Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1356
       
       
       
       
       
       
                                Ì127046'Î127046                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  02/26/2016           .                                
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       Appropriations Subcommittee on Education (Stargel) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (8) of section 1012.33, Florida
    6  Statutes, is amended to read:
    7         1012.33 Contracts with instructional staff, supervisors,
    8  and school principals.—
    9         (8) Notwithstanding any other provision of law, a retired
   10  member may interrupt retirement and be reemployed in any public
   11  school as instructional personnel under a 1-year probationary
   12  contract, as defined in s. 1012.335(1). If the retiree
   13  successfully completes the probationary contract, the district
   14  school board may reemploy the retiree under an annual contract
   15  as defined in s. 1012.335(1). The retiree is not eligible for a
   16  professional service contract A member reemployed by the same
   17  district from which he or she retired may be employed on a
   18  probationary contractual basis as provided in subsection (1).
   19         Section 2. The Legislature finds that the opinion of the
   20  Fifth District Court of Appeal in Orange County School Board v.
   21  Rachman, 87 So.3d 48 (Fla. 5th DCA 2012), interprets s. 1012.33
   22  and s. 121.091, Florida Statutes (2010), in a manner that is
   23  inconsistent with the intent of the Legislature. Those statutes
   24  were not intended to allow a retiree to qualify for a
   25  professional service contract.
   26         Section 3. The amendment made to subsection (8) of s.
   27  1012.33, Florida Statutes, is remedial in nature, is intended to
   28  clarify existing law, and applies retroactively to retirees who
   29  have been reemployed as instructional personnel but who do not
   30  hold a professional service contract. Furthermore, this act does
   31  not provide a basis to void a professional service contract held
   32  before the effective date of this act.
   33         Section 4. This act shall take effect upon becoming a law.
   34  ================= T I T L E  A M E N D M E N T ================
   35  And the title is amended as follows:
   36         Delete everything before the enacting clause
   37  and insert:
   38                        A bill to be entitled                      
   39         An act relating to employment after retirement of
   40         school district personnel; amending s. 1012.33, F.S.;
   41         revising provisions relating to reemployment of
   42         retirees as instructional personal on a contract
   43         basis; providing legislative intent regarding a
   44         judicial opinion relating to the eligibility of a
   45         retiree for a professional service contract; providing
   46         for the retroactive application of the act relating to
   47         retirees who have not been awarded a professional
   48         service contract; providing an effective date.