Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 1356
Senate . House
Comm: RS .
Appropriations Subcommittee on Education (Stargel) recommended
1 Senate Amendment (with title amendment)
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (8) of section 1012.33, Florida
6 Statutes, is amended to read:
7 1012.33 Contracts with instructional staff, supervisors,
8 and school principals.—
9 (8) Notwithstanding any other provision of law, a retired
10 member may interrupt retirement and be reemployed in any public
11 school as instructional personnel under a 1-year probationary
12 contract, as defined in s. 1012.335(1). If the retiree
13 successfully completes the probationary contract, the district
14 school board may reemploy the retiree under an annual contract
15 as defined in s. 1012.335(1). The retiree is not eligible for a
16 professional service contract
A member reemployed by the same
17 district from which he or she retired may be employed on a
18 probationary contractual basis as provided in subsection (1).
19 Section 2. The Legislature finds that the opinion of the
20 Fifth District Court of Appeal in Orange County School Board v.
21 Rachman, 87 So.3d 48 (Fla. 5th DCA 2012), interprets s. 1012.33
22 and s. 121.091, Florida Statutes (2010), in a manner that is
23 inconsistent with the intent of the Legislature. Those statutes
24 were not intended to allow a retiree to qualify for a
25 professional service contract.
26 Section 3. The amendment made to subsection (8) of s.
27 1012.33, Florida Statutes, is remedial in nature, is intended to
28 clarify existing law, and applies retroactively to retirees who
29 have been reemployed as instructional personnel but who do not
30 hold a professional service contract. Furthermore, this act does
31 not provide a basis to void a professional service contract held
32 before the effective date of this act.
33 Section 4. This act shall take effect upon becoming a law.
34 ================= T I T L E A M E N D M E N T ================
35 And the title is amended as follows:
36 Delete everything before the enacting clause
37 and insert:
38 A bill to be entitled
39 An act relating to employment after retirement of
40 school district personnel; amending s. 1012.33, F.S.;
41 revising provisions relating to reemployment of
42 retirees as instructional personal on a contract
43 basis; providing legislative intent regarding a
44 judicial opinion relating to the eligibility of a
45 retiree for a professional service contract; providing
46 for the retroactive application of the act relating to
47 retirees who have not been awarded a professional
48 service contract; providing an effective date.