Florida Senate - 2010                                    SB 1230
       
       
       
       By Senator Crist
       
       
       
       
       12-00864-10                                           20101230__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Retirement System;
    3         amending s. 121.055, F.S.; authorizing certain
    4         positions in the offices of the capital collateral
    5         regional counsels to be designated for inclusion in
    6         the Senior Management Service Class; providing
    7         requirements for such inclusion; providing an
    8         effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (h) of subsection (1) of section
   13  121.055, Florida Statutes, is amended to read:
   14         121.055 Senior Management Service Class.—There is hereby
   15  established a separate class of membership within the Florida
   16  Retirement System to be known as the “Senior Management Service
   17  Class,” which shall become effective February 1, 1987.
   18         (1)
   19         (h)1. Except as provided in subparagraph 3., effective
   20  January 1, 1994, participation in the Senior Management Service
   21  Class shall be compulsory for the State Courts Administrator and
   22  the Deputy State Courts Administrators, the Clerk of the Supreme
   23  Court, the Marshal of the Supreme Court, the Executive Director
   24  of the Justice Administrative Commission, the capital collateral
   25  regional counsel, the clerks of the district courts of appeals,
   26  the marshals of the district courts of appeals, and the trial
   27  court administrator and the Chief Deputy Court Administrator in
   28  each judicial circuit. Effective January 1, 1994, additional
   29  positions in the offices of the state attorney and public
   30  defender in each judicial circuit and in the offices of the
   31  capital collateral regional counsel in each region may be
   32  designated for inclusion in the Senior Management Service Class
   33  of the Florida Retirement System, provided that:
   34         a. Positions to be included in the class shall be
   35  designated by the state attorney, or public defender, or capital
   36  collateral regional counsel, as appropriate. Notice of intent to
   37  designate positions for inclusion in the class shall be
   38  published once a week for 2 consecutive weeks in a newspaper of
   39  general circulation published in the county or counties
   40  affected, as provided in chapter 50.
   41         b. One nonelective full-time position may be designated for
   42  each state attorney, and public defender, and capital collateral
   43  regional counsel reporting to the Department of Management
   44  Services; for agencies with 200 or more regularly established
   45  positions under the state attorney, or public defender, or
   46  capital collateral regional counsel, additional nonelective
   47  full-time positions may be designated, not to exceed 0.5 percent
   48  of the regularly established positions within the agency.
   49         c. Each position added to the class must be a managerial or
   50  policymaking position filled by an employee who serves at the
   51  pleasure of the state attorney, or public defender, or capital
   52  collateral regional counsel without civil service protection,
   53  and who:
   54         (I) Heads an organizational unit; or
   55         (II) Has responsibility to effect or recommend personnel,
   56  budget, expenditure, or policy decisions in his or her areas of
   57  responsibility.
   58         2. Participation in this class shall be compulsory, except
   59  as provided in subparagraph 3., for any judicial employee who
   60  holds a position designated for coverage in the Senior
   61  Management Service Class, and such participation shall continue
   62  until the employee terminates employment in a covered position.
   63  Effective January 1, 2001, participation in this class is
   64  compulsory for assistant state attorneys, assistant statewide
   65  prosecutors, assistant public defenders, and assistant capital
   66  collateral regional counsel. Effective January 1, 2002,
   67  participation in this class is compulsory for assistant
   68  attorneys general.
   69         3. In lieu of participation in the Senior Management
   70  Service Class, such members, excluding assistant state
   71  attorneys, assistant public defenders, assistant statewide
   72  prosecutors, assistant attorneys general, and assistant capital
   73  collateral regional counsel, may participate in the Senior
   74  Management Service Optional Annuity Program as established in
   75  subsection (6).
   76         Section 2. This act shall take effect July 1, 2010.