Florida Senate - 2016                                    SB 1356
       By Senator Brandes
       22-01074-16                                           20161356__
    1                        A bill to be entitled                      
    2         An act relating to employment after retirement of
    3         school district personnel; amending s. 1012.33, F.S.;
    4         revising provisions relating to reemployment of
    5         retirees as instructional personnel on a contract
    6         basis; providing legislative intent and findings to
    7         clarify authorization to award contracts; providing
    8         requirements for a judgment in certain civil actions
    9         or administrative proceedings; providing
   10         applicability; providing a directive to the Division
   11         of Law Revision and Information; providing an
   12         effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Subsection (8) of section 1012.33, Florida
   17  Statutes, is amended to read:
   18         1012.33 Contracts with instructional staff, supervisors,
   19  and school principals.—
   20         (8) Notwithstanding any other provision of law, a district
   21  school board may reemploy a retiree as instructional personnel,
   22  as defined in s. 1012.01, under a 1-year probationary contract,
   23  as defined in s. 1012.335(1). If the retiree successfully
   24  completes the probationary contract, the district school board
   25  may reemploy the retiree under an annual contract, as defined in
   26  s. 1012.335(1).
   27         (a) Neither this subsection nor any other law enacted
   28  before the effective date of this act allows, or was intended to
   29  allow, a retiree to be awarded a professional service contract.
   30  The Legislature finds that the holding in Orange County School
   31  Board v. Rachman and Schuman, 87 So. 3d 48 (Fla. 5th DCA 2012),
   32  which found that retirees under s. 121.091(9)(b)1.a. and this
   33  subsection as enacted before the effective date of this act were
   34  entitled to a professional service contract, was contrary to the
   35  legislative intent at the time the statutes were enacted. The
   36  Legislature finds that retirees under s. 121.091(9), regardless
   37  of the retiree’s date of retirement, and under this subsection
   38  are not eligible, and were never eligible, to receive a
   39  professional service contract under this section or any other
   40  law. In a civil action or administrative proceeding, if a
   41  classroom teacher was formerly retired and then reemployed by
   42  the district school board pursuant to s. 121.091(9) and this
   43  section as enacted before the effective date of this act, the
   44  Legislature intends, in accordance with the findings expressed
   45  in this subsection, that a judgment be entered against that
   46  classroom teacher on any claim or cause of action against the
   47  district school board, the district school superintendent, or a
   48  district school board employee for not awarding that teacher a
   49  professional service contract.
   50         (b) This subsection does not void, is not intended to void,
   51  and does not in any way impair any professional service contract
   52  inadvertently awarded by a district school board to a retiree
   53  before the effective date of this act retired member may
   54  interrupt retirement and be reemployed in any public school. A
   55  member reemployed by the same district from which he or she
   56  retired may be employed on a probationary contractual basis as
   57  provided in subsection (1).
   58         Section 2. The Division of Law Revision and Information is
   59  directed to replace the phrase “the effective date of this act”
   60  wherever it occurs in this act with the date this act becomes a
   61  law.
   62         Section 3. This act shall take effect upon becoming a law.