Legislation, The Law, & Public Records

2003 FRS & Local Retirement Bills Report

Bills Enacted into Law

The 2003 Florida Legislature has passed several retirement bills and related bills of significance to members of the Florida Retirement System (FRS) and other public retirement plans in the 2003 Regular and Special Session(s). ¹ These bills must be approved by the Governor before they will be enacted into law. A brief summary of each passed bill follows:

General Bills Passed

SB 4A, Enrolled
Approved, Chapter No. 2003-399

Effective July 1, 2003, this act implements the 2003-2004 General Appropriations Act. For 1 year only (from July 1, 2003, through June 30, 2004):
•	Section 40 of the act allows members of the FRS to buy credit under the system for up to 10 years of out-of-state public service under s. 121.1115, F.S.
•	Section 42 of the act allows members to buy up to an additional 5 years of in-state service in public employment or in accredited nonpublic schools and colleges under s. 121.1122, F.S.
(In addition to temporarily raising the limit on out-of-state service credit purchases from 5 to 10 years, the act temporarily removes the aggregate 5-year limit that otherwise applies to purchases of in-state and out-of-state service credit, combined.)

SB 8A, Enrolled
Approved, Chapter No. 2003-400
Effective July 1, 2003, this act imposes service charges on specified trust funds for deposit in the General Revenue Fund to cover the cost of general government. (The FRS Trust Fund and other employee benefit and retirement funds are exempted from this requirement under s. 215.22, F.S.)

SB 30A, Enrolled
Approved, Chapter No. 2003-391
This act implements the 2002 “Class Size Amendment” to the Florida Constitution. Effective June 1, 2003, section 8 of the act amends the retirement laws governing the FRS Pension Plan to extend the participation period under the Deferred Retirement Option Program (DROP) from a maximum of 60 months to a maximum of 96 months for certain instructional personnel in the Florida School for the Deaf and the Blind and in district school grades K-12, subject to required authorization. (For more on the DROP extension, click here.)

HB 51A, Enrolled
Approved, Chapter No. 2003-392
Effective July 1, 2003, this act implements the 2002 constitutional amendment to require a single state university system comprised of all public universities, with a board of trustees over each university and a board of governors governing the state university system. With respect to matters affecting retirement, section 4 of the act places a $225,000 cap on the annual compensation of university presidents.

CS/HB 847, Enrolled
Approved, Chapter No. 2003-158
Effective October 1, 2003, this act, known as the “Paul Mendelson Citizens' Right to Honest Government Act,” modifies penalties for violations of crimes under ch. 838, F.S., covering official misconduct, bid tampering, bribery, and other crimes involving the misuse of public office. Because, under Florida law, members of public pension plans must forfeit their entitlement to future retirement benefits under certain circumstances, including commission of a felony under ch. 838, F.S., the act potentially affects active members of public retirement plans by changing the number and nature of offenses that could ultimately lead to required forfeiture.

CS/CS/SB 958, Enrolled Approved, Chapter No. 2003-260 Subject to approval by the Governor, CS/CS/SB 958, Enrolled, makes miscellaneous changes affecting the Florida Retirement System (FRS) and optional programs available under the system, as described in the following paragraphs:
•	Community College Optional Retirement Program (CCORP).— The bill provides that any employee of a public community college or public charter technical career center who elects (or has elected) to withdraw from the FRS and participate in CCORP will have one opportunity, at the employee's discretion, to transfer from the CCORP to the FRS Pension Plan or to the FRS Investment Plan, subject to the terms of applicable CCORP contracts. Upon transfer to the FRS Investment Plan, any moneys in the CCORP account will be retained by the employee in that account and all future employer contributions will go into the FRS Investment Plan account. Upon transfer to the FRS Pension Plan, the employee will receive service credit equal to his or her years of service under the CCORP, for which he/she must pay an amount equal to the value of that service credit. The bill also modifies the CCORP plan structure to allow the acceptance of rollovers into participant accounts, modify benefit payment provisions, and expand participant distribution options under the program. (Survivor benefit payout options are similarly expanded.) The bill modifies CCORP enrollment provisions and increases the CCORP enrollment period from 60 days to 90 days. And, finally, the bill requires approval of administrative fees by district boards of trustees, rather than by the colleges themselves.
•	Reemployment limitations.— The bill expands exceptions to post-retirement reemployment limitations under the FRS Pension Plan to permit retirees of the FRS Pension Plan to become employed with a district school board after having been retired for 1 calendar month, without further restriction. To qualify, a retiree must be employed as a K-12 classroom teacher hired on an annual contractual basis, or as a substitute or hourly teacher, education paraprofessional, transportation assistant, bus driver, or food service worker hired on a noncontractual basis.
•	Extension of DROP period.— Effective June 1, 2003, the bill allows certain K-12 instructional personnel, with authorization of their district school superintendent, to extend participation in the Deferred Retirement Option Program (DROP) for up to an additional 36 months (for a maximum of 96 months in DROP). The following members may qualify for the DROP extension: Classroom teachers; student personnel services staff (guidance counselors, social workers and school psychologists); librarians and media specialists; and other instructional staff (primary specialists, learning resource specialists, instructional trainers, adjunct educators, and similar positions). The DROP extension does not apply to school administrators or education paraprofessionals, nor does it apply to pre-K instructional or administrative staff.
•	Contribution rates.— The bill establishes uniform retirement contribution rates for each class and subclass of the Florida Retirement System. Rates for FY 2003/04 are the normal cost rates for each class, subsidized by a rate reduction funded by use of surplus actuarial assets. Rates established for the following FY 2004/05 reflect the unreduced normal cost rate for each class/subclass as determined by the FRS consulting actuary, plus funding for reemployment changes. The bill also reduces the fee that FRS employers pay to offset certain administrative and educational costs. Lastly, the bill adjusts the rate for the Institute of Food and Agricultural Sciences Supplemental Retirement Program. (For more on the contribution rates, click here.)
CS/SB 2334, Enrolled Vetoed This bill would have allowed municipalities having Municipal Firefighter/Police Pension Plans authorized under chs. 175 and 185, F.S., to provide extra benefits under such firefighter/police pension plans before receiving additional premium tax revenues, according to specified procedure. The bill included special provisions for cities that entered into a collective bargaining agreement before July 1, 2003, and would have required the Division of Retirement to review and approve a prefunding plan for firefighters and police officers before implementation. [See Veto Message (PDF)]

Local Bills Passed
HB 517, Enrolled Approved, Chapter No. 2003-329 This local act relates to retirees of the Lee County Sheriff's Office. Effective June 23, 2003, the act revises provisions related to retirees' health insurance coverage to provide for payment of half the cost of coverage for dependents of retirees having at least 20 years of service.
HB 549, Enrolled Approved, Chapter No. 2003-331 This local act relates to the West Palm Beach Police Pension Fund of the City of West Palm Beach, Palm Beach County, as created pursuant to ch. 185, F.S. Effective June 23, 2003, the act provides alternative options for crediting investment earnings to the plan's Share and DROP accounts. The act also allows DROP members to vote in election of the member-trustee and provides for debiting of DROP accounts for costs, fees, and expenses of administration.
HB 603, Enrolled Approved, Chapter No. 2003-338 Subject to approval by the Governor, this local act relates to the General Pension and Retirement Fund of the City of Pensacola, Escambia County. The act revises definitions for the plan and revises provisions for the investments of the plan's assets to enable the plan's pension board and the city to contract with professional money managers to act as agents of the plan's assets.
HB 605, Enrolled Approved, Chapter No. 2003-339 This local act relates to the pension fund of the police department of the City of Orlando, Orange County, created pursuant to ch. 185, F.S. Effective June 23, 2003, the act defines credited service to include both full and fractional years of service; provides for a change in computation of monthly pension benefits for members with 20-25 years of credited service; provides for reinstatement into the pension plan for members who retire and who are subsequently reemployed as sworn members; provides for a BACKDROP retirement option plan as an improvement to the present pension benefits; and provides that certain costs will be paid by plan members.
HB 801, Enrolled Approved, Chapter No. 2003-347 This local act relates to the West Palm Beach Firefighters Pension Fund of the City of West Palm Beach, Palm Beach County, as created pursuant to ch. 175, F.S. Effective June 23, 2003, the act provides alternative options for crediting investment earnings to the plan's Share and DROP accounts. The act also provides for debiting of DROP accounts for costs, fees, and expenses of administration.
Proposed Bills
The following retirement bills and related bills of significance to members of the FRS and other public retirement plans were filed for consideration during the 2003 Regular and Special Session(s) ¹ of the Florida Legislature. (Passed bills are shown in boldface type.) You can access the "Online Sunshine" legislative page for each bill via the appropriate bill link in the subject listing below. From there, you can view any version of the bill (a brief summary appears at the end of the original bill). You can also follow a bill's progress and locate related bills from this page.

	Bills Listed by Subject Area

	Department of Management Services:
		Organizational Structure - SB 1258, HB 1575
	Division of Retirement:
		Organizational Structure - SB 1258, HB 1575
	FRS Membership Classes:
		Elected Officers' Class - HB 815, SB 1926
		Regular Class - HB 265, SB 444, SB 958, SB 1380, SB 1486, HB 1677, SB 2270, SB 2384
		Senior Management Service Class - SB 444, HB 1179
		Special Risk Administrative Support Class - HB 147, SB 2038
		Special Risk Class - HB 147, SB 314, SB 444, HB 941, HB 1341, HB 1619, SB 1906, SB 1950, SB 2038, SB 2206, SB 2298
	FRS Pension Plan Benefits, Rights, and Features:
		Average Final Compensation - HB 21, HB 265, SB 1380, SB 1546
		Benefit Formula - HB 265, HB 1239, SB 1380, SB 1460, SB 1804
		Compensation/Bonuses - HB 319, HB 901, SB 1370
		Disability/Death Benefits - HB 147, HB 1393, SB 2038, SB 2320
		Early Retirement - SB 1486
		Forfeiture of Benefits - HB 3, HB 847, SB 2030
		Indexing of Deferred Benefits - SB 1460
		Normal Retirement - HB 265, HB 815, SB 1380, SB 1486, SB 1926
		Reemployment after Retirement - HB 265, SB 444, SB 958, SB 1380, HB 1677, SB 2270, SB 2384
		Service Credit Purchase - SB 4A, SB 444, HB 641, SB 2682
	FRS Pension Plan, Generally:
		Contributions and Funding - SB 420, SB 958, SB 2502
		Participation - SB 2226
		Plan Administration - SB 1258, HB 1575
		Trust Funds - SB 924, SB 8A, SB 14A
	FRS Programs:
		Community College Optional Retirement Program (CCORP) - SB 958
		Deferred Retirement Option Program (DROP) - HB 83, HB 265, SB 328, HB 703, SB 958, HB 991, SB 1380, SB 1436, SB 1646, HB 1677, HB 1791, SB 2258, SB 2270, SB 2814, SB 30A, HB 47A
		Public Employee Optional Retirement Program (FRS Investment Plan) - SB 420, SB 958, SB 2502
	*Local Pension Plans (see below for Police/Fire plans):*
		HB 549, HB 603, HB 605, HB 801, HB 1603, SB 2566
	Miscellaneous:
		Disability/Death Benefits for Public Employees - HB 147, HB 1393, SB 2038, SB 2320
		IFAS Supplemental Retirement Act - SB 958
		State Retirement Commission - SB 1528
	Police/Fire Plans (chs. 175/185, F.S.):
		Disability - HB 147, SB 2038
		Extra Benefits - HB 1245, SB 2334
		Pension Plans - HB 133, SB 330, HB 1245, HB 1603, SB 2334, SB 2566
		Premium Taxes - HB 133, SB 330, HB 1603, SB 2566
	Retirees and Retiree Benefits:
		Health Insurance Subsidy (HIS) - HB 471, SB 1848
	Schools, Colleges, Universities:
		Benefit Formula - HB 265, SB 444, HB 1239, SB 1370, SB 1380, SB 1804
		Compensation/Bonuses - HB 319, HB 901, SB 1370, SB 36A, HB 51A
		Deferred Retirement Option Program (DROP) - HB 83, HB 265, SB 328, HB 703, SB 958, SB 1380, SB 1436, SB 1646, HB 1677, HB 1791, SB 2270, SB 2814, SB 30A, HB 47A
		Florida School for the Deaf and the Blind - HB 703, SB 30A, HB 47A
		Institute of Food & Agricultural Sciences (IFAS) - SB 958
		Optional Retirement Programs (SUSORP & CCORP) - SB 958
		Reemployment after Retirement - HB 265, SB 444, SB 958, SB 1380, HB 1677, SB 2270, SB 2384
	State-Administered Retirement Systems (other than FRS):
		State Administered Systems, Generally - HB 420
	State Board of Administration:
		Organizational Structure - SB 1258, SB 1488, HB 1575

House Bills
Representatives \| Committees \| Calendars \| Journals
The links on this page lead to web pages on the Florida Legislature's website, Online Sunshine. The links above provide access to members of the Florida House of Representatives, House Committees, the House Calendars, and the House Journals. Each bill summary below includes a link to the bill's legislative page — providing access to bill text, sponsors, committees of reference, amendments, bill history or status, legislative analyses, etc. Bill summaries below provide a brief description of the bill as originally filed for consideration in the 2003 Regular Session or Special Session ¹ , unless stated otherwise.
Special Session Bills:
HB 47A - [died on H Calendar; see SB 30A, Enrolled] This bill by Representative Kilmer would implement the 2002 “Class Size Amendment” to the Florida Constitution. Section 8 of the bill would amend the retirement laws governing the FRS Pension Plan to extend the participation period under the Deferred Retirement Option Program (DROP) from a maximum of 60 months to a maximum of 96 months for certain instructional personnel in the Florida School for the Deaf and the Blind and in district school grades K-12, subject to required authorization.
HB 51A - [passed, approved by Governor] This bill by Representative Mealor would implement the 2002 constitutional amendment to require a single state university system comprised of all public universities, with a board of trustees over each university and a board of governors governing the state university system. With respect to matters affecting retirement, the bill would place a $225,000 cap on the annual compensation of university presidents.
Regular Session Bills:
HB 3 - [withdrawn; see CS/HB 847, Enrolled] This bill by Representative Gelber, would have created the "Citizens' Right to Honest Government Act," to provide criminal penalties for official misconduct, criminal misuse of official position, disclosure or use of confidential criminal justice information, and bid tampering, etc., and delete sections relating to commercial bribery. The bill would have amended forfeiture provisions under ch. 121, F.S., to conform.
HB 21 - [withdrawn] This bill by Representative Detert would have redefined the term “average final compensation” as used under the FRS Pension Plan to mean the 3 highest fiscal years of compensation. Average final compensation is one factor used in calculating retirement benefits under the plan.
CS/HB 83 - [died on H Calendar; see CS/CS/HB 958, Enrolled] This committee substitute by the House Committee on State Administration and Representative Brummer would have extended for 36 months the period of time that FRS Pension Plan members who are employed as K-12 instructional personnel may participate in the Deferred Retirement Option Program (DROP). The extension would have required approval of the district school superintendent. The bill would also have provided a one-time DROP enrollment opportunity for certain active FRS members who previously failed to elect to enter DROP.
CS/HB 133 - [died in H Committee; see CS/SB 2334, Enrolled] This committee substitute by the House Committee on Insurance and Representative Sansom relates to municipal and special district fire and police pension plans under chapters 175 and 185, F.S. The bill would have provided for creation of a database for use by insurers that report and remit premium taxes applied to funding of these pension plans. The bill would also have defined the term "extra benefits" with respect to these pension plans.
HB 147 - [died in H Committee] This bill by Representative Attkisson would have modified provisions relating to FRS special risk members disabled in the line of duty to provide a higher minimum benefit for catastrophic injury due to the felonious act of another. The bill would have also provided a limited exception to reemployment restrictions for retired deputy sheriffs retired for 1 month.
HB 265 - [withdrawn; see CS/CS/SB 958, Enrolled] This bill by Representative Mayfield would have modified retirement provisions for public school members in the FRS Pension Plan. Modifications related to the definition of average final compensation; retirement requirements; normal and early retirement benefits; reemployment restrictions; and Deferred Retirement Option Program participation requirements.
CS/HB 319 - [died in H Returning Msgs] This committee substitute by the House Committee on Education K-20 and Representative Mayfield would have implemented a 2002 constitutional amendment to require a single state university system comprised of all public universities, with a board of trustees administering each university and a board of governors governing the state university system. With respect to matters having an impact on retirement, the bill would have placed a $225,000 cap on the annual compensation of university presidents.
HB 471 - [died in H Committee] This bill by Representative Detert would have increased the retiree health insurance subsidy to $7 per month for each year of service, with a minimum subsidy of $42 and a maximum subsidy of $210. The bill also included a “shell” section to hold contribution rate increases of unknown amounts.
HB 549, 1st Eng. - [passed, Enrolled] This local bill by Representative Domino relates to the West Palm Beach Police Pension Fund (Palm Beach County).
HB 603, 1st Eng. - [passed, Enrolled] This local bill by Representative Murzin relates to the Pensacola/Pension & Retirement Fund (Escambia County).
HB 605 - [passed, Enrolled] This local bill by Representative Gardiner relates to the Orlando Police Department Pension Fund (Orange County).
HB 641 - [died in H Committee] This bill by Representative Vana would have allowed members of the Florida Retirement System to purchase credit under the system for nonqualified service (time not otherwise creditable under any other provisions of the plan). The price would have been the same as is provided under present law for in-state or out-of-state service.
CS/CS/HB 703 - [died on H Calendar; see CS/CS/SB 958, Enrolled] This committee substitute by the House Committees on Education K-20 and Appropriations and Representative Pickens would have created the “Quality Education Act.” With respect to retirement, the bill would have authorized certain instructional personnel and school administrators in community colleges, the Florida School for the Deaf and the Blind, and district schools who receive authorization to extend participation in the Deferred Retirement Option Program (DROP). The bill would also have eliminated retirement coverage for salary supplements paid under the Florida Mentor Teacher School Pilot Program, removing coverage under the FRS Pension Plan.)
HB 801, 1st Eng. - [passed, Enrolled] This local bill by Representative Domino relates to the West Palm Beach Firefighters Pension (Palm Beach County).
HB 815 - [died in H Committee] This bill by Representative Kendrick would have modified retirement provisions under the FRS Pension Plan to allow members of Elected Officers' Class to retire upon completing 25 years of service and attaining age 55.
CS/HB 847, 2nd Eng. - [passed, Enrolled] This committee substitute by the House Procedures Committee and Representative Goodlette creates the “Paul Mendelson Citizens' Right to Honest Government Act,” which provides criminal penalties for official misconduct, disclosure or use of confidential criminal justice information, and bid tampering and provides for related matters. The bill also redefines "bribery" and increases the penalty for bribery. (However, unlike earlier versions, the enrolled version of the bill does not repeal statutes relating to commercial bribery, so the existing retirement law referencing those statutes is unaffected (s. 121.091(5)(f), F.S.).
CS/HB 901 - [died in H Committee] This committee substitute by the House Committee on Education K-20 and Representative Kilmer would have created the BEST Florida Teaching Act of 2003. With respect to retirement, the bill would have eliminated retirement coverage under the FRS Pension Plan for salary supplements paid under the Florida Mentor Teacher School Pilot Program.
HB 941 - [died in H Committee] This bill by Representative Richardson would have expanded the Special Risk Class to include certain treatment and rehabilitation personnel at correctional or forensic facilities.
HB 991 - [died in H Committee] This bill by Representative Murman would have increased the period of time that FRS members employed as registered nurses could have participated in the Deferred Retirement Option Program (DROP) if their continued employment were deemed essential by their employer.
HB 1179 - [died in H Committee] This bill by Representative Ross would have revised the Workers' Compensation Law. Among other changes, the bill would have removed references to “Deputy Chief Judge” and replaced them with references to “Chief Judge”. To conform, the bill would have modified a reference under s. 121.055, F.S., to provide that Chief Judges, rather than Deputy Chief Judges, are compulsory members of the FRS Senior Management Service Class.
HB 1239 - [died in H Committee] This bill by Representative Fiorentino would have modified the benefit formula under the FRS Pension Plan to provide a higher multiplier for Regular Class public school members for their service after a certain “applicability date,” which date would have varied depending upon the member's years of service after July 1, 2004.
CS/CS/HB 1245 - [laid; see CS/SB 2334, Enrolled] This committee substitute by the House Committees on Insurance and Local Government & Veterans' Affairs and Representative Kosmas would have allowed certain municipalities having Municipal Firefighter/Police Pension Plans authorized under chs. 175 and 185, F.S., to provide extra benefits under such firefighter/police pension plans before receiving additional premium tax revenues, according to specified procedure.
HB 1341 - [died in H Committee] This bill by Representative Evers would have expanded the Special Risk Class to include mosquito control FAA-licensed pilots and licensed practical nurses in a correctional or forensic facility or institution if specified criteria were met. The bill would also have restored certain special risk credit for any special risk member who is or was a law enforcement officer for the Department of Environmental Protection's Division of Recreation and Parks or for the Department of Insurances Division of Insurance Fraud (or for a predecessor agency).
HB 1393 - [died in H Committee] This bill by Representative Pickens would have provided that death or disability due to cancer suffered by firefighter or paramedic employed by state or its political subdivisions is presumed accidental and suffered in the line of duty under certain conditions. The bill would also have authorized local governments purchase life and disability insurance having coverage based on such presumption.
CS/CS/HB 1575 - [died in S Committee] This committee substitute by the House Committees on State Administration and Appropriations and Representative Peterman would have transferred the Division of Retirement and its powers, duties, functions, components, and assets from Department of Management Services to the State Board of Administration.
HB 1603 - [died in H Committee] This bill by Representative Stargel related to Local Government Accountability. With respect to retirement, this bill would have required sponsors of local government pension plans to provide certain additional information to the Department of Management Services in actuarial reports provided under s. 112.63, F.S., and would have provided for enforcement procedures in cases of noncompliance, including withholding of funds, subject to hearing.
HB 1619 - [died in H Committee] This bill by Representative Bendross-Mindingall would have expanded the Special Risk Class to include certain members employed by public acute care hospitals that serve as trauma centers and provide treatment to specified members of the public.
HB 1677 - [died in H Committee; see CS/CS/SB 958, Enrolled] This bill by Representative Harrington would have allowed retired teachers to become reemployed by a district school board on a full-time basis, without suspension of benefits, after completing the maximum participation allowed in the Deferred Retirement Option Program (DROP) and being retired for another 30 days. The reemployed member would have been enrolled in the FRS Investment Plan.
HB 1791, 1st Eng. - [died in S Committee] This bill by the House Appropriations Committee was the House version of the Appropriations Implementing Bill. In addition to miscellaneous matters unrelated to retirement, the bill would have established a 45-day period beginning July 1, 2003, during which certain district school administrative personnel who previously failed to elect to participate in the Deferred Retirement Option Program (DROP) could have elected to participate.

Senate Bills
Senators \| Committees \| Calendars \| Journals
The links on this page lead to web pages on the Florida Legislature's website, Online Sunshine. The links above provide access to members of the Florida Senate, Senate Committees, the Senate Calendars, and the Senate Journals. Each bill summary below includes a link to the bill's legislative page — providing access to bill text, sponsors, committees of reference, amendments, bill history or status, legislative analyses, etc. Bill summaries below provide a brief description of the bill as originally filed for consideration in the 2003 Regular Session or Special Session ¹ , unless stated otherwise.
Special Session Bills:
SB 4A - [passed, ordered Enrolled] This bill by the Senate Appropriations Committee would implement the 2003/2004 General Appropriations Act. Sections 40 and 42 of the bill amend ss. 121.1115 and 121.1122, F.S., to temporarily raise the limit on the number of years for which FRS members may buy credit under the system for certain in-state and out-of-state service they may have under other pension plans.
SB 8A - [passed, Enrolled] This bill by Senator Pruitt would impose service charges on specified trust funds for deposit in the General Revenue Fund to cover the cost of general government. (The FRS Trust Fund and other employee benefit and retirement funds are exempted from this requirement under s. 215.22, F.S.)
SB 14A - [died in H Messages] This bill by Senator Clary would terminate trust funds within the Department of Management Services and other agencies. With respect to retirement matters, the bill would terminate the Social Security Contribution Trust Fund (as the state no longer handles these contributions).
SB 30A - [passed, approved by Governor] This bill by Senator Constantine would implement the 2002 “Class Size Amendment” to the Florida Constitution. Section 8 of the bill would amend the retirement laws governing the FRS Pension Plan to extend the participation period under the Deferred Retirement Option Program (DROP) from a maximum of 60 months to a maximum of 96 months for certain instructional personnel in the Florida School for the Deaf and the Blind and in district school grades K-12, subject to required authorization.
SB 36A - [laid, see HB 51A] This bill by Senator Constantine would implement the 2002 constitutional amendment to require a single state university system comprised of all public universities, with a board of trustees over each university and a board of governors governing the state university system. With respect to matters affecting retirement, the bill would place a $225,000 cap on the annual compensation of university presidents.
Regular Session Bills:
SB 314 - [withdrawn] This bill by Senator Smith would have included medical and emergency personnel providing services at county detention facilities as members of the FRS Special Risk Class.
SB 328 - [died in S Committee; see CS/CS/SB 958, Enrolled] This bill by Senator Pruitt would have increased the period of time within which members of the FRS who are employed as instructional personnel in grades K-12 could have participated in the Deferred Retirement Option Program (DROP). Enactment was contingent upon receipt of a favorable determination and ruling from the Internal Revenue Service.
SB 330, 1st Eng. - [died in H Messages; see CS/SB 2334, Enrolled] This bill by Senator Pruitt related to municipal and special district fire and police pension plans under chapters 175 and 185, F.S. The bill would have provided for creation of a database for use by insurers that report and remit premium taxes applied to funding of these pension plans. The bill would also have defined the term "extra benefits" with respect to these pension plans and would have authorized plan administrators to withhold certain funds from benefit payments at the request of the retiree or beneficiary.
CS/SB 420 - [died on S Calendar; see CS/CS/SB 958, Enrolled] This committee substitute by the Senate Appropriations Committee and Senator Pruitt would have adjusted contribution rates for the various membership classes and subclasses of the Florida Retirement System (FRS). The bill would also have reduced the assessment for certain administrative & educational expenses associated with the FRS Investment Plan. The bill would also have provided for recognition of an appropriate level of the system's available excess assets to offset the cost of rate reductions.
CS/SB 444 - [died in S Committee; see CS/CS/SB 958, Enrolled] The committee substitute by the Senate Governmental Oversight & Productivity Committee and Senator Wise would have made miscellaneous changes affecting the FRS. The bill would have expanded the Special Risk Class to include court bailiffs, deputies, and lifeguards and permit special risk members to upgrade to 3% their past service with a city or special district that elected to join the FRS. The bill would also have modified reemployment restrictions as applied to certain employees of district school boards, community colleges, and state universities. The bill would have provided a 90-day window for senior managers employed by units of government that opted out of the FRS in 1996 to reestablish membership in the FRS Pension Plan or FRS Investment Plan, upon payment of a specified cost. Finally, the bill would have allowed members to buy retirement credit for public employment in a U.S. territory, under the same terms as service in another state.
CS/SB 924 - [died in H Messages] This committee substitute by the Senate Appropriations Committee and Senator Clary would have terminated certain trust funds. With respect to retirement, the bill would have terminated the Social Security Contribution Trust Fund (as the state no longer handles these contributions). The bill would also have exempted from termination the following retirement-related trust funds: The Florida Retirement System Trust Fund; the Florida Retirement System Preservation of Benefits Plan Trust Fund; the Institute of Food and Agricultural Sciences Supplemental Retirement Trust Fund; the Senior Management Service Optional Annuity Program Trust Fund; the Optional Retirement Program Trust Fund; the Police and Firefighters' Premium Tax Trust Fund; and the Florida Retirement System Contributions Clearing Trust Fund.
CS/CS/SB 958 - [passed, Enrolled] The committee substitute by the Senate Committees on Appropriations and Governmental Oversight and Productivity revises participation and distribution options for participants in the Community College Optional Retirement Program; expands and liberalizes post-retirement reemployment options with district school boards for specified positions; and extends the maximum participation period under the Deferred Retirement Option Program (DROP) for specified district school board personnel. The bill also adjusts contribution rates for fiscal year 2003/04 for the Florida Retirement System and for the Institute of Food and Agricultural Sciences Supplemental Retirement Program and reduces the assessment for certain administrative and educational expenses.
CS/CS/SB 1258 - [died in S Committee] This committee substitute by the Senate Committees on Appropriations and Governmental Oversight and Productivity and Senator Bennett would have transferred the Division of Retirement and its powers, duties, functions, components, and assets from Department of Management Services to the State Board of Administration.
SB 1370 - [died in H Messages] This bill by Senator Wise would have limited to $225,000 the annual remuneration of any university president within the State University System paid from public funds, but only for future contracts. (Compensation could have been separately provided as cash or cash-equivalent compensation, but only from nonpublic funds.) Only that part of the affected president's annual remuneration that met the definition of "compensation" under chapter 121, F.S., would have been credited for purposes of determining retirement contributions and benefits under his/her chosen retirement plan (as is the case under existing law).
SB 1380 - [died in S Committee; see CS/CS/SB 958, Enrolled] This bill by Senator Clary would have modified retirement provisions for public school members in the FRS Pension Plan relative to the definition of “average final compensation”; retirement requirements; normal and early retirement benefits; reemployment restrictions; and Deferred Retirement Option Program participation requirements.
CS/CS/SB 1436 & CS/SB 1646 - [died in H Returning Msgs; see CS/CS/SB 958, Enrolled] This combined bill, originally by Senators Carlton and Constantine, would have created the “Class Size Reduction Act.” In addition to school-related matters, the bill would have modified retirement provisions for public school members participating in the Deferred Retirement Option Program (DROP) of the FRS Pension Plan to allow such members to extend their DROP participation to 96 months, subject to approval of the district school superintendent. This provision would have been contingent upon receipt of a favorable determination letter and favorable private letter ruling from the IRS.
SB 1460 - [died in S Committee] This bill by Senator Lawson would have modified provisions relating to deferred retirement of terminated, vested members of the FRS Pension Plan to require indexing of their deferred benefits by 3 percent a year for each year from termination to retirement.
SB 1486 - [died in S Committee] This bill by Senator Lawson would, for 1 year from July 1, 2003, to July 1, 2004, have allowed Regular Class members to retire with full benefits after completing 25 years of service and attaining age 50. These members could not have participated in the Deferred Retirement Option Program (DROP). The bill would also have authorized the purchase of annuities for state personnel as an early retirement incentive.
SB 1488 - [enacted, see ch. 2003-6, Laws of Florida] This bill by the Senate Committee on Banking and Insurance and Senator Atwater revises various statutory provisions to implement the changes in the Florida Cabinet made necessary by the amendment of Article IV, Section 4, of the State Constitution. (Several provisions in ch. 121, F.S., are amended to conform to the membership changes affecting the State Board of Administration and to remove references to the Public Employee Optional Retirement Program Advisory Committee.)
CS/SB 1528 - [laid, see HB 1869, Enrolled] This committee substitute by the Senate Committee on Governmental Oversight and Productivity and Senator Wise would have made miscellaneous changes relating to civil service and infrastructure outsourcing initiatives of the Department of Management Services. (With regard to retirement, the bill would have corrected an erroneous reference to the number of members constituting a quorum for business meetings of the State Retirement Commission. However, this provision was not included in HB 1869, Enrolled.)
SB 1546 - [died in S Committee] This bill by Senator Lawson would have redefined the term “average final compensation” as used under the FRS Pension Plan to mean the 3 highest fiscal years of compensation. (Average final compensation is one factor used in calculating retirement benefits under the plan.)
CS/SB 1646 - [laid, see CS/CS/SB 1436 & CS/SB 1646; see CS/CS/SB 958, Enrolled] This committee substitute by the Senate Education Committee and Senator Constantine would have created the “Class Size Reduction Implementing Act."” With respect to retirement, the bill would have authorized certain instructional personnel and school administrators who receive authorization to extend participation in the Deferred Retirement Option Program (DROP).
SB 1804 - [died in S Committee] This bill by Senator Campbell would have modified the benefit formula under the FRS Pension Plan to provide a higher multiplier for Regular Class public school members for their service after a certain “applicability date,” which date would have varied depending on the member's years of service after July 1, 2004.
SB 1848 - [died in S Committee] This bill by Senator Sebesta would have increased the retiree health insurance subsidy to $7 per month for each year of service, with a minimum subsidy of $42 and a maximum subsidy of $210. The bill included a “shell” section for contribution rate increases of unknown amounts.
SB 1906 - [died in S Committee] This bill by Senator Lawson would have expanded the Special Risk Class to include certain treatment and rehabilitation personnel at correctional or forensic facilities.
SB 1926 - [died in S Committee] This bill by Senator Lawson would have modified retirement provisions under the FRS Pension Plan to allow members of Elected Officers' Class to retire upon completing 25 years of service and attaining age 55.
SB 1950 - [died in S Committee] This bill by Senator Bennett would have expanded the Special Risk Class to include mosquito control FAA-licensed pilots if specified criteria were met.
CS/SB 2030 - [laid, see HB 847, Enrolled] This committee substitute by the Senate Committee on Ethics and Elections and Senator Sebesta would have created the “Paul Mendelson Citizens' Right to Honest Government Act,”, relating to criminal penalties for certain crimes. (The bill would have repealed statutes relating to commercial bribery and would have amended benefit forfeiture provisions under ch. 121, F.S., to conform.)
SB 2038 - [died in S Committee] This bill by Senator Smith would have modified provisions relating to FRS special risk members disabled in the line of duty to provide a higher minimum benefit for catastrophic injury due to the felonious act of another. The bill would also have provided a limited exception to reemployment restrictions for retired deputy sheriffs who have been retired for 1 month.
SB 2206 - [withdrawn] This bill by Senator Peaden would have expanded the Special Risk Class to include mosquito control officers. The bill would also restore certain special risk credit for any special risk member who is or was a law enforcement officer for the Department of Environmental Protection's Division of Recreation and Parks or for the Department of Insurances Division of Insurance Fraud (or for a predecessor agency).
SB 2226 - [died in S Committee] This bill by Senator Wise would have transferred powers, duties, records, personnel, property, and funds of the Division of Blind Services of the Department of Education to the Florida Corporation for the Blind (created by the bill). The bill would have amended s. 121.051, F.S., relating to participation in the FRS, to conform.
SB 2258 - [died in S Committee] This bill by Senator Saunders would have increased the period of time that FRS members who are employed as registered nurses may participate in the Deferred Retirement Option Program (DROP) if their continued employment is deemed essential by their employer.
SB 2270 - [died in S Committee; see CS/SB 958, Enrolled] This bill by Senator Bennett would have allowed retired teachers to become reemployed by a district school board on a full-time basis, without suspension of benefits, after completing the maximum participation allowed in the Deferred Retirement Option Program (DROP) and being retired for another 30 days. The reemployed member would have been enrolled in the FRS Investment Plan.
SB 2298 - [died in S Committee] This bill by Senator Wilson would have expanded the Special Risk Class to include certain members employed by public acute care hospitals that serve as trauma centers and provide treatment to specified members of the public.
SB 2320 - [died in S Committee] This bill by Senator Atwater would have provided that death or disability due to cancer suffered by firefighter employed by state or its political subdivisions is presumed accidental and suffered in the line of duty under certain conditions. The bill would also have authorized local governments purchase life and disability insurance that included coverage based on such presumption.
CS/SB 2334 - [vetoed, see veto message] This committee substitute by the Senate Committee on Comprehensive Planning and Senator Lynn allows municipalities having Municipal Firefighter/Police Pension Plans authorized under chs. 175 and 185, F.S., to provide extra benefits under such firefighter/police pension plans before receiving additional premium tax revenues, according to specified procedure. The bill includes special provisions for cities that enter into a collective bargaining agreement before July 1, 2003, and requires the Division of Retirement to review and approve a pre-funding plan for firefighters and police officers prior to implementation.
SB 2384 - [died in S Committee; see CS/CS/SB 958, Enrolled] This bill by Senator Bullard would have excepted persons defined as “educational personnel” under s. 1012.99, F.S., who have completed the maximum term of service under s. 121.091(13)(b)1., F.S., from reemployment restrictions applicable during the first year of retirement under the FRS.
SB 2502, 1st Eng. - [died in Conference Committee; see CS/SB 958, Enrolled] This bill by the Senate Appropriations Committee was the Senate version of the Appropriations Implementing Bill. In addition to miscellaneous matters unrelated to retirement, section 22 of the bill would have required the state actuary to recognize and use an appropriate level of available excess assets of the FRS Trust Fund to offset the difference between the normal costs of the system and the statutorily prescribed contribution rates for fiscal year 2003/04.
CS/SB 2566, 1st Eng. - [died in H Messages] This committee substitute by the Senate Committee on Comprehensive Planning and Senator Atwater related to Local Government Accountability. With respect to retirement, this bill would have required sponsors of local government pension plans to provide certain additional information to the Department of Management Services in actuarial reports provided under s. 112.63, F.S., and would have provided for enforcement procedures in cases of noncompliance, including withholding of funds, subject to hearing.
SB 2682 - [died in S Committee] This bill by Senator Atwater would have allowed members of the Florida Retirement System to purchase credit under the system for nonqualified service (time not otherwise creditable under any other provisions of the plan). The price would have been the same as is provided under present law for in-state or out-of-state service.
SB 2814 - [died in S Committee] This bill by Senator Wasserman-Schultz would have allowed any eligible employee, except administrative staff, of a public school district, charter school, community college, or state university to elect to participate in the Deferred Retirement Option Program (DROP) at any time after the member first reaches his/her normal retirement date in the FRS Pension Plan.