after July 1, 2000, or any member of the
189	Special Risk Administrative Support Class entitled to retain the
190	special risk normal retirement date who was a member of the
191	Special Risk Class during the time period and who retires after
192	July 1, 2000.
193	3. For creditable years of Senior Management Service Class
194	service after January 31, 1987, A is 2 percent;
195	4. For creditable years of Elected Officers' Class service
196	as a Supreme Court Justice, district court of appeal judge,
197	circuit judge, or county court judge, A is 31/3 percent of the
198	member's average final compensation, and for all other
199	creditable service in such class, A is 3 percent of average
200	final compensation;
201	(b) B is the number of the member's years and any
202	fractional part of a year of creditable service earned
203	subsequent to November 30, 1970; and
204	(c) C is the normal retirement benefit credit brought
205	forward as of November 30, 1970, by a former member of an
206	existing system. Such normal retirement benefit credit shall be
207	determined as the product of X and Y when X is the percentage of
208	average final compensation which the member would have been
209	eligible to receive if the member had attained his or her normal
210	retirement date as of November 30, 1970, all in accordance with
211	the existing system under which the member is covered on
212	November 30, 1970, and Y is average final compensation as
213	defined in s. 121.021(25). However, any member of an existing
214	retirement system who is eligible to retire and who does retire,
215	become disabled, or die prior to April 15, 1971, may have his or
216	her retirement benefits calculated on the basis of the best 5 of
217	the last 10 years of service.
218	(d) A member's average final compensation shall be
219	determined by formula to obtain the coverage for the 5 highest
220	fiscal years' salaries, calculated as provided by rule.
221	(3) EARLY RETIREMENT BENEFIT.--Upon retirement on his or
222	her early retirement date, the member shall receive an immediate
223	monthly benefit that shall begin to accrue on the first day of
224	the month of the retirement date and be payable on the last day
225	of that month and each month thereafter during his or her
226	lifetime. Such benefit shall be calculated as follows:
227	(a) The amount of each monthly payment shall be computed
228	in the same manner as for a normal retirement benefit, in
229	accordance with subsection (1), but shall be based on the
230	member's average monthly compensation and creditable service as
231	of the member's early retirement date. The benefit so computed
232	shall be reduced by five-twelfths of 1 percent for each complete
233	month by which the early retirement date precedes the normal
234	retirement date of age 62 for a member of the Regular Class,
235	Senior Management Service Class, or the Elected Officers' Class,
236	and age 55 for apublic school member or amember of the Special
237	Risk Class, or age 52 if apublic school member or aSpecial
238	Risk member has completed 25 years of creditable service in
239	accordance with s. 121.021(29)(b)3.
240	(b) If the employment of a member is terminated by reason
241	of death subsequent to the completion of 20 years of creditable
242	service, the monthly benefit payable to the member's beneficiary
243	shall be calculated in accordance with subsection (1), but shall
244	be based on average monthly compensation and creditable service
245	as of the date of death. The benefit so computed shall be
246	reduced by five-twelfths of 1 percent for each complete month by
247	which death precedes the normal retirement date specified above
248	or the date on which the member would have attained 30 years of
249	creditable service had he or she survived and continued his or
250	her employment, whichever provides a higher benefit.
251	(9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
252	(b)1. Any person who is retired under this chapter, except
253	under the disability retirement provisions of subsection (4),
254	may be reemployed by any private or public employer after
255	retirement and receive retirement benefits and compensation from
256	his or her employer without any limitations, except that a
257	person may not receive both a salary from reemployment with any
258	agency participating in the Florida Retirement System and
259	retirement benefits under this chapter for a period of 12 months
260	immediately subsequent to the date of retirement. However, a
261	DROP participant shall continue employment and receive a salary
262	during the period of participation in the Deferred Retirement
263	Option Program, as provided in subsection (13).
264	2. Any person to whom the limitation in subparagraph 1.
265	applies who violates such reemployment limitation and who is
266	reemployed with any agency participating in the Florida
267	Retirement System before completion of the 12-month limitation
268	period shall give timely notice of this fact in writing to the
269	employer and to the division and shall have his or her
270	retirement benefits suspended for the balance of the 12-month
271	limitation period. Any person employed in violation of this
272	paragraph and any employing agency which knowingly employs or
273	appoints such person without notifying the Division of
274	Retirement to suspend retirement benefits shall be jointly and
275	severally liable for reimbursement to the retirement trust fund
276	of any benefits paid during the reemployment limitation period.
277	To avoid liability, such employing agency shall have a written
278	statement from the retiree that he or she is not retired from a
279	state-administered retirement system. Any retirement benefits
280	received while reemployed during this reemployment limitation
281	period shall be repaid to the retirement trust fund, and
282	retirement benefits shall remain suspended until such repayment
283	has been made. Benefits suspended beyond the reemployment
284	limitation shall apply toward repayment of benefits received in
285	violation of the reemployment limitation.
286	3. A district school board may reemploy a retired member
287	asana substitute or hourly teacher,education
288	paraprofessional, transportation assistant, bus driver, or food
289	service worker on a noncontractual basis after he or she has
290	been retired for 1 calendar month, in accordance with s.
291	121.021(39).A district school board may reemploy a retired
292	member as instructional personnel as defined in s. 1012.01(2)(a)
293	or as a school-based school administrator as defined in s.
294	1012.01(3)(c), on an annual contractual basis, after he or she
295	has been retired for 1 calendar month, in accordance with s.
296	121.021(39).Any retired member who is reemployed within 1
297	calendar month after retirement shall void his or her
298	application for retirement benefits. District school boards
299	reemploying such teachers, education paraprofessionals,
300	transportation assistants, bus drivers, or food service workers
301	are subject to the retirement contribution required by
302	subparagraph 7.Reemployment of a retired member as a substitute
303	or hourly teacher, education paraprofessional, transportation
304	assistant, bus driver, or food service worker is limited to 780
305	hours during the first 12 months of his or her retirement. Any
306	retired member reemployed for more than 780 hours during his or
307	her first 12 months of retirement shall give timely notice in
308	writing to the employer and to the division of the date he or
309	she will exceed the limitation. The division shall suspend his
310	or her retirement benefits for the remainder of the first 12
311	months of retirement. Any person employed in violation of this
312	subparagraph and any employing agency which knowingly employs or
313	appoints such person without notifying the Division of
314	Retirement to suspend retirement benefits shall be jointly and
315	severally liable for reimbursement to the retirement trust fund
316	of any benefits paid during the reemployment limitation period.
317	To avoid liability, such employing agency shall have a written
318	statement from the retiree that he or she is not retired from a
319	state-administered retirement system. Any retirement benefits
320	received by a retired member while reemployed in excess of 780
321	hours during the first 12 months of retirement shall be repaid
322	to the Retirement System Trust Fund, and his or her retirement
323	benefits shall remain suspended until repayment is made.
324	Benefits suspended beyond the end of the retired member's first
325	12 months of retirement shall apply toward repayment of benefits
326	received in violation of the 780-hour reemployment limitation.
327	4. A community college board of trustees may reemploy a
328	retired member as an adjunct instructor, that is, an instructor
329	who is noncontractual and part-time, or as a participant in a
330	phased retirement program within the Florida Community College
331	System, after he or she has been retired for 1 calendar month,
332	in accordance with s. 121.021(39). Any retired member who is
333	reemployed within 1 calendar month after retirement shall void
334	his or her application for retirement benefits. Boards of
335	trustees reemploying such instructors are subject to the
336	retirement contribution required in subparagraph 7. A retired
337	member may be reemployed as an adjunct instructor for no more
338	than 780 hours during the first 12 months of retirement. Any
339	retired member reemployed for more than 780 hours during the
340	first 12 months of retirement shall give timely notice in
341	writing to the employer and to the division of the date he or
342	she will exceed the limitation. The division shall suspend his
343	or her retirement benefits for the remainder of the first 12
344	months of retirement. Any person employed in violation of this
345	subparagraph and any employing agency which knowingly employs or
346	appoints such person without notifying the Division of
347	Retirement to suspend retirement benefits shall be jointly and
348	severally liable for reimbursement to the retirement trust fund
349	of any benefits paid during the reemployment limitation period.
350	To avoid liability, such employing agency shall have a written
351	statement from the retiree that he or she is not retired from a
352	state-administered retirement system. Any retirement benefits
353	received by a retired member while reemployed in excess of 780
354	hours during the first 12 months of retirement shall be repaid
355	to the Retirement System Trust Fund, and retirement benefits
356	shall remain suspended until repayment is made. Benefits
357	suspended beyond the end of the retired member's first 12 months
358	of retirement shall apply toward repayment of benefits received
359	in violation of the 780-hour reemployment limitation.
360	5. The State University System may reemploy a retired
361	member as an adjunct faculty member or as a participant in a
362	phased retirement program within the State University System
363	after the retired member has been retired for 1 calendar month,
364	in accordance with s. 121.021(39). Any retired member who is
365	reemployed within 1 calendar month after retirement shall void
366	his or her application for retirement benefits. The State
367	University System is subject to the retired contribution
368	required in subparagraph 7., as appropriate. A retired member
369	may be reemployed as an adjunct faculty member or a participant
370	in a phased retirement program for no more than 780 hours during
371	the first 12 months of his or her retirement. Any retired member
372	reemployed for more than 780 hours during the first 12 months of
373	retirement shall give timely notice in writing to the employer
374	and to the division of the date he or she will exceed the
375	limitation. The division shall suspend his or her retirement
376	benefits for the remainder of the first 12 months of retirement.
377	Any person employed in violation of this subparagraph and any
378	employing agency which knowingly employs or appoints such person
379	without notifying the Division of Retirement to suspend
380	retirement benefits shall be jointly and severally liable for
381	reimbursement to the retirement trust fund of any benefits paid
382	during the reemployment limitation period. To avoid liability,
383	such employing agency shall have a written statement from the
384	retiree that he or she is not retired from a state-administered
385	retirement system. Any retirement benefits received by a retired
386	member while reemployed in excess of 780 hours during the first
387	12 months of retirement shall be repaid to the Retirement System
388	Trust Fund, and retirement benefits shall remain suspended until
389	repayment is made. Benefits suspended beyond the end of the
390	retired member's first 12 months of retirement shall apply
391	toward repayment of benefits received in violation of the 780-
392	hour reemployment limitation.
393	6. The Board of Trustees of the Florida School for the
394	Deaf and the Blind may reemploy a retired member as a substitute
395	teacher, substitute residential instructor, or substitute nurse
396	on a noncontractual basis after he or she has been retired for 1
397	calendar month, in accordance with s. 121.021(39). Any retired
398	member who is reemployed within 1 calendar month after
399	retirement shall void his or her application for retirement
400	benefits. The Board of Trustees of the Florida School for the
401	Deaf and the Blind reemploying such teachers, residential
402	instructors, or nurses is subject to the retirement contribution
403	required by subparagraph 7. Reemployment of a retired member as
404	a substitute teacher, substitute residential instructor, or
405	substitute nurse is limited to 780 hours during the first 12
406	months of his or her retirement. Any retired member reemployed
407	for more than 780 hours during the first 12 months of retirement
408	shall give timely notice in writing to the employer and to the
409	division of the date he or she will exceed the limitation. The
410	division shall suspend his or her retirement benefits for the
411	remainder of the first 12 months of retirement. Any person
412	employed in violation of this subparagraph and any employing
413	agency which knowingly employs or appoints such person without
414	notifying the Division of Retirement to suspend retirement
415	benefits shall be jointly and severally liable for reimbursement
416	to the retirement trust fund of any benefits paid during the
417	reemployment limitation period. To avoid liability, such
418	employing agency shall have a written statement from the retiree
419	that he or she is not retired from a state-administered
420	retirement system. Any retirement benefits received by a retired
421	member while reemployed in excess of 780 hours during the first
422	12 months of retirement shall be repaid to the Retirement System
423	Trust Fund, and his or her retirement benefits shall remain
424	suspended until payment is made. Benefits suspended beyond the
425	end of the retired member's first 12 months of retirement shall
426	apply toward repayment of benefits received in violation of the
427	780-hour reemployment limitation.
428	7. The employment by an employer of any retiree or DROP
429	participant of any state-administered retirement system shall
430	have no effect on the average final compensation or years of
431	creditable service of the retiree or DROP participant. Prior to
432	July 1, 1991, upon employment of any person, other than an
433	elected officer as provided in s. 121.053, who has been retired
434	under any state-administered retirement program, the employer
435	shall pay retirement contributions in an amount equal to the
436	unfunded actuarial liability portion of the employer
437	contribution which would be required for regular members of the
438	Florida Retirement System. Effective July 1, 1991, contributions
439	shall be made as provided in s. 121.122 for retirees with
440	renewed membership or subsection (13) with respect to DROP
441	participants.
442	8. Any person who has previously retired and who is
443	holding an elective public office or an appointment to an
444	elective public office eligible for the Elected Officers' Class
445	on or after July 1, 1990, shall be enrolled in the Florida
446	Retirement System as provided in s. 121.053(1)(b) or, if holding
447	an elective public office that does not qualify for the Elected
448	Officers' Class on or after July 1, 1991, shall be enrolled in
449	the Florida Retirement System as provided in s. 121.122, and
450	shall continue to receive retirement benefits as well as
451	compensation for the elected officer's service for as long as he
452	or she remains in elective office. However, any retired member
453	who served in an elective office prior to July 1, 1990,
454	suspended his or her retirement benefit, and had his or her
455	Florida Retirement System membership reinstated shall, upon
456	retirement from such office, have his or her retirement benefit
457	recalculated to include the additional service and compensation
458	earned.
459	9. Any person who is holding an elective public office
460	which is covered by the Florida Retirement System and who is
461	concurrently employed in nonelected covered employment may elect
462	to retire while continuing employment in the elective public
463	office, provided that he or she shall be required to terminate
464	his or her nonelected covered employment. Any person who
465	exercises this election shall receive his or her retirement
466	benefits in addition to the compensation of the elective office
467	without regard to the time limitations otherwise provided in
468	this subsection. No person who seeks to exercise the provisions
469	of this subparagraph, as the same existed prior to May 3, 1984,
470	shall be deemed to be retired under those provisions, unless
471	such person is eligible to retire under the provisions of this
472	subparagraph, as amended by chapter 84-11, Laws of Florida.
473	10. The limitations of this paragraph apply to
474	reemployment in any capacity with an "employer" as defined in s.
475	121.021(10), irrespective of the category of funds from which
476	the person is compensated.
477	11. An employing agency may reemploy a retired member as a
478	firefighter or paramedic after the retired member has been
479	retired for 1 calendar month, in accordance with s. 121.021(39).
480	Any retired member who is reemployed within 1 calendar month
481	after retirement shall void his or her application for
482	retirement benefits. The employing agency reemploying such
483	firefighter or paramedic is subject to the retired contribution
484	required in subparagraph 8. Reemployment of a retired
485	firefighter or paramedic is limited to no more than 780 hours
486	during the first 12 months of his or her retirement. Any retired
487	member reemployed for more than 780 hours during the first 12
488	months of retirement shall give timely notice in writing to the
489	employer and to the division of the date he or she will exceed
490	the limitation. The division shall suspend his or her retirement
491	benefits for the remainder of the first 12 months of retirement.
492	Any person employed in violation of this subparagraph and any
493	employing agency which knowingly employs or appoints such person
494	without notifying the Division of Retirement to suspend
495	retirement benefits shall be jointly and severally liable for
496	reimbursement to the Retirement System Trust Fund of any
497	benefits paid during the reemployment limitation period. To
498	avoid liability, such employing agency shall have a written
499	statement from the retiree that he or she is not retired from a
500	state-administered retirement system. Any retirement benefits
501	received by a retired member while reemployed in excess of 780
502	hours during the first 12 months of retirement shall be repaid
503	to the Retirement System Trust Fund, and retirement benefits
504	shall remain suspended until repayment is made. Benefits
505	suspended beyond the end of the retired member's first 12 months
506	of retirement shall apply toward repayment of benefits received
507	in violation of the 780-hour reemployment limitation.
508	(13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, and
509	subject to the provisions of this section, the Deferred
510	Retirement Option Program, hereinafter referred to as the DROP,
511	is a program under which an eligible member of the Florida
512	Retirement System may elect to participate, deferring receipt of
513	retirement benefits while continuing employment with his or her
514	Florida Retirement System employer. The deferred monthly
515	benefits shall accrue in the System Trust Fund on behalf of the
516	participant, plus interest compounded monthly, for the specified
517	period of the DROP participation, as provided in paragraph (c).
518	Upon termination of employment, the participant shall receive
519	the total DROP benefits and begin to receive the previously
520	determined normal retirement benefits. Participation in the DROP
521	does not guarantee employment for the specified period of DROP.
522	(a) Eligibility of member to participate in the DROP.--All
523	active Florida Retirement System members in a regularly
524	established position, and all active members of either the
525	Teachers' Retirement System established in chapter 238 or the
526	State and County Officers' and Employees' Retirement System
527	established in chapter 122 which systems are consolidated within
528	the Florida Retirement System under s. 121.011, are eligible to
529	elect participation in the DROP provided that:
530	1. The member is not a renewed member of the Florida
531	Retirement System under s. 121.122, or a member of the State
532	Community College System Optional Retirement Program under s.
533	121.051, the Senior Management Service Optional Annuity Program
534	under s. 121.055, or the optional retirement program for the
535	State University System under s. 121.35.
536	2. Except as provided in subparagraph 6., election to
537	participate is made within 12 months immediately following the
538	date on which the member first reaches normal retirement date,
539	or, for a member who reaches normal retirement date based on
540	service before he or she reaches age 62, or age 55 for Special
541	Risk Class members, election to participate may be deferred to
542	the 12 months immediately following the date the member attains
543	57, or age 52 for Special Risk Class members. For a member who
544	first reached normal retirement date or the deferred eligibility
545	date described above prior to the effective date of this
546	section, election to participate shall be made within 12 months
547	after the effective date of this section. A member who fails to
548	make an election within such 12-month limitation period shall
549	forfeit all rights to participate in the DROP. The member shall
550	advise his or her employer and the division in writing of the
551	date on which the DROP shall begin. Such beginning date may be
552	subsequent to the 12-month election period, but must be within
553	the 60-month limitation period as provided in subparagraph (b)1.
554	When establishing eligibility of the member to participate in
555	the DROP for the 60-month maximum participation period, the
556	member may elect to include or exclude any optional service
557	credit purchased by the member from the total service used to
558	establish the normal retirement date. A member with dual normal
559	retirement dates shall be eligible to elect to participate in
560	DROP within 12 months after attaining normal retirement date in
561	either class.
562	3. The employer of a member electing to participate in the
563	DROP, or employers if dually employed, shall acknowledge in
564	writing to the division the date the member's participation in
565	the DROP begins and the date the member's employment and DROP
566	participation will terminate.
567	4. Simultaneous employment of a participant by additional
568	Florida Retirement System employers subsequent to the
569	commencement of participation in the DROP shall be permissible
570	provided such employers acknowledge in writing a DROP
571	termination date no later than the participant's existing
572	termination date or the 60-month limitation period as provided
573	in subparagraph (b)1.
574	5. A DROP participant may change employers while
575	participating in the DROP, subject to the following:
576	a. A change of employment must take place without a break
577	in service so that the member receives salary for each month of
578	continuous DROP participation. If a member receives no salary
579	during a month, DROP participation shall cease unless the
580	employer verifies a continuation of the employment relationship
581	for such participant pursuant to s. 121.021(39)(b).
582	b. Such participant and new employer shall notify the
583	division on forms required by the division as to the identity of
584	the new employer.
585	c. The new employer shall acknowledge, in writing, the
586	participant's DROP termination date, which may be extended but
587	not beyond the original 60-month period provided in subparagraph
588	(b)1., shall acknowledge liability for any additional retirement
589	contributions and interest required if the participant fails to
590	timely terminate employment, and shall be subject to the
591	adjustment required in sub-subparagraph (c)5.d.
592	6. Effective July 1,20032001, for instructional
593	personnel as defined in s. 1012.01(2)and school-based school
594	administrators as defined in s. 1012.01(3)(c), election to
595	participate in the DROP shall be made at any time following the
596	date on which the membercompletes 25 years of service as a
597	public school member of the Florida Retirement Systemfirst
598	reaches normal retirement date. The member shall advise his or
599	her employer and the division in writing of the date on which
600	the Deferred Retirement Option Program shall begin.
601	Notwithstanding any other provision of this subsection,
602	instructional personnel and school-based school administrators
603	may continue to participate in the DROP beyond the 60-month
604	maximum participation period, as provided in subparagraph (b)1.,
605	with the written consent of the employing district school board.
606	When establishing eligibility of the member to participate in
607	the DROP for the 60-month maximum participation period, as
608	provided in subparagraph (b)1.,The member may elect to include
609	or exclude any optional service credit purchased by the member
610	from the total service used to establish the normal retirement
611	date. A member with dual normal retirement dates shall be
612	eligible to elect to participate in either class.
613	Section 3.It is the intent of the Legislature that costs
614	attributable to benefit increases for Regular Class public
615	school members shall be funded by recognition of lump sums from
616	the excess actuarial assets of the Florida Retirement System
617	Trust Fund as follows:
618	(1) For fiscal year 2003-2004, the lump sum to be
619	recognized shall be the lesser of:
620	(a) The amount available under the rate stabilization
621	mechanism described in s. 121.031, Florida Statutes; or
622	(b) The amount needed to pay the annual cost attributable
623	to the increased benefit accrual rate for public school members.
624	The annual cost shall consist of the increase in normal cost for
625	public school members plus payment of the 30-year amortization
626	amount of the increase in the actuarial accrued liability
627	attributable to the increase, equal to 2.51 percent of the
628	public school member payroll or $212 million for fiscal year
629	2003-2004.
630
631	If, after the recognition of excess actuarial assets pursuant to
632	this subsection, there remains an unfunded cost, the
633	contribution rate applicable to public school members shall be
634	increased by the difference between the annual cost and the
635	amount provided by the excess actuarial assets, unless the
636	Legislature provides an alternative funding mechanism.
637	(2) For fiscal years 2004-2005 and thereafter, the
638	Legislature shall, as provided in subsection (1), continue to
639	fund on an ongoing basis the annual cost attributable to the
640	formula improvements.
641	Section 4.The Division of Retirement shall conduct an
642	actuarial analysis of the effect of authorizing personnel
643	classified pursuant to s. 1012.01(2)(a) or (3)(c), Florida
644	Statutes, to transfer retirement benefits accrued through the
645	defined benefit component of the Florida Retirement System to
646	out-of-state governmental entities, as well as the effect of
647	authorizing such personnel to transfer retirement benefits from
648	out-of-state governmental entities to the defined benefit
649	component or the defined contribution component, or both, of the
650	Florida Retirement System. The analysis shall include
651	recommendations for statutory revision to enable reciprocal
652	transfer of retirement benefits, if deemed to be feasible. The
653	analysis must be transmitted to the President of the Senate, the
654	Speaker of the House of Representatives, and the majority and
655	minority leaders of the Senate and the House of Representatives
656	on or before December 31, 2003.
657	Section 5. Subsection (11) of section 1001.43, Florida
658	Statutes, is amended to read:
659	1001.43 Supplemental powers and duties of district school
660	board.--The district school board may exercise the following
661	supplemental powers and duties as authorized by this code or
662	State Board of Education rule.
663	(11) PERSONNEL.--The district school board may adopt
664	policies and procedures necessary for the management of all
665	personnel of the school system.The district school board may
666	adopt policies for the provision of comprehensive benefit
667	packages to personnel of the district school system.
668	Section 6. Subsection (1) of section 1012.27, Florida
669	Statutes, is amended to read:
670	1012.27 Public school personnel; powers and duties of
671	district school superintendent.--The district school
672	superintendent shall be responsible, as required herein, for
673	directing the work of the personnel, subject to the requirements
674	of this chapter, and in addition the district school
675	superintendent shall have the following duties:
676	(1) POSITIONS, QUALIFICATIONS, AND NOMINATIONS.--
677	(a) Recommend to the district school board duties and
678	responsibilities which need to be performed and positions which
679	need to be filled to make possible the development of an
680	adequate school program in the district.
681	(b) Recommend minimum qualifications of personnel for
682	these various positions, and nominate in writing persons to fill
683	such positions.
684
685	The district school superintendent's recommendations for filling
686	instructional positions at the school level must consider
687	nominations received from school principals of the respective
688	schools. Before transferring a teacher who holds a professional
689	teaching certificate from one school to another, the district
690	school superintendent shall consult with the principal of the
691	receiving school and allow the principal to review the teacher's
692	records and interview the teacher. If, in the judgment of the
693	principal, students would not benefit from the placement, an
694	alternative placement may be sought.A district school
695	superintendent may recommend district school board reappointment
696	of instructional personnel who do not meet the requirements of
697	s. 1012.56(3). Such recommendation must be limited to
698	instructional personnel whose students demonstrate annual
699	learning gains toward achieving the Sunshine State Standards
700	appropriate for the student's grade level, who maintain
701	appropriate classroom discipline, who demonstrate adequate
702	subject matter knowledge, who successfully plan and deliver
703	instruction that incorporates the appropriate use of technology,
704	who successfully evaluate student instructional needs, and who
705	foster positive collaborative relationships with students’
706	families to increase the respective students’ achievement.
707	Section 7. Subsection (6) of section 1012.56, Florida
708	Statutes, is amended to read:
709	1012.56 Educator certification requirements.--
710	(6) TYPES AND TERMS OF CERTIFICATION.--
711	(a) The Department of Education shall issue a professional
712	certificate for a period not to exceed 5 years to any applicant
713	who meets all the requirements outlined in subsection (2).
714	(b) The department shall issue a temporary certificate to
715	any applicant who completes the requirements outlined in
716	paragraphs (2)(a)-(f) and completes the subject area content
717	requirements specified in state board rule or demonstrates
718	mastery of subject area knowledge pursuant to subsection (4) and
719	holds an accredited degree or a degree approved by the
720	Department of Education at the level required for the subject
721	area specialization in state board rule.
722	(c) The department shall issue one nonrenewable 2-year
723	temporary certificate and one nonrenewable 5-year professional
724	certificate to a qualified applicant who holds a bachelor's
725	degree in the area of speech-language impairment to allow for
726	completion of a master's degree program in speech-language
727	impairment.
728
729	Each temporary certificate is valid for 3 school fiscal years
730	and is nonrenewable.However, the requirement in paragraph
731	(2)(g) must be met within 1 calendar year of the date of
732	employment under the temporary certificate. Individuals who are
733	employed under contract at the end of the 1 calendar year time
734	period may continue to be employed through the end of the school
735	year in which they have been contracted. A school district shall
736	not employ, or continue the employment of, an individual in a
737	position for which a temporary certificate is required beyond
738	this time period if the individual has not met the requirement
739	of paragraph (2)(g).The State Board of Education shall adopt
740	rules to allow the department to extend the validity period of a
741	temporary certificate for 2 years when the requirements for the
742	professional certificate, not including the requirement in
743	paragraph (2)(g),were not completed due to the serious illness
744	or injury of the applicant or other extraordinary extenuating
745	circumstances. The department shall reissue the temporary
746	certificate for 2 additional years upon approval by the
747	Commissioner of Education. A written request for reissuance of
748	the certificate shall be submitted by the district school
749	superintendent, the governing authority of a university lab
750	school, the governing authority of a state-supported school, or
751	the governing authority of a private school.
752	Section 8. Section 1012.597, Florida Statutes, is created
753	to read:
754	1012.597 Executive leadership certification for school
755	principals.-–The State Board of Education must adopt rules
756	through which school principals and assistant principals may
757	earn executive leadership certification. The foundation for such
758	certification must derive from performance on a statewide
759	leadership assessment instrument, customer satisfaction
760	inventories, and student achievement indicators. Certification,
761	including the statewide leadership assessment instrument, must
762	be developed in conjunction with school principals, district
763	school superintendents, and district school board members. The
764	State Board of Education must designate incentives available to
765	personnel who earn executive leadership certification,
766	including, but not limited to, merit pay, expanded discretionary
767	spending flexibility, relaxed regulation or reporting
768	requirements, additional professional development resources, and
769	public recognition.
770	Section 9. Paragraph (a) of subsection (2) of section
771	1012.61, Florida Statutes, is amended to read:
772	1012.61 Sick leave.--
773	(2) PROVISIONS GOVERNING SICK LEAVE.--The following
774	provisions shall govern sick leave:
775	(a) Extent of leave.--
776	1. Each member of the instructional staff employed on a
777	full-time basis is entitled to 4 days of sick leave as of the
778	first day of employment of each contract year and shall
779	thereafter earn 1 day of sick leave for each month of
780	employment, which shall be credited to the member at the end of
781	that month and which may not be used before it is earned and
782	credited to the member. Each other employee shall be credited
783	with 4 days of sick leave at the end of the first month of
784	employment of each contract year and shall thereafter be
785	credited for 1 day of sick leave for each month of employment,
786	which shall be credited to the employee at the end of the month
787	and which may not be used before it is earned and credited to
788	the employee. However, each member of the instructional staff
789	and each other employee is entitled to earn no more than 1 day
790	of sick leave times the number of months of employment during
791	the year of employment. If the employee terminates his or her
792	employment and has not accrued the 4 days of sick leave
793	available to him or her, the district school board may withhold
794	the average daily amount for the days of sick leave used but
795	unearned by the employee. Such leave may be taken only when
796	necessary because of sickness as prescribed in this section. The
797	sick leave shall be cumulative from year to year. There shall be
798	no limit on the number of days of sick leave which a member of
799	the instructional staff or an educational support employee may
800	accrue, except that at least one-half of this cumulative leave
801	must be established within the district granting such leave.
802	2. A district school board may establish policies and
803	prescribe standards to permit an employee to be absent 6 days
804	each school year for personal reasons. However, such absences
805	for personal reasons must be charged only to accrued sick leave,
806	and leave for personal reasons is noncumulative.
807	3. District school boards may adopt rules permitting the
808	annual payment for accumulated sick leave that is earned for
809	that year and that is unused at the end of the school year,
810	based on the daily rate of pay of the employee multiplied by up
811	to 80 percent. Days for which such payment is received shall be
812	deducted from the accumulated leave balance.Such annual payment
813	may apply only to instructional staff and educational support
814	employees.
815	4. A district school board may establish policies to
816	provide terminal pay for accumulated sick leave to instructional
817	staff and educational support employees of the district school
818	board. If termination of employment is by death of the employee,
819	any terminal pay to which the employee may have been entitled
820	may be made to his or her beneficiary. However, such terminal
821	pay may not exceed an amount determined as follows:
822	a. During the first 3 years of service, the daily rate of
823	pay multiplied by 35 percent times the number of days of
824	accumulated sick leave.
825	b. During the next 3 years of service, the daily rate of
826	pay multiplied by 40 percent times the number of days of
827	accumulated sick leave.
828	c. During the next 3 years of service, the daily rate of
829	pay multiplied by 45 percent times the number of days of
830	accumulated sick leave.
831	d. During the next 3 years of service, the daily rate of
832	pay multiplied by 50 percent times the number of days of
833	accumulated sick leave.
834	e. During and after the 13th year of service, the daily
835	rate of pay multiplied by 100 percent times the number of days
836	of accumulated sick leave.
837	5. A district school board may establish policies to
838	provide terminal pay for accumulated sick leave to any full-time
839	employee of the district school board other than instructional
840	staff or educational support employees as defined in this
841	section. If termination of the employee is by death of the
842	employee, any terminal pay to which the employee may have been
843	entitled may be made to the employee's beneficiary.
844	a. Terminal pay may not exceed one-fourth of all unused
845	sick leave accumulated on or after July 1, 2001, and may not
846	exceed a maximum of 60 days of actual payment. This limit does
847	not impair any contractual agreement established before July 1,
848	2001; however, a previously established contract renewed on or
849	after July 1, 2001, constitutes a new contract.
850	b. For unused sick leave accumulated before July 1, 2001,
851	terminal payment shall be made pursuant to a district school
852	board's policies, contracts, or rules that are in effect on June
853	30, 2001.
854	c. If an employee has an accumulated sick leave balance of
855	60 days of actual payment or more prior to July 1, 2001, sick
856	leave earned after that date may not be accumulated for terminal
857	pay purposes until the accumulated leave balance for leave
858	earned before July 1, 2001, is less than 60 days.
859	Section 10. Section 1012.987, Florida Statutes, is created
860	to read:
861	1012.987 Professional development for school
862	administrators.-–The Department of Education must develop a
863	comprehensive, statewide program of continuing education for
864	school administrators. Such professional development program
865	must be available to school administrators through professional
866	development conferences and workshops, distance instruction,
867	mentorship activities with school administrators who have earned
868	executive leadership certification, and approved postsecondary
869	instruction. The professional development program must include
870	information related to best administrative practices, the
871	implications of statewide initiatives for school administrators,
872	resources available to school administrators for the diagnosis
873	of school performance and corresponding strategic planning, and
874	other issues recommended by school principals and district
875	school superintendents. The Secretary of Education must
876	establish an advisory council composed primarily of school
877	principals and assistant principals representing elementary
878	schools, middle or junior high schools, and high schools to make
879	recommendations regarding the content and delivery of the
880	professional development program for school administrators. The
881	Secretary of Education must annually recommend specific funding
882	to implement statewide professional development for school
883	administrators.
884	Section 11. This act shall take effect July 1, 2003.
885
886