HB 1053

1	A bill to be entitled
2	An act relating to public employment; amending s. 110.107,
3	F.S.; providing a definition for "domestic partner";
4	amending s. 110.1227, F.S.; requiring the Florida Employee
5	Long-Term-Care Plan to include domestic partnerships;
6	amending s. 110.123, F.S.; revising definitions; providing
7	domestic partners and surviving domestic partners with
8	certain powers and responsibilities relating to the state
9	group insurance program; authorizing certain legislative
10	members to purchase coverage for surviving domestic
11	partners; creating s. 110.12314, F.S.; providing
12	requirements for filing an Affidavit of Domestic
13	Partnership or documentation of a domestic partnership in
14	another jurisdiction; amending s. 110.151, F.S.;
15	authorizing the Department of Management Services to
16	administer and coordinate child-care services for children
17	of a state officer's or employee's domestic partner;
18	amending s. 110.221, F.S.; revising the definition of
19	"family" to include domestic partners; prohibiting the
20	state from terminating the employment of a career service
21	employee because of the pregnancy of the employee's
22	domestic partner or an adoption by the employee's domestic
23	partner; amending s. 110.1232, F.S.; providing health
24	insurance coverage for certain domestic partners of
25	persons retired under the state-administered retirement
26	system before January 1, 1976; amending s. 110.1522, F.S.;
27	revising family support personnel policies to include
28	leave to care for a domestic partner or the newborn, newly
29	adopted, or ill child of a domestic partner; amending s.
30	112.19, F.S.; providing a definition; providing specified
31	death benefits for certain domestic partners of law
32	enforcement, correctional, or correctional probation
33	officers; amending s. 112.191, F.S.; providing a
34	definition; providing specified death benefits for certain
35	domestic partners of firefighters; amending s. 112.193,
36	F.S.; authorizing the presentation of certain
37	commemorative service awards to domestic partners;
38	amending s. 112.312, F.S.; revising definitions; amending
39	s. 112.313, F.S.; prohibiting certain public employees,
40	acting on behalf of the public agency, from entering into
41	specified transactions with, or accepting unauthorized
42	compensation from, domestic partners or children of
43	domestic partners; providing exemptions; amending s.
44	112.362, F.S.; providing domestic partners with certain
45	retirement benefits; amending s. 112.363, F.S.;
46	authorizing certain health insurance subsidy payments for
47	domestic partners; amending s. 112.1915, F.S.; providing
48	certain surviving domestic partners of teachers or school
49	administrators with certain benefits; amending s.
50	112.3145, F.S.; revising what constitutes indirect
51	ownership for purposes of disclosure of certain financial
52	interests; amending s. 112.3148, F.S.; revising a
53	definition of "family" in provisions relating to reporting
54	and prohibited receipt of gifts by individuals filing full
55	or limited public disclosure of financial interests and by
56	procurement employees to include domestic partners and
57	children of domestic partners; amending s. 112.3149, F.S.;
58	revising a definition; revising a filing requirement
59	relating to solicitation and disclosure of honoraria;
60	amending s. 112.3185, F.S.; prohibiting employees from
61	procuring contractual services for the state with business
62	entities in which the employee's domestic partner or
63	domestic partner's child has a material interest; amending
64	s. 121.021, F.S.; revising the criteria of a "joint
65	annuitant" to include domestic partners and children of
66	domestic partners; amending s. 121.052, F.S.; providing
67	surviving domestic partners with certain responsibilities
68	regarding member retirement trust fund benefits; amending
69	s. 121.091, F.S.; providing domestic partners of employees
70	with specified benefits under the state retirement system;
71	providing domestic partners with certain rights and
72	responsibilities under the system; amending s. 121.35,
73	F.S.; providing domestic partners of employees with
74	specified benefits under the optional retirement program
75	for the State University System; amending s. 121.40, F.S.;
76	providing domestic partners of cooperative extension
77	personnel at the Institute of Food and Agricultural
78	Sciences with specified death benefits; amending s.
79	121.4501, F.S.; revising provisions relating to the
80	designation of a beneficiary under the Public Employee
81	Optional Retirement Program; amending s. 121.591, F.S.;
82	providing domestic partners of employees with specified
83	benefits payable under the Public Employee Optional
84	Retirement Program of the Florida Retirement System;
85	amending s. 122.02, F.S.; revising a provision relating to
86	compensation for accumulated annual leave due and payable
87	to include payment to surviving domestic partners;
88	amending s. 122.03, F.S.; providing credit for retirement
89	purposes for domestic partners of certain county officials
90	or former county officials; amending s. 122.08, F.S.;
91	authorizing employees to elect to receive a reduced
92	retirement compensation with the provision that the
93	employee's domestic partner draw specified amounts of
94	reduced retirement compensation; providing criteria for
95	the determination of the reduced amount of compensation;
96	revising provisions relating to the designation of a
97	beneficiary to include the naming of a domestic partner;
98	amending s. 122.34, F.S.; providing specified benefits for
99	surviving domestic partners of certain sheriffs; providing
100	an effective date.
101
102	Be It Enacted by the Legislature of the State of Florida:
103
104	Section 1.  Subsection (32) is added to section 110.107,
105	Florida Statutes, to read:
106	110.107  Definitions.--As used in this chapter, the term:
107	(32)  "Domestic partner" means an adult of any gender with
108	whom a public officer, employee, or retiree is in an exclusive,
109	committed relationship and with whom the public officer,
110	employee, or retiree executes an Affidavit of Domestic
111	Partnership, pursuant to s. 110.12314, stating that:
112	(a)  Both parties are at least 18 years of age.
113	(b)  Neither party is married to another person or is the
114	domestic partner, civil union partner, or common-law spouse of
115	another person.
116	(c)  The parties are not related by blood by a degree that
117	would prevent marriage in this state.
118	(d)  The parties reside together in a common residence and
119	agree to be jointly responsible for the common welfare, basic
120	living expenses, and financial obligations of the household as
121	proven by attaching to the Affidavit of Domestic Partnership
122	evidence of a joint bank account or joint obligation on a loan
123	or evidence of ownership of a joint credit card in addition to
124	one of the following:
125	1.  An executed beneficiary form naming the domestic
126	partner as a primary beneficiary in the public officer's or
127	employee's life insurance policy or retirement plan;
128	2.  An executed will designating one of the persons as a
129	primary beneficiary in the other person's will;
130	3.  A motor vehicle title or registration form denoting
131	joint ownership; or
132	4.  A joint deed, mortgage agreement, or lease.
133	Section 2.  Paragraph (b) of subsection (1) of section
134	110.1227, Florida Statutes, is amended to read:
135	110.1227  Florida Employee Long-Term-Care Plan Act.--
136	(1)  The Legislature finds that state expenditures for
137	long-term-care services continue to increase at a rapid rate and
138	that the state faces increasing pressure in its efforts to meet
139	the long-term-care needs of the public.
140	(b)  The Department of Elderly Affairs and the Department
141	of Management Services shall jointly design the plan to provide
142	long-term-care coverage for public employees, family members of
143	public employees, and retirees. The Department of Management
144	Services and the Department of Elderly Affairs shall enter into
145	an interagency agreement defining their roles with regard to
146	plan development and design. Joint planning expenses shall be
147	shared to the extent that funded planning activities are
148	consistent with the goals of the departments. Eligible plan
149	participants must include active and retired officers and
150	employees of all branches and agencies of state and their
151	spouses, domestic partners, children, stepchildren, parents, and
152	parents-in-law, and parents of domestic partners; and, upon the
153	affirmative vote of the governing body of any county or
154	municipality in this state, the active and retired officers and
155	employees of any such county or municipality and their spouses,
156	domestic partners, children, stepchildren, parents, and parents-
157	in-law, and parents of domestic partners; and the surviving
158	spouses, domestic partners, children, stepchildren, parents, and
159	parents-in-law, and parents of domestic partners of such
160	deceased officers and employees, whether active or retired at
161	the time of death.
162	Section 3.  Paragraphs (b), (i), (k), and (m) of subsection
163	(2), paragraph (g) of subsection (3), paragraph (e) of
164	subsection (4), and paragraph (b) of subsection (8) of section
165	110.123, Florida Statutes, are amended to read:
166	110.123  State group insurance program.--
167	(2)  DEFINITIONS.--As used in this section, the term:
168	(b)  "Enrollee" means all state officers and employees,
169	retired state officers and employees, surviving spouses or
170	domestic partners of deceased state officers and employees, and
171	terminated employees or individuals with continuation coverage
172	who are enrolled in an insurance plan offered by the state group
173	insurance program. "Enrollee" includes all state university
174	officers and employees, retired state university officers and
175	employees, surviving spouses or domestic partners of deceased
176	state university officers and employees, and terminated state
177	university employees or individuals with continuation coverage
178	who are enrolled in an insurance plan offered by the state group
179	insurance program.
180	(i)  "State group health insurance plan or plans" or "state
181	plan or plans" mean the state self-insured health insurance plan
182	or plans offered to state officers and employees, retired state
183	officers and employees, and surviving spouses or domestic
184	partners of deceased state officers and employees pursuant to
185	this section.
186	(k)  "State group insurance program" or "programs" means
187	the package of insurance plans offered to state officers and
188	employees, retired state officers and employees, and surviving
189	spouses or domestic partners of deceased state officers and
190	employees pursuant to this section, including the state group
191	health insurance plan or plans, health maintenance organization
192	plans, TRICARE supplemental insurance plans, and other plans
193	required or authorized by law.
194	(m)  "Surviving spouse or domestic partner" means the
195	widow, or widower, or domestic partner of a deceased state
196	officer, full-time state employee, part-time state employee, or
197	retiree if such widow, or widower, or domestic partner was
198	covered as a dependent under the state group health insurance
199	plan, a TRICARE supplemental insurance plan, or a health
200	maintenance organization plan established pursuant to this
201	section at the time of the death of the deceased officer,
202	employee, or retiree. "Surviving spouse or domestic partner"
203	also means any widow, or widower, or domestic partner who is
204	receiving or eligible to receive a monthly state warrant from a
205	state retirement system as the beneficiary of a state officer,
206	full-time state employee, or retiree who died prior to July 1,
207	1979. For the purposes of this section, any such widow, or
208	widower, or domestic partner shall cease to be a surviving
209	spouse or domestic partner upon his or her remarriage or
210	subsequent domestic partnership, respectively.
211	(3)  STATE GROUP INSURANCE PROGRAM.--
212	(g)  Participation by individuals in the program is
213	available to all state officers, full-time state employees, and
214	part-time state employees; and such participation in the program
215	or any plan is voluntary. Participation in the program is also
216	available to retired state officers and employees, as defined in
217	paragraph (2)(g), who elect at the time of retirement to
218	continue coverage under the program, but they may elect to
219	continue all or only part of the coverage they had at the time
220	of retirement. A surviving spouse or domestic partner may elect
221	to continue coverage only under a state group health insurance
222	plan, a TRICARE supplemental insurance plan, or a health
223	maintenance organization plan.
224	(4)  PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE; LIMITATION
225	ON ACTIONS TO PAY AND COLLECT PREMIUMS.--
226	(e)  No state contribution for the cost of any part of the
227	premium shall be made for retirees or surviving spouses or
228	domestic partners for any type of coverage under the state group
229	insurance program. However, any state agency that employs a
230	full-time law enforcement officer, correctional officer, or
231	correctional probation officer who is killed or suffers
232	catastrophic injury in the line of duty as provided in s.
233	112.19, or a full-time firefighter who is killed or suffers
234	catastrophic injury in the line of duty as provided in s.
235	112.191, shall pay the entire premium of the state group health
236	insurance plan selected for the employee's surviving spouse or
237	domestic partner until remarried or entered into a subsequent
238	domestic partnership, respectively, and for each dependent child
239	of the employee, subject to the conditions and limitations set
240	forth in s. 112.19 or s. 112.191, as applicable.
241	(8)  COVERAGE FOR LEGISLATIVE MEMBERS AND EMPLOYEES.--
242	(b)  Any legislative member who terminates his or her
243	elected service after January 1, 1999, after having vested in
244	the state retirement system, may purchase coverage in a state
245	group health insurance plan at the same premium cost as that for
246	retirees and surviving spouses or domestic partners. Such
247	legislators may also elect coverage under the group term life
248	insurance program prevailing for current members at the premium
249	cost in effect for that plan.
250	Section 4.  Section 110.12314, Florida Statutes, is created
251	to read:
252	110.12314  Affidavit of Domestic Partnership; documentation
253	of domestic partnership in another jurisdiction.--A public
254	officer, employee, or retiree claiming a domestic partnership
255	shall file an Affidavit of Domestic Partnership with the
256	Department of Management Services on an affidavit form that has
257	been approved by that department and that states the
258	requirements of s. 110.107(1). If a public officer, employee, or
259	retiree claiming a domestic partnership is legally partnered to
260	that domestic partner in another jurisdiction, the public
261	officer, employee, or retiree shall be allowed to file
262	documentation of that partnership with the Department of
263	Management Services in lieu of filing an Affidavit of Domestic
264	Partnership. A public officer, employee, or retiree claiming a
265	domestic partnership shall, upon termination of the relationship
266	with the domestic partner, provide written notification of the
267	termination with the Department of Management Services.
268	Section 5.  Subsection (1) of section 110.151, Florida
269	Statutes, is amended to read:
270	110.151  State officers' and employees' child care
271	services.--
272	(1)  The Department of Management Services shall approve,
273	administer, and coordinate child care services for state
274	officers' and employees' children or dependents or children of a
275	state officer's or employee's domestic partner. Duties shall
276	include, but not be limited to, reviewing and approving requests
277	from state agencies for child care services; providing technical
278	assistance on child care program startup and operation; and
279	assisting other agencies in conducting needs assessments,
280	designing centers, and selecting service providers. Primary
281	emphasis for child care services shall be given to children who
282	are not subject to compulsory school attendance pursuant to part
283	II of chapter 1003, and, to the extent possible, emphasis shall
284	be placed on child care for children aged 2 and under.
285	Section 6.  Subsection (1) and paragraph (a) of subsection
286	(2) of section 110.221, Florida Statutes, are amended to read:
287	110.221  Parental or family medical leave.--
288	(1)  As used in this section, the term "family" means a
289	child, parent, or spouse, or domestic partner, and the term
290	"family medical leave" means leave requested by an employee for
291	a serious family illness including an accident, disease, or
292	condition that poses imminent danger of death, requires
293	hospitalization involving an organ transplant, limb amputation,
294	or other procedure of similar severity, or any mental or
295	physical condition that requires constant in-home care. The term
296	"parental leave" means leave for the father or mother of a child
297	who is born to or adopted by that parent or that parent's
298	domestic partner.
299	(2)  The state shall not:
300	(a)  Terminate the employment of any employee in the career
301	service because of the pregnancy of the employee or the
302	employee's spouse or domestic partner or the adoption of a child
303	by that employee or that employee's domestic partner.
304	Section 7.  Section 110.1232, Florida Statutes, is amended
305	to read:
306	110.1232  Health insurance coverage for persons retired
307	under state-administered retirement systems before January 1,
308	1976, and for spouses or domestic partners.--Notwithstanding any
309	provisions of law to the contrary, the Department of Management
310	Services shall provide health insurance coverage under the state
311	group insurance program for persons who retired before January
312	1, 1976, under any of the state-administered retirement systems
313	and who are not covered by social security and for the spouses
314	or domestic partners and surviving spouses or domestic partners
315	of such retirees who are also not covered by social security.
316	Such health insurance coverage shall provide the same benefits
317	as provided to other retirees who are entitled to participate
318	under s. 110.123. The claims experience of this group shall be
319	commingled with the claims experience of other members covered
320	under s. 110.123.
321	Section 8.  Section 110.1522, Florida Statutes, is amended
322	to read:
323	110.1522  Model rule establishing family support personnel
324	policies.--The Department of Management Services shall develop a
325	model rule establishing family support personnel policies for
326	all executive branch agencies, excluding the State University
327	System. "Family support personnel policies," for purposes of ss.
328	110.1521-110.1523, means personnel policies affecting employees'
329	ability to both work and devote care and attention to their
330	families and includes policies on flexible hour work schedules,
331	compressed time, job sharing, part-time employment, maternity or
332	paternity leave for employees with a newborn or newly adopted
333	child, leave to care for a domestic partner or the newborn,
334	newly adopted, or ill child of a domestic partner, and paid and
335	unpaid family or administrative leave for family
336	responsibilities.
337	Section 9.  Paragraph (e) is added to subsection (1) of
338	section 112.19, Florida Statutes, and paragraphs (d), (g), and
339	(h) of subsection (2) and subsection (3) of that section are
340	amended, to read:
341	112.19  Law enforcement, correctional, and correctional
342	probation officers; death benefits.--
343	(1)  Whenever used in this section, the term:
344	(e)  "Child or children" means the child or children of the
345	employee or of the employee's spouse or domestic partner.
346	(2)
347	(d)  Such payments, pursuant to the provisions of
348	paragraphs (a), (b), and (c), whether secured by insurance or
349	not, shall be made to the beneficiary designated by such law
350	enforcement, correctional, or correctional probation officer in
351	writing, signed by the officer and delivered to the employer
352	during the officer's lifetime. If no such designation is made,
353	then it shall be paid to the officer's surviving child or
354	children and spouse or domestic partner in equal portions, and
355	if there is no surviving child, or spouse, or domestic partner,
356	then to the officer's parent or parents. If a beneficiary is not
357	designated and there is no surviving child, spouse, domestic
358	partner, or parent, then it shall be paid to the officer's
359	estate.
360	(g)  Any political subdivision of the state that employs a
361	full-time law enforcement officer as defined in s. 943.10(1) or
362	a full-time correctional officer as defined in s. 943.10(2) who
363	is killed in the line of duty on or after July 1, 1993, as a
364	result of an act of violence inflicted by another person while
365	the officer is engaged in the performance of law enforcement
366	duties or as a result of an assault against the officer under
367	riot conditions shall pay the entire premium of the political
368	subdivision's health insurance plan for the employee's surviving
369	spouse or domestic partner until remarried or entered into a
370	subsequent domestic partnership, respectively, and for each
371	dependent child of the employee until the child reaches the age
372	of majority or until the end of the calendar year in which the
373	child reaches the age of 25 if:
374	1.  At the time of the employee's death, the child is
375	dependent upon the employee for support; and
376	2.  The surviving child continues to be dependent for
377	support, or the surviving child is a full-time or part-time
378	student and is dependent for support.
379	(h)1.  Any employer who employs a full-time law
380	enforcement, correctional, or correctional probation officer
381	who, on or after January 1, 1995, suffers a catastrophic injury,
382	as defined in s. 440.02, Florida Statutes 2002, in the line of
383	duty shall pay the entire premium of the employer's health
384	insurance plan for the injured employee, the injured employee's
385	spouse or domestic partner, and for each dependent child of the
386	injured employee until the child reaches the age of majority or
387	until the end of the calendar year in which the child reaches
388	the age of 25 if the child continues to be dependent for
389	support, or the child is a full-time or part-time student and is
390	dependent for support. The term "health insurance plan" does not
391	include supplemental benefits that are not part of the basic
392	group health insurance plan. If the injured employee
393	subsequently dies, the employer shall continue to pay the entire
394	health insurance premium for the surviving spouse or domestic
395	partner until remarried or entered into a subsequent domestic
396	partnership, respectively, and for the dependent children, under
397	the conditions outlined in this paragraph. However:
398	a.  Health insurance benefits payable from any other source
399	shall reduce benefits payable under this section.
400	b.  It is unlawful for a person to willfully and knowingly
401	make, or cause to be made, or to assist, conspire with, or urge
402	another to make, or cause to be made, any false, fraudulent, or
403	misleading oral or written statement to obtain health insurance
404	coverage as provided under this paragraph. A person who violates
405	this sub-subparagraph commits a misdemeanor of the first degree,
406	punishable as provided in s. 775.082 or s. 775.083.
407	c.  In addition to any applicable criminal penalty, upon
408	conviction for a violation as described in sub-subparagraph b.,
409	a law enforcement, correctional, or correctional probation
410	officer or other beneficiary who receives or seeks to receive
411	health insurance benefits under this paragraph shall forfeit the
412	right to receive such health insurance benefits, and shall
413	reimburse the employer for all benefits paid due to the fraud or
414	other prohibited activity. For purposes of this sub-
415	subparagraph, "conviction" means a determination of guilt that
416	is the result of a plea or trial, regardless of whether
417	adjudication is withheld.
418	2.  In order for the officer, spouse or domestic partner,
419	and dependent children to be eligible for such insurance
420	coverage, the injury must have occurred as the result of the
421	officer's response to fresh pursuit, the officer's response to
422	what is reasonably believed to be an emergency, or an unlawful
423	act perpetrated by another. Except as otherwise provided herein,
424	nothing in this paragraph shall be construed to limit health
425	insurance coverage for which the officer, spouse, domestic
426	partner, or dependent children may otherwise be eligible, except
427	that a person who qualifies under this section shall not be
428	eligible for the health insurance subsidy provided under chapter
429	121, chapter 175, or chapter 185.
430	(3)  If a law enforcement, correctional, or correctional
431	probation officer is accidentally killed as specified in
432	paragraph (2)(b) on or after June 22, 1990, or unlawfully and
433	intentionally killed as specified in paragraph (2)(c) on or
434	after July 1, 1980, the state shall waive certain educational
435	expenses that the child, or spouse, or domestic partner of the
436	deceased officer incurs while obtaining a career certificate, an
437	undergraduate education, or a postgraduate education. The amount
438	waived by the state shall be an amount equal to the cost of
439	tuition and matriculation and registration fees for a total of
440	120 credit hours. The child, or spouse, or domestic partner may
441	attend a state career center, a state community college, or a
442	state university. The child, or spouse, or domestic partner may
443	attend any or all of the institutions specified in this
444	subsection, on either a full-time or part-time basis. The
445	benefits provided to a child under this subsection shall
446	continue until the child's 25th birthday. The benefits provided
447	to a spouse or domestic partner under this subsection must
448	commence within 5 years after the death occurs, and entitlement
449	thereto shall continue until the 10th anniversary of that death.
450	(a)  Upon failure of any child, or spouse, or domestic
451	partner benefited by the provisions of this subsection to comply
452	with the ordinary and minimum requirements of the institution
453	attended, both as to discipline and scholarship, the benefits
454	shall be withdrawn as to the child, or spouse, or domestic
455	partner and no further moneys may be expended for the child's,
456	or spouse's, or domestic partner's benefits so long as such
457	failure or delinquency continues.
458	(b)  Only a student in good standing in his or her
459	respective institution may receive the benefits thereof.
460	(c)  A child, or spouse, or domestic partner receiving
461	benefits under this subsection must be enrolled according to the
462	customary rules and requirements of the institution attended.
463	Section 10.  Paragraph (d) is added to subsection (1) of
464	section 112.191, Florida Statutes, and paragraphs (d), (f), and
465	(g) of subsection (2) and subsection (3) of that section are
466	amended, to read:
467	112.191  Firefighters; death benefits.--
468	(1)  Whenever used in this act:
469	(d)  "Child or children" means the child or children of the
470	employee or of the employee's spouse or domestic partner.
471	(2)
472	(d)  Such payments, pursuant to paragraphs (a), (b), and
473	(c), whether secured by insurance or not, shall be made to the
474	beneficiary designated by such firefighter in writing, signed by
475	the firefighter and delivered to the employer during the
476	firefighter's lifetime. If no such designation is made, then it
477	shall be paid to the firefighter's surviving child or children
478	and spouse or domestic partner in equal portions, and if there
479	be no surviving child, or spouse, or domestic partner, then to
480	the firefighter's parent or parents. If a beneficiary
481	designation is not made and there is no surviving child, spouse,
482	domestic partner, or parent, then it shall be paid to the
483	firefighter's estate.
484	(f)  Any political subdivision of the state that employs a
485	full-time firefighter who is killed in the line of duty on or
486	after July 1, 1993, as a result of an act of violence inflicted
487	by another person while the firefighter is engaged in the
488	performance of firefighter duties, as a result of a fire which
489	has been determined to have been caused by an act of arson, or
490	as a result of an assault against the firefighter under riot
491	conditions shall pay the entire premium of the political
492	subdivision's health insurance plan for the employee's surviving
493	spouse or domestic partner until remarried or entered into a
494	subsequent domestic partnership, respectively, and for each
495	dependent child of the employee until the child reaches the age
496	of majority or until the end of the calendar year in which the
497	child reaches the age of 25 if:
498	1.  At the time of the employee's death, the child is
499	dependent upon the employee for support; and
500	2.  The surviving child continues to be dependent for
501	support, or the surviving child is a full-time or part-time
502	student and is dependent for support.
503	(g)1.  Any employer who employs a full-time firefighter
504	who, on or after January 1, 1995, suffers a catastrophic injury,
505	as defined in s. 440.02, Florida Statutes 2002, in the line of
506	duty shall pay the entire premium of the employer's health
507	insurance plan for the injured employee, the injured employee's
508	spouse or domestic partner, and for each dependent child of the
509	injured employee until the child reaches the age of majority or
510	until the end of the calendar year in which the child reaches
511	the age of 25 if the child continues to be dependent for
512	support, or the child is a full-time or part-time student and is
513	dependent for support. The term "health insurance plan" does not
514	include supplemental benefits that are not part of the basic
515	group health insurance plan. If the injured employee
516	subsequently dies, the employer shall continue to pay the entire
517	health insurance premium for the surviving spouse or domestic
518	partner until remarried or entered into a subsequent domestic
519	partnership, respectively, and for the dependent children, under
520	the conditions outlined in this paragraph. However:
521	a.  Health insurance benefits payable from any other source
522	shall reduce benefits payable under this section.
523	b.  It is unlawful for a person to willfully and knowingly
524	make, or cause to be made, or to assist, conspire with, or urge
525	another to make, or cause to be made, any false, fraudulent, or
526	misleading oral or written statement to obtain health insurance
527	coverage as provided under this paragraph. A person who violates
528	this sub-subparagraph commits a misdemeanor of the first degree,
529	punishable as provided in s. 775.082 or s. 775.083.
530	c.  In addition to any applicable criminal penalty, upon
531	conviction for a violation as described in sub-subparagraph b.,
532	a firefighter or other beneficiary who receives or seeks to
533	receive health insurance benefits under this paragraph shall
534	forfeit the right to receive such health insurance benefits, and
535	shall reimburse the employer for all benefits paid due to the
536	fraud or other prohibited activity. For purposes of this sub-
537	subparagraph, "conviction" means a determination of guilt that
538	is the result of a plea or trial, regardless of whether
539	adjudication is withheld.
540	2.  In order for the firefighter, spouse, domestic partner,
541	and dependent children to be eligible for such insurance
542	coverage, the injury must have occurred as the result of the
543	firefighter's response to what is reasonably believed to be an
544	emergency involving the protection of life or property, or an
545	unlawful act perpetrated by another. Except as otherwise
546	provided herein, nothing in this paragraph shall be construed to
547	limit health insurance coverage for which the firefighter,
548	spouse, domestic partner, or dependent children may otherwise be
549	eligible, except that a person who qualifies for benefits under
550	this section shall not be eligible for the health insurance
551	subsidy provided under chapter 121, chapter 175, or chapter 185.
552
553	Notwithstanding any provision of this section to the contrary,
554	the death benefits provided in paragraphs (b), (c), and (f)
555	shall also be applicable and paid in cases where a firefighter
556	received bodily injury prior to July 1, 1993, and subsequently
557	died on or after July 1, 1993, as a result of such in-line-of-
558	duty injury.
559	(3)  If a firefighter is accidentally killed as specified
560	in paragraph (2)(b) on or after June 22, 1990, or unlawfully and
561	intentionally killed as specified in paragraph (2)(c), on or
562	after July 1, 1980, the state shall waive certain educational
563	expenses that the child, or spouse, or domestic partner of the
564	deceased firefighter incurs while obtaining a career
565	certificate, an undergraduate education, or a postgraduate
566	education. The amount waived by the state shall be an amount
567	equal to the cost of tuition and matriculation and registration
568	fees for a total of 120 credit hours. The child, or spouse, or
569	domestic partner may attend a state career center, a state
570	community college, or a state university. The child, or spouse,
571	or domestic partner may attend any or all of the institutions
572	specified in this subsection, on either a full-time or part-time
573	basis. The benefits provided to a child under this subsection
574	shall continue until the child's 25th birthday. The benefits
575	provided to a spouse or domestic partner under this subsection
576	must commence within 5 years after the death occurs, and
577	entitlement thereto shall continue until the 10th anniversary of
578	that death.
579	(a)  Upon failure of any child, or spouse, or domestic
580	partner benefited by the provisions of this subsection to comply
581	with the ordinary and minimum requirements of the institution
582	attended, both as to discipline and scholarship, the benefits
583	thereof shall be withdrawn as to the child, or spouse, or
584	domestic partner and no further moneys expended for the child's,
585	or spouse's, or domestic partner's benefits so long as such
586	failure or delinquency continues.
587	(b)  Only students in good standing in their respective
588	institutions shall receive the benefits thereof.
589	(c)  A child, or spouse, or domestic partner receiving
590	benefits under this subsection must be enrolled according to the
591	customary rules and requirements of the institution attended.
592	Section 11.  Subsection (3) of section 112.193, Florida
593	Statutes, is amended to read:
594	112.193  Law enforcement, correctional, and correctional
595	probation officers' commemorative service awards.--
596	(3)  Upon the death of a law enforcement, correctional, or
597	correctional probation officer, the employer may present to the
598	spouse, domestic partner, or other beneficiary of the officer,
599	upon request, one complete uniform, including the badge worn by
600	the officer. However, if a law enforcement, correctional, or
601	correctional probation officer is killed in the line of duty,
602	the employer may present, upon request, to the spouse, domestic
603	partner, or other beneficiary of the officer the officer's
604	service-issued handgun, if one was issued as part of the
605	officer's equipment. If the employer is not in possession of the
606	service-issued handgun, the employer may, within its discretion,
607	and upon written request of the spouse, domestic partner, or
608	other beneficiary, present a similar handgun. The provisions of
609	this section shall also apply in that instance to a law
610	enforcement or correctional officer who died before May 1, 1993.
611	In addition, the officer's service handgun may be presented by
612	the employer for any such officer who was killed in the line of
613	duty prior to this act becoming a law.
614	Section 12.  Paragraph (b) of subsection (12) and
615	subsection (15) of section 112.312, Florida Statutes, are
616	amended to read:
617	112.312  Definitions.--As used in this part and for
618	purposes of the provisions of s. 8, Art. II of the State
619	Constitution, unless the context otherwise requires:
620	(12)
621	(b)  "Gift" does not include:
622	1.  Salary, benefits, services, fees, commissions, gifts,
623	or expenses associated primarily with the donee's employment,
624	business, or service as an officer or director of a corporation
625	or organization.
626	2.  Contributions or expenditures reported pursuant to
627	chapter 106, campaign-related personal services provided without
628	compensation by individuals volunteering their time, or any
629	other contribution or expenditure by a political party.
630	3.  An honorarium or an expense related to an honorarium
631	event paid to a person or the person's spouse or domestic
632	partner.
633	4.  An award, plaque, certificate, or similar personalized
634	item given in recognition of the donee's public, civic,
635	charitable, or professional service.
636	5.  An honorary membership in a service or fraternal
637	organization presented merely as a courtesy by such
638	organization.
639	6.  The use of a public facility or public property, made
640	available by a governmental agency, for a public purpose.
641	7.  Transportation provided to a public officer or employee
642	by an agency in relation to officially approved governmental
643	business.
644	8.  Gifts provided directly or indirectly by a state,
645	regional, or national organization that which promotes the
646	exchange of ideas between, or the professional development of,
647	governmental officials or employees, and whose membership is
648	primarily composed of elected or appointed public officials or
649	staff, to members of that organization or officials or staff of
650	a governmental agency that is a member of that organization.
651	(15)  "Material interest" means direct or indirect
652	ownership of more than 5 percent of the total assets or capital
653	stock of any business entity. For the purposes of this act,
654	indirect ownership does not include ownership by a spouse,
655	domestic partner, or minor child, or domestic partner's minor
656	child.
657	Section 13.  Subsections (3) and (4) and paragraph (b) of
658	subsection (12) of section 112.313, Florida Statutes, are
659	amended to read:
660	112.313  Standards of conduct for public officers,
661	employees of agencies, and local government attorneys.--
662	(3)  DOING BUSINESS WITH ONE'S AGENCY.--No employee of an
663	agency acting in his or her official capacity as a purchasing
664	agent, or public officer acting in his or her official capacity,
665	shall either directly or indirectly purchase, rent, or lease any
666	realty, goods, or services for his or her own agency from any
667	business entity of which the officer or employee or the
668	officer's or employee's spouse, domestic partner, or child, or
669	domestic partner's child is an officer, partner, director, or
670	proprietor or in which such officer or employee or the officer's
671	or employee's spouse, domestic partner, or child, or domestic
672	partner's child, or any combination of them, has a material
673	interest. Nor shall a public officer or employee, acting in a
674	private capacity, rent, lease, or sell any realty, goods, or
675	services to the officer's or employee's own agency, if he or she
676	is a state officer or employee, or to any political subdivision
677	or any agency thereof, if he or she is serving as an officer or
678	employee of that political subdivision. The foregoing shall not
679	apply to district offices maintained by legislators when such
680	offices are located in the legislator's place of business or
681	when such offices are on property wholly or partially owned by
682	the legislator. This subsection shall not affect or be construed
683	to prohibit contracts entered into prior to:
684	(a)  October 1, 1975.
685	(b)  Qualification for elective office.
686	(c)  Appointment to public office.
687	(d)  Beginning public employment.
688	(4)  UNAUTHORIZED COMPENSATION.--No public officer,
689	employee of an agency, or local government attorney or his or
690	her spouse, domestic partner, or minor child, or domestic
691	partner's minor child shall, at any time, accept any
692	compensation, payment, or thing of value when such public
693	officer, employee, or local government attorney knows, or, with
694	the exercise of reasonable care, should know, that it was given
695	to influence a vote or other action in which the officer,
696	employee, or local government attorney was expected to
697	participate in his or her official capacity.
698	(12)  EXEMPTION.--The requirements of subsections (3) and
699	(7) as they pertain to persons serving on advisory boards may be
700	waived in a particular instance by the body which appointed the
701	person to the advisory board, upon a full disclosure of the
702	transaction or relationship to the appointing body prior to the
703	waiver and an affirmative vote in favor of waiver by two-thirds
704	vote of that body. In instances in which appointment to the
705	advisory board is made by an individual, waiver may be effected,
706	after public hearing, by a determination by the appointing
707	person and full disclosure of the transaction or relationship by
708	the appointee to the appointing person. In addition, no person
709	shall be held in violation of subsection (3) or subsection (7)
710	if:
711	(b)  The business is awarded under a system of sealed,
712	competitive bidding to the lowest or best bidder and:
713	1.  The official or the official's spouse, domestic
714	partner, or child, or domestic partner's child has in no way
715	participated in the determination of the bid specifications or
716	the determination of the lowest or best bidder;
717	2.  The official or the official's spouse, domestic
718	partner, or child, or domestic partner's child has in no way
719	used or attempted to use the official's influence to persuade
720	the agency or any personnel thereof to enter such a contract
721	other than by the mere submission of the bid; and
722	3.  The official, prior to or at the time of the submission
723	of the bid, has filed a statement with the Commission on Ethics,
724	if the official is a state officer or employee, or with the
725	supervisor of elections of the county in which the agency has
726	its principal office, if the official is an officer or employee
727	of a political subdivision, disclosing the official's interest,
728	or the interest of the official's spouse, domestic partner, or
729	child, or domestic partner's child, and the nature of the
730	intended business.
731	Section 14.  Paragraphs (c) and (d) of subsection (1),
732	paragraph (a) of subsection (2), subsection (3), and paragraphs
733	(b) and (d) of subsection (4) of section 112.362, Florida
734	Statutes, are amended to read:
735	112.362  Recomputation of retirement benefits.--
736	(1)
737	(c)  A member of any state-supported retirement system who,
738	during the period July 1, 1975, through June 30, 1976, was on
739	the retired payroll with more than 15 years of creditable
740	service, was over 65 years of age, and was not eligible for the
741	$10 minimum benefit provided by paragraph (b) shall receive the
742	$8 minimum benefit provided by paragraph (a) retroactive to the
743	date such retired person would first have been eligible for the
744	$8 minimum benefit under the provisions of this section, had
745	said section not been amended by chapter 75-242, Laws of
746	Florida. Such retroactive $8 minimum benefit shall also be
747	payable to the beneficiary or surviving spouse or domestic
748	partner of a member who, if living, would have qualified for
749	this retroactive minimum benefit.
750	(d)  A member of any state-supported retirement system who
751	retires on or after July 1, 1987, with at least 10 years of
752	creditable service, having attained normal retirement date
753	shall, upon reaching age 65 and making proper application to the
754	administrator, be eligible to receive the applicable minimum
755	monthly benefit provided by this subsection with the exception
756	that only those years of creditable service accumulated by the
757	member through June 30, 1987, shall be used in the calculation
758	of the minimum monthly benefit amount and that no benefit shall
759	exceed the average monthly compensation of the retiree due to
760	the application of the minimum monthly benefit. All creditable
761	service claimed for periods which occurred prior to July 1,
762	1987, shall be presumed to have been accumulated as of June 30,
763	1987, irrespective of the date on which such creditable service
764	is claimed and credited. The minimum monthly benefit provided by
765	this paragraph shall be reduced by the actuarial factor applied
766	to the optional form of benefit under which the benefit is paid.
767	The surviving spouse or domestic partner or beneficiary who is
768	receiving a monthly benefit from a deceased retiree's account
769	shall be eligible to receive the minimum monthly benefit
770	provided herein at the time the retiree would have been eligible
771	for it had he or she lived, subject to the limitations herein
772	and the appropriate actuarial reductions.
773	(2)(a)  A retired member of any state-supported retirement
774	system who retires prior to July 1, 1987, and who possesses the
775	creditable service requirements contained in paragraph (1)(a) or
776	paragraph (1)(b), or the surviving spouse or domestic partner or
777	beneficiary of said member if such spouse or domestic partner or
778	beneficiary is receiving a retirement benefit, shall, at the
779	time the retiree reaches 65 years of age or would have reached
780	65 years of age if deceased, and upon proper application to the
781	administrator, have his or her monthly retirement benefit
782	recomputed and may receive a retirement benefit as provided in
783	either paragraph (1)(a) or paragraph (1)(b) and, if a retirement
784	option has been elected by the member, multiplied by the
785	actuarial reduction factor relating to such retirement option
786	and, if the member is deceased, multiplied by the percentage of
787	the benefit payable to the surviving spouse or domestic partner
788	or beneficiary. No present retirement benefits shall be reduced
789	under this computation.
790	(3)  A member of any state-supported retirement system who
791	has already retired under a retirement plan or system which does
792	not require its members to participate in social security
793	pursuant to a modification of the federal-state social security
794	agreement as authorized by the provisions of chapter 650, who is
795	over 65 years of age, and who has not less than 10 years of
796	creditable service, or the surviving spouse or domestic partner
797	or beneficiary of said member who, if living, would be over 65
798	years of age, upon application to the administrator, may have
799	his or her present monthly retirement benefits recomputed and
800	receive a monthly retirement allowance equal to $10 multiplied
801	by the total number of years of creditable service. Effective
802	July 1, 1978, this minimum monthly benefit shall be equal to
803	$10.50 multiplied by the total number of years of creditable
804	service, and thereafter said minimum monthly benefit shall be
805	recomputed as provided in paragraph (5)(a). This adjustment
806	shall be made in accordance with subsection (2). No retirement
807	benefits shall be reduced under this computation. Retirees
808	receiving additional benefits under the provisions of this
809	subsection shall also receive the cost-of-living adjustments
810	provided by the appropriate state-supported retirement system
811	for the fiscal year beginning July 1, 1977, and for each fiscal
812	year thereafter. The minimum monthly benefit provided by this
813	paragraph shall not apply to any member or the beneficiary of
814	any member who retires after June 30, 1978.
815	(4)
816	(b)  Effective July 1, 1978, the surviving spouse or
817	domestic partner or beneficiary who is receiving or entitled to
818	receive a monthly benefit commencing prior to July 1, 1987, from
819	the account of any deceased retired member who had completed at
820	least 10 years of creditable service shall, at the time such
821	deceased retiree would have reached age 65, if living, and, upon
822	application to the Department of Management Services, be
823	entitled to receive the minimum monthly benefit described in
824	paragraph (a), adjusted by the actuarial factor applied to the
825	optional form of benefit payable to said surviving spouse or
826	domestic partner or beneficiary, provided said person is not
827	receiving or entitled to receive federal social security
828	benefits. Application for this minimum monthly benefit shall
829	include certification by the surviving spouse or domestic
830	partner or beneficiary that he or she is not receiving and is
831	not entitled to receive social security benefits and shall
832	include written authorization for the Department of Management
833	Services to have access to information from the Federal Social
834	Security Administration concerning such person's entitlement to
835	or eligibility for social security benefits. The minimum benefit
836	provided by this paragraph shall not be paid unless and until
837	the application requirements of this paragraph are satisfied.
838	(d)  A member of any state-supported retirement system who
839	retires on or after July 1, 1987, with at least 10 years of
840	creditable service, having attained normal retirement date
841	shall, upon reaching age 65 and making proper application to the
842	administrator, be eligible to receive the applicable minimum
843	monthly benefit provided by this subsection with the exception
844	that only those years of creditable service accumulated by the
845	member through June 30, 1987, shall be used in the calculation
846	of the minimum monthly benefit amount and that no benefit shall
847	exceed the average monthly compensation of the retiree due to
848	the application of the minimum monthly benefit. All creditable
849	service claimed for periods which occurred prior to July 1,
850	1987, shall be presumed to have been accumulated as of June 30,
851	1987, irrespective of the date on which such creditable service
852	is claimed and credited. The minimum monthly benefit provided by
853	this paragraph shall be reduced by the actuarial factor applied
854	to the optional form of benefit under which the benefit is paid.
855	The surviving spouse or domestic partner or beneficiary who is
856	receiving a monthly benefit from a deceased retiree's account
857	shall be eligible to receive the minimum monthly benefit
858	provided herein at the time the retiree would have been eligible
859	for it had he or she lived, subject to the limitations herein
860	and the appropriate actuarial reductions.
861	Section 15.  Paragraph (a) of subsection (2) and subsection
862	(3) of section 112.363, Florida Statutes, are amended to read:
863	112.363  Retiree health insurance subsidy.--
864	(2)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.--
865	(a)  A person who is retired under a state-administered
866	retirement system, or a beneficiary who is a spouse, domestic
867	partner, or financial dependent entitled to receive benefits
868	under a state-administered retirement system, is eligible for
869	health insurance subsidy payments provided under this section;
870	except that pension recipients under ss. 121.40, 238.07(16)(a),
871	and 250.22, recipients of health insurance coverage under s.
872	110.1232, or any other special pension or relief act shall not
873	be eligible for such payments.
874	(3)  RETIREE HEALTH INSURANCE SUBSIDY AMOUNT.--
875	(a)  Beginning January 1, 1988, each eligible retiree or a
876	beneficiary who is a spouse, domestic partner, or financial
877	dependent thereof shall receive a monthly retiree health
878	insurance subsidy payment equal to the number of years of
879	creditable service, as defined in s. 121.021(17), completed at
880	the time of retirement multiplied by $1; however, no retiree may
881	receive a subsidy payment of more than $30 or less than $10.
882	(b)  Beginning January 1, 1989, each eligible retiree or a
883	beneficiary who is a spouse, domestic partner, or financial
884	dependent shall receive a monthly retiree health insurance
885	subsidy payment equal to the number of years of creditable
886	service, as defined in s. 121.021(17), completed at the time of
887	retirement multiplied by $2; however, no retiree may receive a
888	subsidy payment of more than $60 or less than $20.
889	(c)  Beginning January 1, 1991, each eligible retiree or a
890	beneficiary who is a spouse, domestic partner, or financial
891	dependent shall receive a monthly retiree health insurance
892	subsidy payment equal to the number of years of creditable
893	service, as defined in s. 121.021(17), completed at the time of
894	retirement multiplied by $3; however, no retiree may receive a
895	subsidy payment of more than $90 or less than $30.
896	(d)  Beginning January 1, 1999, each eligible retiree or,
897	if the retiree is deceased, his or her beneficiary who is
898	receiving a monthly benefit from such retiree's account and who
899	is a spouse or domestic partner, or a person who meets the
900	definition of joint annuitant in s. 121.021(28), shall receive a
901	monthly retiree health insurance subsidy payment equal to the
902	number of years of creditable service, as defined in s.
903	121.021(17), completed at the time of retirement multiplied by
904	$5; however, no eligible retiree or such beneficiary may receive
905	a subsidy payment of more than $150 or less than $50. If there
906	are multiple beneficiaries, the total payment must not be
907	greater than the payment to which the retiree was entitled.
908	(e)1.  Beginning July 1, 2001, each eligible retiree of the
909	defined benefit program of the Florida Retirement System, or, if
910	the retiree is deceased, his or her beneficiary who is receiving
911	a monthly benefit from such retiree's account and who is a
912	spouse or domestic partner, or a person who meets the definition
913	of joint annuitant in s. 121.021(28), shall receive a monthly
914	retiree health insurance subsidy payment equal to the number of
915	years of creditable service, as defined in s. 121.021(17),
916	completed at the time of retirement multiplied by $5; however,
917	no eligible retiree or beneficiary may receive a subsidy payment
918	of more than $150 or less than $30. If there are multiple
919	beneficiaries, the total payment must not be greater than the
920	payment to which the retiree was entitled. The health insurance
921	subsidy amount payable to any person receiving the retiree
922	health insurance subsidy payment on July 1, 2001, shall not be
923	reduced solely by operation of this subparagraph.
924	2.  Beginning July 1, 2002, each eligible participant of
925	the Public Employee Optional Retirement Program of the Florida
926	Retirement System who has met the requirements of this section,
927	or, if the participant is deceased, his or her spouse or
928	domestic partner who is the participant's designated
929	beneficiary, shall receive a monthly retiree health insurance
930	subsidy payment equal to the number of years of creditable
931	service, as provided in this subparagraph, completed at the time
932	of retirement, multiplied by $5; however, no eligible retiree or
933	beneficiary may receive a subsidy payment of more than $150 or
934	less than $30. For purposes of determining a participant's
935	creditable service used to calculate the health insurance
936	subsidy, a participant's years of service credit or fraction
937	thereof shall be based on the participant's work year as defined
938	in s. 121.021(54). Credit shall be awarded for a full work year
939	whenever health insurance subsidy contributions have been made
940	as required by law for each month in the participant's work
941	year. In addition, all years of creditable service retained
942	under the Florida Retirement System defined benefit program
943	shall be included as creditable service for purposes of this
944	section. Notwithstanding any other provision in this section to
945	the contrary, the spouse or domestic partner at the time of
946	death shall be the participant's beneficiary unless such
947	participant has designated a different beneficiary subsequent to
948	the participant's most recent marriage or domestic partnership.
949	Section 16.  Paragraph (c) of subsection (3) of section
950	112.1915, Florida Statutes, is amended to read:
951	112.1915  Teachers and school administrators; death
952	benefits.--Any other provision of law to the contrary
953	notwithstanding:
954	(3)  If a teacher or school administrator dies under the
955	conditions in subsection (2), benefits shall be provided as
956	follows:
957	(c)  Payment of the entire health insurance premium for the
958	school district's health insurance plan shall continue for the
959	teacher's or school administrator's surviving spouse or domestic
960	partner until remarried or entered into a subsequent domestic
961	partnership, respectively, and for each dependent child of the
962	teacher or school administrator, or dependent child of the
963	teacher or school administrator's domestic partner, until the
964	child reaches the age of majority or until the end of the
965	calendar year in which the child reaches the age of 25 if:
966	1.  At the time of the teacher's or school administrator's
967	death, the child is dependent upon the teacher or school
968	administrator for support; and
969	2.  The surviving child continues to be dependent for
970	support, or the surviving child is a full-time or part-time
971	student and is dependent for support.
972
973	The district school board that employed the teacher or school
974	administrator who is killed shall pay the health insurance
975	premiums. The district school board shall report annually to the
976	Department of Education the amount of premiums paid pursuant to
977	this paragraph. The Department of Education shall provide
978	reimbursement to the district for the premium payments.
979	Section 17.  Subsection (3) of section 112.3145, Florida
980	Statutes, is amended to read:
981	112.3145  Disclosure of financial interests and clients
982	represented before agencies.--
983	(3)  The statement of financial interests for state
984	officers, specified state employees, local officers, and persons
985	seeking to qualify as candidates for state or local office shall
986	be filed even if the reporting person holds no financial
987	interests requiring disclosure, in which case the statement
988	shall be marked "not applicable." Otherwise, the statement of
989	financial interests shall include, at the filer's option,
990	either:
991	(a)1.  All sources of income in excess of 5 percent of the
992	gross income received during the disclosure period by the person
993	in his or her own name or by any other person for his or her use
994	or benefit, excluding public salary. However, this shall not be
995	construed to require disclosure of a business partner's sources
996	of income. The person reporting shall list such sources in
997	descending order of value with the largest source first;
998	2.  All sources of income to a business entity in excess of
999	10 percent of the gross income of a business entity in which the
1000	reporting person held a material interest and from which he or
1001	she received an amount which was in excess of 10 percent of his
1002	or her gross income during the disclosure period and which
1003	exceeds $1,500. The period for computing the gross income of the
1004	business entity is the fiscal year of the business entity which
1005	ended on, or immediately prior to, the end of the disclosure
1006	period of the person reporting;
1007	3.  The location or description of real property in this
1008	state, except for residences and vacation homes, owned directly
1009	or indirectly by the person reporting, when such person owns in
1010	excess of 5 percent of the value of such real property, and a
1011	general description of any intangible personal property worth in
1012	excess of 10 percent of such person's total assets. For the
1013	purposes of this paragraph, indirect ownership does not include
1014	ownership by a spouse, domestic partner, or minor child, or
1015	minor child of a domestic partner; and
1016	4.  Every individual liability that equals more than the
1017	reporting person's net worth; or
1018	(b)1.  All sources of gross income in excess of $2,500
1019	received during the disclosure period by the person in his or
1020	her own name or by any other person for his or her use or
1021	benefit, excluding public salary. However, this shall not be
1022	construed to require disclosure of a business partner's sources
1023	of income. The person reporting shall list such sources in
1024	descending order of value with the largest source first;
1025	2.  All sources of income to a business entity in excess of
1026	10 percent of the gross income of a business entity in which the
1027	reporting person held a material interest and from which he or
1028	she received gross income exceeding $5,000 during the disclosure
1029	period. The period for computing the gross income of the
1030	business entity is the fiscal year of the business entity which
1031	ended on, or immediately prior to, the end of the disclosure
1032	period of the person reporting;
1033	3.  The location or description of real property in this
1034	state, except for residence and vacation homes, owned directly
1035	or indirectly by the person reporting, when such person owns in
1036	excess of 5 percent of the value of such real property, and a
1037	general description of any intangible personal property worth in
1038	excess of $10,000. For the purpose of this paragraph, indirect
1039	ownership does not include ownership by a spouse, domestic
1040	partner, or minor child, or minor child of a domestic partner;
1041	and
1042	4.  Every liability in excess of $10,000.
1043	Section 18.  Paragraph (a) of subsection (2) of section
1044	112.3148, Florida Statutes, is amended to read:
1045	112.3148  Reporting and prohibited receipt of gifts by
1046	individuals filing full or limited public disclosure of
1047	financial interests and by procurement employees.--
1048	(2)  As used in this section:
1049	(a)  "Immediate family" means any parent, spouse, domestic
1050	partner, child, child of a domestic partner, or sibling.
1051	Section 19.  Paragraph (a) of subsection (1) and subsection
1052	(5) of section 112.3149, Florida Statutes, are amended to read:
1053	112.3149  Solicitation and disclosure of honoraria.--
1054	(1)  As used in this section:
1055	(a)  "Honorarium" means a payment of money or anything of
1056	value, directly or indirectly, to a reporting individual or
1057	procurement employee, or to any other person on his or her
1058	behalf, as consideration for:
1059	1.  A speech, address, oration, or other oral presentation
1060	by the reporting individual or procurement employee, regardless
1061	of whether presented in person, recorded, or broadcast over the
1062	media.
1063	2.  A writing by the reporting individual or procurement
1064	employee, other than a book, which has been or is intended to be
1065	published.
1066
1067	The term "honorarium" does not include the payment for services
1068	related to employment held outside the reporting individual's or
1069	procurement employee's public position which resulted in the
1070	person becoming a reporting individual or procurement employee,
1071	any ordinary payment or salary received in consideration for
1072	services related to the reporting individual's or procurement
1073	employee's public duties, a campaign contribution reported
1074	pursuant to chapter 106, or the payment or provision of actual
1075	and reasonable transportation, lodging, and food and beverage
1076	expenses related to the honorarium event, including any event or
1077	meeting registration fee, for a reporting individual or
1078	procurement employee and spouse or domestic partner.
1079	(5)  A person who is prohibited by subsection (4) from
1080	paying an honorarium to a reporting individual or procurement
1081	employee, but who provides a reporting individual or procurement
1082	employee, or a reporting individual or procurement employee and
1083	his or her spouse or domestic partner, with expenses related to
1084	an honorarium event, shall provide to the reporting individual
1085	or procurement employee, no later than 60 days after the
1086	honorarium event, a statement listing the name and address of
1087	the person providing the expenses, a description of the expenses
1088	provided each day, and the total value of the expenses provided
1089	for the honorarium event.
1090	Section 20.  Subsection (6) of section 112.3185, Florida
1091	Statutes, is amended to read:
1092	112.3185  Additional standards for state agency
1093	employees.--
1094	(6)  An agency employee acting in an official capacity may
1095	not directly or indirectly procure contractual services for his
1096	or her own agency from any business entity of which a relative
1097	is an officer, partner, director, or proprietor or in which the
1098	officer or employee or his or her spouse, domestic partner, or
1099	child, or domestic partner's child, or any combination of them,
1100	has a material interest.
1101	Section 21.  Paragraphs (a) and (b) of subsection (28) of
1102	section 121.021, Florida Statutes, are amended to read:
1103	121.021  Definitions.--The following words and phrases as
1104	used in this chapter have the respective meanings set forth
1105	unless a different meaning is plainly required by the context:
1106	(28)  "Joint annuitant" means any person designated by the
1107	member to receive a retirement benefit upon the member's death
1108	who is:
1109	(a)  The spouse or domestic partner of the member;
1110	(b)  The member's natural or adopted child, or domestic
1111	partner's natural or adopted child, who is under age 25, or is
1112	physically or mentally disabled and incapable of self-support,
1113	regardless of age; or any person other than the spouse or
1114	domestic partner for whom the member is the legal guardian,
1115	provided that such person is under age 25 and is financially
1116	dependent for no less than one-half of his or her support from
1117	the member at retirement or at the time of death of such member,
1118	whichever occurs first; or
1119	Section 22.  Paragraph (c) of subsection (12) of section
1120	121.052, Florida Statutes, is amended to read:
1121	121.052  Membership class of elected officers.--
1122	(12)  BENEFITS.--
1123	(c)  The benefit provisions of s. 121.091(7), relating to
1124	death benefits, shall apply to members of the Elected Officers'
1125	Class and shall be construed in such manner as to make them
1126	compatible with the provisions of this section, except that:
1127	1.  If any elected official dies in office who would have
1128	been vested under the Elected Officers' Class, any other class
1129	of the Florida Retirement System, or any other state-
1130	administered retirement system, if the official had lived to
1131	complete his or her term of office, the official's spouse or
1132	domestic partner may elect to leave the official's retirement
1133	contributions in the retirement trust fund and pay into said
1134	fund any required contributions which would have been paid by
1135	the officer or the employer had the officer lived to complete
1136	the term of office.
1137	2.  If a deceased member's surviving spouse or domestic
1138	partner as described in subparagraph 1. previously received a
1139	refund of the member's contributions made to the retirement
1140	trust fund, the surviving spouse or domestic partner may pay
1141	into the retirement trust fund an amount equal to the deceased
1142	member's contributions previously refunded, together with
1143	interest at 4 percent compounded annually on the amount of such
1144	refunded contributions from the date of refund until July 1,
1145	1975, and at 6.5 percent compounded annually thereafter to the
1146	date of payment, plus such additional contributions as may be
1147	required under subparagraph 1., in order to become vested, as
1148	applicable.
1149
1150	Upon conclusion of the term of office to which the deceased
1151	officer was elected, a spouse or domestic partner who pays into
1152	the retirement trust fund such additional or refunded
1153	contributions, plus interest, shall be eligible to receive a
1154	monthly benefit in the same manner as the surviving spouse or
1155	domestic partner of a member who dies after accumulating the
1156	required number of years of creditable service as described
1157	herein.
1158	Section 23.  Paragraphs (a), (d), and (f) of subsection
1159	(6), paragraphs (d), (e), (g), and (h) of subsection (7),
1160	paragraph (a) of subsection (8), subsection (11), and paragraph
1161	(c) of subsection (13) of section 121.091, Florida Statutes, are
1162	amended to read:
1163	121.091  Benefits payable under the system.--Benefits may
1164	not be paid under this section unless the member has terminated
1165	employment as provided in s. 121.021(39)(a) or begun
1166	participation in the Deferred Retirement Option Program as
1167	provided in subsection (13), and a proper application has been
1168	filed in the manner prescribed by the department. The department
1169	may cancel an application for retirement benefits when the
1170	member or beneficiary fails to timely provide the information
1171	and documents required by this chapter and the department's
1172	rules. The department shall adopt rules establishing procedures
1173	for application for retirement benefits and for the cancellation
1174	of such application when the required information or documents
1175	are not received.
1176	(6)  OPTIONAL FORMS OF RETIREMENT BENEFITS AND DISABILITY
1177	RETIREMENT BENEFITS.--
1178	(a)  Prior to the receipt of the first monthly retirement
1179	payment, a member shall elect to receive the retirement benefits
1180	to which he or she is entitled under subsection (1), subsection
1181	(2), subsection (3), or subsection (4) in accordance with one of
1182	the following options:
1183	1.  The maximum retirement benefit payable to the member
1184	during his or her lifetime.
1185	2.  A decreased retirement benefit payable to the member
1186	during his or her lifetime and, in the event of his or her death
1187	within a period of 10 years after retirement, the same monthly
1188	amount payable for the balance of such 10-year period to his or
1189	her beneficiary or, in case the beneficiary is deceased, in
1190	accordance with subsection (8) as though no beneficiary had been
1191	named.
1192	3.  A decreased retirement benefit payable during the joint
1193	lifetime of both the member and his or her joint annuitant and
1194	which, after the death of either, shall continue during the
1195	lifetime of the survivor in the same amount, subject to the
1196	provisions of subsection (12).
1197	4.  A decreased retirement benefit payable during the joint
1198	lifetime of the member and his or her joint annuitant and which,
1199	after the death of either, shall continue during the lifetime of
1200	the survivor in an amount equal to 662/3 percent of the amount
1201	that was payable during the joint lifetime of the member and his
1202	or her joint annuitant, subject to the provisions of subsection
1203	(12).
1204
1205	The spouse or domestic partner of any member who elects to
1206	receive the benefit provided under subparagraph 1. or
1207	subparagraph 2. shall be notified of and shall acknowledge any
1208	such election. The division shall establish by rule a method for
1209	selecting the appropriate actuarial factor for optional forms of
1210	benefits selected under subparagraphs 3. and 4., based on the
1211	age of the member and the joint annuitant.
1212	(d)  A member who elects the option in subparagraph (a)3.
1213	or subparagraph (a)4. shall, on a form provided for that
1214	purpose, designate a joint annuitant to receive the benefits
1215	which continue to be payable upon the death of the member. After
1216	benefits have commenced under the option in subparagraph (a)3.
1217	or subparagraph (a)4., the following shall apply:
1218	1.  A retired member may change his or her designation of a
1219	joint annuitant only twice. If such a retired member desires to
1220	change his or her designation of a joint annuitant, he or she
1221	shall file with the division a notarized "change of joint
1222	annuitant" form and shall notify the former joint annuitant in
1223	writing of such change. Effective the first day of the next
1224	month following receipt by the division of a completed change of
1225	joint annuitant form, the division shall adjust the member's
1226	monthly benefit by the application of actuarial tables and
1227	calculations developed to ensure that the benefit paid is the
1228	actuarial equivalent of the present value of the member's
1229	current benefit. The consent of a retired member's first
1230	designated joint annuitant to any such change shall not be
1231	required. However, if either the member or the joint annuitant
1232	dies before the effective date of the request for change of
1233	joint annuitant, the requested change shall be void, and
1234	survivor benefits, if any, shall be paid as if no request had
1235	been made.
1236	2.  In the event of the dissolution of marriage or
1237	termination of domestic partnership of a retired member and a
1238	joint annuitant, such member may make an election to nullify the
1239	joint annuitant designation or terminate the domestic
1240	partnership of the former spouse or domestic partner, unless
1241	there is an existing qualified domestic relations order
1242	preventing such action. The member shall file with the division
1243	a written, notarized nullification which shall be effective on
1244	the first day of the next month following receipt by the
1245	division. Benefits shall be paid as if the former spouse or
1246	domestic partner predeceased the member. A member who makes such
1247	an election may not reverse the nullification but may designate
1248	a new joint annuitant in accordance with subparagraph 1.
1249	(f)  A member who elects to receive benefits under the
1250	option in subparagraph (a)3. may designate one or more qualified
1251	persons, either a spouse, domestic partner, or other dependent,
1252	as his or her joint annuitant to receive the benefits after the
1253	member's death in whatever proportion he or she so assigns to
1254	each person named as joint annuitant. The division shall adopt
1255	appropriate actuarial tables and calculations necessary to
1256	ensure that the benefit paid is the actuarial equivalent of the
1257	benefit to which the member is otherwise entitled under the
1258	option in subparagraph (a)1.
1259	(7)  DEATH BENEFITS.--
1260	(d)  Notwithstanding any other provision in this chapter to
1261	the contrary, with the exception of the Deferred Retirement
1262	Option Program, as provided in subsection (13):
1263	1.  The surviving spouse or domestic partner of any member
1264	killed in the line of duty may receive a monthly pension equal
1265	to one-half of the monthly salary being received by the member
1266	at the time of death for the rest of the surviving spouse's or
1267	domestic partner's lifetime or, if the member was vested, such
1268	surviving spouse or domestic partner may elect to receive a
1269	benefit as provided in paragraph (b). Benefits provided by this
1270	paragraph shall supersede any other distribution that may have
1271	been provided by the member's designation of beneficiary.
1272	2.  If the surviving spouse or domestic partner of a member
1273	killed in the line of duty dies, the monthly payments which
1274	would have been payable to such surviving spouse or domestic
1275	partner had such surviving spouse or domestic partner lived
1276	shall be paid for the use and benefit of such member's child or
1277	children, or such member's domestic partner's child or children,
1278	under 18 years of age and unmarried until the 18th birthday of
1279	the member's or domestic partner's youngest child.
1280	3.  If a member killed in the line of duty leaves no
1281	surviving spouse or domestic partner but is survived by a child
1282	or children under 18 years of age, the benefits provided by
1283	subparagraph 1., normally payable to a surviving spouse or
1284	domestic partner, shall be paid for the use and benefit of such
1285	member's child or children, or such member's domestic partner's
1286	child or children, under 18 years of age and unmarried until the
1287	18th birthday of the member's or domestic partner's youngest
1288	child.
1289	4.  The surviving spouse or domestic partner of a member
1290	whose benefit terminated because of remarriage or subsequent
1291	domestic partnership shall have the benefit reinstated beginning
1292	July 1, 1993, at an amount that would have been payable had the
1293	benefit not been terminated.
1294	(e)  The surviving spouse or domestic partner or other
1295	dependent of any member, except a member who participated in the
1296	Deferred Retirement Option Program, whose employment is
1297	terminated by death shall, upon application to the
1298	administrator, be permitted to pay the required contributions
1299	for any service performed by the member which could have been
1300	claimed by the member at the time of his or her death. Such
1301	service shall be added to the creditable service of the member
1302	and shall be used in the calculation of any benefits which may
1303	be payable to the surviving spouse or domestic partner or other
1304	surviving dependent.
1305	(g)  Notwithstanding any other provisions in this chapter
1306	to the contrary, if any member who is vested dies and the
1307	surviving spouse or domestic partner receives a refund of the
1308	accumulated contributions made to the retirement trust fund,
1309	such spouse or domestic partner may pay to the Division of
1310	Retirement an amount equal to the sum of the amount of the
1311	deceased member's accumulated contributions previously refunded
1312	plus interest at 4 percent compounded annually each June 30 from
1313	the date of refund until July 1, 1975, and 6.5 percent interest
1314	compounded annually thereafter, until full payment is made, and
1315	receive the monthly retirement benefit as provided in paragraph
1316	(b).
1317	(h)  The designated beneficiary who is the surviving spouse
1318	or domestic partner or other dependent of a member whose
1319	employment is terminated by death subsequent to becoming vested,
1320	but prior to actual retirement, may elect to receive a deferred
1321	monthly benefit as if the member had lived and had elected a
1322	deferred monthly benefit, as provided in paragraph (5)(b),
1323	calculated on the basis of the average final compensation and
1324	creditable service of the member at his or her death and the age
1325	the member would have attained on the commencement date of the
1326	deferred benefit elected by the beneficiary, paid in accordance
1327	with option 3 of paragraph (6)(a).
1328	(8)  DESIGNATION OF BENEFICIARIES.--
1329	(a)  Each member may, on a form provided for that purpose,
1330	signed and filed with the division, designate a choice of one or
1331	more persons, named sequentially or jointly, as his or her
1332	beneficiary who shall receive the benefits, if any, which may be
1333	payable in the event of the member's death pursuant to the
1334	provisions of this chapter. If no beneficiary is named in the
1335	manner provided above, or if no beneficiary designated by the
1336	member survives the member, the beneficiary shall be the spouse
1337	or domestic partner of the deceased, if living. If the member's
1338	spouse or domestic partner is not alive at his or her death, the
1339	beneficiary shall be the living children of the member. If no
1340	children survive, the beneficiary shall be the member's father
1341	or mother, if living; otherwise, the beneficiary shall be the
1342	member's estate. The beneficiary most recently designated by a
1343	member on a form or letter filed with the division shall be the
1344	beneficiary entitled to any benefits payable at the time of the
1345	member's death, except that benefits shall be paid as provided
1346	in paragraph (7)(d) when death occurs in the line of duty.
1347	Notwithstanding any other provisions in this subsection to the
1348	contrary, for a member who dies prior to his or her effective
1349	date of retirement on or after January 1, 1999, the spouse or
1350	domestic partner at the time of death shall be the member's
1351	beneficiary unless such member designates a different
1352	beneficiary as provided herein subsequent to the member's most
1353	recent marriage.
1354	(11)  DETERMINATION OF BENEFIT OF CERTAIN MEMBERS
1355	CONTINUING IN ACTIVE SERVICE.--A member who becomes eligible to
1356	retire and has accumulated the maximum benefit of 100 percent of
1357	average final compensation may continue in active service, and,
1358	if upon the member's retirement the member elects to receive a
1359	retirement compensation pursuant to subsection (2), subsection
1360	(6), or subsection (7), the actuarial equivalent percentage
1361	factor applicable to the age of such member at the time the
1362	member reached the maximum benefit and to the age, at that time,
1363	of the member's spouse or domestic partner shall determine the
1364	amount of benefits to be paid.
1365	(13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general, and
1366	subject to the provisions of this section, the Deferred
1367	Retirement Option Program, hereinafter referred to as the DROP,
1368	is a program under which an eligible member of the Florida
1369	Retirement System may elect to participate, deferring receipt of
1370	retirement benefits while continuing employment with his or her
1371	Florida Retirement System employer. The deferred monthly
1372	benefits shall accrue in the System Trust Fund on behalf of the
1373	participant, plus interest compounded monthly, for the specified
1374	period of the DROP participation, as provided in paragraph (c).
1375	Upon termination of employment, the participant shall receive
1376	the total DROP benefits and begin to receive the previously
1377	determined normal retirement benefits. Participation in the DROP
1378	does not guarantee employment for the specified period of DROP.
1379	Participation in the DROP by an eligible member beyond the
1380	initial 60-month period as authorized in this subsection shall
1381	be on an annual contractual basis for all participants.
1382	(c)  Benefits payable under the DROP.--
1383	1.  Effective with the date of DROP participation, the
1384	member's initial normal monthly benefit, including creditable
1385	service, optional form of payment, and average final
1386	compensation, and the effective date of retirement shall be
1387	fixed. The beneficiary established under the Florida Retirement
1388	System shall be the beneficiary eligible to receive any DROP
1389	benefits payable if the DROP participant dies prior to the
1390	completion of the period of DROP participation. In the event a
1391	joint annuitant predeceases the member, the member may name a
1392	beneficiary to receive accumulated DROP benefits payable. Such
1393	retirement benefit, the annual cost of living adjustments
1394	provided in s. 121.101, and interest shall accrue monthly in the
1395	System Trust Fund. Such interest shall accrue at an effective
1396	annual rate of 6.5 percent compounded monthly, on the prior
1397	month's accumulated ending balance, up to the month of
1398	termination or death.
1399	2.  Each employee who elects to participate in the DROP
1400	shall be allowed to elect to receive a lump-sum payment for
1401	accrued annual leave earned in accordance with agency policy
1402	upon beginning participation in the DROP. Such accumulated leave
1403	payment certified to the division upon commencement of DROP
1404	shall be included in the calculation of the member's average
1405	final compensation. The employee electing such lump-sum payment
1406	upon beginning participation in DROP will not be eligible to
1407	receive a second lump-sum payment upon termination, except to
1408	the extent the employee has earned additional annual leave which
1409	combined with the original payment does not exceed the maximum
1410	lump-sum payment allowed by the employing agency's policy or
1411	rules. Such early lump-sum payment shall be based on the hourly
1412	wage of the employee at the time he or she begins participation
1413	in the DROP. If the member elects to wait and receive such lump-
1414	sum payment upon termination of DROP and termination of
1415	employment with the employer, any accumulated leave payment made
1416	at that time cannot be included in the member's retirement
1417	benefit, which was determined and fixed by law when the employee
1418	elected to participate in the DROP.
1419	3.  The effective date of DROP participation and the
1420	effective date of retirement of a DROP participant shall be the
1421	first day of the month selected by the member to begin
1422	participation in the DROP, provided such date is properly
1423	established, with the written confirmation of the employer, and
1424	the approval of the division, on forms required by the division.
1425	4.  Normal retirement benefits and interest thereon shall
1426	continue to accrue in the DROP until the established termination
1427	date of the DROP, or until the participant terminates employment
1428	or dies prior to such date. Although individual DROP accounts
1429	shall not be established, a separate accounting of each
1430	participant's accrued benefits under the DROP shall be
1431	calculated and provided to participants.
1432	5.  At the conclusion of the participant's DROP, the
1433	division shall distribute the participant's total accumulated
1434	DROP benefits, subject to the following provisions:
1435	a.  The division shall receive verification by the
1436	participant's employer or employers that such participant has
1437	terminated employment as provided in s. 121.021(39)(b).
1438	b.  The terminated DROP participant or, if deceased, such
1439	participant's named beneficiary, shall elect on forms provided
1440	by the division to receive payment of the DROP benefits in
1441	accordance with one of the options listed below. For a
1442	participant or beneficiary who fails to elect a method of
1443	payment within 60 days of termination of the DROP, the division
1444	will pay a lump sum as provided in sub-sub-subparagraph (I).
1445	(I)  Lump sum.--All accrued DROP benefits, plus interest,
1446	less withholding taxes remitted to the Internal Revenue Service,
1447	shall be paid to the DROP participant or surviving beneficiary.
1448	(II)  Direct rollover.--All accrued DROP benefits, plus
1449	interest, shall be paid from the DROP directly to the custodian
1450	of an eligible retirement plan as defined in s. 402(c)(8)(B) of
1451	the Internal Revenue Code. However, in the case of an eligible
1452	rollover distribution to the surviving spouse or domestic
1453	partner of a deceased participant, an eligible retirement plan
1454	is an individual retirement account or an individual retirement
1455	annuity as described in s. 402(c)(9) of the Internal Revenue
1456	Code.
1457	(III)  Partial lump sum.--A portion of the accrued DROP
1458	benefits shall be paid to the DROP participant or surviving
1459	spouse or domestic partner, less withholding taxes remitted to
1460	the Internal Revenue Service, and the remaining DROP benefits
1461	shall be transferred directly to the custodian of an eligible
1462	retirement plan as defined in s. 402(c)(8)(B) of the Internal
1463	Revenue Code. However, in the case of an eligible rollover
1464	distribution to the surviving spouse or domestic partner of a
1465	deceased participant, an eligible retirement plan is an
1466	individual retirement account or an individual retirement
1467	annuity as described in s. 402(c)(9) of the Internal Revenue
1468	Code. The proportions shall be specified by the DROP participant
1469	or surviving beneficiary.
1470	c.  The form of payment selected by the DROP participant or
1471	surviving beneficiary complies with the minimum distribution
1472	requirements of the Internal Revenue Code.
1473	d.  A DROP participant who fails to terminate employment as
1474	defined in s. 121.021(39)(b) shall be deemed not to be retired,
1475	and the DROP election shall be null and void. Florida Retirement
1476	System membership shall be reestablished retroactively to the
1477	date of the commencement of the DROP, and each employer with
1478	whom the participant continues employment shall be required to
1479	pay to the System Trust Fund the difference between the DROP
1480	contributions paid in paragraph (i) and the contributions
1481	required for the applicable Florida Retirement System class of
1482	membership during the period the member participated in the
1483	DROP, plus 6.5 percent interest compounded annually.
1484	6.  The accrued benefits of any DROP participant, and any
1485	contributions accumulated under such program, shall not be
1486	subject to assignment, execution, attachment, or to any legal
1487	process whatsoever, except for qualified domestic relations
1488	orders by a court of competent jurisdiction, income deduction
1489	orders as provided in s. 61.1301, and federal income tax levies.
1490	7.  DROP participants shall not be eligible for disability
1491	retirement benefits as provided in subsection (4).
1492	Section 24.  Paragraph (c) of subsection (5) of section
1493	121.35, Florida Statutes, is amended to read:
1494	121.35  Optional retirement program for the State
1495	University System.--
1496	(5)  BENEFITS.--
1497	(c)  Survivor benefits shall be payable as:
1498	1.  A lump-sum distribution payable to the beneficiaries or
1499	to the deceased participant's estate;
1500	2.  An eligible rollover distribution on behalf of the
1501	surviving spouse or domestic partner of a deceased participant,
1502	whereby all accrued benefits, plus interest and investment
1503	earnings, are paid from the deceased participant's account
1504	directly to an eligible retirement plan, as described in s.
1505	402(c)(8)(B) of the Internal Revenue Code, on behalf of the
1506	surviving spouse or domestic partner;
1507	3.  Such other distribution options as are provided for in
1508	the participant's optional retirement program contract; or
1509	4.  A partial lump-sum payment whereby a portion of the
1510	accrued benefit is paid to the deceased participant's surviving
1511	spouse or domestic partner or other designated beneficiaries,
1512	less withholding taxes remitted to the Internal Revenue Service,
1513	if any, and the remaining amount is transferred directly to an
1514	eligible retirement plan, as described in s. 402(c)(8)(B) of the
1515	Internal Revenue Code, on behalf of the surviving spouse or
1516	domestic partner. The proportions must be specified by the
1517	participant or the surviving beneficiary.
1518
1519	This paragraph does not abrogate other applicable provisions of
1520	state or federal law providing payment of death benefits.
1521	Section 25.  Subsection (8) of section 121.40, Florida
1522	Statutes, is amended to read:
1523	121.40  Cooperative extension personnel at the Institute of
1524	Food and Agricultural Sciences; supplemental retirement
1525	benefits.--
1526	(8)  DEATH BENEFITS.--
1527	(a)  If the employment of a participant of this program is
1528	terminated by reason of his or her death subsequent to the
1529	completion of 10 years of creditable service with the institute
1530	but prior to his or her actual retirement, such 10-year period
1531	having commenced on or after December 1, 1970, it shall be
1532	assumed that the participant had met all of the eligibility
1533	requirements under this section and had retired from the federal
1534	Civil Service Retirement System and under this section as of the
1535	date of death, having elected, in accordance with subsection
1536	(7), the optional form of supplemental payment most favorable to
1537	his or her beneficiary, as determined by the administrator. The
1538	monthly supplemental benefit provided in this paragraph shall be
1539	paid to the participant's beneficiary (spouse, domestic partner,
1540	or other financial dependent) upon such beneficiary's attaining
1541	the age of 62 and shall be paid thereafter for the beneficiary's
1542	lifetime.
1543	(b)  If a participant of this program dies subsequent to
1544	his or her actual retirement under the federal Civil Service
1545	Retirement System but prior to attaining age 62, and such
1546	participant was otherwise eligible for supplemental benefits
1547	under this section, it shall be assumed that the participant had
1548	met all of the eligibility requirements under this section and
1549	had retired as of the date of death, having elected, in
1550	accordance with subsection (7), the optional form of
1551	supplemental payment most favorable to his or her beneficiary,
1552	as determined by the administrator. The monthly supplemental
1553	benefit provided in this paragraph shall be paid to the
1554	participant's beneficiary (spouse, domestic partner, or other
1555	financial dependent) upon such beneficiary's attaining the age
1556	of 62 and shall be paid thereafter for the beneficiary's
1557	lifetime.
1558	Section 26.  Paragraph (a) of subsection (20) of section
1559	121.4501, Florida Statutes, is amended to read:
1560	121.4501  Public Employee Optional Retirement Program.--
1561	(20)  DESIGNATION OF BENEFICIARIES.--
1562	(a)  Each participant may, on a form provided for that
1563	purpose, signed and filed with the third-party administrator,
1564	designate a choice of one or more persons, named sequentially or
1565	jointly, as his or her beneficiary who shall receive the
1566	benefits, if any, which may be payable pursuant to this chapter
1567	in the event of the participant's death. If no beneficiary is
1568	named in this manner, or if no beneficiary designated by the
1569	participant survives the participant, the beneficiary shall be
1570	the spouse or domestic partner of the deceased, if living. If
1571	the participant's spouse or domestic partner is not alive at his
1572	or her death, the beneficiary shall be the living children of
1573	the participant or the living children of the participant's
1574	domestic partner. If no children survive, the beneficiary shall
1575	be the participant's father or mother, if living; otherwise, the
1576	beneficiary shall be the participant's estate. The beneficiary
1577	most recently designated by a participant on a form or letter
1578	filed with the third-party administrator shall be the
1579	beneficiary entitled to any benefits payable at the time of the
1580	participant's death. Notwithstanding any other provision in this
1581	subsection to the contrary, for a participant who dies prior to
1582	his or her effective date of retirement, the spouse or domestic
1583	partner at the time of death shall be the participant's
1584	beneficiary unless such participant designates a different
1585	beneficiary as provided in this subsection subsequent to the
1586	participant's most recent marriage or domestic partnership.
1587	Section 27.  Paragraph (c) of subsection (3) of section
1588	121.591, Florida Statutes, is amended to read:
1589	121.591  Benefits payable under the Public Employee
1590	Optional Retirement Program of the Florida Retirement
1591	System.--Benefits may not be paid under this section unless the
1592	member has terminated employment as provided in s.
1593	121.021(39)(a) or is deceased and a proper application has been
1594	filed in the manner prescribed by the state board or the
1595	department. The state board or department, as appropriate, may
1596	cancel an application for retirement benefits when the member or
1597	beneficiary fails to timely provide the information and
1598	documents required by this chapter and the rules of the state
1599	board and department. In accordance with their respective
1600	responsibilities as provided herein, the State Board of
1601	Administration and the Department of Management Services shall
1602	adopt rules establishing procedures for application for
1603	retirement benefits and for the cancellation of such application
1604	when the required information or documents are not received. The
1605	State Board of Administration and the Department of Management
1606	Services, as appropriate, are authorized to cash out a de
1607	minimis account of a participant who has been terminated from
1608	Florida Retirement System covered employment for a minimum of 6
1609	calendar months. A de minimis account is an account containing
1610	employer contributions and accumulated earnings of not more than
1611	$5,000 made under the provisions of this chapter. Such cash-out
1612	must either be a complete lump-sum liquidation of the account
1613	balance, subject to the provisions of the Internal Revenue Code,
1614	or a lump-sum direct rollover distribution paid directly to the
1615	custodian of an eligible retirement plan, as defined by the
1616	Internal Revenue Code, on behalf of the participant. If any
1617	financial instrument issued for the payment of retirement
1618	benefits under this section is not presented for payment within
1619	180 days after the last day of the month in which it was
1620	originally issued, the third-party administrator or other duly
1621	authorized agent of the State Board of Administration shall
1622	cancel the instrument and credit the amount of the instrument to
1623	the suspense account of the Public Employee Optional Retirement
1624	Program Trust Fund authorized under s. 121.4501(6). Any such
1625	amounts transferred to the suspense account are payable upon a
1626	proper application, not to include earnings thereon, as provided
1627	in this section, within 10 years after the last day of the month
1628	in which the instrument was originally issued, after which time
1629	such amounts and any earnings thereon shall be forfeited. Any
1630	such forfeited amounts are assets of the Public Employee
1631	Optional Retirement Program Trust Fund and are not subject to
1632	the provisions of chapter 717.
1633	(3)  DEATH BENEFITS.--Under the Public Employee Optional
1634	Retirement Program:
1635	(c)  Upon receipt by the third-party administrator of a
1636	properly executed application for distribution of benefits, the
1637	total accumulated benefit shall be payable by the third-party
1638	administrator to the participant's surviving beneficiary or
1639	beneficiaries, as:
1640	1.  A lump-sum distribution payable to the beneficiary or
1641	beneficiaries, or to the deceased participant's estate;
1642	2.  An eligible rollover distribution on behalf of the
1643	surviving spouse or domestic partner of a deceased participant,
1644	whereby all accrued benefits, plus interest and investment
1645	earnings, are paid from the deceased participant's account
1646	directly to the custodian of an eligible retirement plan, as
1647	described in s. 402(c)(8)(B) of the Internal Revenue Code, on
1648	behalf of the surviving spouse or domestic partner; or
1649	3.  A partial lump-sum payment whereby a portion of the
1650	accrued benefit is paid to the deceased participant's surviving
1651	spouse or domestic partner or other designated beneficiaries,
1652	less withholding taxes remitted to the Internal Revenue Service,
1653	and the remaining amount is transferred directly to the
1654	custodian of an eligible retirement plan, as described in s.
1655	402(c)(8)(B) of the Internal Revenue Code, on behalf of the
1656	surviving spouse or domestic partner. The proportions must be
1657	specified by the participant or the surviving beneficiary.
1658
1659	This paragraph does not abrogate other applicable provisions of
1660	state or federal law providing for payment of death benefits.
1661	Section 28.  Subsection (5) of section 122.02, Florida
1662	Statutes, is amended to read:
1663	122.02  Definitions.--The following words and phrases as
1664	used in this chapter shall have the following meaning unless a
1665	different meaning is plainly required by the context:
1666	(5)  If compensation for accumulated annual leave is due
1667	and payable and is paid to the surviving spouse or domestic
1668	partner and the necessary contribution is made to the retirement
1669	trust fund, time for accumulated annual leave, not to exceed 30
1670	working days, shall be added to the aggregate number of years
1671	service and to the member's age, provided such time is needed to
1672	make the member eligible for retirement benefits at the time of
1673	death, in which event the retirement benefits shall be computed
1674	on the basis of the retirement age specified in s. 122.08(1) and
1675	(2)(a) if the member died prior to July 1, 1963, or on the basis
1676	of a retirement age of 65 years if the member died on or after
1677	July 1, 1963. Otherwise aggregate number of years of service
1678	shall mean the total number of years, and fractional parts of
1679	years, of service of any officer or employee omitting
1680	intervening years and fractional parts of years, when such
1681	officer or employee may not be employed by the state or county.
1682	Provided that any nonacademic employee of a school board shall
1683	receive a full year's service credit for all years under the
1684	following conditions:
1685	(a)  Provided all necessary contributions have been made to
1686	the retirement trust fund.
1687	(b)  Provided the employee is employed and receives salary
1688	for the full school year.
1689	Section 29.  Subsections (8) and (9) of section 122.03,
1690	Florida Statutes, are amended to read:
1691	122.03  Contributions; participants; prior service
1692	credit.--
1693	(8)  Any surviving spouse or domestic partner of a county
1694	official or former county official, who was formerly employed
1695	full time in the office of the county official and who is
1696	presently employed by the said county official or is a county
1697	official of any such county and who did not receive compensation
1698	for a period of more than 10 years as such employee, may receive
1699	credit for retirement purposes as provided for in this chapter
1700	by:
1701	(a)  Contributing to the said retirement trust fund on a
1702	salary computed on the basis of one-third of the compensation
1703	received by the said county official for the period of time the
1704	said employee did not receive any compensation, and interest on
1705	said contribution shall be paid at the rate of 3 percent per
1706	annum from July 1, 1945.
1707	(b)  Submitting affidavits from two county officials or
1708	former county officials from any such county to substantiate
1709	said employment.
1710	(9)  The surviving spouse, domestic partner, or other
1711	dependent of any member whose employment is terminated by death
1712	shall, upon application to the department, be permitted to pay
1713	the required contributions for any service performed by the
1714	member which could have been claimed by the member at the time
1715	of death. Such service shall be added to the creditable service
1716	of the member and shall be used in the calculation of any
1717	benefits which may be payable to the surviving spouse, domestic
1718	partner, or other surviving dependent.
1719	Section 30.  Subsections (4) and (9) of section 122.08,
1720	Florida Statutes, are amended to read:
1721	122.08  Requirements for retirement;
1722	classifications.--There shall be two retirement classifications
1723	for all state and county officers and employees participating
1724	herein as hereafter provided in this section:
1725	(4)(a)  Any state or county officer or employee shall have
1726	the right at any time prior to receipt of his or her first
1727	monthly installment of retirement compensation to elect to
1728	receive a reduced retirement compensation with the provision
1729	that the surviving spouse or domestic partner shall continue to
1730	draw such reduced retirement compensation, or one-half thereof
1731	if so designated, so long as such spouse or domestic partner
1732	shall live. The amount of such reduced retirement compensation
1733	shall be the actuarial equivalent of the amount of such
1734	retirement compensation otherwise payable to such officer or
1735	employee. Any state or county officer or employee who becomes
1736	eligible for retirement and continues to hold office or be
1737	employed shall be construed to have selected the option herein
1738	which will afford the surviving spouse or domestic partner the
1739	greatest amount of benefits. Should such officer or employee die
1740	before retiring, his or her surviving spouse or domestic partner
1741	shall be entitled to receive either the accumulated
1742	contributions of such officer or employee at the date of death
1743	or the reduced retirement compensation to which the surviving
1744	spouse or domestic partner would have been entitled under such
1745	option, calculated on the assumption that such officer or
1746	employee retired on the date of death; provided, that for all
1747	those persons who become members of the retirement system on or
1748	after July 1, 1963, the amount of retirement compensation
1749	otherwise payable to the member at the date of death shall be
1750	determined on the basis of a retirement age of 62 years. Any
1751	officer or employee shall have the right at the time of
1752	retirement to change the option so provided; and, should the
1753	option be changed or not at the time of retirement, such option
1754	shall be effective immediately upon retirement and thereafter
1755	may not be revoked.
1756	(b)  A member who elects an option in paragraph (a) shall
1757	on a form provided for that purpose designate his or her spouse
1758	or domestic partner as beneficiary to receive the benefits which
1759	continue to be payable upon the death of the member. After such
1760	benefits have commenced under an option in paragraph (a), the
1761	retired member may change the designation of his or her spouse
1762	or domestic partner as beneficiary only twice. If such a retired
1763	member remarries or enters a subsequent domestic partnership and
1764	wishes to make such a change, he or she may do so by filing with
1765	the department a notarized change of spouse or domestic partner
1766	designation form and shall notify the former spouse or domestic
1767	partner in writing of such change. Upon receipt of a completed
1768	change of spouse or domestic partner designation form, the
1769	department shall adjust the member's monthly benefit by the
1770	application of actuarial tables and calculations developed to
1771	ensure that the benefit paid is the actuarial equivalent of the
1772	present value of the member's current benefit. The consent of a
1773	retired member's formerly designated spouse or domestic partner
1774	as beneficiary to any such change shall not be required.
1775	(9)  Notwithstanding any other provision in this chapter to
1776	the contrary, the following provisions shall apply to any
1777	officer or employee who has accumulated at least 10 years of
1778	service and dies:
1779	(a)  If the deceased member's surviving spouse or domestic
1780	partner has previously received a refund of the member's
1781	contributions made to the retirement trust fund, such spouse or
1782	domestic partner may pay to the department an amount equal to
1783	the sum of the amount of the deceased member's contributions
1784	previously refunded and interest at 3 percent compounded
1785	annually on the amount of such refunded contributions from the
1786	date of refund until July 1, 1975, and thereafter at the rate of
1787	6.5 percent interest compounded annually to the date of payment
1788	to the department, and by so doing be entitled to receive the
1789	monthly retirement benefit provided in paragraph (c).
1790	(b)  If the deceased member's surviving spouse or domestic
1791	partner has not received a refund of the deceased member's
1792	contributions, such spouse or domestic partner shall, upon
1793	application to the department, receive the monthly retirement
1794	benefit provided in paragraph (c).
1795	(c)  The monthly benefit payable to the spouse or domestic
1796	partner described in paragraph (a) or paragraph (b) shall be the
1797	amount which would have been payable to the deceased member's
1798	spouse or domestic partner, assuming that the member retired on
1799	the date of death and had selected the option in subsection (4)
1800	which would afford the surviving spouse or domestic partner the
1801	greatest amount of benefits, such benefit to be based on the
1802	ages of the spouse or domestic partner and member as of the date
1803	of death of the member. Such benefit shall commence on the first
1804	day of the month following the payment of the aforesaid amount
1805	to the department, if paragraph (a) is applicable, or on the
1806	first day of the month following the receipt of the spouse's or
1807	domestic partner's application by the department, if paragraph
1808	(b) is applicable.
1809	Section 31.  Paragraphs (a) and (b) of subsection (6) of
1810	section 122.34, Florida Statutes, are amended to read:
1811	122.34  Special provisions for certain sheriffs and full-
1812	time deputy sheriffs.--
1813	(6)(a)  The surviving spouse or domestic partner of any
1814	high hazard member hereafter killed in the line of duty shall
1815	receive a monthly pension equal to one-half the monthly salary
1816	drawn by the deceased member at the time of death for the rest
1817	of his or her life, unless he or she remarries or enters a
1818	subsequent domestic partnership, in which case the pension shall
1819	terminate at the date of the remarriage or subsequent domestic
1820	partnership.
1821	(b)  Any sums of money which would have accrued to such
1822	surviving spouse or domestic partner had he or she lived until
1823	the 18th birthday of such high hazard member's youngest child
1824	shall accrue, share and share alike, for the use and benefit of
1825	such member's child or children under 18 years of age and
1826	unmarried during such minority. Such sums, as the same would
1827	have accrued to such surviving spouse or domestic partner, shall
1828	be paid to the legal guardian of the estate of such child or
1829	children, or either of them, during such minority to age 18
1830	years.
1831	Section 32.  This act shall take effect July 1, 2008.

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