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