HOUSE AMENDMENT
                                      Bill No. CS/HB 347, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Representative(s) Fasano offered the following:
12  
13         Amendment to Senate Amendment (912778) (with title
14  amendment) 
15         On page 5, line 15, through page 21, line 30,
16  remove from the amendment:  all of said lines
17  
18  and insert in lieu thereof:  
19         Section 6.  Effective October 1, 2001, subsection (1)
20  of section 121.055, Florida Statutes, is amended to read:
21         121.055  Senior Management Service Class.--There is
22  hereby established a separate class of membership within the
23  Florida Retirement System to be known as the "Senior
24  Management Service Class," which shall become effective
25  February 1, 1987.
26         (1)(a)  Participation in the Senior Management Service
27  Class shall be limited to and compulsory for any member of the
28  Florida Retirement System who holds a position in the Senior
29  Management Service of the State of Florida, established by
30  part III of chapter 110, unless such member elects, within the
31  time specified herein, to participate in the Senior Management
                                  1
    File original & 9 copies    05/03/01                          
    hbd0011                     03:50 pm         00347-0045-603071

HOUSE AMENDMENT Bill No. CS/HB 347, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Service Optional Annuity Program as established in subsection 2 (6). 3 (b)1. Except as provided in subparagraph 2., effective 4 January 1, 1990, participation in the Senior Management 5 Service Class shall be compulsory for the president of each 6 community college, the manager of each participating city or 7 county, and all appointed district school superintendents. 8 Effective January 1, 1994, additional positions may be 9 designated for inclusion in the Senior Management Service 10 Class of the Florida Retirement System, provided that: 11 a. Positions to be included in the class shall be 12 designated by the local agency employer. Notice of intent to 13 designate positions for inclusion in the class shall be 14 published once a week for 2 consecutive weeks in a newspaper 15 of general circulation published in the county or counties 16 affected, as provided in chapter 50. 17 b. Up to 10 nonelective full-time positions may be 18 designated for each local agency employer reporting to the 19 Department of Management Services; for local agencies with 100 20 or more regularly established positions, additional 21 nonelective full-time positions may be designated, not to 22 exceed 1 percent of the regularly established positions within 23 the agency. 24 c. Each position added to the class must be a 25 managerial or policymaking position filled by an employee who 26 is not subject to continuing contract and serves at the 27 pleasure of the local agency employer without civil service 28 protection, and who: 29 (I) Heads an organizational unit; or 30 (II) Has responsibility to effect or recommend 31 personnel, budget, expenditure, or policy decisions in his or 2 File original & 9 copies 05/03/01 hbd0011 03:50 pm 00347-0045-603071
HOUSE AMENDMENT Bill No. CS/HB 347, 1st Eng. Amendment No. ___ (for drafter's use only) 1 her areas of responsibility. 2 2. In lieu of participation in the Senior Management 3 Service Class, members of the Senior Management Service Class 4 pursuant to the provisions of subparagraph 1. may withdraw 5 from the Florida Retirement System altogether. The decision to 6 withdraw from the Florida Retirement System shall be 7 irrevocable for as long as the employee holds such a position. 8 Any service creditable under the Senior Management Service 9 Class shall be retained after the member withdraws from the 10 Florida Retirement System; however, additional service credit 11 in the Senior Management Service Class shall not be earned 12 after such withdrawal. Such members shall not be eligible to 13 participate in the Senior Management Service Optional Annuity 14 Program. 15 (c)1. Effective January 1, 1990, participation in the 16 Senior Management Service Class shall be compulsory for up to 17 75 nonelective positions at the level of committee staff 18 director or higher or equivalent managerial or policymaking 19 positions within the House of Representatives, as selected by 20 the Speaker of the House of Representatives, up to 50 21 nonelective positions at the level of committee staff director 22 or higher or equivalent managerial or policymaking positions 23 within the Senate, as selected by the President of the Senate, 24 all staff directors of joint committees and service offices of 25 the Legislature, the Auditor General and up to 9 managerial or 26 policymaking positions within his or her office as selected by 27 the Auditor General, and the executive director of the 28 Commission on Ethics. 29 2. Participation in this class shall be compulsory, 30 except as provided in subparagraph 3., for any legislative 31 employee who holds a position designated for coverage in the 3 File original & 9 copies 05/03/01 hbd0011 03:50 pm 00347-0045-603071
HOUSE AMENDMENT Bill No. CS/HB 347, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Senior Management Service Class, and such participation shall 2 continue until the employee terminates employment in a covered 3 position. 4 3. In lieu of participation in the Senior Management 5 Service Class, at the discretion of the President of the 6 Senate and the Speaker of the House of Representatives, such 7 members may participate in the Senior Management Service 8 Optional Annuity Program as established in subsection (6). 9 (d) Effective January 1, 1991, participation in the 10 Senior Management Service Class shall be compulsory for any 11 member of the Florida Retirement System in a position that has 12 been designated eligible for inclusion in the Executive 13 Service of the State University System or who holds a position 14 as president of a state university, unless such member elects, 15 pursuant to s. 121.35, to participate in the optional 16 retirement program. 17 (e) Effective January 1, 1991, participation in the 18 Senior Management Service Class shall be compulsory for the 19 number of senior managers who have policymaking authority with 20 the State Board of Administration, as determined by the 21 Governor, Treasurer, and Comptroller acting as the State Board 22 of Administration, unless such member elects to participate in 23 the Senior Management Service Optional Annuity Program as 24 established in subsection (6) in lieu of participation in the 25 Senior Management Service Class. Such election shall be made 26 in writing and filed with the division and the personnel 27 officer of the State Board of Administration within 90 days 28 after becoming eligible for membership in the Senior 29 Management Service Class. 30 (f) Effective July 1, 1997: 31 1. Any elected state officer eligible for membership 4 File original & 9 copies 05/03/01 hbd0011 03:50 pm 00347-0045-603071
HOUSE AMENDMENT Bill No. CS/HB 347, 1st Eng. Amendment No. ___ (for drafter's use only) 1 in the Elected Officers' Class under s. 121.052(2)(a), (b), or 2 (c) who elects membership in the Senior Management Service 3 Class under s. 121.052(3)(c) may, within 6 months after 4 assuming office or within 6 months after this act becomes a 5 law for serving elected state officers, elect to participate 6 in the Senior Management Service Optional Annuity Program, as 7 provided in subsection (6), in lieu of membership in the 8 Senior Management Service Class. 9 2. Any elected county officer eligible for membership 10 in the Elected Officers' Class under s. 121.052(2)(d) who 11 elects membership in the Senior Management Service Class under 12 s. 121.052(3)(c) may, within 6 months after assuming office, 13 or within 6 months after this act becomes a law for serving 14 elected county officers, elect to participate in a lifetime 15 monthly annuity program, as provided in subparagraph (b)2., in 16 lieu of membership in the Senior Management Service Class. 17 (g) Effective July 1, 1996, participation in the 18 Senior Management Service Class shall be compulsory for any 19 member of the Florida Retirement System employed with the 20 Department of Military Affairs in the positions of the 21 Adjutant General, Assistant Adjutant General-Army, Assistant 22 Adjutant General-Air, State Quartermaster, Director of 23 Military Personnel, Director of Administration, and additional 24 directors as designated by the agency head, not to exceed a 25 total of 10 positions. In lieu of participation in the Senior 26 Management Service Class, such members may participate in the 27 Senior Management Service Optional Annuity Program as 28 established in subsection (6). 29 (h)1. Except as provided in subparagraph 3., effective 30 January 1, 1994, participation in the Senior Management 31 Service Class shall be compulsory for the State Courts 5 File original & 9 copies 05/03/01 hbd0011 03:50 pm 00347-0045-603071
HOUSE AMENDMENT Bill No. CS/HB 347, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Administrator and the Deputy State Courts Administrators, the 2 Clerk of the Supreme Court, the Marshal of the Supreme Court, 3 the Executive Director of the Justice Administrative 4 Commission, the Capital Collateral Regional Counsels, the 5 clerks of the district courts of appeals, the marshals of the 6 district courts of appeals, and the trial court administrator 7 in each judicial circuit. Effective January 1, 1994, 8 additional positions in the offices of the state attorney and 9 public defender in each judicial circuit may be designated for 10 inclusion in the Senior Management Service Class of the 11 Florida Retirement System, provided that: 12 a. Positions to be included in the class shall be 13 designated by the state attorney or public defender, as 14 appropriate. Notice of intent to designate positions for 15 inclusion in the class shall be published once a week for 2 16 consecutive weeks in a newspaper of general circulation 17 published in the county or counties affected, as provided in 18 chapter 50. 19 b. One nonelective full-time position may be 20 designated for each state attorney and public defender 21 reporting to the Department of Management Services; for 22 agencies with 200 or more regularly established positions 23 under the state attorney or public defender, additional 24 nonelective full-time positions may be designated, not to 25 exceed 0.5 percent of the regularly established positions 26 within the agency. 27 c. Each position added to the class must be a 28 managerial or policymaking position filled by an employee who 29 serves at the pleasure of the state attorney or public 30 defender without civil service protection, and who: 31 (I) Heads an organizational unit; or 6 File original & 9 copies 05/03/01 hbd0011 03:50 pm 00347-0045-603071
HOUSE AMENDMENT Bill No. CS/HB 347, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (II) Has responsibility to effect or recommend 2 personnel, budget, expenditure, or policy decisions in his or 3 her areas of responsibility. 4 2. Participation in this class shall be compulsory, 5 except as provided in subparagraph 3., for any judicial 6 employee who holds a position designated for coverage in the 7 Senior Management Service Class, and such participation shall 8 continue until the employee terminates employment in a covered 9 position. Effective January 1, 2001, participation in this 10 class is compulsory for assistant state attorneys, assistant 11 statewide prosecutors, assistant public defenders, and 12 assistant capital collateral regional counsels. Effective 13 January 1, 2002, participation in this class is compulsory for 14 assistant attorneys general. 15 3. In lieu of participation in the Senior Management 16 Service Class, such members, excluding assistant state 17 attorneys, assistant public defenders, assistant statewide 18 prosecutors, assistant attorneys general, and assistant 19 capital collateral regional counsels, may participate in the 20 Senior Management Service Optional Annuity Program as 21 established in subsection (6). 22 (i)1. Except as provided in subparagraph 2., effective 23 July 1, 1999, participation in the Senior Management Service 24 Class is compulsory for any member of the Florida Retirement 25 System who is employed as a judge of compensation claims with 26 the Office of the Judges of Compensation Claims within the 27 Department of Labor and Employment Security. 28 2. In lieu of participating in the Senior Management 29 Service Class, a judge of compensation claims may participate 30 in the Senior Management Service Optional Annuity Program 31 established under subsection (6). 7 File original & 9 copies 05/03/01 hbd0011 03:50 pm 00347-0045-603071
HOUSE AMENDMENT Bill No. CS/HB 347, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (j) Except as may otherwise be provided, any member of 2 the Senior Management Service Class may purchase additional 3 retirement credit in such class for creditable service within 4 the purview of the Senior Management Service Class retroactive 5 to February 1, 1987, and may upgrade retirement credit for 6 such service, to the extent of 2 percent of the member's 7 average monthly compensation as specified in paragraph (4)(d) 8 for such service. Contributions for upgrading the additional 9 Senior Management Service credit pursuant to this paragraph 10 shall be equal to the difference in the contributions paid and 11 the Senior Management Service Class contribution rate as a 12 percentage of gross salary in effect for the period being 13 claimed, plus interest thereon at the rate of 6.5 percent a 14 year, compounded annually until the date of payment. This 15 service credit may be purchased by the employer on behalf of 16 the member. 17 Section 7. Subsection (1), paragraph (a) of subsection 18 (2), paragraph (e) of subsection (4), paragraph (b) of 19 subsection (8), and paragraphs (a) and (b) of subsection (9) 20 of section 121.4501, Florida Statutes, are amended, and 21 paragraph (f) is added to subsection (9) of said section, to 22 read: 23 121.4501 Public Employee Optional Retirement 24 Program.-- 25 (1) The Trustees of the State Board of Administration 26 shall establish an optional defined contribution retirement 27 program for members of the Florida Retirement System under 28 which retirement benefits will be provided for eligible 29 employees who elect to participate in the program. The 30 benefits to be provided for or on behalf of participants in 31 such optional retirement program shall be provided through 8 File original & 9 copies 05/03/01 hbd0011 03:50 pm 00347-0045-603071
HOUSE AMENDMENT Bill No. CS/HB 347, 1st Eng. Amendment No. ___ (for drafter's use only) 1 employee-directed investments, in accordance with s. 401(a) of 2 the Internal Revenue Code and its related regulations. The 3 employers shall contribute, as provided in this section and s. 4 121.571, to the Public Employee Optional Retirement Program 5 Trust Fund toward the funding of such optional benefits. 6 (2) DEFINITIONS.--As used in this section, the term: 7 (a) "Approved provider" or "provider" means a private 8 sector company that is selected and approved by the state 9 board to offer one or more investment products or services to 10 the Public Employee Optional Retirement Program. The term 11 includes a bundled provider that offers participants a range 12 of individually allocated or unallocated investment products 13 and may offer a range of administrative and customer services, 14 which may include accounting and administration of individual 15 participant benefits and contributions; individual participant 16 recordkeeping; asset purchase, control, and safekeeping; 17 direct execution of the participant's instructions as to asset 18 and contribution allocation; calculation of daily net asset 19 values; direct access to participant account information; 20 periodic reporting to participants, at least quarterly, on 21 account balances and transactions; guidance, advice, and 22 allocation services directly relating to its own investment 23 options or products, but only if the bundled provider complies 24 with the standard of care of s. 404(a)(1)(A-B) of the Employee 25 Retirement Income Security Act of 1974 (ERISA) and if 26 providing such guidance, advice, or allocation services does 27 not constitute a prohibited transaction under s. 4975(c)(1) of 28 the Internal Revenue Code or s. 406 of ERISA, notwithstanding 29 that such prohibited transaction provisions do not apply to 30 the optional retirement program; a broad array of distribution 31 options; asset allocation; and retirement counseling and 9 File original & 9 copies 05/03/01 hbd0011 03:50 pm 00347-0045-603071
HOUSE AMENDMENT Bill No. CS/HB 347, 1st Eng. Amendment No. ___ (for drafter's use only) 1 education. Private sector companies include investment 2 management companies, insurance companies, depositories, and 3 mutual fund companies. 4 (4) PARTICIPATION; ENROLLMENT.-- 5 (e) After the period during which an eligible employee 6 had the choice to elect the defined benefit program or the 7 Public Employee Optional Retirement Program, the employee 8 shall have one opportunity, that is, a second election, at the 9 employee's discretion, to choose to move from the defined 10 benefit program to the Public Employee Optional Retirement 11 Program or from the Public Employee Optional Retirement 12 Program to the defined benefit program. This paragraph shall 13 be contingent upon approval from the Internal Revenue Service 14 for including the choice described herein within the programs 15 offered by the Florida Retirement System. 16 1. If the employee chooses to move to the Public 17 Employee Optional Retirement Program, the applicable 18 provisions of this section shall govern the transfer. 19 2. If the employee chooses to move from the Public 20 Employee Optional Retirement Program to the defined benefit 21 program, the employee must transfer from his or her optional 22 program Public Employee Optional Retirement Program account 23 and from other employee moneys as necessary, a sum 24 representing all contributions that would have been made to 25 the defined benefit plan for that employee and the actual 26 return that would have been earned on those contributions had 27 they been invested in the defined benefit program. 28 29 If, at the time of a member's election to transfer to the 30 defined benefit program, the member's optional program account 31 does not contain the total amount required to be transferred 10 File original & 9 copies 05/03/01 hbd0011 03:50 pm 00347-0045-603071
HOUSE AMENDMENT Bill No. CS/HB 347, 1st Eng. Amendment No. ___ (for drafter's use only) 1 to the defined benefit program, the member must pay the 2 remaining balance. If the member's optional program account 3 contains more than the amount required to be transferred to 4 the defined benefit program, such additional amount shall 5 remain in the member's optional program account. 6 (8) ADMINISTRATION OF PROGRAM.-- 7 (b)1. The state board shall select and contract with 8 one third-party administrator to provide administrative 9 services, where those services do not duplicate services 10 provided by the Division of Retirement within the Department 11 of Management Services. With the approval of the state board, 12 the third-party administrator may subcontract with other 13 organizations or individuals to provide components of the 14 administrative services. As a cost of administration, the 15 board may compensate any such contractor for its services, in 16 accordance with the terms of the contract, as is deemed 17 necessary or proper by the board. The third-party 18 administrator may not be an approved provider or be affiliated 19 with an approved provider. 20 2. These administrative services may include, but are 21 not limited to, enrollment of eligible employees, collection 22 of employer contributions, disbursement of such contributions 23 to approved providers in accordance with the allocation 24 directions of participants; services relating to consolidated 25 billing; individual and collective recordkeeping and 26 accounting; asset purchase, control, and safekeeping; and 27 direct disbursement of funds to and from the third-party 28 administrator, the division, the board, employers, 29 participants, approved providers, and beneficiaries. Nothing 30 in this section shall prevent or prohibit a bundled provider 31 from providing any administrative or customer service, 11 File original & 9 copies 05/03/01 hbd0011 03:50 pm 00347-0045-603071
HOUSE AMENDMENT Bill No. CS/HB 347, 1st Eng. Amendment No. ___ (for drafter's use only) 1 including accounting and administration of individual 2 participant benefits and contributions; individual participant 3 recordkeeping; asset purchase, control, and safekeeping; 4 direct execution of the participant's instructions as to asset 5 and contribution allocation; calculation of daily net asset 6 values; direct access to participant account information; 7 periodic reporting to participants, at least quarterly, on 8 account balances and transactions. 9 3. The state board shall select and contract with one 10 or more organizations to provide educational services. With 11 approval of the board, the organizations may subcontract with 12 other organizations or individuals to provide components of 13 the educational services. As a cost of administration, the 14 board may compensate any such contractor for its services in 15 accordance with the terms of the contract, as is deemed 16 necessary or proper by the board. The education organization 17 may not be an approved provider or be affiliated with an 18 approved provider. 19 4. Educational services shall be designed by the board 20 and department to assist employers, eligible employees, 21 participants, and beneficiaries in order to maintain 22 compliance with United States Department of Labor regulations 23 under s. 404(c) of the Employee Retirement Income Security Act 24 of 1974 and to assist employees in their choice of defined 25 benefit or defined contribution retirement alternatives. 26 Educational services include, but are not limited to, 27 disseminating educational materials; providing retirement 28 planning education; explaining the differences between the 29 defined benefit retirement plan and the defined contribution 30 retirement plan; and offering financial planning guidance on 31 matters such as investment diversification, investment risks, 12 File original & 9 copies 05/03/01 hbd0011 03:50 pm 00347-0045-603071
HOUSE AMENDMENT Bill No. CS/HB 347, 1st Eng. Amendment No. ___ (for drafter's use only) 1 investment costs, and asset allocation. An approved provider 2 may also provide educational information, including retirement 3 planning and investment allocation information concerning its 4 products and services. 5 (9) INVESTMENT OPTIONS OR PRODUCTS; PERFORMANCE 6 REVIEW.-- 7 (a) The board shall develop policy and procedures for 8 selecting, evaluating, and monitoring the performance of 9 approved providers and investment products to which employees 10 may direct retirement contributions under the program. In 11 accordance with such policy and procedures, the board shall 12 designate and contract for a number of investment products as 13 determined by the board. The board shall also select one or 14 more bundled providers, each of whom who offer nine multiple 15 investment options and related services products when such an 16 approach is determined by the board to afford value to the 17 participants otherwise not available through individual 18 investment products. Each approved bundled provider may offer 19 investment options that provide participants with the 20 opportunity to invest in each of the following asset classes, 21 to be composed of individual options that represent either a 22 single asset class or a combination thereof: money markets, 23 U.S. fixed income, U.S. equities, and foreign stock. The board 24 shall review and manage all educational materials, contract 25 terms, fee schedules, and other aspects of the approved 26 provider relationships to ensure that no provider is unduly 27 favored or penalized by virtue of its status within the plan. 28 (b) The board shall consider investment options or 29 products it considers appropriate to give participants the 30 opportunity to accumulate retirement benefits, subject to the 31 following: 13 File original & 9 copies 05/03/01 hbd0011 03:50 pm 00347-0045-603071
HOUSE AMENDMENT Bill No. CS/HB 347, 1st Eng. Amendment No. ___ (for drafter's use only) 1 1. The Public Employee Optional Retirement Program 2 must offer a diversified mix of low-cost investment products 3 that span the risk-return spectrum, and may include a 4 guaranteed account as well as investment products such as 5 individually allocated guaranteed and variable annuities, that 6 meet the requirements of this subsection and that combine the 7 ability to accumulate investment returns with the option of 8 receiving lifetime income consistent with the long-term 9 retirement security of a pension plan and similar to the 10 lifetime income benefit provided by the Florida Retirement 11 System. 12 2. Investment options or products offered by the group 13 of approved providers may include mutual funds, group annuity 14 contracts, individual retirement annuities, interests in 15 trusts, collective trusts, separate accounts, and other such 16 financial instruments, and shall include products that give 17 participants the option of committing their contributions for 18 an extended time period in an effort to obtain higher returns 19 than could be obtained from investment products offering full 20 liquidity. 21 3. The board shall not contract with any provider that 22 imposes a front-end, back-end, contingent, or deferred sales 23 charge, or any other fee that limits or restricts the ability 24 of participants to select any investment product available in 25 the optional program. This prohibition shall not apply to fees 26 or charges that are imposed on withdrawals from products that 27 give participants the option of committing their contributions 28 for an extended time period in an effort to obtain higher 29 returns than could be obtained from investment products 30 offering full liquidity, provided that the product in 31 question, net of all fees and charges, produces material 14 File original & 9 copies 05/03/01 hbd0011 03:50 pm 00347-0045-603071
HOUSE AMENDMENT Bill No. CS/HB 347, 1st Eng. Amendment No. ___ (for drafter's use only) 1 benefits relative to other comparable products in the program 2 offering full liquidity. 3 4. Fees or charges for insurance features, such as 4 mortality and expense risk charges, shall be reasonable 5 relative to the benefits provided. 6 (f)1. An approved provider shall comply with all 7 applicable federal and state securities and insurance laws and 8 regulations, as well as the applicable rules and guidelines of 9 the National Association of Securities Dealers (NASD) 10 governing the ethical marketing of investment products. In 11 furtherance of this mandate, an approved provider must agree 12 in its contract with the board to establish and maintain a 13 compliance education and monitoring system to supervise the 14 activities of all personnel who directly communicate with 15 individual participants and recommend investment products, 16 which system is consistent with National Association of 17 Security Dealers rules. 18 2. Approved provider personnel who directly 19 communicate with individual participants and who recommend 20 investment products shall make an independent and unbiased 21 determination as to whether an investment product is suitable 22 for a particular participant. 23 3. The board shall develop procedures to receive and 24 resolve participant complaints against a provider or approved 25 provider personnel, and, when appropriate, refer such 26 complaints to the appropriate regulatory agency. 27 4. Approved providers are prohibited from selling or 28 in any way distributing any customer list or participant 29 identification information generated through their offering of 30 products or services through the optional retirement program. 31 Section 8. The appointment of the executive director 15 File original & 9 copies 05/03/01 hbd0011 03:50 pm 00347-0045-603071
HOUSE AMENDMENT Bill No. CS/HB 347, 1st Eng. Amendment No. ___ (for drafter's use only) 1 of the State Board of Administration shall be subject to the 2 approval by a majority vote of the Board of Trustees of the 3 State Board of Administration and the Governor must vote on 4 the prevailing side. Such appointment must be reaffirmed in 5 the same manner by the Board of Trustees on an annual basis. 6 Section 9. Section 112.18, Florida Statutes, is 7 amended to read: 8 112.18 Firefighters and state law enforcement 9 officers; special provisions relative to disability.-- 10 (1) Any condition or impairment of health of any 11 Florida state, municipal, county, port authority, special tax 12 district, or fire control district firefighter or any state 13 law enforcement officer, correctional officer, or correctional 14 probation officer as defined in s. 943.10(1), (2), or (3), 15 respectively, caused by tuberculosis, heart disease, or 16 hypertension resulting in total or partial disability or death 17 shall be presumed to have been accidental and to have been 18 suffered in the line of duty unless the contrary be shown by 19 competent evidence. However, any such firefighter or state law 20 enforcement officer shall have successfully passed a physical 21 examination upon entering into any such service as a 22 firefighter or state law enforcement officer, correctional 23 officer, or correctional probation officer, which examination 24 failed to reveal any evidence of any such condition. Such 25 presumption shall not apply to benefits payable under or 26 granted in a policy of life insurance or disability insurance, 27 unless the insurer and insured have negotiated for such 28 additional benefits to be included in the policy contract. 29 (2) This section shall be construed to authorize the 30 above governmental entities to negotiate policy contracts for 31 life and disability insurance to include accidental death 16 File original & 9 copies 05/03/01 hbd0011 03:50 pm 00347-0045-603071
HOUSE AMENDMENT Bill No. CS/HB 347, 1st Eng. Amendment No. ___ (for drafter's use only) 1 benefits or double indemnity coverage which shall include the 2 presumption that any condition or impairment of health of any 3 firefighter, law enforcement officer, correctional officer, or 4 correctional probation officer caused by tuberculosis, heart 5 disease, or hypertension resulting in total or partial 6 disability or death was accidental and suffered in the line of 7 duty, unless the contrary be shown by competent evidence. 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 On page 23, line 27, through page 24, line 22, of the 13 amendment 14 remove: all of said lines 15 16 and insert in lieu thereof: 17 technicians, or paramedics; amending s. 18 121.055, F.S., relating to the Senior 19 Management Service Class; requiring 20 participation in the class by assistant 21 attorneys general; amending s. 121.4501, F.S.; 22 redefining the term "approved provider"; 23 providing requirements for the State Board of 24 Administration in carrying out its duties under 25 the program; providing requirements for 26 approved providers regarding federal and state 27 laws and regulations, and for communications 28 with participants; providing requirements for 29 the appointment of the executive director of 30 the State Board of Administration; amending s. 31 112.18, F.S.; expanding the provisions of law 17 File original & 9 copies 05/03/01 hbd0011 03:50 pm 00347-0045-603071
HOUSE AMENDMENT Bill No. CS/HB 347, 1st Eng. Amendment No. ___ (for drafter's use only) 1 with respect to disability in the line of duty 2 to include all law enforcement officers and 3 certain correctional officers and correctional 4 probation officers; amending s. 121.0515, F.S.; 5 allowing 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 18 File original & 9 copies 05/03/01 hbd0011 03:50 pm 00347-0045-603071