HB 613 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to Deferred Retirement Option Program 2
for correctional officers; amending s. 121.091, F.S.; 3
authorizing certain members to participate in the 4
Deferred Retirement Option Program for an additional 5
time period; providing a declaration of important 6
state interest; providing an effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
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Section 1. Paragraph (b) of subsection ( 13) of section 11
121.091, Florida Statutes, is amended to read: 12
121.091 Benefits payable under the system. —Benefits may 13
not be paid under this section unless the member has terminated 14
employment as provided in s. 121.021(39)(a) or begun 15
participation in the Deferred Retirement Option Program as 16
provided in subsection (13), and a proper application has been 17
filed in the manner prescribed by the department. The department 18
may cancel an application for retirement benefits when the 19
member or beneficiary fails t o timely provide the information 20
and documents required by this chapter and the department's 21
rules. The department shall adopt rules establishing procedures 22
for application for retirement benefits and for the cancellation 23
of such application when the requi red information or documents 24
are not received. 25
HB 613 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(13) DEFERRED RETIREMENT OPTION PROGRAM. —In general, and 26
subject to this section, the Deferred Retirement Option Program, 27
hereinafter referred to as DROP, is a program under which an 28
eligible member of the F lorida Retirement System may elect to 29
participate, deferring receipt of retirement benefits while 30
continuing employment with his or her Florida Retirement System 31
employer. The deferred monthly benefits shall accrue in the 32
Florida Retirement System on behal f of the member, plus interest 33
compounded monthly, for the specified period of the DROP 34
participation, as provided in paragraph (c). Upon termination of 35
employment, the member shall receive the total DROP benefits and 36
begin to receive the previously determ ined normal retirement 37
benefits. Participation in the DROP does not guarantee 38
employment for the specified period of DROP. Participation in 39
DROP by an eligible member beyond the initial 60 -month period as 40
authorized in this subsection shall be on an annual contractual 41
basis for all participants. 42
(b) Participation in DROP. —Except as provided in this 43
paragraph, an eligible member may elect to participate in DROP 44
for a period not to exceed a maximum of 60 calendar months. 45
1.a. Members who are instructional personnel employed by 46
the Florida School for the Deaf and the Blind and authorized by 47
the Board of Trustees of the Florida School for the Deaf and the 48
Blind, who are instructional personnel as defined in s. 49
1012.01(2)(a)-(d) in grades K-12 and authorized by the district 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
school superintendent, or who are instructional personnel as 51
defined in s. 1012.01(2)(a) employed by a developmental research 52
school and authorized by the school's director, or if the school 53
has no director, by the school's principal, may p articipate in 54
DROP for up to 36 calendar months beyond the 60 -month period. 55
Effective July 1, 2018, instructional personnel who are 56
authorized to extend DROP participation beyond the 60 -month 57
period must have a termination date that is the last day of the 58
last calendar month of the school year within the DROP extension 59
granted by the employer. If, on July 1, 2018, the member's DROP 60
participation has already been extended for the maximum 36 61
calendar months and the extension period concludes before the 62
end of the school year, the member's DROP participation may be 63
extended through the last day of the last calendar month of that 64
school year. The employer shall notify the division of the 65
change in termination date and the additional period of DROP 66
participation for the affected instructional personnel. 67
b. Administrative personnel in grades K -12, as defined in 68
s. 1012.01(3), who have a DROP termination date on or after July 69
1, 2018, may be authorized to extend DROP participation beyond 70
the initial 60 calendar mo nth period if the administrative 71
personnel's termination date is before the end of the school 72
year. Such administrative personnel may have DROP participation 73
extended until the last day of the last calendar month of the 74
school year in which their original DROP termination date 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
occurred if a date other than the last day of the last calendar 76
month of the school year is designated. The employer shall 77
notify the division of the change in termination date and the 78
additional period of DROP participation for the a ffected 79
administrative personnel. 80
c. Effective July 1, 2022, a member of the Special Risk 81
Class who is a law enforcement officer who meets the criteria in 82
s. 121.0515(3)(a) and who is a DROP participant on or after July 83
1, 2022, may participate in DROP f or up to 36 calendar months 84
beyond the 60-month period if he or she enters DROP on or before 85
June 30, 2028. 86
d. Effective July 1, 2023, a member of the Special Risk 87
Class who is a correctional officer who meets the criteria in s. 88
121.0515(3)(c) and who is a DROP participant on or after July 1, 89
2023, may participate in DROP for up to 36 calendar months 90
beyond the 60-month period if he or she enters DROP on or before 91
June 30, 2028. 92
2. Upon deciding to participate in DROP, the member shall 93
submit, on forms required by the division: 94
a. A written election to participate in DROP; 95
b. Selection of DROP participation and termination dates 96
that satisfy the limitations stated in paragraph (a) and 97
subparagraph 1. The termination date must be in a binding letter 98
of resignation to the employer establishing a deferred 99
termination date. The member may change the termination date 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
within the limitations of subparagraph 1., but only with the 101
written approval of the employer; 102
c. A properly completed DROP application for service 103
retirement as provided in this section; and 104
d. Any other information required by the division. 105
3. The DROP participant is a retiree under the Florida 106
Retirement System for all purposes, except for paragraph (5)(f) 107
and subsection (9) and ss. 112.3173, 112.363, 121.053, and 108
121.122. DROP participation is final and may not be canceled by 109
the participant after the first payment is credited during the 110
DROP participation period. However, participation in DROP does 111
not alter the participant's employ ment status, and the member is 112
not deemed retired from employment until his or her deferred 113
resignation is effective and termination occurs as defined in s. 114
121.021. 115
4. Elected officers are eligible to participate in DROP 116
subject to the following: 117
a. An elected officer who reaches normal retirement date 118
during a term of office may defer the election to participate 119
until the next succeeding term in that office. An elected 120
officer who exercises this option may participate in DROP for up 121
to 60 calendar months or no longer than the succeeding term of 122
office, whichever is less. 123
b. An elected or a nonelected participant may run for a 124
term of office while participating in DROP and, if elected, 125
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extend the DROP termination date accordingly; however, if such 126
additional term of office exceeds the 60 -month limitation 127
established in subparagraph 1., and the officer does not resign 128
from office within such 60 -month limitation, the retirement and 129
the participant's DROP is null and void as provided in sub -130
subparagraph (c)5.d. 131
c. An elected officer who is dually employed and elects to 132
participate in DROP must terminate all employment relationships 133
as provided in s. 121.021(39) for the nonelected position within 134
the original 60-month period or maximum participation perio d as 135
provided in subparagraph 1. For DROP participation ending: 136
(I) Before July 1, 2010, the officer may continue 137
employment as an elected officer as provided in s. 121.053. The 138
elected officer shall be enrolled as a renewed member in the 139
Elected Officers' Class or the Regular Class, as provided in ss. 140
121.053 and 121.122, on the first day of the month after 141
termination of employment in the nonelected position and 142
termination of DROP. Distribution of the DROP benefits shall be 143
made as provided in paragrap h (c). 144
(II) On or after July 1, 2010, the officer may continue 145
employment as an elected officer but must defer termination as 146
provided in s. 121.053. 147
Section 2. The Legislature finds that a proper and 148
legitimate state purpose is served when employees , officers, and 149
retirees of the state and its political subdivisions, and the 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
dependents, survivors, and beneficiaries of such employees, 151
officers, and retirees, are extended the basic protections 152
afforded by governmental retirement systems. These persons must 153
be provided benefits that are fair and adequate and that are 154
managed, administered, and funded in an actuarially sound manner 155
as required by s. 14, Article X of the State Constitution and 156
part VII of chapter 112, Florida Statutes. Therefore, the 157
Legislature determines and declares that this act fulfills an 158
important state interest. 159
Section 3. This act shall take effect July 1, 2023. 160