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2009 Legislation

Bills Passed

In the 2009 Regular Session, the Florida Legislature passed the following retirement legislation and related bills of significance to members of the Florida Retirement System (FRS) and other public retirement plans. Passed bills are presented to the Governor and approved before they may be enacted into law. Click on the bill number to access the associated page on "Online Sunshine" for more information (bill text, analyses, amendments, vote histories, etc.). A brief summary of each passed bill follows.

General Bills Passed - Retirement Bills

Enrolled CS/CS/HB 479, 3rd Eng. - [Passed, Enrolled] Approved, Chapter No. 2009-209
Effective July 1, 2009, this legislation revises provisions relating to participation in FRS; provides requirements and restrictions on use of promotional materials; excludes participation of certain persons and entities; revises provisions relating to receiving credit for past or prior service; revises provisions relating to retirement benefits and renewed membership.
Enrolled CS/SB 538, 1st Eng. - [Passed, Enrolled] Approved, Chapter No. 2009-97
Effective July 1, 2009, this legislation modifies provisions of chapters 175 and 185, F.S., relating to municipal and special district pension plans for firefighters and police officers, respectively. The legislation revises the definition of the term "creditable service" for purposes of determining credit for prior service as a firefighter or police officer; authorizes terms of office for boards of trustees of pension and retirement trust funds to be revised under certain circumstances; authorizes trust fund plan administrators to withhold specified funds; provides requirements for board of trustees.
Enrolled CS/SB 1802, 1st Eng. - [Passed, Enrolled] Approved, Chapter No. 2009-76
Effective July 1, 2009, this legislations revises the payroll contribution rates for the membership classes of the Florida Retirement System for the state fiscal years effective July 1, 2009, and July 1, 2010.

General Bills Passed - Bills Affecting Administration of Retirement Laws

Enrolled SB 1284 - [Passed, Enrolled] Approved, Chapter No. 2009-21
Effective July 7, 2009, this legislation amends, deletes, and reenacts provisions that have expired, have become obsolete, have had their effect, have served their purpose, or have been impliedly repealed or superseded; replaces incorrect cross-references and citations; corrects grammatical, typographical, and like errors; removes inconsistencies, redundancies, and unnecessary repetition in the statutes.
Enrolled CS/HB 7051 - [Passed, Enrolled] Approved, Chapter No. 2009-237
Effective October 1, 2009, this legislation provides that social security numbers of current and former agency employees held by the employing agency are confidential and exempt; authorizes said employees to provide written notice to another agency to maintain the confidential and exempt status of such social security number; requires that an agency identify the laws governing the collection, use, and release of social security numbers and ensure that it complies with such laws.

Local Bills Passed

Enrolled HB 877 - [Passed, Enrolled] Approved, Chapter No. 2009-255
Effective upon becoming law, this legislation increases permitted rate of investment in fixed real estate assets by Jacksonville Police and Fire Pension Board of Trustees.
Enrolled CS/HB 1433 - [Passed, Enrolled] Approved, Chapter No. 2009-268
Effective upon becoming law, this legislation relating to the Orlando/Firefighter Pension Fund of Orange County provides member with 20 years or more of service who is involuntarily determined to be disabled not in line of duty right to elect normal service retirement; changes accrual rate for normal retirement benefit; changes accrual rate for line of duty death benefits.

Proposed Bills

The following retirement bills and related bills of significance to members of the FRS and other public retirement plans were filed for consideration during the 2009 Regular Session of the Florida Legislature. You can jump to a brief summary via the bill's link in the subject listing below. From there, if you click on the underlined bill number, you will access the "Online Sunshine" legislative page for that bill. At this Web site, you can view any version of a bill, review a bill's progress, and locate any related bills. (Passed bills are shown in boldface type)

Bills Listed by Subject Area

FRS Membership Classes:
Elected Officers' Class - SB 1214
Regular Class - SB 1482
Senior Management Service Class - SB 932, HB 1049, SB 1188
Special Risk Class - HB 605, HB 673, HB 697, HB 1027, HB 1057, SB 1072, HB 1191, SB 1258, SB 1572, SB 1942, SB 2208, SB 2238, SB 2406
FRS Pension Plan Benefits, Rights, and Features:
Average Final Compensation (AFC) - SB 1484
Contributions and Funding - SB 1802, SB 1832, HB 5137
Military Service Credit - SB 550, HB 977
Miscellaneous - SB 1284, SB 1852,
Participation/Transfer - SB 534, SB 1080, HB 1177,
FRS Programs:
Deferred Retirement Option Program (DROP) - HB 605, SB 1072
State University System Optional Retirement Program (SUSORP) - SB 600, HB 621
Local Governments:
Local Bills - HB 877, HB 1373, HB 1433, SB 2718
Miscellaneous:
Administration - SB 2160
Charter Schools - SB 610
Divestiture - SB 2488
Public Records - SB 1838, HB 7051
Police/Fire Plans (chs. 175/185, F.S.):
Administration - HB 5, SB 538, HB 673
Retirees and Retiree Benefits:
Health Insurance Susbidy (HIS) - SB 1486
Reemployment after Retirement - HB 479, HB 605, HB 697, SB 1072, SB 1182, SB 1214, SB 2208
 

Summary of Proposed House Bills

CS/CS/CS/HB 5 - [Laid on Table; see SB 538]
This substitute bill by Representative Hooper would have modified plans for firefighters and police officers, respectively. The bill would have revised the definition of the term "creditable service" for purposes of determining credit for prior service as a firefighter or police officer; authorized terms of office for boards of trustees of pension and retirement trust funds to be revised under certain circumstances; authorized trust fund plan administrators to withhold specified funds; provided requirements for board of trustees.
CS/CS/HB 479, 3rd Eng. - [Passed, Enrolled]
See Passed Bill description above.
HB 605 - [Died in H Committee]
This bill by Representative Snyder would have prohibited certain members of the Special Risk Class from being reemployed or contracting with the same employing agency from which the member retired and extend the period of time during which certain Special Risk Class members may participate in FRS DROP.
CS/HB 621 - [Died in H Council]
This substitute bill by Representative Heller relating to the State University System Optional Retirement Program (SUSORP) would have revised provisions relating to provider contracts that provide benefits to program participants; increased the number of companies that may provide contracts from five to seven.
HB 673 - [Withdrawn]
This bill by Representative Domino would have authorized certain employees to purchase retirement credit for past service at three percent Special Risk Class accrual value; provided for continued receipt of premium taxes by plans established pursuant to chapters 175 and 185, F.S., after transfer, merger, or consolidation of governmental functions or plan sponsor's election to participate in another state retirement system.
HB 697 - [Died in H Committee]
This bill by Representative Abruzzo would have revised provisions relating to benefits payable for total and permanent disability for certain Special Risk Class members of FRS who are injured in line of duty; authorized reemployment of person who retired with in-line-of-duty disability benefits by specified employers.
HB 877 - [Passed, Enrolled]
See Passed Bill description above.
HB 977 - [Died in H Committee]
This bill by Representative Garcia would have authorized additional persons to purchase credit for prior military wartime service and revised the payroll contribution rates for the membership classes of the FRS.
HB 1027 - [Died in H Committee]
This bill by Representative Plakon would have created the "Adam Pierce Act" to create a qualifying injury standard for a Special Risk Class member. The injured employee who reaches maximum medical improvement after an in-the-line-of duty qualifying injury as certified by two physicians would have retained Special Risk Class membership for as long as the member is employed by the same employer at the time of injury.
HB 1049 - [Died in H Committee]
This bill by Representative Bembry would have provided that election to participate in the SMSC by elected county officers does not affect the statutory limit on the number of nonelective full-time positions that may be designated for inclusion in the class by a school district; authorized the designation of a certain number of nonelective full-time positions for certain school districts for inclusion in said class.
HB 1057 - [Died in H Committee]
This bill by Representative Rogers would have redefined the term "special risk member" to include members employed by public acute care hospitals serving certain patients; revised criteria for membership in the special risk class to include members employed by public acute care hospitals serving certain patients.
HB 1177 - [Died in H Committee]
This bill by Representative Burgin would have revised provisions relating to legislative intent to provide for operation of the lottery under a management agreement; provided for a management agreement under which the lottery may be operated and if the Department of the Lottery enters into a management agreement, no employee or contractor of the manager shall receive membership in the FRS or any other state retirement or other state employee benefits on the basis of such employment or contract.
HB 1191 - [Died in H Committee]
This bill by Representative Patterson would have provided conditions under which law enforcement officer, correctional officer, or correctional probation officer who suffered from a specified medical condition and has materially departed from prescribed treatment for that condition shall lose a specified presumption for claims made after a specified date.
HB 1373 - [Died in H Committee]
This bill by Representative Scionti would have amended provisions of General Employees' Pension Plan for City of Tampa; provided that city shall pay certain fund contributions; provided non-spouse beneficiaries option to rollover death benefits; revised benefit limits; provided default distribution when member fails to choose option; revised direct rollover options.
CS/HB 1433 - [Passed, Enrolled]
See Passed Bill description above.
HB 5137 - [Laid on Table; see CS/SB 1802]
This bill by Representative Hays would have revised the payroll contribution rates for the membership classes of the Florida Retirement System for the state fiscal years effective July 1, 2009, and July 1, 2010.
CS/HB 7051 - [Passed, Enrolled]
See Passed Bill description above.

Summary of Proposed Senate Bills

SB 534 - [Withdrawn]
This bill by Senator Fasano would have changed the name of the Public Employee Optional Retirement Program to the Public Employee Retirement Investment Program; limited the option of enrolling in the State Retirement System's defined benefit program or defined contribution program to public employees employed prior to January 1, 2010; required public employees employed on or after such date to enroll in the defined contribution program.
CS/SB 538, 1st Eng. - [Passed, Enrolled]
See Passed Bill description above.
SB 550 - [Died in S Committee]
This bill by Senator Aronberg would have authorized additional persons to purchase credit for prior military wartime service and revise the payroll contribution rates for the membership classes of the FRS.
SB 600 - [Died in S Committee]
This bill by Senator Fasano relating to the State University System Optional Retirement Program (SUSORP) would have revised provisions relating to provider contracts that provide benefits to program participants; increased the number of companies that may provide contracts from five to seven.
SB 610 - [Withdrawn]
This bill by Senator Wise would have provided the purpose of the Florida Schools of Excellence Commission; provided that the commission may authorize new sources of community support to participate as cosponsors in developing and supporting charter schools; revised the application requirements to sponsor a FSE charter school; provided requirements under which the commission may sponsor a conversion charter school and a FSE charter school.
SB 932 - [Died in S Committee]
This bill by the Transportation Committee would have provided for the salary and benefits of the executive director of the Florida Transportation Commission to be set in accordance with the Senior Management Service Class; redefine the term "agency" for purposes of chapter 120, F.S., to include certain regional transportation and transit authorities.
CS/SB 1072 - [Died in S Committee]
This substitute bill by Senator Baker would have prohibited certain members of the Special Risk Class from being reemployed or contracting with the same employing agency from which the member retired; extended the period of time during which certain Special Risk members may participate in the FRS DROP.
SB 1080 - [Died in S Committee]
This bill by Senator Smith would have revised provisions relating to legislative intent to provide for operation of the lottery under a management agreement; provided for a management agreement under which the lottery may be operated and if the Department of the Lottery enters into a management agreement, no employee or contractor of the manager shall receive membership in the FRS or any other state retirement or other state employee benefits on the basis of such employment or contract.
CS/CS/CS/SB 1182 - [Laid on Table; see CS/CS/HB 479, 2nd Eng.]
This substitute bill by Senators Fasano and Gaetz would have prohibited a retired person from receiving both a salary from an employer in the state-administered retirement system and retirement benefits, and from reenrolling in the State Retirement System; prohibited a retired member from reenrolling in the State Retirement System after a certain date.
SB 1188 - [Died in S Committee]
This bill by Senator Wise would have provided that election to participate in the SMSC by elected county officers does not affect the statutory limit on the number of nonelective full-time positions that may be designated for inclusion in the class by a school district; authorized the designation of a certain number of nonelective full-time positions for certain school districts for inclusion in said class.
SB 1214 - [Withdrawn]
This bill by Senator Fasano would have deleted a provision that allows a retired member of the Elected Officers' Class to receive retirement benefits while receiving compensation for elected officer service; prohibited an elected officer from receiving both a salary from an employer in the state-administered retirement system and retirement benefits.
SB 1258 - [Died in S Committee]
This bill by Senator Hill would have redefined the term "special risk member" to include members employed by public acute care hospitals serving certain patients; revised criteria for membership in the special risk class to include members employed by public acute care hospitals serving certain patients.
SB 1284 - [Passed, Enrolled]
See Passed Bill description above.
SB 1482 - [Died in S Committee]
This bill by Senator Lawson would have redefined the terms "normal retirement date" and "normal retirement age" to allow normal retirement of Regular Class members after 25 years of creditable service and attainment of age 50.
SB 1484 - [Died in S Committee]
This bill by Senator Lawson would have redefined the term "average final compensation" with respect to the system; conformed a provision relating to calculation of the monthly normal retirement benefit.
SB 1486 - [Died in S Committee]
This bill by Senator Lawson would have increased the minimum and maximum health insurance subsidies for each eligible FRS retiree beginning January 1, 2010 to $6 per year and then to $7 per year beginning January 1, 2011; increased the contribution paid by employers to 1.75 percent of member's or participant's gross compensation effective January 1, 2010.
SB 1572 - [Died in S Committee]
This bill by Senator Deutch would have authorized certain employees to purchase retirement credit for past service at three percent Special Risk Class accrual value; provided for continued receipt of premium taxes by plans established pursuant to chapters 175 and 185, F.S., after transfer, merger, or consolidation of governmental functions or plan sponsor's election to participate in another state retirement system.
CS/SB 1802 - [Passed, Enrolled]
See Passed Bill description above.
CS/SB 1832 - [Died in S Committee]
This substitute bill by Governmental Oversight and Accountability would have revised the payroll contribution rates for the membership classes of the Florida Retirement System for the state fiscal years effective July 1, 2009, and July 1, 2010; transferred the Division of Retirement and all related powers and duties from the DMS to the SBA; directed the Division of Statutory Revision to prepare a bill for consideration by the Legislature conforming provisions of the Florida Statutes to changes made by the act.
CS/SB 1838 - [Laid on Table; see CS/HB 7051]
This bill by Governmental Oversight and Accountability would provide that social security numbers of current and former agency employees held by the employing agency are confidential and exempt; authorize said employees to provide written notice to another agency to maintain the confidential and exempt status of such social security number; require that an agency identify the laws governing the collection, use, and release of social security numbers and ensure that it complies with such laws.
SB 1852 - [Died in S Committee]
This bill by Governmental Oversight and Accountability would have required promotional materials that refer to the FRS to include a disclaimer unless approval is obtained from the Department of Management Services; revised provisions relating to participation in the system; revised the dates a governing body of a municipality or special district may elect to designate its elected positions for inclusion in the Elected Officers' Class.
SB 1942 - [Died in S Committee]
This bill by Senator Altman would have created the "Adam Pierce Act" to create a qualifying injury standard for a Special Risk Class member. The injured employee who reaches maximum medical improvement after an in-the-line-of duty qualifying injury as certified by two physicians would retain Special Risk Class membership for as long as the member is employed by the same employer at the time of injury.
CS/CS/SB 2160 - [Died in S Council]
This bill by Senator Haridopolos would have deleted obsolete provisions relating to agency review of rules; deleted provisions relating to reports on interstate compacts relating to pension portability.
SB 2208 - [Died in S Committee]
This bill by Senator Baker would have provided that ceratin members of the Special Risk Class who retired under the disability retirement provisions of the FRS may be reemployed and continue to receive their disability retirement benefits.
SB 2238 - [Died in S Committee]
This bill by Senator Aronberg would have authorized certain employees to purchase retirement credit for past service at three percent Special Risk Class accrual value.
SB 2406 - [Died in S Committee]
This bill by Senator Oelrich would have provided conditions under which law enforcement officer, correctional officer, or correctional probation officer who suffers from a specified medical condition and has materially departed from prescribed treatment for that condition shall lose a specified presumption for claims made after a specified date.
SB 2488 - [Died in S Committee]
This bill by Senator Deutch would have required public employee deferred compensation plans, the state employee Senior Management Service Optional Annuity Program, the State University Optional Retirement Program, the Public Employee Optional Retirement Program, firefighters' pension plans, police officers retirement trust funds, local government investment plans, and the State Community College System Optional Retirement Program to identify and divest of any scrutinized companies.
SB 2718 - [Withdrawn]
This bill by Senator Joyner would have amended provisions of General Employees' Pension Plan for City of Tampa; provided that city shall pay certain fund contributions; provided non-spouse beneficiaries option to rollover death benefits; revised benefit limits; provided default distribution when member fails to choose option; revised direct rollover options.