Florida 2024 Regular Session

Florida House Bill H0853 Compare Versions

Only one version of the bill is available at this time.

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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to reemployment of retired law 2
16	16	enforcement officers; amending s. 121.091, F.S.; 3
17	17	authorizing retired law enforcement officers to be 4
18	18	reemployed in specified positions after meeting 5
19	19	specified termination requirements; authorizing such 6
20	20	retired law enforcement officers to receive both 7
21	21	compensation and retirement benefits after a specified 8
22	22	period; providing that such retired law enforcement 9
23	23	officers may not renew membership in the Florida 10
24	24	Retirement System, except as otherwise provided; 11
25	25	amending s. 122.16, F.S.; revising the timeframe 12
26	26	during which a former employee is prohibited from 13
27	27	receiving both a reemployment salary and retirement 14
28	28	benefits; conforming provisions to changes made by the 15
29	29	act; providing an effective date. 16
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31	31	Be It Enacted by the Legislature of the State of Florida: 18
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33	33	Section 1. Paragraph (f) of subsection (9) of section 20
34	34	121.091, Florida Statutes, is amended to read: 21
35	35	121.091 Benefits payable under the system. —Benefits may 22
36	36	not be paid under this section unless the member has terminated 23
37	37	employment as provided in s. 121.021(39)(a) or begun 24
38	38	participation in the Deferred Retirement Option Program as 25
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40	40	HB 853 2024
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47	47	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
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51	51	provided in subsection ( 13), and a proper application has been 26
52	52	filed in the manner prescribed by the department. The department 27
53	53	may cancel an application for retirement benefits when the 28
54	54	member or beneficiary fails to timely provide the information 29
55	55	and documents required by this chapter and the department's 30
56	56	rules. The department shall adopt rules establishing procedures 31
57	57	for application for retirement benefits and for the cancellation 32
58	58	of such application when the required information or documents 33
59	59	are not received. 34
60	60	(9) EMPLOYMENT AFTER RETIREMENT; LIMITATION. — 35
61	61	(f) A retired law enforcement officer may be reemployed in 36
62	62	a position that qualifies for the Special Risk Class as a school 37
63	63	resource officer by an employer that participates in the Florida 38
64	64	Retirement System and receive comp ensation from that employer 39
65	65	and retirement benefits after meeting the definition of 40
66	66	termination in s. 121.021, but may not receive both a salary 41
67	67	from the employer and retirement benefits for 6 calendar months 42
68	68	immediately subsequent to the date of retiremen t. The reemployed 43
69	69	retired law enforcement officer may not renew membership in the 44
70	70	Florida Retirement System, except as provided in s. 121.122. 45
71	71	Section 2. Paragraphs (a) and (b) of subsection (2) of 46
72	72	section 122.16, Florida Statutes, are amended to read: 47
73	73	122.16 Employment after retirement. — 48
74	74	(2)(a) Any person retired under this chapter, except under 49
75	75	the disability retirement provisions of ss. 122.09 and 122.34, 50
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84	84	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
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88	88	may be reemployed by any private or public employer in a 51
89	89	position that qualifies for the Spe cial Risk Class after 52
90	90	retirement and receive retirement benefits and compensation from 53
91	91	his or her employer without limitation, except that a no person 54
92	92	may not receive both a salary from reemployment with any agency 55
93	93	participating in the Florida Retirement S ystem and retirement 56
94	94	benefits under this chapter for a period of 6 12 months 57
95	95	immediately subsequent to the date of retirement. 58
96	96	(b) Any person to whom the limitation in paragraph (a) 59
97	97	applies who violates such reemployment limitation and is 60
98	98	reemployed with any agency participating in the Florida 61
99	99	Retirement System before prior to completion of the 6-month 12-62
100	100	month limitation period shall give timely notice of this fact in 63
101	101	writing to his or her employer and to the department; and his or 64
102	102	her retirement benefit s must shall be suspended for the balance 65
103	103	of the 6-month 12-month limitation period. Any person employed 66
104	104	in violation of this subsection and any employing agency which 67
105	105	knowingly employs or appoints such person without notifying the 68
106	106	department to suspend re tirement benefits shall be jointly and 69
107	107	severally liable for reimbursement to the retirement trust fund 70
108	108	of any benefits paid during the reemployment limitation period. 71
109	109	To avoid liability, such employing agency shall have a written 72
110	110	statement from the retiree that he or she is not retired from a 73
111	111	state-administered retirement system. Any retirement benefits 74
112	112	received by such person while he or she is reemployed during 75
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121	121	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
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125	125	this reemployment limitation period must shall be repaid to the 76
126	126	retirement trust fund, and his or her retirement benefits must 77
127	127	shall remain suspended until such repayment has been made. Any 78
128	128	benefits suspended beyond the reemployment limitation period 79
129	129	shall apply toward the repayment of benefits received in 80
130	130	violation of the reemployment limitation. 81
131	131	Section 3. This act shall take effect July 1, 2024. 82