s. 63.092 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 63.212

the home. Pending the court's determination, the child shall remain in the custody of the parent or be placed in the temporary custody of the department. A determination as to suitability under this section shall not act as a presumption of suitability at the final hearing.

(5) Upon a finding by the department that an intermediary has violated the provisions of this sec­tion, the department is authorized to obtain an in­junction to prohibit said intermediary from placing a minor for adoption in the future.

History.-s. 9, ch. 73-159; s. 5, ch. 75-226; s. 18, ch. 77-147; s. 5, ch. 78-190; s. 4, ch. 80-296.

63.162 Hearings and records in adoption pro­ceedings; confidential nature.-Notwithstanding any other law concerning public hearings and records:

(1) All hearings held in proceedings under this act shall be held in closed court without admittance of any person other than essential officers of the court, the parties, witnesses, counsel, persons who have not consented to the adoption and are required to consent, and representatives of the agencies who are present to perform their official duties.

(2) All papers and records pertaining to the adop­tion, including the original birth certificate, whether part ofthe permanent record ofthe court or ofa.file in the Department of Health and Rehabilitative Ser­vices or in an agency, are subject to inspection only upon order of the court; however, the petitioner in any proceeding for adoption under this chapter may, at the option of the petitioner, make public the rea­sons for a denial of the petition for adoption. Such order shall specify which portion of said records are subject to inspection, and may exclude the name and identifying information concerning the natural par­ent or adoptee. In the case of a nonagency adoption, the department shall be permitted to present to the court a report on the advisability of disclosing or not disclosing information pertaining to the adoption. In the case of an agency adoption, the agency shall be permitted to present to the court a report on the advisability of disclosing or not disclosing informa­tion pertaining to the adoption. Nothing in this sub­section shall be construed to mean that the depart­ment shall not have the right to inspect and copy any official record pertaining to the adoption that is maintained by the department and that any licensed child-placing agency shall not have the right to in­spect and copy any official record pertaining to the adoption that is maintained by the agency.

(3) The court files, records, and papers in adop­tion of minors shall be indexed only in the name of the petitioner, and the name of the minor shall not be noted on any docket, index, or other record out­side the court file, except that closed agency files may be cross-referenced in the original and adoptive names of the minor.

(4) No person shall disclose from the records the name and identity of a natural parent, an adoptive parent, or an adopted child unless:

(a) The natural parent authorizes in writing the release of his or her name;

(b) The adopted child, if 18 or more years of age, authorizes in writing the release of his or her name;

(c) The adoptive parent authorizes in writing the

51

release of his or her name; or (d) Upon order of the court for good cause shown

in an exceptional case. (5) In releasing any information, the confidenti­

ality of the natural parents shall be protected unless the natural parent or parents have authorized in writing the release of such information. No specific names or identifying information shall be given in a family medical history. All information as to the family medical history of the child and the natural parents, when available, shall be furnished to the adopting parents prior to finalization of the adop­tion, but is otherwise confidential; except that said information shall be furnished to the adopted person at the time he reaches majority, upon his request.

History.-s. 16, ch. 73-159; s. 10, ch. 75-226; s. 2, ch. 77-140; s. 22, ch. 77-147; s. 2, ch. 77-446; s. 3, ch. 78-190; s. 5, ch. 80-296.

63.212 Penalties.-(!) It is unlawful for any person: (a) Except the Department of Health and Reha­

bilitative Services or an agency, to place or attempt to place without the state a child for adoption unless the child is placed with a relative within the third degree or a stepparent. -

(b) To sell or surrender or to arrange for the sale or surrender of a child to another person for money or anything of value or to receive such minor child for such payment or thing of value; however, nothing herein shall be construed as prohibiting any person who is contemplating adopting a child from paying actual prenatal care and living expenses of the moth­er of the child to be adopted, nor from paying actual living and medical expenses of such mother for a reasonable time, not to exceed 30 days, after the birth of the child.

(c) · Having the rights and duties of a parent with respect to the care and custody of a minor to assign or transfer such parental rights for the purpose of, incidental to, or otherwise connected with, selling or offering to sell such rights and duties.

(d) To assist in the commission of any acts pro­hibited in paragraphs (a), (b), or (c).

(e) To charge or accept any fee or compensation of any nature from anyone other than a licensed agency for making \3. referral for or in connection with an adoption.

(2) Nothing herein shall be construed to prohibit a licensed child-placing agency from charging fees reasonably commensurate to the services provided.

(3) It is unlawful for any intermediary to fail to report to the department, at least 30 days prior to placement, unless waived by the department as pro­vided for in s. 63.092(1), the intended placement of a child for purposes of adoption with any person not a stepparent or a relative within the third degree, if the intermediary participates in such intended placement.

(4) It is unlawful for any intermediary to charge any fee, including those costs as set out in paragraph (l)(b), over $500 other than for actual documented medical costs, court costs, and hospital costs unless such charges are approved by the court prior to pay­ment to the intermediary.

(5) It is unlawful for any intermediary to counsel a natural mother to leave the state for the purpose of giving birth to a child outside of the state in order

s. 63.212 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 83.135

to secure a fee in excess of that permitted under s. 63.097 when it is the intention that the child be placed for adoption outside of the state.

(6) Whoever violates any provision of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.-s. 21, ch. 73-159; s. 13, ch. 75-226; s. 25, ch. 77-147; s. 1, ch. 77-174; s. 9, ch. 78-190; s. 6, ch. 80-296.

CHAPTER 75

BOND VALIDATION

75.04 Complaint.

75.04 Complaint.-(!) The complaint shall set out the plaintiffs au­

thority for incurring the bonded debt or issuing cer­tificates of debt, the holding of an election and the result when an election is required, the ordinance, resolution, or other proceeding authorizing the issue and its adoption, all other essential proceedings had or taken in connection therewith, the amount of the bonds or certificates to be issued and the interest they are to bear; and, in case of a drainage, conserva­tion, or reclamation district, the authority for the creation of such district, for the issuance of bonds, for the levy and assessment of taxes and all other pertinent matters.

(2) In the case of an independent special district as defined in s. 218.31(7), the complaint shall allege the creation of a trust indenture established by the petitioner for a bonded trustee acceptable to the court who shall certify the proper expenditure of the proceeds of the bonds.

History.-s. 2, ch. 6868, 1915; RGS 3297; s. 2, ch. 12003, 1927; CGL 5107, 5123, 5124; s. 1, ch. 14504, 1929; s. 25, ch. 67-254; s. 13, ch. 80-281.

CHAPTER 83

LANDLORD AND TENANJ'

PART I NONRESIDENTIAL TENANCIES

PART III MOBILE HOME PARK LOTS

83.11 83.12 83.13 83.135

I

PART I

NONRESIDENTIAL TENANCIES

Distress for rent; complaint. Distress for rent; form of writ. Distress for rent; levy of writ. Distress for rent; dissolution of writ.

83.11 Distress for rent; complaint.-Any per­son to whom any rent or money for advances is due or his agent or attorney may file an action in the court in the county where the land lies having juris­diction of the amount claimed, and the court shall have jurisdiction to order the relief provided in this

52

part. The complaint shall be verified and shall allege the name and relationship of the defendant to the plaintiff, how the obligation for rent arose, the amount or quality and value of the rent due for such land, or the advances, and whether payable in mon­ey, an agricultural product, or any other thing of value.

History.-s. 2, ch. 3131, 1879; RS 1764; GS 2240; RGS 3559; CGL 5423; s. 34, ch. 67-254; s. 1, ch. 80-282.

83.12 Distress for rent; form of writ.-A dis­tress writ shall be issued by a judge of the court which has jurisdiction of the amount claimed. The wr.it shall enjoin the defendant from damaging, dis­posing of, secreting, or removing any property liable to distress from the rented real property after the time of service of the writ until the sheriff levies on the property, the writ iS vacated, or the court other­wise orders. A violation of the command of the writ may be punished as a contempt of court. If the de­fendant does not move for dissolution of the writ as provided ins. 83.135, the sheriff shall, pursuant to a further order of the court, levy on the property liable to distress forthwith after the time for answering the complaint has expired. Before the writ issues, the plaintiff or his agent or attorney shall file a bond with surety to be approved by the clerk payable to defendant in at least double the sum demanded, or if property, in double the value of the property sought to be levied on, conditioned to pay all costs and damages which defendant sustains in conse­quence of plaintiffs improperly suing out the dis­tress.

History.-s. 2, ch. 3131, 1879; RS 1765; GS 2241; s. 10, ch. 7838, 1919; RGS 3560; CGL 5424; s. 34, ch. 67-254; s. 2, ch. 80-282.

83.13 Distress for rent; levy of writ.-The of­ficer shall execute the writ by service on defendant and, upon the order of the court, by levy on property distrainable for rent or advances, if found in his ju~ risdiction. If the property is not so found but is in another jurisdiction, he s}J.all deliver the writ to the proper officer in the other jurisdiction and the other officer shall execute the writ, upon order of the court, by levying on said property and delivering it to the officer of the court in which the action is pending to be disposed of according to law unless he is ordered by the court from which the writ emanat­ed to hold the property and dispose of it in his juris­diction according to law. If the plaintiff shows by a sworn statement that the defendant cannot be found within the county, the levy on the property suffices as service on him.

History.-s. 3, ch. 3721, 1687; RS 1765; GS 2241i RGS 3560; CGL 5424; s: 34, ch. 67-254; s. 3, ch. 80-282.

83.135 Distress for rent; dissolution of writ.­The defendant may move for dissolution of a distress writ at any time. The court shall hear the motion not later than the day on which the sheriff is authorized under the writ to levy on property liable under dis­tress. If the plaintiff proves a prima facie case, or if the defendant defaufts, the court shall order the sheriff to proceed with the levy.

History.- s. 4, ch. 80-282.

s. 83.764 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 83.764

PART III

MOBILE HOME PARK LOTS

83.764 Purchase of equipment, installation of ap­pliances; fees, charges, assessments; rules and regulations.

83.795 Right of mobile home owners to peaceably assemble.

83.796 Right of mobile home owner to invite public officers or candidates for public office.

83.797 Injunctive relief.

83.764 Purchase of equipment, installation of appliances; fees, charges, assessments; rules and regulations.- ·

(1) No mobile home park owner or operator shall require a resident of the mobile home park to pur­chase from said owner or operator underskirting, equipment for tying down mobile homes, or any oth­er equipment required by law, local ordinance, or regulation of the mobile home park. However, the park operator may determine by rule or regulation the style or quality of such equipment to be pur­chased by the mobile home owner from the vendor of the mobile home owner's choosing.

(2) No mobile home park owner or operator shall charge any resident who chooses to install an elec­tric or gas appliance in his mobile home an addition­al fee solely on the basis of such installation or re­strict the installation, service, or maintenance of any such appliance or the making of any interior improvement in such mobile home, so long as such an installation or improvement is in compliance with applicable building codes and other provisions of law.

(3)(a) A mobile home park owner or operator shall be required to disclose fully in writing all fees, charges, assessments, and rules and regulations pri­or to a mobile home dweller's assuming occupancy in the park. No fees, charges, or assessments so dis­closed may be incre~ed, or rules and regulations changed, by the park owner or operator without specifying the date of implementation of said fees, charges, assessments, or rules and regulations, which date shall be no less than 30 days after written notice to all mobile home owners.

(b) A mobile home park owner or operator shall not charge any entrance or exit fees except for those fees -which are directly incurred by said park owner or operator as a result of the placing of a mobile home upon, or removal of a mobile home from, a park site. Any such fee shall be clearly identified in writing at the time that the rental agreement is signed or otherwise concluded.

(c) It is unlawful for any mobile home park own­er or operator or mobile home dealer to make any agreement, written or oral, whereby the fees author­-ized in this subsection shall be split between any such mobile home park owner or operator and any mobile home dealer. Any person who violates any of the provisions ofthis subsection is guilty of a misde­meanor of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) Failure on the part of the mobile home park owner or operator to disclose fully all fees, charges,

53

or assessments shall prevent the park owner or oper­ator from collecting said fees, charges, or assess­ments, and refusal by the dweller to pay any undis­closed charges shall not be used by the park owner or operator as a cause for eviction in any court of law.

(5) No person shall be required by a mobile home park owner or operator, as a condition of residence in the mobile home park, to provide any permanent improvements that become a part of the real proper­ty of the mobile home park owner or operator.

(6) Whenever an entrance fee is charged by a mobile home park owner or operator for the en­trance of a mobile home or a mobile home owner into the park and such mobile home or mobile home own­er leaves before 2 years have passed from the date on which the fee was charged, the fee shall be prorated and a portion returned as follows:

(a) Entrance fees shall be refunded at the rate of one twenty-fourth of said fee for each month short of 2 years that a mobile home owner maintains his mobile home within the park.

(b) Entrance fees shall be refunded within 15 days after the mobile home has been physically moved from the park. ·

No new entrance fees may be charged for. a move within the same park. This subsection shall not a:p­ply in instances in which the mobile home owner 1s evicted on grounds of nonpayment of rent, violation of a federal, state, or local ordinance, or violation of a reasonable park rule or regulation or leaves before the expiration date ofhis lease agreement. However, the sums due to the park by the mobile home owner may be offset against the balance due on the en­trance fee.

(7) No mobile home park owner or operator who purchases electricity or gas (natural, manufactured, or similar gaseous substance) from any public utility or municipally owned utility or who purchases water from a public. water system for the purpose of supply­ing or reselling the electricity, gas, or water to any other person to whom he leases, lets, rents, sub­leases, sublets, or subrents the premises upon which the electricity, gas, or water is to be used shall charge, demand, or receive, directly or indirectly, any amount for the resale of such electricity or gas greater than that amount charged by the public util­ity or municipally owned utility from whom the elec­tricity or gas was purchased or by the public water system from which the water was purchased; howev­er, as concerns the 'distribution of water, the park operator may charge for maintenance actually in­curred and administrative costs. This 'section shall not apply to a park owner or operator who is regulat­ed pursuant to chapter 367 or by a county water ordinance.

(8) An invitee of a mobile home park tenant shall have ingress and egress to and from the tenant's site without the tenant or invitee being required to pay a fee or any charge whatsoever·. For purposes-of this subsection, an invitee shall be defined as a person whose stay, at the request of a mobile home park tenant, does not exceed 15 consecutive days or 30 total days per year, unless such person has the per­mission of the park management. After October 1,

s. 83.764 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 90.6063

1976, any mobile home park rule or regulation pro­viding for such fees or charges shall be null and void.

History.-s. 2, ch. 72-28; s. 3, ch. 73-182; s. 12, ch. 73-330; s. 1, ch. 74-12; s. 3, ch . 74-160; s. 6, ch. 76-81; s. 1, ch. 76-278; s. 1, ch . 77-174; s. 1, ch. 80-105.

1Note.-As used here, this reference may mean "subsection." Note.-Former s. 83.70.

83.795 Right of mobile home owners to peaceably assemble.-No provision contained in any bylaw, lease, rental agreement, or rule pertain; ing to a mobile home park shall infringe upon the right of the mobile home owners to peaceably assem­ble in an open public meeting for any lawful purpose not detrimental to the interests of the majority of the tenants, at reasonable times and in a reasonable manner, in the common areas or recreational areas of the mobile home park.

History.-s. 1, ch. 80-92.

83.796 Right of mobile home owner to invite public officers or candidates for public office.­No provision contained in any bylaw, lease, rental agreement, or rule pertaining to a mobile home park shall infringe upon the right of a mobile home owner to invite public officers or candidates who have qual­ified for public office to appear and speak upon mat­ters of public interest in the common areas or recrea­tional areas of the mobile home park at reasonable times and in a reasonable manner in an open public meeting. The mobile home park owner or operator, however, may enforce rules and regulations relating to the time, place, and scheduling of such speakers that will protect the interests of the majority of the tenants.

History.-s. 1, ch. 80-92.

83.797 Injunctive relief.-Any mobile home owner prevented from exercising rights guaranteed by s. 83.795 or s. 83.796 may bring an action in the appropriate court having jurisdiction in the county in which the alleged infringement occurred; and, upon favorable adjudication, the court shall enjoin the enforcement of any provision contained in a by­law, lease, rental agreement, or rule pertaining to a mobile home park which operates to deprive the mo­bile home owner of such rights.

History.-s. 1, ch . 80-92.

CHAPTER 90

EVIDENCE CODE

90.6063 Interpreter services for deaf persons.

90.6063 Interpreter services for deaf per­sons.-

(1) The Legislature finds that it is an important concern that the rights of deaf citizens be protected. It is the intent of the Legislature to ensure that appropriate and effective interpreter services be made available to Florida's deaf citizens.

(2) In all judicial proceedings and in sessions of a grand jury wherein a deaf person is a complainant, defendant, witness, or otherwise a party, the court or presiding officer shall appoint a qualified interpret-

er to interpret the prbceedings to the deaf person and to interpret his testimony or statements to the court or grand jury.

(3)(a) "Deaf person" means any person whose hearing is so seriously impaired as to prohibit the person from understanding oral communications when spoken in a normal, conversational tone.

(b) For the purposes of this section, the term "qualified interpreter" means an interpreter certi­fied by the National Registry oflnterpreters for the Deaf or the Florida Registry of Interpreters for the Deaf or an interpreter whose qualifications are oth­erwise determined by the appointing authority.

(4) Every deaf person whose appearance before a proceeding entitles him to an interpreter shall notify the appointing authority of his disability not less than 5 days prior to any appearance and shall re­quest at such time the services of an interpreter. Whenever a deaf person receives notification of the time of an appearance before a proceeding less than 5 days prior to the proceeding, he shall provide his notification and request as soon thereafter as practi­cable. In any case, nothing in this subsection shall operate to relieve an appointing authority's duty to provide an interpreter for a deaf person so entitled, and failure to strictly comply with the notice re­quirement will not be deemed a waiver of the right to an interpreter. An appointing authority may re­quire a person requesting the appointment of an in­terpreter to furnish reasonable proof of his disability when the appointing authority has reason to believe that the person is not so disabled.

(5) The appointing authority may channel re­quests for qualified interpreters through:

(a) The Florida Registry of Interpreters for the Deaf;

54

(b) The Vocational Rehabilitation Program Of­fice of the Department of Health and Rehabilitative Services; or

(c) Any other resource wherein the appointing authority knows that qualified interpreters can be found.

(6) No qualified interpreter shall be appointed unless the appointing authority and the deaf person make a preliminary determination that the inter­preter is able to communicate readily with the deaf person and is able to repeat and translate state­ments to and from the deaf person accurately.

(7) Before a qualified interpreter may partici­pate in any proceedings subsequent to an appoint­ment under the provisions of this act, such interpret­er shall make an· oath or affirmation that he will make a true interpretation in an understandable manner to the deaf person for whom he is appointed and that he will repeat the statements of the deaf person in the English language to the best of his skill and judgment. Whenever a deaf person communi­cates through an interpreter to any person under such circumstances that the communication would be privileg.ed, and 'the recipient of the communica­tion could not be compelled to testify as to the com­munication, this privilege shall apply to the inter­preter.

(8) An interpreter appointed by the court in a criminal matter shall be entitled to a reasonable fee for such service, in addition to actual expenses for

s. 90.6063 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 95.11

travel, to be paid out of general county funds. When the interpreter is appointed in a civil matter, a rea­sonable fee for such service and actual expenses for travel may be assessed as costs, in the discretion of the court.

History.-ss. 1-5, 7-9, ch. 80-155. 1 Note.-The words "the recipient of the communication" were substituted

for ''such person" by the editors.

CHAPTER 95

LIMITATIONS OF ACTIONS; ADVERSE POSSESSION

95.031 Computation of time. 95.11 Limitations other than for the recovery of

real property.

95.031 Computation of time.-Except as pro­vided in s. 95.051(2) and elsewhere in these statutes, the time within which an action shall be begun un­der any statute oflimitations runs from the time the cause of action accrues.

(1) A cause of action accrues when the last ele­ment constituting the cause of action occurs. For the purposes of this chapter, the last element constitut­ing a cause of action on an obligation or liability founded on a negotiable or nonnegotiable note paya­ble on demand or after date with no specific maturi­ty date specified in the note, and the. last element constituting a cause of action against any endorser, guarantor, or other person secondarily liable on any such obligation or liability founded on any such note, is the first written demand for payment, notwith­standing that the endorser, guarantor, or other per­son secondarily liable has executed a separate writ­ing evidencing such liability.

(2) ·Actions for products liability and fraud under s. 95.11(3) must be begun within the period pre­scribed in this chapter, with the period running from the time the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence, instead of running from any date prescribed elsewhere in s. 95.11(3), but in any event within 12 years after the date of delivery of the completed product to its original purchaser or within 12 years after the date of the commission of the alleged fraud, regardless of the date the defect in the product or the fraud was or should have been discovered.

(3) No cause of action on behalf of the state for conversion of property severed from, for trespass upon, or for other unauthorized use or invasion of state-owned lands, including sovereignty lands, shall be barred by any provision of this chapter. This sub­section will expire on July 1, 1983.

History.-s. 3, ch. 74-382; s. 1, ch. 75-234; s. 2, ch. 77-54; ss. 1, 2, ch. 78-289; s. 1, ch. 78-418; s. 1, ch. 80-280. cf.-s. 46.051 Applicability of s. 95.031(2) as amended by ch. 78-418.

95.11 Limitations other than for. the recovery of real property.-Actions other than for recovery of real property shall be commenced as follows:

(1) WITHIN TWENTY YEARS.-An act.ion on a

55

judgment or decree of a court of record in this state. (2) WITHiN FIVE YEARS.-(a) An action on a judgment or decree of any

court, not of record, of tpis state or any court of the United States, any other state or territory in the United States, or a foreign country.

(b) A lega1 or equitable action on a contract, obli-gation, or liability founded on a written instrument.

(c) An action to foreclose a mortgage. (3) WITHIN FOUR YEARS.-(a) An action founded on negligence. (b) An action relating to the determination of pa­

ternity. (c) An action founded on the design, planning, or

construction of an improvement to real property, with the time running from the date of actual posses­sion by the owner, the date of the issuance of a certif­icate of occupancy, the date of abandonment of con­struction if not completed, or the date of completion or termination of the contract between the profes­sional engineer, registered architect, or licensed con­tractor and his employer, whichever date is latest; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be com­menced within 15 years after the date of actual pos­session by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of comple­tion or termination of the contract between the pro­fessional engineer, registered architect, or licensed contractor and his employer, whichever date is lat­est.

(d) An action to recover public money or proper­ty held by a public officer or employee, or former public officer or employee, and obtained during, or as a result of, his public office or employment.

(e) An action for injury to a person founded on the design, manufacture, distribution, or sale of per­sonal property that is not permanently incorporated in an improvement to real property, including fix­tures.

(f) An action founded on a statutory liability. (g) An action for trespass on real property. (h) An action for taking, detaining, or injuring

personal property. ' (i) An action to recover specific personal proper­

ty. (j) A legal or equitable action founded on fraud. (k) A legal or equitable action on a contract, obli­

gation, or liability not founded on a written instru­ment, including an action for the sale and delivery of goods, wares, and merchandise, and on store ac­counts.

(l) An action to rescind a contract. (m) An action for money paid to any governmen­

tal authority by mistake or inadvertence. (n) An action for a statutory penalty or forfei­

ture. (o) An action for libel, slander, assault, battery,

false arrest, malicious prosecution, malicious inter­ference, false imprisonment, or any other intention­al tort, except as provided in subsection (5).

(p) Any action not specifically provided for in these statutes.

s. 95.11 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 97.091

(4) WITHIN TWO YEARS.-(a) An act.ion for professional malpractice, other

than medical' malpractice, whether founded on con­tract or tort; provided that the period of limitations shall run from the time the cause of action is discov­ered or should have been discovered with the exer­cise of due diligence. However, the limitation of ac­tions herein for professional malpractice shall be limited to persons in privity with the professional.

(b) An action for medical malpractice shall be commenced within 2 years from the time the inci­dent giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of ac­tion accrued. An "action for medical malpractice" is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provid­er and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury within the 4-year period, the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due dili­gence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred.

(c) An action to recover wages or overtime or damages or penalties concerning payment of wages and overtime.

(d) An action for wrongful death. (e) An action founded upon a violation of any

provision of part I of chapter 517, with the period running from the time the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence, but not more than 5 years from the date such violation oc­curred.

(5) WITHIN ONE YEAR.- , (a) An action for specific performance of a con­

tract. (b) An action to enforce an equitable lien arising

from the furnishing oflabor, services, or material for the improvement of real property.

(c) An action to enforce right& under the Uniform Commercial Code-Bulk Transfers.

(6) LACHES.-Laches shall bar any action un­less it is commenced within the time provided for legal actions concerning the same subject matter re­gardless of lack of knowledge by the person sought to be held liable that the person alleging liability would assert his rights and whether the person sought to be held liable is injured or prejudiced by the delay. This subsection shall not affect applica­tion of laches at <In earlier time in accordance with law.

.History.-s. 10, ch. 1869, 1872; s. 1, ch. 3900, 1889; RS 1294; GS 1725; s. 10, ch. 7838, 1919; RGS 2939; CGL 4663; s. 1, ch. 21892, 1943; s. 7, ch. 24337, 1947; s. 24, ch. 57·1; s. 1, ch. 59-188; s. 1, ch. 67·284; s. 1, ch. 71·254; s. 30, ch. 73-333;

56

s. 7, ch. 74·382; s. 7, ch. 75-9; s. 1, ch. 77·174; s. 11, ch. 78435; s. 1, ch. 80-322. cf.-s. 95.191 Liltlitations when tax deed holder in possession.

s. 350.32 Limitations on actions against common carriers for rate dis-crimination.

s. 658.62 Bank statements; limitation on time for objections. Chs. 671-679 Uniform Commercial Code. ss. 733.104, 733.710 Suspension of statutes of limitations, decedents' es­

tates.

CHAPTER 97

QUALIFICATION AND REGISTRATION OF ELECTORS

97.072

97.091

97.1031 97.111

Replacement of registration identification card.

Electors must be registered in precinct; provisions for residence or name change.

Notice of change of residence or name. How persons may register change of party

affiliation . .

97.072 Replacement of registration identifi­cation card.-

(1) Each elector may receive a replacement of his registration identification card without charge when the same becomes defaced, upon his surrendering the card to the supervisor. Any elector who loses his card is entitled to receive a duplicate thereof from the supervisor of the county in which he was regis­tered upon application in writing, stating that his card has been lost, stolen, or destroyed. The supervi­sor, upon verification of the application, shall issue a duplicate card.

(2) In the case of a change in party affiliation; the elector shall make a written request for such change and surrender his registration identification card, or indicate in writing if it has been lost, stolen, or de­stroyed, to the supervisor. Upon verification, the su­pervisor shall cancel the elector's prior registration and issue . the person a new card, except that such card shall not be issued while the registration books are closed pursuant to s. 98.051. All cancellations shall be retained on file by the supervisor.

Hlstory.-s. 15, ch. 3879, 1889, RS 169; s. 17, ch. 4328, 1895; GS 198; RGS 242; CGL 295; s.1, ch. 26870, 1951; s. 8, ch. 65-60; s. 9, ch. 69·280; s. 3, ch. 77·175; s . 3, ch. 8().292.

Note.-Former s. 98.38; s. 97.101.

97.091 · Electors must be ~;egistered in pre­cinct; prov1s1ons for residence or name change.-

(1) No person shall be permitted to vote in any election precinct or district other than the one in which he has his permanent place of residence and in which he is registered. However, a person tempo­rarily residing outside the county shall be registered in the precinct in which the county courthouse is located when he has no permanent address in the county and it is his intention to remain a resident of Florida and of the county in which he is registered to vote. Such persons who are registered in the pre­cinct in which the county courthouse is located and who are residing outside the county with no perma­nent address in the county shall not be registered electors of a municipality and therefore shall not be permitted to vote in any municipal election.

s. 97.091 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 97.111

(2)(a) An elector who moves from the precinct within the county in which he is registered may be permitted to vote in the precinct to which he has moved his residence, provided such elector furnishes at the polls proof of his new residence address and executes an affidavit under oath in substantially the following form: · ·

AFFIDAVIT

Change of Residence of Registered Voter.

I, .... (Nl'<!P.~ .. 9.f..Y.9.~!:) .... , being first duly sworn under oath, certify that my former residence was ... (M~.~~!¥.'L. in the municipality of ..... , in ..... County, Florida, and I was registered to vote in the ..... precinct of ..... Coun-ty, Florida; that I have not voted in the precinct of my former registration in this election; that I now reside at .JM~~!¥.'L . in the Municipality of ..... , in ..... County, Florida, and am therefore eligible to vote in the ..... precinct of ..... County, Florida; and I further certify that I am otherwise legally registered and entitled to vote. ... (~itm.~Wr.~ .. 9.f..Y.9.~r..~.Q9.~ .. r.~~.i.\l~!l~~-hl'<~ .. ~h!!!:'&~\l) .... Sworn to and subscribed to before me this ..... day of ..... , 19...... ·'

.. §.iK!l!!~w.:~.!!!'!.\l.~i~).~ .. 9.f.~!:!l9.r:1.1l.<Mni~~-~r.i!l& .9.!!~N ....

(b) An elector whose name changes because of marriage or other legal process may be permitted to vote, provided such elector furnishes at the polls proof of his new name and executes an affidavit un­der oath in substantially the following form:

AFFIDAVIT

Change of N arne of Registered Voter

I, ... (N~:-<:.~@!~ .. 9.f..Y.9.~r.l.. .. , being first duly sworn under oath, certify that my name has been changed be­cause of marriage or other legal process. My former name and address appear on the registration books of precinct ..... as follows: Name ............................................................................... . Address ............ .. ....... ..................... ...... .. .. ... .................. . , .. . Municipality ........... ........................................ ................ . County ...... .. .............. ....................................................... . Florida, Zip ..................................................................... . My present name and address are as follows: Name ............................................................................... . Address ..... ............. ............. ............................ .................. . Municipality ................................................ . : ................. . County ............................................. ..... ............ ... ............ . Florida, Zip ...................................................................... . and I further certify that I am otherwise legally reg­istered and entitled to vote.

... (§.iK!l!!t.~r.~ .. 9.f..Y.9.~x .. :-<:h9.~.~!!!P.~ .. h!!~ .~h~g~g) ... . Sworn to and subscribed to before me this ..... day of ..... , 19 ......

(c) Such affidavit, when properly executed and presented at the precinct in which such elector is entitled to vote, shall entitle such elector to vote as provided in this subsection. Upon receipt of an affi-

57

davit certifying a change in residence or change in name, the supervisor shall as soon as practicable make the necessary changes in the registration records of the county to reflect the change in resi­dence or change in name of such elector.

(d) In accordance with the provisions ofs. 98.051, an elector whose residence has changed shall notify the supervisor in writing and obtain a voter identifi­cation card reflecting the new residence address. When the name of an elector has changed by mar­riage or other legal process, such elector shall notify the supervisor in writing of such change and obtain a voter identification card reflecting the name change.

(e) A request for an absentee ballot pursuant to s. 101.62 which indicates that the elector has had a change of residence from: that in the supervisor's records shall be sufficient as the' notice to the super­visor of elections of change of residence required by this section. Upon receipt of such request for an ab­sentee ballot from an elector who has changed his place of residence, the supervisor of elections shall provide the elector with the proper ballot for the precinct in which ne then has his permanent place of residence .

(3) When an elector's name does not appear on tl).e registration books of the election precinct in which he is registered and when he cannot'present a valid registration identification card, he may have his name restored if the supervisor is otherwise sat­isfied that he is validly registered, that his name has been erroneously omitted from the books, and that he is entitled to have his name restored. The supervi­sor, if he is satisfied as to the elector's previous regis­tration, shall allow such person to vote and shall thereafter issue a .duplicate registration identifica­tion card.

History.-s. 13, ch. 3879, 1889; RS 167; s. 15, ch. 4328, 1895; GS 192; RGS 236; CGL 289; s. 4, ch. 24203, 1947; s. 11, ch. 25035, 1949; s. 1, ch. 26870, 1951; s. 4, ch. 28156, 1953; s. 7, ch. 65-60; s. 1, ch. 71-307; s. 3, ch. 77-175; 's. 6, ch. 78-403; s. 4, ch. 80-292.

Note.-Fonner s. 98.32.

97.1031 Notice of change of residence or name.-When an elector moves from the address named on his voter registration records, it is the duty of such elector to notify the office of the supervi­sor of elections in writing of such change and obtain a voter identification card reflecting the new resi­dence address. When the name of an elector is changed by marriage or other legal process, it is the duty of such elector to notify the office ofthe supervi­sor of elections in writing of such change and obtain a voter identification card reflecting the name change. The supervisor of elections shall make the necessary changes in the elector's records as soon as practical upon receipt of such notice of a change of residence or name .

History.-s. 7, ch. 78-403; s. 5, ch. 80-292.

97.111 How persons may register change of party affiliation.-[Repealed by s. 6, ch. 80-292.]

s. 98.031 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 98.051

CHAPTER 98

REGISTRATION OFFICE, OFFICERS, AND PROCEDURES

98.031 Registration and election districts, pre­cincts and polling places; boundaries.

98.051 Registration books for permanent registra­tion system; when open.

98.081 Removal of names from registration books; procedure.

98.211 County registers open to inspection; copies. 98.255 Voter educational programs and materials. 98.271 Appointment of deputy supervisors, author-

ity; compensation.

98.031 Registration and election districts, precincts and polling places; boundaries.-

(1) Subject to the provisions of s. 98.091, each county election precinct, election district, and poll­ing place in this state as defined and fixed is recog­nized and continued. Except as otherwise provided in paragraph (a) of subsection (3), the board of county commissioners in each county, upon recommenda­tion and approval of the supervisor, shall alter or create new districts or precincts. Each precinct as nearly as practicable shall be composed of contigu­ous and compact areas having clearly observable boundaries and shall be numbered. The supervisor shall designate a polling .place at a suitable location within each precinct. The distriCt or precinct shall not be changed thereafter except with the consent of four members of the· board of county commissioners and the supervisor. The board of county commission­ers and the supervisor may have precinct boundaries conform to municipal boundaries in accordance with the provisions of s. 98.091, but, in any event, the registration books shall be maintained in such a manner that there may be determined therefrom the total number of electors in each municipality.

(2) When in any election there are less than 25 registered electors of the only political party having candidates on the ballot at any precinct, such pre­cinct may be combined with other adjoining pre­cincts into one election district upon the recommen­dation of the supervisor and the approval of the county commissioners. Notice of the combination of precincts into election districts shall be given in the same manner as provided ins. 101.71(2).

(3)(a)l. No election precinct or district shall be created, divided, abolished, or consolidated, or the boundaries therein changed, during the period be­tween January 1 of any year the last digit of which is 7 and December 1 of any year the last digit of which is 0.

2. In addition to those periods of time during which change of precinct or district boundaries is not prohibited pursuant to subparagraph 1., the bounda­ries of election precincts and districts may be changed during the period between January 1 of any year the last digit of which is 7 and January 1 of any year the last digit of which is 0, when such change is due to the subdivision of an existing precinct or district or to municipal annexation, detachment, or consolidation or other such action.

(b) The Secretary of State may, upon the request

of a county, waive compliance with paragraph (a) if such county has met the requirements of the U.S. Bureau of the Census as set forth in its guidelines.

(4)(a) Each supervisor of elections shall provide and maintain a suitable map drawn to a scale no smaller than 3 miles to the inch and clearly delineat­ing all major observable features such as roads, streams, and railway lines and showing the current geographical boundaries of each precinct, election district, representative district, and senatorial dis­trict in the county. A word description of the geo­graphical boundaries shall be attached to each map.

58

(b) Each supervisor of elections shall send a copy of each map with attached description to the Secre­tary of State no later than March 1 of any year the last digit of which is 7. No later than April1 in any such year, the Secretary of State shall transmit an appropriate copy or facsimile of each map to the United States Bureau of the Census.

(c) The -supervisor of elections shall notify the Secretary of State in writing within 30 days of any reorganization of precincts or election districts and shall furnish a copy of the map showing the current geographical boundaries, designation, and word de­scription of each new precinct or election district.

(5) Within 10 days after there is any change in the division, number, or boundaries of the election precincts, or the location of the polling places, the supervisor of elections shall make in writing an ac­curate description of any new or altered election pre­cincts, setting forth the boundary lines thereof, so as to designate accurately the limits of each precinct. The supervisor of elections shall at the same time name, clearly define, and describe in writing the polling place which he has established in each new or altered election precinct or in any precinct in which he may have changed the polling place. Such changes shall be recorded in the clerk of the circuit court's office for such county. Upon the recording of the changes, the supervisor of elections shall publish the change once in a newspaper of general circula­tion in the county and shall post a plainly written or printed copy at the courthouse in a conspicuous place.

History.-s. 10, ch. 3879, 1889; RS 164; s. 11, ch. 4328, 1895; GS 184; RGS 228; CGL 281; s. 2, ch. 24203, 1947; s. 6, ch. 25383, 1949; s. 2, ch. 26329, 1949; s. 2, ch. 26870, 1951; s. 4, ch. 29934, 1955; s. 3, ch. 57-166; s. 1, ch. 59-281; s. 1, ch. 67-169; s. 1, ch. 72-25; s. 3, ch. 73-155; s. 1, ch. 76-60; s. 1, ch. 76-121; s. 1, ch. 76-233; s. 4, ch. 77-175; s. 1, ch . 80-189; s. 11, ch. 80-292.

Note.-Former s. 98.23.

98.051 Registration books for permanent registration system; when open.-

(1)(a) The office of the supervisor of elections shall be open Monday through Friday, excluding le­gal holidays, for a period of not less than 8 hours per day, beginning no later than 9 a.m.

(b) A supervisor may keep his office and any branch offices open on any weekday, excluding legal holidays, for 10 hours in addition to the 8 hours specified in paragraph (a), provided notice of the time and place shall be published at least once, not less than one day prior to such extension of time, in a newspaper of general circulation in the county in which such offices are to be located. However, if the publication deadline for such notice cannot be met, the public notice shall be posted at the courthouse and may be advertised in the news media.

s. 98.051 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 98.211

(c) During the 30-day period prior to the closing of the registration books for any statewide or federal election, the supervisor 'shall keep his office open each weekday for a period not less than 8 hours per day and may keep any branch office open each week­day, excluding legal holidays.

(2) When t:egistration books are open, voter reg­istration and changes in registration shall be accept­ed in the office or branch office of the supervisor when such office is open as provided by law.

(3)(a) The registration books shall close for the first and _second primary elections at 5 p.m. on the 30th day before the first primary election and shall remain closed until after the second primary elec­tion, during which time no registration or party change .shall be accepted for such elections. For any other election, the books shall close at 5 p.m. on the 30th day before such election and shall remairi closed until after such election, during which time no registration or party change shall be accepted for such election. However, when the books are closed for an election, registration and party changes shall be accepted for all subsequent elections. For pur­poses of this subsection, however, a first and second primary shall be considered one election.

(b) In computing the 30-day period for closing of the registration books, the election day shall be ex­cluded, but all other holidays and Sundays shall be included. Registratiqn shall be conducted on week­days only and should the 30th day preceding an elec­tion fall on Sunday or a legal holiday, then the regis­tration books shall close at 5 p.m. on the immediate­ly preceding day which is not a Sunday or legal holi­day.

(c) When a district, municipal, or special election is called at a time when the books are open, the supervisor shall c~ose the books to further registra­tion or party changes for such district, municipal, or special election on the 30th day before such election, or immediately, in the event the date of the election is less than 30 d,ays away, but the books shall remain open for all subs~quent elections. ·

History.-s. 2, ch. 25391, 1949; s. 2, ch. 26870, 1951; s. 5, ch. 29934, s. 1, ch. 29761, 1955; s. 3, ch. 65-134; s. 2, ch:67-530; s. 1, ch. 71-124; ss. 7, 8, ch. 72-63; "' 4, ch. 74-5; s. 1, ch. 77-174; s. 5, ch. 77-175; s. 7, ch. 80-292.

Note.-Former s. 97.02.

· 98.081 Removal of names from registration books; procedure.- ·

(1) During each odd-numbered year the supervi­sor shall mail, to each elector who did not vote in any election in the county during the past 2 years, a form to be filled in, signed, and returned by mail within 30 days after the notice is postmarked. The form returned shall advise the supervisor whether the elector's status has changed from that of the regis­tration record. 1 Electors failing to return the forms within this period shall have their names withdrawn temporarily from registration books. In addition, 2the name of an elector may be removed temporarily from the registration books when any first-elass mail sent by the supervisor to the elector is returned as undeliverable. Such name shall not be removed until a diligent effort has been made by the supervisor to locate such elector. This shall constitute such notice for purposes of this section. The list of the electors temporarily withdrawn shall be posted at the court­house. When the list is completed, the supervisor

59

shall provide a copy 'thereof, upon request, to the chairman of the county executive committee of any political party, and the supervisor may charge the actual cost of duplicating the list. A name shall be restored to the registration records when the elector, in writing, makes known to the supervisor that his status has not changed. The supervisor shall; then reinstate the name on the registration books without requiring the elector to reregister. Notice of these requirements shall be printed on the voter registra­tion identification card. This method prescribed for the removal of names is cumulative to other provi­sions' of law relating to the removal of names from registration books. This is not a reregistration but a method to be used for keeping the permanent regis­tration list up to date. However, the name of any elector temporarily withdrawn from the registration books shall be removed from such books if the elector fails to respond tO the notice within 3 years from the date the last such notice was mailed to him, and such person shall be required to reregister to ha-..:e his name restpred to the,registration books.

(2) Any elector may have his name removed from the registration books by filing with the supervisor a written request, duly acknowledged, and upon re­ceipt of such reque!;Jt the supervisor shall remove the name of the elector from the registration books. Any person whose name is removed between the first primary and the subsequent general e1ection shaH not register in a different political party after the first primary and before the subsequent general election.

(3) When the name of any elector is removed from the books pursuant to this section, s. 98.201, or s. 98.301, his original registration form shall be filed alphabetically in the office of the supervisor.

(4) When the name of any elector has been erro­neously or illegally removed from the registration books pursuant to this section, s. 98.201, or s. 98.301, the name of the elector shall be restored by the su­pervisor upon satisfactory proof, even though the registration books are closed.

Hil!tory.-s. 8, ch. 25391, 1949; s. 2, ch. 26870, 1951; s. 1, ch. 61-86; s. 5, ch. 77-175; s. 1, ch. 78-102; s. 14, ch. 79-365; s. 8, ch. 80-292.

1 Note.-The words uNames or• were deleted: by the editors. 2Note.-The words " the name of an" were inserted by the editors. Note.-Former s. 97.08.

98.211 County registers open to inspection; copies.- . ·

(1) The registration books are public records. Ev­ery citizen is allowed to examine the registration books while they are in the custody of the supervisor, but is not allowed to make copies or extracts there­from. The supervisor shall furnish at cost lists of the registered electors of the county that include only the name, party affiliation, address, • and precinct number of each elector or, if requested, the supervi­sor may provide a list that contains only those elec­tors who have voted in an election or elections which occurred in excess of 60 days prior to the request; if said list is furnished, however, it shall also be made available to all 1persons and entities authorized in this subsection. Lists of electors shall be furnished only to:

(a) The courts for the purpose of jury selection; (b) Municipalities; (c) Other governmental agencies;

s. 98.211 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 99.097

(d) Candidates, to further their candidacy; (e) Registered political committees, registered

committees of continuous existence, and political parties or officials thereof, for political purposes only; and

(f) Incumbent officeholders, to report to their constituents.

Such lists shall be used solely for political purposes and not for commercial purposes. No person to whom '·a list of registered voters is made available pursuant to this section, and no person who acquires such a list, shall use any information contained therein for purposes which are not related to elec­tions, political activities, voter registration, law en­forcement, or jury .selection.

(2) Any person who acquires a precinct list from the office of the supervisor shall take and subscribe to an oath which shall be in substantially the follow­ing form:

I hereby swear or affirm that I am a person au­thorized by s. 98.211, Florida Statutes, to acquire a list of the registered voters of ..... County, Florida; that the lists acquired will be used only for the pur­poses prescribed in said section and for no other pur­pose; and that I will not permit the use or copying of such list by persons not authorized by the Election Code of the State of Florida to use such list.

.. tf?.\@~.~w:~ . .<!.f.~x.tl!?!f .. ~~q!!ixi.!\g_)i_~~l .... Sworn to and subscribed before me, the Supervisor

or Deputy Supervisor of Elections of ..... County, Florida, this ..... day of ..... , 19 ......

... (§iK!!!!~W:~ .!!K.§.~P.~r.~i!!!!r.. !!r. .. P..~.P.!!~.Y..§.!!P~1:.'!i!W.r.l .... History.- s. 18, ch. 6469, 1913; RGS 322; CGL 379; s. 4, ch. 25388, 1949; s.

2, ch. 26870, 1951; s. 8, ch. 29934, 1955; .s. 1, ch. 57-810; s. 15, ch. 65-134; s. 5, ch. 77-175; s. 10, ch. 80-292.

1Note.-The words "persons and entities" were inserted by the editors. Note.-Former s. 102.25.

98.255 Voter educational programs and ma­terials.-Each supervisor of elections is authorized to provide voter educational programs and materials of a nonpartisan nature in his county as he may deem appropriate.

History.-s. 9, ch. 80-292.

98.271 Appointment of deputy supervisors, authority; compensation.-

(!) Each supervisor of elections shall select and appoint, subject to removal by him, as many deputy supervisors as may be necessary, whose compensa­tion shall be paid by the supervisor of elections and who shall have the same powers and whose acts shall be as effective as the acts of the supervisor. Each deputy supervisor of elections shall, before entering office, make an oath in writing that he will faithfully perform the duties of his office, which oath shall be acknowledged by the supervisor and filed with the clerk of the circuit court.

(2) The supervisor may appoint as many deputy supervisors as he deems necessary for the purpose of registering voters and accepting changes in registra­tion, and may limit the authority of such deputies to

such duties. History.-Chs. 3700, 3704, 1887; s. 8, ch. 3879, 1889; RS 162; s. 9, ch. 4328,

1895; GS 179, 181; ss. 9, 13, ch. 6469, 1913; RGS 223, 225, 311, 317; s. 1, ch. 9271, 1923; CGL 258, 261, 368, 374; s. 2, ch. 26870, 1951; s. 8, ch. 28156, 1953; s. 19, ch. 65-134; s. 5, ch. 77-175; s. 1, ch. 80-20.

Note.-Former ss. 98.15, 98.18, 102.16, and 102.20.

CHAPTER 99

CANDIDATES, CAMPAIGN EXPENSES, AND CONTESTING ELECTIONS

99.097 Verification of signatures on petitions.

99.097 Verification of signatures on peti­tions.-

(1) As determined by each supervisor, based upon local conditions, the checking of names on peti­tions may be based on the most inexpensive .and ad­ministratively feasible of either of the following methods of verification:

60

(a) A name-by-name, signature-by-signature check ofthe number of authorized signatures on the petitions; or

(b) A check of a random sample, as provided by the Department of State, of names and signatures on the petitions. The sample must be such that a deter­mination can be made as to whether or not the re­quired number of signatures have been obtained with a reliability of at least 99.5 percent. Rules and guidelines for this method of petition verification shall be promulgated by the Department of State, which may include a requirement that petitions bear an additional number of names and signatures, not to exceed 15 percent of the names and signatures otherwise required. If the petitions do not meet such criteria, then the use of the verification method de­scribed in this paragraph shall not be available to supervisors.

(2) When a petitioner submitS petitions which contain at least 15 percent more than the required number of signatures, he may require that the su­pervisor of elections use the random sampling verifi­cation method in certifying the petition.

(3) A name on a petition, which name is not in substantially the same form as a name on the voter registration books, shall be counted as a valid signa­ture if, after comparing the signature on the pe~ition with the signature of the alleged signer as shown on the registration books, the supervisor determines that the person signing the petition and the person who registered to vote are one and the same. In any situation in which this code requires the form of the petition to be prescribed by the Department of State, no signature shall be counted toward the number of signatures required unless it is on a petition form prescribed by the Department of State.

(4) The supervisor shall be paid the sum of 10 cents for each signature checked or the actual cost of checking such signature, whichever is less, by the candidate, minor party, or person authorized by such minor party submitting the petition or, in the case of a petition to have an issue placed on the ballot, by the person or organization submitting the petition. However, if a candidate cannot pay such charges

s. 99.097 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 101.21

without imposing an undue burden on his personal resources or upon the resources otherwise available to him, he shall, upon written certification of such inability given under oath to the supervisor, be enti­tled to have the signatures verified at no charge. If such candidate has filed the oath prescribed by s. 99.095(1), he shall not be required to file a second oath in order to have the signatures verified at no charge. However, an oath in lieu of payment of the charges shall not be allowed to verify the signatures on a petition to have a· minor party's slate of candi­dates placed on the ballot or to have an issue placed on the ballot. In the event a candidate is entitled to have the signatures verified at no charge, the super­visor of elections of each county in which the signa­tures are verified at no charge shall submit the total number of such signatures checked in the county to the Comptroller no later than December 1 of the general election year, and the Comptroller shall cause such supervisor of elections to be reimbursed from the General Revenue Fund in an amount equal to 10 cents for each name checked or the actual cost of checking such signatures, whichever is less. In no event shall such reimbursement of costs be deemed or applied as extra compensation for the supervisor.

(5) The candidate; an announced opponent; a representative of a designated political committee; or a person, party, or other organization submitting the petition which does not wish to accept the results of a verification pursuant to paragraph (1)(b) may require a complete check of the names and signa­tures pursuant to paragraph (1)(a). If any such candi­date; announced opponent; representative of a desig­nated political committee; or party, person, or organ­ization submitting the petition requires such a com­plete check and the result is not changed as to the success or lack of success ofthe petitioner in obtain­ing the requisite number of valid signatures, then such candidate, unless he has filed the oath stating that he is unable to pay such charges; announced opponent; representative of a designated political committee; or party, person, or organization submit­ting the petition shall pay to the supervisor of elec­tions of each affected county for the complete check an amount calculated at the rate of10 cents for each additional signature checked or the actual cost of checking such additional signatures, whichever is less. Such petitions shall be retained by the supervi­sor for a period of 1 year following the election for which such petitions are circulated.

History.-s. 2, ch. 76-233; s. 10, ch. 77-175; s. 2, ch. 80-20.

CHAPTER 101

VOTING METHODS AND PROCEDURE

101.161 101.21

101.34 101.341

101.71

Referenda; ballots. Official ballots; number; printing; pay­

ment. Custody of voting machines. Prohibited activities by voting machine

cust.odians and deputy custodians. Polling place.

61

101.73 Description of election districts and pre­cincts.

1 101.161 Referenda; ballots.-Whenever a con­stitutional amendment or other public measure is submitted to the vote of the people, the substance of such amendment or other public measure shall be printed in clear and unambiguous language on the ballot after the list of candidates, followed by the word "yes," and also by the word "no" and shall be styled in such a manner that a "yes" vote will indi­cate approval of the proposal and a "no" vote will indicate rejection. The wording of the substance of the amendment or other public measure arid the ballot title to appear on the ballot shall be embodied in the joint resolution, constitutional revision com­mission proposal, constitutional convention propos­al, or enabling resolution or ordinance. The sub­stance of an amendment proposed by initiative and the ballot title shall be prepared by the sponsor and approved by the Secretary of State in accordance with rules adopted pursuant to s. 120.54. The sub­stance of the amendment or other public measure shall be an explanatory statement, not exceeding 75 words in length, of the chief purpose of the measure. The ballot title shall consist of a caption, not exceed­ing 15 words in length, by which the measure is commonly referred to or spoken of. The Department of State shall give each proposed constitutional amendment a designating number for convenient reference. This number designation shall appear on the ballot. Designating numbers shall be assigned in the order of filing or certification of the amend­ments. The Department of State shall furnish the designating number, the ballot title, and the sub­stance of each amendment or public measure to the supervisor of elections of each county in which such amendment or public measure is to be voted on.

History.-s. 34, ch. 4328, 1895; GS 218; RGS 262; CGL 318; ss. 1-11, ch. 16180, 1933; s. 1, ch. 16877, 1935; s. 4, ch. 17898, 1937; s. 1, ch. 22626, 1945; s. 5, ch. 26870, 1951; ss. 10, 35, ch. 69-106; s. 1, ch. 73-7; s. 13, ch. 77-175; s. 16, ch. 79-365; s. 2, ch. 80-305.

'Note.-As amended, effective January 1, 1981. Note.-Former s. 99.16.

101.21 Official ballots; number; printing; payment.-

(1) In any county in which voting machines are not used, the supervisor of elections shall determine the actual number ofballots to be printed. The print­ing and delivery of ballots and cards of instruction shall, in a municipal election, be paid for by the municipality, and in all other elections by the coun­ty.

(2) In any county in which voting machines are used, one set of official ballots shall be provided for each machine plus a number of sets equal to 5 per­cent of the total number of machines, of which one set shall be inserted or placed in or upon each ma­chine, and the 'remainder of the sets shall be re­tained in the custody of the supervisor, unless it shall become necessary during the election to make use of same upon or in the machines.

History.-ss. 29, 37, ch. 4328, 1895; s. 11, ch. 4537, 1897; GS 211, 222; RGS 255, 267; CGL 311, 323; s. 7, ch. 17898, 1937; s.,2, ch. 24088, 1947; s. 7, ch. 25384, 1949; s. 5, ch. 26870, 1951; s. 10, ch. 65-380; s. I , ch. 69-281; s. 20, ch. 71-355; s. 16, ch. 77-175; s. 34, ch. 79-400; s. l, ch. 80-292.

1Note.-The words ''remainder pf the sets" were substituted for "5 percent" by the editors.

Note.-Former ss. 99.09, 99.21.

s. 101.34 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 102.012

101.34 Custody of voting machines.-The su­pervisor of elections shall be the custodian of voting machines in the county using them, and he shall appoint deputies necessary to prepare and supervise the machines prior to and during elections. The com­pensation for such deputies shall be paid by the su­pervisor of elections.

History.-s. 3A, ch. 22018, 1943; s. 4, ch. 24089, 1947; s. 5, ch. 26870, 1951; s. 16, ch. 65-380; s. 18, ch. 77-175; s. 3, ch. 80-20.

Note.-Former s. 100.42.

101.341 Prohibited activities by votil).g ma­chine custodians and deputy custodians.-

(!) . No voting machine custodian or deputy custo­dian-or other employee ofthe supervisor of elections, which employee's duties are primarily involved With the preparation, maintenance, or repair of voting equipment, shall accept employment or any form of consideration from any person or business entity in­volved in the purchase, repair, or sale of voting equipment unless such employment has the prior written approval of the supervisor of elections of the county by which such person is employed.

(2) Any person violating the provisions of this section is guilty of a misdemeanor ofthe first degree, punishable as provided by s. 775.082 or s. 775.083. Such person shall also be subject to immediate dis­charge from his position.

History.-s.- 3, ch. 72-303; s. 4, ch. 80-20.

101.71 Polling place.-(1) There shall be in each precinct in each county

one PQlling place which shall be accessible to the public on election day and is managed by a board of inspectors and clerk of ·election. Only one elector shall be allowed to enter any voting booth at a time; no one except inspectors shall be allowed to speak to him while casting his vote; and no inspector shall speak to or interfere with the elector concerning his voting, except to perform his duties as such inspec­tor. Notwithstanding any other provision of this chapter, this section shall be applicable where the computer method of votirig is in use, and adequate provision shall be made for the privacy of the elector while casting his vote.

(2) Notwithstanding the provisions of subsection (1), whenever the supervisor of elections of any coun-

. ty determines that the accommodations for holding any election at a polling place designated for any precinct in the county are unavailable or are inade­quate for the expeditious and efficient housing and handling of voting and voting paraphernalia, includ­ing voting machines where used, the supervisor may provide, not less than 30 days prior to the holding of an election, that the voting place for such precinct shall be moved to another site which shall be accessi­ble to the public on election day in said precinct or, if such is not available, to another site which shall be accessible to the public on election day in a contig­uous precinct. If such action of the supervisor results in the voting place for two or more precincts being located for the purposes of an election in one build­ing, the voting places for the several precincts in: volved shall be established and maintained separate from each other in said building. When any ~upervi­sor moves any polling place pursuant to this subsec­tion, he shall, not more than 30 days or fewer than

62

7 days prior to the holding of an election, give notice of the change of the polling place for the precinct involved, with clear description of the voting place to which changed, at least once in a newspaper of gen­eral circulation in said county. A notice of the change of the polling place involved shall be mailed, at least 14 days prior to an election, to each regis­tered elector or to each household in which there is a registered elector.

(3) In cases of emergency and when time does not permit compliance with subsection (2), the supervi­sor of elections shall designate a new polling place which shall be accessible to the public on election day and shall cause a notice to be posted at the old polling place advising the electors of the location of the.new polling· place. .

( 4) Each polling place shall be conspicuously identified by a sign, on or near the premises of the polling place, designating the polling place by .pre­cinct Q.umber. Such sign shall be large enough to be clearly visible to occupants of passing vehicular traf­fic on roadways contiguous to the polling place, with letters no smaller than 3 inches high, and shall be displayed 1;1t all times while the polls are open on any election day.

History.-s. 22, ch. 3879, 1889; RS 176; s. 26, ch. 4328, 1895; s. 1, ch. 4699, 1899; GS 208; RGS 252; CGL 308; s. 5, ch. 26870, 1951; s. 1, ch. 57-385; s. 3, ch. 67-530; s. 4, ch. 69-281 ; s. 23,.ch. 77-175; s. 4, ch. 78-188; s. 2, ch. 80-189; s. 12, ch. 80-292.

Note.-Former s. 99.06.

101.73 Description of election districts and precincts.-[Repealed by s. 3, ch. 80-189, and s. 13, ch. 80-292.] · r

CHAPTER 102

CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS

102.012 Inspectors and clerks to conduct elections. 102.021 Compensation of inspectors, clerks, and

deputy sheriffs.

102.012 Inspectors and clerks to conduct elections.-

(1) The supervisor of elections of each county, at least 20 days prior to the holding of ·any election, shall appoint two election boards for each precinct in the county; however, the supervisor of elections may, in any election, appoint one election board if he has reason to believe that only one is necessary. Each election board shall be composed of three inspectors and a clerk. The clerk shall be in charge of, and responsible for, seeing that the election board carries out its duties and responsibilities. Each inspector and each clerk shall take and subscribe to an oath or affirmation, which shall be written or printed, to the effect that he will perform the duties of inspector or clerk of election, respectively, according to law and will endeavor to prevent all fraud, deceit, or abuse in conducting the election. The oath may be taken be­fore an officer authorized to administer oaths or be­fore any of the persons who are to act as inspectors, one of them to swear the others, and one of the oth-

s. 102.012 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 104.31

ers sworn thus, in turn, to administer the oath to him who has not been sworn. The oaths shall be returned with the poll list and the returns of the election to the supervisor. In all questions that may arise before the members of an election board, the decision of a majority of them shall decide the ques­tion. The supervisor of elections of each county shall be responsible for the attendance and diligent per­formance ·of his duties by each clerk and inspector.

(2) Each member of the election board shall be able to read and write the English language and shall be a registered qualified elector of the precinct in which he is appointed, and, in the event no such elector can be found to serve in any precinct, an elector may be appointed from any other precinct within the county. No election board shall be com­posed solely of members of one political party; how­ever' in any primary in which only one party has candidates appearing on the ballot, all clerks and inspectors may be of that party. Any person whose name appears as an opposed candidate for any office shall not be ·eligible to serve on an election board.

(3) The supervisor shall furnish inspectors of election for each precinct with the registration books divided alphabetically as will best facilitate the hold­ing of an election. The supervisor shall also furnish to the inspectors of election at the polling place at each precinct in his county a sufficient number of forms and blanks for use on election day.

(4) An election board shall conduct the voting, beginning and closing at the time set forth in s. 100.011. If more than one board has been appointed, the second board shall; upon the closing ofthe polls, come on duty and count the votes cast. In such case, the first board shall turn over to the second board all closed ballot boxes, registration books, and other records of the election at the time the boards change. The second board shall continue counting until the count is complete or until 7 a.m. the next morning, and, if the count is not completed at that time, the first ' board that conducted the election shall again report for duty and complete the count. The second board shall turn over to the first board all ballots counted, all ballots not counted; and all registration books and other records and shall advise the first board as to what has transpired in tabulating the results of the election.

(5) In precincts in which there are more than 1,000 registered electors, the supervisor of elections shall appoint additional election boards necessary for the election.

(6) In precincts in which there are less than 300 registered electors, it is not necessary to appoint two election boards, but one such board shall suffice.

(7) For any precinct using voting machines, there shall be one election board appointed, plus an addi­tional inspector for each machine in excess of one; however, the supervisor of elections may appoint a greater number of additional inspectors than re­quired by this subsection.

(8) The supervisor of elections shall conduct training classes for inspectors, clerks, and deputy sheriffs prior to each first primary, general, and spe­cial election for the purpose of instructing such per­sons in their duties and responsibilities as election officials. A certificate may be issued by the supervi-

63

sor of elections to each person completing such train­ing. No person shall serve as an inspector, clerk, or deputy sheriff for an election unless such person has completed the training class as. required. A per.son who has attended previous training classes conduct­ed within 2 years of the election may be appointed by the supervisor to fill a vacancy on election day. If no person with prior training is available to fill such vacancy, the supervisor of elections may fill such vacancy in accordance with the provisions of subsec­tion (9) from among persons who have not received the training required by this section.

· (9) In the case of absence or refusal to act of any inspector or clerk at any precinct on the day of an election, the supervisor shall appoint a replacement who meets the qualifications prescribed in subsec­tion (2). The inspector or clerk so appointed shall be a member of the same political party as the clerk or inspector whom he replaces.

History.-s. 20, ch. 3879, 1889; RS 174; s. 24,.ch. 4328, 1895; s. 8, ch. 4537, 1897; GS 205; RGS 249; s. 1, ch. 8587, 1921; CGL 305; s. 2, ch. 17898, 1937; s. 2, ch. 25384, 1949; s. 6, ch. 26870, 1951; s. 38, ch. 28156, 1953; s. 25, ch. 29934, 1955; s. 10, ch. 57·166; s. 1, ch. 63-53; s. 1, ch. 65-416; s. 1, ch. 67·168; s. 1, ch. 67·385; s. 1, ch. 73-151; s. 25, ch. 77·175; s. 43, ch. 79400; s. 1, ch. 80.264.

Note.-Former s. 99.03.

102.021 Compensation of inspectors, clerks, and deputy sheriffs.-

(1) Each inspector and each clerk of any election and each deputy sheriff serving· at a precinct shall be paid for his services by the supervisor of elections, and each inspector who delivers the returns to the county seat shall receive such sums as the supervisor of elections shall determine.

(2) Inspectors and clerks of election and deputy sheriffs serving at the precincts may receive com­pensation and traveling expenses, as provided in s. 112.061, for attending the poll worker classes re­quired by s. 102.012(8).

History.-s. 24, ch. 4328, 1895; s. 8, ch. 4537, 1897; GS 206; RGS 250; CGL 306; ss. 1, 2, ch. 20448, 1941; s. 3, ch. 25384, 1949; s. 6, ch. 26870, 1951; s. 5, ch. 63-400; s. 1, ch. 65-129; s. 25, ch. 77·175; s. 5, ch. 80.20.

Note,-Former s. 99.04.

CHAPTER 104

ELECTION CODE; VIOLATIONS; PENALTIES

104.31 Political activities of state, county, and mu­nicipal officers and employees.

104.31 Political activities of state, county, and municipal officers and employees.-

(1) No officer or employee ofthe state, or of any county or municipality thereof, except as hereinaft­er exempted from proVisions hereof, shall: ·

(a) Use his official authority or influence for the purpose of interfering with an election or a nomina­tion of office or coercing or influencing another per­son's vote or affecting the result thereof.

(b) Directly or indirectly coerce or attempt to co­erce, command, or advise any other officer or em­ployee to pay, lend, or contribute any part of his salary, or any money, or anything else of value to any party, committee, organization; agency, or per-

s. 104.31 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 106.141

son for political purposes. Nothing in this paragraph or in any county or municipal charter or ordinance shall prohibit an employee from suggesting to anoth­er employee in a noncoercive manner that he or she may voluntarily contribute to a fund which is admin­istered by a party, committee, organization, agency, person, labor union or other employee organization for political purposes.

(c) Directly or indirectly coerce or attempt to co­erce, command, and advise any such officer or em­ployee as to where he might purchase commodities or to interfere in any other way with the personal right of said officer or employee.

The provisions of this section shall not be construed so as to prevent any person from becoming a candi­date for and actively campaigning for any elective office in this state. All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects and ·candidates. The provisions of paragraph (a) shall not be construed so as to limit the political activity in a general, special, primary, bond, referendum, or other election of any kind or nature, of elected officials or candidates for public office in the state or of any county or munici­pality thereof; and the provisions of paragraph (a) shall not be construed so as to limit the political activity in general or special elections of the officials appointed as the heads or directors of state adminis­trative agencies, boards, commissions, or committees or of the members of state boards, commissions, or committees, whether they be salaried, nonsalaried, or reimbursed for expense. In the event of a dual capacity of any member of a state board, commis­sion, or committee, any restrictive provisions appli­cable to either capacity shall apply. The provisions of paragraph (a) shall not be construed so as to limit the political activity in a general, special, primary, bond, referendum, or other election of any kind or nature of the Governor, the elected members of the Governor's Cabinet, or the members of the Legisla­ture. The provisions of paragraphs (b) and (c) shall apply to all officers and employees of the state or of any county or municipality thereof, whether elected, appointed, or otherwise employed, or whether the activity shall be in connection with a primary, gener­al, special, bond, referendum, or other election of any kind or nature.

(2) Any person violating the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Nothing contained in this section or in any county or municipal charter shall be deemed to pro­hibit any public employee from expressing his opin­ions on any candidate or issue or from participating in any political campaign during his off-duty hours, so long as such activities are not in conflict with the provisions of subsection (1) or s. 110.233.

History.-s. 8, ch. 26870, 1951; s. 7, ch. 29615, 1955; s. 5, ch. 29936, 1955; s. 1, ch. 59-208; s. 18, ch. 65-379; s. 53, ch. 71-136; ss. I, 2, ch. 74-13; s. I , ch. 75-261; s. 30, ch. 79-190; s. I, ch. 80-207.

64

CHAPTER 105

NONPARTISAN ELECTIONS FOR JUDICIAL OFFICERS

105.041 Form of ballot.

105.041 Form of ballot.-(1) BALLOT.S.-The names of candidates for ju­

dicial office which appear on the ballot at the first primary election shall either be grouped together on a separate portion of the ballot or on a separate ballot. The names of candidates for judicial office which appear on the ballot at the general election and the names of justices and judges seeking reten­tion to office shall be grouped together on a separate portion of the general eleCtion ballot.

(2) LISTING OF CANDIDATES.-The names of all candidates for the office of circuit judge or the office of county court judge shall be listed in alpha­betical order. With respect to justices and judges of district courts of appeal, the question "Shall Justice (or Judge) (name of justice or judge) of the (name of the court) be retained in office?" shall appear on the ballot and thereafter the words "Yes" and "No."

(3) REFERENCE TO PARTY AFFILIATION PROHIBITED.-No reference to political party affil­iation shall appear on any ballot with respect to any nonpartisan judicial office or candidate.

History.-s. 4, ch. 71-49; s. 38, ch. 77-175; s. 55, ch. 79-400; s. I , ch. 80.305.

CHAPTER 106

CAMPAIGN FINANCING

106.141 Disposition by candidates of surplus funds.

. 106.141 Disposition by candidates of surplus funds.-

(1) Any candidate who withdraws his candidacy shall, pursuant to this section, within 90 days of withdrawing his candidacy, dispose of the funds on deposit in his campaign account. Such candidate shall not accept any contributions, nor shall any per­son accept contributions on behalf of such candidate, after the candidate withdraws his candidacy.

(2) Each candidate shall, pursuant to this sec­tion, within 90 days after having been eliminated as a candidate or elected to office, dispose of the funds on deposit in his campaign account. Such candidate shall not accept any contributions, nor shall any per­son accept contributions on behalf of such candidate, after the candidate has been eliminated as a candi­date or elected to office.

(3) All funds on deposit in the campaign account of any candidate, which funds have not been used in a campaign for public office within 2 years from the date the campaign account was established, shall, within 90 days following the second anniversary of the date the campaign account was established, be disposed of pursuant to this section. Such candidate shall not accept any contributions, nor shall any per­son accept contributions on behalf of such candidate,

s. 106.141 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 106.141

after the second anniversary of the date the cam­paign account was established.

(4) The campaign treasurer of a candidate who withdraws his candidacy or who has been eliminated as a candidate or who has been elected to office and who has funds on deposit in a campaign savings ac­count or certificate of deposit shall, within 7 days of the date of such withdrawal, elimination, or election, transfer such funds and accumulated interest earned thereon to the campaign account of the can­didate for disposal in accordance with the provisions of this section.

(5) Any candidate required to dispose of funds pursuant to this section shall, at the option of the candidate, either:

(a) Return pro rata to each contributor the funds which have not been spent, or obligated to be spent, with respect to a campaign which has been conduct­ed·

Cb) Donate the funds ·which have not been spent, or obligated to be spent, to a charity organization or organizations which meet the qualifications of s. 1501(c)(3) of the Internal Revenue Code, with respect to a campaign which has been conducted; or

(c) Give the funds which have not been spent, or obligated to be spent, with respect to a campaign which has been conducted,

1. In the case of a candidate for state office, to the state, to be deposited in the General Revenue Fund, or,

2. In the case of a candidate for an office of a political subdivision, to such political subdivision, to be deposited in the general fund thereof.

(6) . A candidate elected to office may dispose of all of the funds in such account in the manner pro­vided in this section or may retain on deposit in such account any amount of the funds on deposit in such account up to:

(a) $6,000, for a candidate for statewide office. (b) $3,000, for a candidate for legislative or multi­

county office. .. (c) $1,500, for a candidate for countywide office or for a candidate in any election conducted on less than a countywide basis.

(d) $6,000, for a candidate for retention as a jus­tice of the Supreme Court.

transfer from the campaign account established to finance his campaign in the subsequent election to the account in which the previously retained funds are deposited in an amount equal to the difference between the amount retained and the amount of previously retained funds to be .used for legitimate office expenses. Upon leaving public office, any per­son who has funds retained pursuant to this subsec­tion remaining on deposit shall give such funds to a charitable organization or organizations which meet the requirements ofs. 1501(c)(3) of the Internal Reve­nue Code or, in the case of a state officer, to the state to be deposited in the General Revenue Fund or, in the case of an officer of a political subdivision, to the political subdivision to be deposited in the general fund thereof.

(7) Any candidate required to dispose of cam­paign funds pursuant to this section shall do so with­in the time required by this section and shall, on or before the date by which such disposition is to have been made, file with the officer with whom reports are r~quired to be filed pursuant to s. 106.07 a form prescribed by the Division of Elections listing:

(a) The name and address of each person or unit of government to whom any of the funds were dis­tributed and the amounts thereof;

(b) The name and address of each person to whom an expenditure was made, together with the amount thereof and purpose therefor; and

(c) The amount of such funds retained by the can­didate.

Such report shall be signed by the candidate and the campaign treasurer and certified as true and correct pursuant to s. 106.07.

(8) Any candidate, or any person on behalf of a candidate, who accepts contributions after such can­didate has withdrawn his candidacy, after the candi­date has been eliminated as a candidate or elected to office, or after the second anniversary of the date the campaign account of such candidate was established, is guilty of a misdemeanor of the first degree, pun­ishable as provided in s. 775.082 or s. 775.083.

(9) Any candidate who is required by the provi­sions of this section to dispose of funds in his cam­paign account and who fails to dispose of the funds in the manner. provided in this section is guilty of a misdemeanor of the first degree,·punishable as pro-(e) $3,000, for a candidate for retention as a judge

of a district court of appeal. . vided in s. 775.082 or s. 775.083. (f) $1,500, for a candidate for county court judge

or circuit judge.

Any funds so retained by a candidate shall be used only for legitimate expenses in connection with his public office. The funds may be deposited in a sav­ings account; however, all deposits, withdrawals, and interest earned thereon shall be reported at the appropriate reporting period, Any candidate elected · to office who retains funds pursuant to this subsec­tion and who has funds remaining in such account after a subsequent election at which such candidate is reelected to office or elected to another office shall, pursuant to subsection (4), dispose of all funds on deposit in the account established to finance the sub­sequent campaign which funds have not been spent or obligated to be spent with respect to such subse­quent campaign, except that such candidate may

65

History.-s. 50, ch. 77-175; s. 6, ch. 79-378; s. 60, ch. 79-400; s. 2; ch. 80-292. 'Note.-The reference "501(c)(3)" was substituted for "501(3)(c)" by the edi­

tors to correct an apparent error.

CHAPTER 110

STATE EMPLOYMENT

PART I GENERAL STATE EMPLOYMENT PROVISIONS

PART II CAREER SERVICE SYSTEM

PART I

GENERAL STATE EMPLOYMENT

s. 110.117 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 110.205

PROVISIONS

110.117 Paid holidays.

110.117 Paid holidays.-(1) The following holidays shall be paid holidays

observed by all state branches and agencies: (a) New Year's Day. (b) Memorial Day. (c) Independence Day. (d) Labor Day. (e) Veterans' Day, November 11. (f) Thanksgiving Day. · (g) · Friday after Thanksgiving. (h) Christmas Day. (i) If any of these holidays falls on Saturday, the

preceding Friday shall be observed as a holiday. If any of these holidays falls on Sunday, the following Monday shall be observed as a holiday.

(2) The secretary may designate any one other working day as a paid holiday for employees in t~e Career Service System or may declare, when appro­priate, a state day of mourning in observance of the death of a person in recognition of service rendered to the state or nation. ·

(3) Each permanent full-time employee shall be entitled to one personal holiday per year. Such per­sonal holiday shall be credited to eligible employees on July 1 of each year to be taken prior to June.30 of the following year. Members of the teaching and research faculty of the State University System and administrative and professional positions exempted under s. 110.205(2)(e) shall not be eligible for this benefit.

History.-s. 20, ch. 79-190; s. 1, ch. 80-331.

PART II

CAREER SERVICE SYSTEM

110.205 Career service; exemptions. · 110.233 Po~itical activities and unlawful acts pro­

hibited. 110.401 Declaration of policy. 110.402 Senior Management Service; creation, cov­

erage. 110.403 Powers and duties of the Department of

Administration. 110.404 Senior Management Policy Committee. 110.405 Senior Management Advisory Committee.

110.205 Career service; exemptions.-(!) CAREER POSITIONS.-The career service

to which this part applies shall include all positions not specifically exempted by this part, any other pro­visions of the Florida Statutes to the contrary not­withstanding.

(2) EXEMPT POSITIONS.-The exempt posi­tions which are not covered by this part inclu9,e the following, provided no position shall be exempted if the position reports to a position in the career ser­vice:

(a) Officers elected by popular vote and persons appointed to fill vacancies in such offices and the personal secretary of each such officer. However, the department shall set the salary for each of these

secretarial positions unless the salary is otherwise fixed by law.

(b) Officers and employees of the Legislature. (c) Members ofboards and commissions, however

selected. The department shall set the salary of these positions unless otherwise fixed by law.

(d) The head of each state agency. Unless other­wise fixed by law, the salaries of these positions shall be set by the department in accordance with the classification and pay plan established for the Senior Management Service.

(e) Judges, referees, and receivers. (f)l. The Chancellor of the University System

and the presidents of state colleges and universities. However, the salaries for such positions shall be set by the Board of Regents, any provisions of the Flori­da Statutes to the contrary notwithstanding.

2. · Members of the teaching and research faculty of the State University System and comparable ad­ministrative and professional positions as deter­mined by the Board of Regents.

3. Those administrative and professional posi­tions nominated by the Board of Regents and accept­ed by the department for inclusion within the Senior Management Service. The salaries of these positions shall be set by the department in accordance with the classification and pay plan established for the Senior Management Service.

(g) Patients or inmates in state institutions. (h) Any person paid from other-personal-services

appropriations. (i) A maximum of 10 policymaking positions, in

addition to those specified in this subsection, in the offices of the Secretary of State, the Attorney Gener­al, the Comptroller, the Treasurer, the Commission­er of Education, and the Commissioner of Agricul­ture, as designated by such officer, and 10 such poli­cymaking positions, in addition to these specified in this subsection, in each of the other departments, as designated . by the head of each such department, plus any additional positions which are established for a limited period of time for the purpose of con. ducting a special study, project, or investigation. However, the employing agency shall advise the de­partment in writing of each position to be exempted, and each such exemption shall be subject to the ap­proval of the department as being policymaking or being established for a limited period of time. The department shall set the salary unless otherwise fix-ed by law. ·

(j) All employees in the Governor's general and executive offices and at the Governor's mansion and the head of each separate budget entity, as defined in chapter 216, assigned to the Governor. Unless otherwise fixed by law, the department shall set the salary of these positions. The salaries for the posi­

. tions of the Chief of Staff, Deputy Chief of Staff, Executive Policy Staff Coordinator, State Federal

66

Relations Director-Governor, Director of Communi­cations, Administration and Management Systems Director, Citizens Assistance Director, Migrant La­bor Director, Administration Director-Governor, As­sistant Administration Director-Governor, State En­ergy Director, Assistant State Energy Director, Chief of Energy Operations, Chief of Energy Plan­ning and Analysis, Planning and Budgeting Direc-

s. 110.205 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 110.233

tor, Deputy Director for Systems Development and Evaluation, Deputy Director for Policy Development and Budgeting, Inspector General, and Management Review and Improvement Director shall be set by the department in accordance with the classification and pay plan established for the Senior Manage­ment Service.

(k) All officers and employees of the judicial branch. The department shall set the salary of these positions, unless otherwise fixed by law.

(l) The appointed secretaries, assistant secretar­ies, deputy secretaries, executive directors, assistant executive directors, and deputy executive directors of all departments; the chief administrative officer and the deputy administrative officer of each board or commission; and, unless otherwise provided by law, the directors, assistant directors, and deputy directors of all divisions, and all chiefs of all bureaus as determined by the department to be policymaking of all departments. In any department not using the classifications of division director, assistant division director, deputy division director, or bureau chief as determined by the department to be policymaking, the department shall determine the comparable managerial positions and shall provide for their ex­emption. Unless otherwise fixed by law, the depart­ment shall set the salary of these positions in accord­ance with the classification and pay plan established for the Senior Management Service.

(m) The personal secretary to each appointed secretary, executive director, assistant executive di­rector, and deputy executive director of each depart­ment. Unless otherwise fixed by law, the department shall set the salary of these positions.

(n) The institute directors of the mental health institutes authorized for Tampa · and Miami for training imd research in the mental health field and all faculty-type employees chiefly concerned with training, research, and program evaluation. The sal­aries for these positions shall be similar to the sala­ries provided for faculty positions in the State Uni­versity System and shall be subject to the approval of the department, unless otherwise fixed by law.

(o) The personal secretary and personal assistant of each member of the Florida Public Service Com­mission, the executive director and deputy executive director of the Florida Public Service Commission, the commission clerk, and the hearing examiners, official reporters, and directors of the departments within the commission. The Florida Public Service Commission shall, with the prior approval of the department, set the qualifications and salary of these positions unless otherwise fixed bylaw; howev­er, the executive director, deputy executive direc­tors, department directors, and those senior manage~ ment positions nominated by the commission and accepted by the department shall be paid 1n accord­ance with the classification and pay plan established for the Senior Management Service.

(p) The deputy assistant secretaries, the staff di­rectors, district administrators, assistant staff direc­tors, Director of Management Systems, Director of Accounting Services, Director of Budget Services, Director of Revenue Management, Director of Per­sonnel Management, Director of Training and Staff Development, Director of General Services, Director

67

of Civil Rights Compliance, deputy district adminis­trators, district program managers, district progr.am coordinators, district subdistrict administrators, dis­trict administrative services directors, district attor­neys, Director of Ce~tral Operation Services, and Deputy Director of Central Operations Services of the Department of Health and Rehabilitative Ser­vices. The department shall determine which of these positions shall be placed iri the Senior Manage­ment Service. Unless otherwise fixed by law, the department shall set the salary for •these positions whether or not the position is included in the Senior Management Service.

(q)l. The academic and academic administrative personnel of the Florida School for the Deaf and the Blind. In accordance with the provisions of chapter 242, the salaries for such positions shall be set by the Board of Trustees for the Florida School for the Deaf and the Blind, subject only to the approval of the State Board of Education.

2. Those academic administrative positions rec­ommended by the ·Board of Trustees for the Florida School for the Deaf and the Blind and accepted by the department for inclusion within the Senior Man­agement Service. The salaries of these positions shall be set by the department in accordance with the classification and pay plan established for the Senior Management Service.

(r) All military personnel of the Department of Military Affairs.

(3) PARTIAL EXEMPTION OF DEPARTMENT OF LAW ENFORCEMENT.-Employees of the De­partment of Law Enforcement shall be subject to the provisions ofs. 110.227, except in matters relating to transfer.

Hlstory.-s. 21, ch. 79·190; s. 2, ch. 80.404.

110.233 Political activities and unlawful acts prohibited.-

( I) No person shall be appointed to, demoted, or dismissed from any position in the career service, or in any way favored or discriminated against with respect to employment in the career service, because of race, color, sex, religious creed, national origin, or political opinion or. affiliation.

(2) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or at­tempt to secure for any person an appointment or advantage in appointment to a position in the career service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person or for any consideration; however, letters of inquiry, recommendations, and references by' public em­ployees or public officials shall not be considered political pressure unless any such letter contain~> a threat, intimidation, or irrelevant, derogatory, or false information. For the purposes of this section, the term "political pressure," in addition to any ap­propriate meaning which may be ascribed thereto by lawful authority, shall include the use of official au­thority .or influence in any manner prohibited by this chapter.

(3) No person shall, directly or indirectly, give, render, pay, offer, solicit, or accept any money, ser­vice, or other valuable consideration for or on ac-

s. 110.233 1980 SUPPLEMENT TO I<'LORIDA STATUTES 1979 s. 110.404

count of any appointment, proposed appointment, promotion or proposed promotion to, or any advan­tage in, a position in the career service. The provi­sions of this subsection shall not apply to a private employment agency licensed pursuant to the provi­sions of chapter 449 when the services of such pri­vate employment agency are requested by a state agency, board, department, or commission and nei­ther the state nor any political subdivision pays the private employment agency for such services.

(4) As an individual, each employee retains all rights and obligations of citizenship provided in the Constitution and laws of the state and the Constitu­tion and laws of the United States. However, no em­ployee in the career service shall:

(a) Hold, or be a candidate for, public office while in the employment of the state or take any active part in a political campaign while on duty or within any period of time during which he is expected to perform services for which he receives compensation from the state. However, when authorized by his agency head and approved by the Department of Administration as involving no interest which con­flicts or activity which interferes with his state em­ployment, an employee in the career service may be a candidate for or hold local public office. The De­partment of Administration shall prepare and make available to all affected personnel who make such request a definite set of rules and procedures consist­ent with the provisions herein.

(b) Use the authority of his position to secure support for, or oppose, any candidate, party, or issue in a partisan election or affect the results thereof.

(5) No state employee or official shall use any promise of reward or threat of loss to encourage or coerce any employee to support or contribute to any political issue, candidate, or party.

History.-s. 21, ch. 79-190; s. 2, ch. 80.207.

110.401 Declaration of policy.-It is the intent ofss. 110.401-110.405 to create a system for attract­ing, retaining, and developing highly competent sen­ior-level managers in order for the highly complex programs and agencies of state government to func­tion effectively, efficiently, and productively.

History.-s. 1, ch. 80-404.

110.402 Senior Management Service; crea· tion, coverage.-

(1) The Senior Management Service is created as a separate system of personnel administration for positions ih the executive branch the duties and re­sponsibilities of which are primarily and essentially policymaking and managerial in nature.

(2) The Senior Management Service shall be lim­ited to those positions which are exempt from the Career Service System by s. 110.205(2), which meet the foregoing criteria for Senior Management Ser­vice, and for which the salaries are fixed by the clas­sification and pay plan established and maintained by the department for the Senior Management Ser­vice.

History.-s. 1, ch. 80-404.

68

110.403 Powers and duties of the Department of Administration.-

(!) · In order to implement the purposes of ss. 110.401-110.405, the Department of Administration, after approval by the Administration Comm.ission, shall adopt and amend rules providing for:

(a) A system for employing, promoting, or reas­signing managers that is responsive to organization­al or program needs.

(b) A performance appraisal system which shall take into consideration individual and organization­al efficiency, productivity, and effectiveness.

(c) A system which shall provide for an effective method of removing from the service those manag­ers whose performance is inadequate while, at the same time, providing protection from political abuse of employment power.

(d) A salary and benefit plan that provides ap­propriate incentives for the recruitment and reten­tion of outstanding management personnel. .

(e) A system of rating duties a.nd responsibilities for positions within the Senior Management Service and the qualifications of candidates for those posi-tions. .

(f) A program · providing for periodic rotation of executive branch supervisory personnel into pri­mary task or direct client contact positions within their unit of government. These assignments shall be of sufficient duration and variety so as to provide supervisors direct experience with actual perform­ance of the duties of subordinates.

(g) Other procedures relating to personnel ad­ministration to carry out tlie purposes ofss. 110.401-110.405.

(2) The powers, duties, and functions of the de­partment shall include responsibility for the policy administration of the Senior Management Service. However, any act'ion of the department relative to a position in a department headed by a Cabinet officer or a department headed by the Governor and Cabi­net may be reviewed by the Administration Commis­sion, and the decision of the department may be changed by a majority vote of the Administration Commission.

(3) The department shall have the following ad­ditional responsibilities:

(a) To establish and administer a professional de­velopment program which shall provide for the sys­tematic development of managerial, executive, or administrative skills. ·

(b) To promote public understanding of the pur­poses, policies, and programs of the Senior Manage­ment Service.

(4) All policies and procedures adopted by the department regarding the Senior Management Ser­vice shall comply with all federal regulations 'neces­sary to permit the state agencies to be eligible to receive federal funds. ·

History.-s. 1, ch. 80-404.

110.404 Senior Management Policy Commit· tee.-There shall be a Senior Management Policy Committee composed of nine members of the Senior Management Service designated by and serving at the pleasure of the Secretary of Administration. The Senior Management Policy Committee shall meet on call of the secretary and shall advise and consult

s. 110.404 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 111.071

with the secretary on matters of policy and adminis­tration of the Senior Management Service.

History.-s. 1, ch. 80-404.

110.405 Senior Management Advisory Com­mittee.-

(1) There is created a Senior Management Advi­sory Committee consisting of seven members, as fol­lows:

(a) The Speaker of the House of Representatives shall appoint two members.

(b) The President of the Senate shall appoint two members.

(c) The Governor shall appoint three members and shall select the chairperson of the committee.

(2) The committee members shall be appointed for 2-year terms and shall serve without compensa­tion, but shall be entitled to receive reimbursement for traveling expenses as provided in s. ll2.061.

(3) The Department of Administration shall pro­vide staff and clerical assistance to the committee necessary to carry out its duties and make its re­ports.

(4) The committee shall be available to the Gov­ernor and the Legislature to assist in analyzing the effectiveness of the Senior Management Service. On March 1 of each year, the committee shall report to the Governor and the Legislature on the status and progress of the Senior Management Service.

(5) The committee shall provide guidance to the department in the establishment or revision of pro­grams and rules implementing the provisions of ss. ll0.401-110.405.

History.-s. 1, ch. 80-404.

CHAPTER Ill

PUBLIC OFFICERS; GENERAL PROVISIONS

111.07 Defense of civil actions against public offi­cers, employees, or agents.

111.071 Payment of judgments or settlements against certain public officers or em­ployees.

'111.07 Defense of civil actions against pub­lic officers, employees, or agents.-Any agency of the state, or any county, municipality, or political subdivision of the state, is authorized to provide an attorney to defend any civil action arising from a complaint for damages or injury suffered as a result of any act or omission 2ofaction of any ofits officers, employees, or agents for an act or omission arising out of and in the scope of his employment or func­tion, unless, in the case of a tort action, the officer, employee, or agent acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and will­ful disregard of human rights, safety, or property. Defense of such civil action shall include, but not be limited to, any civil rights lawsuit seeking relief per­sonally against the officer, employee, or agent for an act or omission under color of state law, custom, or usage, wherein it is alleged that such officer, em-

69

ployee, or agent has deprived another person of his rights secured under the federal constitution or laws. Legal representation of an officer, employee, or agent of a state agency may be provided by the De­partment of Legal Affairs. If any agency ofthe state or any county, municipality, or political subdivision of the state is authorized pursuant to this section to provide an attorney to defend a civil action arising from a complaint for damages or injury suffered as a result of any act or omission of action of any of its officers, employees, or agents and fails to provide such attorney, then said agency, county, municipal­ity, or political subdivision shall reimburse any such defendant who prevails in the action for court costs and reasonable attorney's fees.

History.-s. 1, ch. 72-36; s. 1, ch. 79-139; s. 2, ch. 80-271. 'Note.-This section, as amended by ch. 80-271, shall apply to all actions

pending in the trial or appellate courts on June 30, 1980, and to all actions thereafter initiated.

sNote.-The words "of action" were inserted by the editors for consistency of terminology with the other amendments to provisions of this chapter made by ch. 80-271.

111.071 Payment of judgments or settlements against certain public officers or employees.-

(1) Any county, municipality, political subdivi­sion, or agency of the state which has been excluded from participation in the Insurance Risk Manage­ment Trust Fund is l:!Uthorized to expend available funds to pay:

'(a) Any final judgment, including damages, costs, and attorney's fees, arising from a complaint for damages or injury suffered as a result of any act or omission of action of any officer, employee, or agent in a civil or civil rights lawsuit described in s. 111.07. If the civil action arises under s. 768.28 as a tort claim, the limitations and provisions ofs. 768.28 governing payment shall apply. If the action is a civil rights action arising under 42 U.S.C. s. 1983, or simi­lar federal statutes, payments for the full amount of the judgment may be made unless the officer, em­ployee, or agent has been determined in the final judgment to have caused the harm intentionally.

(b) Any compromise or settlement of any claim or litigation as described in paragraph (a), subject to the limitations set forth in that paragraph.

(c) Any reimbursement required under s. lll.07 for court costs and reasonable attorney's fees when the county, municipality, political subdivision, or agency of the state has failed to provide an attorney and the defendant prevails.

(2) For purposes of this section, a "final judg­ment" means a judgment upon completion of any appellate proceedings. .

1(3) "Agency of the state" or "state agency," as used in this section, includes an executive depart­ment, a constitutional officer, the Legislature, and the judicial branch.

(4) This section is not intended to be a waiver of sovereign immunity or a waiver of any other defense or immunity to such lawsuits.

History.-s. 2, ch. 79-139; ss. 2, 3, ch. 80-271. 'Note.-Paragraph (1)(a), as amended, and subaection (3), as created, by ch.

80-271, shall apply to all actions pending in the trial or appellate courts on June 30, 1980, and to all actions thereafter initiated.

s. 112.046 1980 SUPPLEMENT. TO FLORIDA STATUTES 1979 s. 112.05

CHAPTER 112

PUBLIC OFFICERS AND EMPLOYEES; GENERAL PROVISIONS

PART I CONDITIONS OF EMPLOYMENT; RETIREMENT; PER DIEM, TRAVEL EXPENSES; ETC.

f> ART IV SUPPLEMENTAL RETIREMENT ACT FOR RETIRED MEMBERS OF STATE RETIREMENT SYSTEMS

PART V SUSPENSION, REMOVAL, OR RETIREMENT OF PUBLIC OFFICERS

PART I

CONDITIONS OF EMPLOYMENT; RETIREMENT; PER DIEM, TRAVEL EXPENSES; ETC.

112.046 Political party committee membership al­lowed.

112.05 Retirement; cost-of-living adjustment; employment after retirement.

112.062 Cabinet members; educational and infor-mational travel ~xpenses. .

112.0801 Group insurance; participation by retired employees.

112.046 Political party committee member­ship allowed.-Notwithstanding any other provi­sion oflaw, an officer or employee of the state or any political subdivision may also serve as a member of the state executive committee or county executive committee of a political party. No person shall be required to resign from his public office or employ­ment, nor shall any person be fired or removed from such public office or employment, because of mem­bership on such a committee prior to June 25, 1980.

History.-s. 3, ch. 80-207. •

112.05 Retirement; cost-of-living adjustment; employment after retirement.-

UXa) Whenever any state official or state em­ployee has attained the age of 70 years or more and has served the state as either an official or employee, or both, for as much as 20 consecutive years or more or for an aggregate time of 30 years or more, or whenever any state official or employee, irrespective of age, has served the state as either an official or employee, or both, for 30 consecutive years or more, or for as much as an aggregate of 35 years or more, such official or employee may retire from his office as such official or employee with the right to be paid, and shall be paid monthly on his own requisition during the remainder ofhis natural life one-half the amount of the average monthly salary received dur­ing the last 10 years of such service; and sufficient money to meet the requirements of this section is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated. Provided, that military service in the Armed Forces of the United States shall be computed as a part of the time speci­fied hereinabove as entitling a state official or em-

70

ployee to the benefits of this section. This section shall apply only to persons retired or persons who are on a state payroll June 30, 1953, and remain continuously on a state payroll until eligible to re­tire. This section shall not affect any state official or employee who has already retired under any retire­ment act, except that no Cabinet officer qualifying shall receive less than $4,500 per year.

(b)l. Any state official or state employee who, as of January 1, 1976, has served the state as either an official or employee, or both, for 29 consecutive years, irrespective of age, and who has a terminal or critical illness, which illness is certified by two phy­sicians licensed in this state as terminal or critical, shall be eligible for early retirement. The benefits accruing to any such person under this section shall be reduced by five-twelfths ofl percent for each com­plete month by which such retirement precedes the 30 years of service required under paragraph (a).

2. Any state official or employee eligible to retire pursuant to the provisions of this paragraph may retire from his office as such official or employee with the right to be paid, and shall be paid monthly on his own requisition, during the remainder of his natural life, one-half the amount of the average monthly salary received during the last 10 years of his service, less the actuarial reduction provided for in subparagraph 1.

(c) Upon the death of a retired state officer or employee receiving monthly benefits under this sec­tion, the monthly benefits shall be paid through the last day of the month. of death and shall terminate on that date.

(2)(a) On July 1, 1974, and each July 1 thereafter, an initial cost-of-living adjustment shall be made to the monthly benefit payable to certain retirees who are retired under the provisions of this section and who are 65 years old or older on July 1 of the adjust­ment year. The cost-of-living adjustment provided in this subsection shall also be applicable to all persons who are retired, or who may hereafter retire, under this section, on the first July 1 following their 65th birthday and each July 1 thereafter.

(b) The initial cost-of-living adjustment author­ized by this subsection shall be made by using the formula provided in, and pursuant to, the provisions ofs. 121.101 for initial adjustments, except that the standard benefit for any retiree under this section shall be 48 percent of his average final compensa­tion, regardless of his years of service.

(c) On each July 1 following the initial adjust­ment of a retiree's benefit, his monthly benefit shall be adjusted to an amount equal to the sum of the monthly benefit being received on June 30 immedi­ately preceding the adjustment date, plus a percent­age of this benefit, such percentage to be equal to the percentage change in the average cost-of-living in­dex as of the date of adjustment from the average cost-of-living index for the next preceding adjust­ment date. However, the percentage change used to make the cost-of-living adjustment shall not exceed 3 percent for any annual adjustment date.

(d) Any retiree whose benefit has been adjusted pursuant to s. 112.362 shall not be entitled to the cost-of-living adj\lstment provided in this subsection until he has received the adjusted benefit provided

s. 112.05 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 112.362

by s. 112.362 for 1 full year. (3) . Any person who is retired under this section

may be employed by an employer who does not par­ticipate in a state-administered retirement system and may receive compensation from such employ­ment without limiting or restricting in any way the retirement benefits payable to such person.

(4)(a) Any person who is retired under this sec­tion may be employed by an employer that partici­pates in a state-administered retirement system and may receive compensation from such employment and retirement benefits at the same time, so long as the employment does not exceed 600 hours each cal­endar year, or the compensation earned in such em­ployment does not exceed $4,000 each calendar year, whichever limitation permits the longer employ­ment. However, such limitation shall not apply to a person age 65 or older.

(b) Any person to whom the limitation in para­graph (a) applies who will exceed such limitation shall give timely notice of this fact in writing to his employer and to the division and shall advise both of the date on which he will exceed the limitation. The division shall suspend such retired person's benefits for the remainder of the calendar year during which he continues employment in excess of the limitation in paragraph (a). Upon commencement of the next calendar year, the division shall resume payment of the retired person's benefits until he again exceeds the employment limitation of paragraph (a), at which time his benefits shall again be suspended for the remainder of the calendar year. Should such per­son fail to provide timely notice of his employment in excess of the limitation to the division, and should he receive and retain both benefits and compensa­tion in excess of the limitation of paragraph (a), the division shall suspend his retirement benefits until he has repaid to the retirement trust fund all bene­fits received after the limitation was r.eached. ,

(c) Notwithstanding the provisions of paragraph (a), any retired person who is employed by an em­ployer under the system within 1 calendar month of retirement shall forfeit his right to benefits during that month.

(d) The limitations of this subsection shall apply to reemployment in any capacity with an employer as defined in s. 121.021(10), irrespective of the cate­gory offunds from which the person is compensated.

History.-s. 1, ch. 12293, 1927; CGL 242; s. 1, ch. 17274, 1935; s. 1, ch. 20499, 1941; s. 1, ch. 22828, 1945; ss. 1, chs. 28147, 28148, 1953; s. 1, ch. 74-303; s. 1, ch. 76-212; s. 1, ch. 80-126; s. 2; ch. 80-130.

Note.-Former s. 121.001. cf.-Ch. 122 State and county officers and employees retirement system.

s. 291.325 Provides cost-of-living adjustment for Confederate pensioners.

112.062 Cabinet members; educational and informational travel expenses.-When he deems it necessary in order to carry out an official function of his office, a member of the Cabinet may incur and be- reimbursed for travel expenses pursuant to s. 112.061 for the purpose of educating and informing the public as to his official duties.

History.-s. 1, ch. 80-212.

112.0801 Group .insurance; participation by retired employees.-Every county, municipality, community college, or district school board in the state which provides life, health, accident, hospitali-

71

zation, or annuity insurance, or all of any kinds of such insurance, for the officers and employees there­of upon a group insurance plan is authorized to allow retired former personnel the option of continuing to participate in such group insurance plan, provided the cost of any such continued participation in any such group insurance plan shall be paid by the re­tired employee. However, a municipality or county may pay all or a portion of the cost of any such continued participation if it so desires. The provi­sions of this section shall not be negotiable or bar­gainable under the provisions of part II of chapter 447.

History.-s. 2, ch. 76-151; s. I, ch. 79-88; s. I , ch. 80-304.

PART IV

SUPPLEMENTAL RETIREMENT ACT FOR RETIRED MEMBERS OF STATE

RETIREMENT SYSTEMS

112.362 Re~omputation of retirement benefits.

112.362 Recomputation of retirement bene­fits.-

(1)(a) A member of any state-supported retire­ment system who has already r_etired, who is over 65 years of age, who has not less than 10 years of credit" able service, and who is not entitled to the minimum benefit provided for in paragraph (b), upon applica­tion to the administrator of his retirement system, may have his present monthly retirement benefits recomputed and receive a monthly retirement allow­ance equal to $8 multiplied by the total number of years of creditable service.' Effective July 1,. 1980, this minimum monthly benefit shall be · equal to $10.50 multiplied by the total number of years of creditable service, and thereafter said minimum monthly benefit shall be recomputed as provided in paragraph (5)(a). No present retirement benefits shall be reduced under this computation.

(b) A member of any state-supported retirement system who has already retired under a retirement plan or system which does not require its members to participate in social security pursuant to a modifi­cation of the federal-state social security agreement as authorized by the provisions of chapter 650, who is over 65 years of age, and who has more than 15 years of creditable service, upon application to the administrator, may have his present monthly retire­ment benefits recomputed and receive a monthly retirement allowance equal to $8 multiplied by the first·15 years of creditable service and $10 multiplied by every additional year of creditable service there­after. No present retirement· benefits shall be re­duced under this computation. The minimum monthly benefit provided by this paragraph shall not apply to any member or the beneficiary of any member who retires after June 30, 1978.

(c) A member of any state-supported retirement system who, during the period July 1, 1975, through June 30, 1976, was on the retired payroll with more than 15 years of creditable service; was over 65 years of age; and was not eligible for the $10 minimum benefit provided by paragraph (b) shall receive the $8 minimum benefit provided by paragraph (a) retro­active to the date such retired person would first

s. 112.362 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 112.362

have been eligible for the $8 minimum benefit under the provisions of this section, had said section not been amended by chapter 75-242, Laws of Florida. Such retroactive $8 minimum benefit shall also be payable to the beneficiary or surviving spouse of a member who, ifliving, would have qualified for this retroactive minimum benefit.

(2)(a) A retired member of any state-supported retirement system who is over 65 years of age and who possesses the creditable service requirements contained in paragraph (1)(a) or paragraph (1)(b), or the surviving spouse or beneficiary of said member who, if living, would be over 65 years of age, if such spouse or beneficiary is receiving a retirement bene­fit, upon proper application to the administrator, shall have his monthly retirement benefit recomput­ed and may receive a retirement benefit as provided in either paragraph (1)(a) or paragraph (1)(b) and, if a retirement option has been elected by the member, multiplied by the actuarial reduction factor relating to such retirement option and, if the member is de­ceased, multiplied by the percentage of the benefit payable to the surviving spouse or beneficiary. No present retirement benefits shall be reduced under this computation.

(b) A member of any state-supported retirement system who retires afl;er July 1, 1975, and who is over 65 years of age at the time of his retirement may be entitled to the benefit recalculation options provided by either paragraph (1)(a) or paragraph (1)(b).

(3) A member of any state-supported retirement system who has already retired under a retirement plan or system which does not require its members to participate in social security pursuant to a modifi­cation of the federal-state social security agreement as authorized by the provisions of chapter 650, who is over 65 years or age, and who has not less than 10 years of creditable service, or the surviving spouse or beneficiary of said member who, if living, would be over 65 years of age, upon application to the adminis­trator, may have his present monthly retirement benefits recomputed and receive a monthly retire­ment allowance equal to $10 multiplied by the total number ofyears of creditable service. Effective July 1, 1978, this minimum monthly benefit shall be equal to $10.50 multiplied by the total number of years of creditable service, and thereafter said mini­mum monthly benefit shall be recomputed as provid­ed in paragraph (5)(a). This adjustment shall be made in accordance with subsection (2). No retire­ment benefits shall be reduced under this computa­tion. Retirees receiving additional benefits under the provisions of this subsection shall also receive the cost-of-living adjustments provided by the appro­priate state-supported retirement system for the fis­cal year beginning July 1, 1977, and for each fiscal year thereafter. The .minimum monthly benefit pro­vided by this paragraph shall not apply to any mem­ber or the beneficiary of any member who retires after June 30, 1978.

(4)(a) Effective July 1, 1980, any person who is retired under a state-supported retirement system with not less than 10 years of creditable service, who is 65 years of age or over, and who is not receiving or entitled to receive federal social security benefits

shall, upon application to the Division of Retire­ment, be entitled to receive a minimum monthly benefit equal to $16.50 multiplied by the member's total number of years of creditable service and ad­justed by the actuarial factor applied to the original benefit for optional forms of retirement. Thereafter, the minimum monthly benefit shall be recomputed as provided in paragraph (5)(a). Application for this minimum monthly benefit shall include certifica­tion by the retired member that he or she is not receiving and is not entitled to receive social security benefits and shall include written authorization for the Division of Retirement to have access to informa­tion from the Federal Social Security Administra­tion concerning the member's entitlement to or eligi­bility for social security benefits. The minimum ben­efit provided by this paragraph shall not be paid unless and until the application requirements of this paragraph are satisfied.

72

(b) Effective July 1, 1978, the surviving spouse or beneficiary who is receiving or entitled to receive a monthly benefit from the account of any deceased retired member who had completed at least 10 years of creditable service and who, ifliving, would be age 65 or over shall, upon application to the Division of Retirement, be entitled to receive the minimum monthly benefit described in paragraph (a), adjusted by the actuarial factor applied to the optional form of benefit payable to said surviving spouse or benefi­ciary, provided said person is not receiving or enti­tled to receive federal social security benefits. Appli­cation for this minimum monthly benefit shall in­clude certification by the surviving spouse or benefi­ciary that he or she is not receiving and is not enti­tled to receive social security benefits and shall in­clude written authorization for the Division of Re­tirement to have access to information from the Fed­eral Social Security Administration concerning such person's entitlement to or eligibility for social securi­ty benefits. The minimum benefit provided by this paragraph shall not be paid unless and until the application requirements of this paragraph are sat­isfied.

(c) The minimum benefits authorized by this sub­section shall be payable from the first day of the month following the month during which the retired member becomes or would have become age 65.

(5)(a) Effective July 1, 1981, the dollar factors used in determining the minimum benefits provided by this section shall be adjusted by an amount de­rived by multiplying said dollar factors by the per­centage change in the average cost-of-living index since the previous July 1, not to exceed 3 percent. Each July 1 thereafter, the adjusted dollar factors used in determining the minimum benefits provided by this section shall continue to be adjusted by an amount derived by multiplying the current adjusted dollar factors by the percentage change in the aver­age cost-of-living index since the previous July 1, not to exceed 3 percent for any annual adjustment.

(b) "Average cost-of-living index" as of any July 1 date means the average of the monthly Consumer Price Index figures for the 12-month period from April 1 through March 31 immediately prior to the adjustment date, relative to the United States as a whole; issued by the Bureau of Labor Statistics of the

s. 112.362 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 117.07

United States Department of Labor. (6) The · funds necessary to pay the mm1mum

monthly benefits provided by this section up to $8 multiplied by the total number of years of creditable service are hereby annually appropriated from the retirement trust fund from which the original bene­fits are paid and frcm the General Revenue Fund for persons retired uncler s. 112.05. The funds necessary to pay all additional costs of providing the minimum benefits authorized by this section are hereby annu­ally appropriated :.:rom the General Revenue Fund.

History.-s. 1, ch. 70-224; s. 1, ch. 72-282; ss. 1-3, ch. 75-242; ss. 1, 2, ch. 76-228; s. 1, ch. 77-241; s. 1, ch. 78-364; s. 6, ch. 79-377; s. 1, ch. 80-242.

PARTV

SUSPENSION, REMOVAL, OR RETIREMENT OF PUBLIC OFFICERS

112.44

112.52

Failure to . prove charges; payment of at­torney's fees or salary.

Removal of a public official when a meth­od is not otherwise provided.

112.44 Failure to prove charges; payment of attorney's fees or salary.-In the event any officer suspended by the Governor shall not be removed by the Senate, he shall be reinstated, and the Senate may provide that the county, district', or state, as the case may be, shall pay reasonable attorney's fees and costs of the reinstated officer upon his exoneration; or the Legislature may at any time after such rein­statement provide for the payment from general rev­enue funds of reasonable attorney's fees and costs or the salary and emoluments of office from the date of suspension to the date of reinstatement. The appro­priation for such fees, costs, and salary and emolu­ments may be contained in the general appropria­tions act or any other appropriate general act. Part V of chapter 112 shall constitute sufficient authority for the payment of such attorney's fees and costs as the officer may reasonably have incurred in his own defense.

History.-s. 5, ch. 69-277; s. 2, ch. 80-333.

112.52 Removal of a public official when a method is not otherwise provided.-

(1) When a method for removal from office is not otherwise provided by the State Constitution or by law, the Governor may by executive order suspend from office an elected or appointed public official, by whatever title known, who is indicted or informed against for commission of any felony, or for any mis­demeanor arising directly out of his official conduct or duties, and may fill the office by appointment for the period of suspension, not to extend beyond the term.

(2) During the period of the suspension, the pub­lic official shall not perform any official act, duty, or function or receive any pay, allowance, emolument, or privilege of his office.

(3) If convicted, the public official may be re­moved from office by executive order of the Gover­nor. For the purpose of this section, any person who pleads guilty or nolo contendere or who is found guilty shall be deemed to have been convicted, not-

73

withstanding the suspension of sentence or the with­holding of adjudication.

(4) If the public official is acquitted or found not guilty, or the charges are otherwise dismissed, the Governor shall by executive order revoke the sus­pension; and the public official shall be entitled to full back pay and such other emoluments or allow­ances to which he would have been entitled had he not been suspended.

History.-s. 1, ch. 80-333.

CHAPTER 117

NOTARIES PUBLIC

117.03 Administration of oaths; penalties for .false oaths.

117.07 Statement of time of expiration of commis­sion; seal.

117.03 Administration of oaths; penalties for false oaths.- ·

(1) In all cases in which it may be necessary to the due and legal execution of any writing or docu­ment whatever to be attested, protested, or pub­lished under the seal of his office, any notary public may administer an oath and make certificate there­of. The notary shall not take an acknowledgment of execution, as provided in s. 117.07, in lieu of an oath when an oath is required.

(2) Any person making a false oath before a nota­ry public shall be guilty of perjury and be subject to the penalties, forfeitures, and disabilities that are prescribed by law in cases of perjury under chapter 837.

History.-Sept. 13, 1822; RS 219; GS 304; RGS ·415; CGL 481; s. 20, ch. 73-334; s. 1, ch. 80-173.

117.07 Statement of time of expiration of commission; seal.-

(1) Unless the date of expiration of his commis­sion is included on the notary seal, a notary public in the state shall add to his official signature to any certificate of acknowledgment made before him a statement of the time of the expiration of his com­mission as notary public in words and figures as follows: "My commission expires .... \I:I~~~i~ ... i!l""~t .. ~lt~ .. ~ll.t<! "'!.~~~ .. ~h.~. s.<:>.mmA~~.<?.z:l: . ~~P.~r.~.~:) .... ''

(2) A notary seal shall be affixed to all documents notarized, which may be of the rubber stamp or im­pression type and shall include the words "Notary Public-State ofFlorida." The seal shall also include the name of the notary public and may include the date of expiration of the commission of the notary public.

History.-s. 1, ch. 5218, 1903; GS 308; RGS 419; CGL 485; s. 3, ch. 63-138; s. 1, ch. 72-8; s. 3, ch. 75-161; s. 2, ch. 80-173.

s. ·119.0115 1980 SUPPLEMENT TO-FLORIDA STATUTES 1979 s. 119.07

CI;IAPTER 119

PUBLIC RECORDS

119.0115 Videotapes and video signals; exemption from chapter.

119.07 Inspection and examination of records; exemptions.

119.0115 Videotapes and video signals; ex­emption from chapter.-Any videotape or video signal which, under an agreement with an agency, is produced, made, or received by, or is in the custody of, a federally licensed radio or television station or its agent is exempt from this chapter.

History,_,, 1, ch. 80-1.

119.07 Inspectioq and examination of records; exemptions.-

(1)(a) Every person who has custody of public records shall permit the records to be inspected and examined by any person desiring to do so, at reasona­ble times, under reasonable conditions, and under supervision by the custodian of the records or his designee. The custodian shall furnish copies or certi­fied copies of the records upon payment of fees as prescribed by law or, if fees are not prescribed ·by law, upon payment of the actual cost of duplication of the copies. Unless otherwise provided by law, the fees to be charged for duplication of public records shall be collected, deposited, and accounted for in the manner prescribed for other operating funds of the agency. ,

(b) In the case of records produced under this act, when the nature or volume of records is such as to require extensive clerical or supervisory assistance by personnel of the agency involved, the agency may charge, in addition to the actual cost of duplication, a reasonable charge, approved by the Department of Administration, for the provision of such clerical or supervisory personnel.

(2)(a) Any person who has custody of public records and who asserts that an exemption provided in subsection (3) or in general or special law applies to a particular record shall delete or excise from the record only that portion of the record for which an exemption is asserted and shall produce for inspec­tion and examination the remainder of such record.

(b) In any action in which an exemption is assert­ed pursuant to paragraph (e), paragraph (f), or para­graph (g) of subsection (3), the record or records shall be submitted in camera to the court for a de novo inspection. In the case of an exemption asserted pur­suant to paragraph (d) of subsection (3), an in camera inspection shall be discretionary with the court. If the court finds no bruiis for the assertion of the ex­emption, it shall order the records to be disclosed.

(3)(a) All public records which are presently pro­vided by law to be confidential .or which are prohibit­ed from being inspected by the public, whether by general or special law, shall be exempt from the pro-visions of subsection (1). .

(b) All public records referred to in ss. 198.09, 199.222, 228.093, 257.261; 288.075, 624.311(2), 624.319(3) and (4), 655.057(1)(b), (3), and (4) are ex­empt from the provisions of subsection (1).

(c) Examination questions and answer sheets of

74

examinations administered by a governmental agen­cy for the purpose of licensure, certification, or em­ployment shall be exempt from the provisions of sub­section (1). However, an examinee shall have the right to review his own completed examination. . (d) Active criminal intelligence information and

active criminal 'investigative information are ex­empt from the provisions of subsection (1).

(e) Any information revealing the identity of confidential informants or sources is exempt from the provisions of subsection (1). .

(f) Any information revealing surveillance tech­niques or procedures or personnel is exempt from the provisions of subsection (1).

(g) Any information revealing undercover per­sonnel of any criminal justice agency is exempt from the provisions of subsection (1). . ·

(h) Any criminal intelligence information or crim,inal investigative information including the photograph, name, address, or other fact or informa­tion which reveals the identity of the victim of any sexual battery as defined by chapter 794 or child abuse as defined by chapter 827 is exempt from the provisions of subsection (1) . .

(i) Any criminal intellige11ce information or criminal investigative information which reveals the personal assets of the victim of a crime; other than property stolen or destroyed during the com­mission·ofthe crime, is exempt from the pro:visions of subsection ·(1). ·

(j) All criminal intelligence and criminal investi­gative information received by a criminal justice agency prior to January 25, 1979, is exempt from the provisions of subsection (1).

(k) The home addresses; telephone numbers, and photographs of law enforcement personnel; the home addresses, telephone numbers, photographs, and places of employment of the spouses and chil­dren of law enforcement personnel; and the names and locations of schools attended by the children of law enforcement personnel are exempt from the pro­visions of subsection (1).

(4) Nothing herein shall be construed to exempt from subsection (1) records made part of a court file and not specifically closed by order of court except as provided in paragraphs (e), (f), and (g) of subsection (3). . .

(5) The provisions of this section are not intended to expand or limit the provisions of Rule 3.220, Flori­da Rules of Criminal Procedure, regarding the right and extent of discovery by the state and a defendant in a criminal prosecution.

History.-s. 7, ch. 67-125; s. 4, ch. 75-225; s. 2, ch. 77-60; s. 2, ch. 77-75; s. 2, ch. 77-94; s. 2, ch. 77-156; s. 2, ch. 78-81; ss. 2, 4, 6, ch. 79-187; s. 2, ch. 80-273. cf.-s. 14.22 Governor 's Council on' Physical Fitness and SpOrts; powers.

s. 213.053 Confidentiality and information sharing. s. 240.331 Direct support organizations; use of property; audit; status. s. 320.025 Confidential or fictitious motor vehicle license; application for

· registration.

CHAPTER 120

ADMINISTRATIVE PROCEDURE ACT

120.54 Rulemaking; adoption procedures.

s. 120.54 1980 SUPPLEMENT TO FLORIDA STA'l'UTES 1979 s. 120.54

120.545 120.55 120.57

Committee review of agency rules .. Publication. Decisions which affect substantial inter­

ests.

120.54 Rulemaking; adoption procedures.­(! ) Prior to the adoption, amendment, or repeal

of any rule not described in . subs~ction (9), an agency shall give notice of its intended action, setting forth a short and plain explanation of the purpose and effect of the proposed rule, the specific legal authori­ty under which its adoption is authorized, and a sum­mary of the estimate of the economic impact of tl).e proposed rule on all persons affected by it.

. (a) Except as otherwise prov.ided in this para­graph, the notice shall be mailed to the committee, to all persons named in the proposed rule, and to all persons who have made requests of the agency for advance notice of its proceedings at least 14 days prior to such mailing. The agency shall !ilso give such notice as is prescribed by rule to those particu­lar classes of persons to whom the intended action is directed,. Notice of intent by an educational unit to adopt, amend, or repeal any rule not described in subsection (9) shall be made:

1. By publication in a newspaper of general cir-culation in the affected area; ·

2. By mail to all perspns who have made requests of the educational unit for advance notice of its pro­ceedings and to organizations representing ·persons affected by the proposed rule; and .

3. By posting in appropriate places so that those particular classes of persons to whom the -intended action is directed may be duly notified.

Such publication, mailing, and posting of notice shall occur at least 14 days prior to the inten,ded action.

(b) The notice shall be published in the Florida Administrative Weekly not less than 21 days. prior to the intended action, except that notice of actions proposed by educational u:r;tits or units of govern­ment with jurisdiction in only one county or a part thereof need not be published in the Florida Admin­istrative Weekly or transmitted to the committee. The proposed rule shall be available for inspection and copying by the public at the time of the publica­tion of notice. . (2)(a) Each agency, prior to the adoption,.amend­

ment, or repeal of any rule, shall provide informa­tion on its proposed action by prepariqg a detailed economic impact .statement. The economic impact statement shall include:

1. An estimate of the cost to the agency of the implementation of the proposed action, including the estimated amount of paperwork;

2. An estimate of the cost or the economic benefit to all persons directly affected by the proposed ac­tion;

3. An estimate of the impact of the proposed ac­tion on competition and the open market for employ­ment, if applicable; and

4. A detailed statement of the data and method used in making each of the above estimates.

(b) If an economic impact statement is required before an agency takes action on an application or

75

petition by any person, the statement shall be pre­pared within a reasonable time after the application is made or the petition is filed.

(c) Failure to provide an adequate statement of economic impact is grounds for holding the rule in­valid; however, beginning October 1, 1978, no rule shall be declared invalid for want of an adequate statement of. economic impact unless the issue is raised in an administrative or judicial proceeding within 1 year of the effective date of the rule to which the statement applies.

(3) If the intended action concerns any rule other than one relatii).g exclusively to organization, proce­dl,lre, or practice, the agency shall, on the request of any affected person received within 14-days after the date of publication of the notice, give affected per­sons an opportunity to present e,vidence and argu­ment on all issues under consideration appropriate to inform it of their contentions. Prisoners, as de­fined in s. 944.02(5), may be.limited .by the Depart­ment of Corrections to an opportunity to submit written statements concerning intended action on any department rule. The agency may schedule a public hearing on the rule and, if requested by any affected person, shall schedule a public hearing on the rule. Any material pertinent to the issues under consideration submitted to the agency within 14 days after the date of publication of the notice shall be considered by the agency and made a part of the record of the rulemaking proceeding.

(4)(a) Any ·substantially affected person may seek an administrative determination of the invalid­ity of any proposed r1..1le on the ground that the pro­posed rule is an invalid exercise of delegated legisla­tive authority.

(b) The request seeking a determination under this subsection shall be in writing and must be filed with the division within 14 days after the date of publication of the notice. It must state with particu­larity facts sufficient to show that the person chal­lenging the proposed rule would be substantially af­fected by it and facts sufficient to show the invalidity of the proposed rule.

(c) Immediately upon receipt of the petition, the division shall forward copies of the petition to the agency whose rule is challenged, the Department of State, and the committee. Within 10 days after re­ceiving the petition, the division director, if he deter­mines that the petition complies with the above re­quirements, shall assign a hearing officer who shall conduct a hearing within 30 days thereafter, unless the petition is withdrawn. Within 30 days after con­clusion of the hearing, the hearing officer shall render his decision and state the reasons therefor in writing. The division shall forthwith transmit copies of the hearing officer's decision to the Department of State and to the committee. The hearing officer may declare the proposed rule wholly or partly invalid. The proposed rule or provision of a proposed rule declared invalid shall be withdrawn from the com­mittee by the adopting agency and shall not be adopted. No rule shall be filed for adoption until 21 days after the notice required by subsection (1) or until the hearing officer has rendered his decision, as the case may be. However, the agency may pro­ceed with all other steps in the rulemaking process.

s. 120.54 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 120.54

In the event part of a proposed rule is declared in­valid, the adopting agency may, in its sole discretion, withdraw the proposed rule in its entirety. The agen­cy whose proposed rule has been declared invalid in whole or part shall give notice of the decision in the first available issue of the Florida Administrative Weekly.

(d) Hearings held under this provision shall be conducted in the same manner as provided in s. 120.57 except that the hearing officer's order shall be final agency action. The agency proposing the rule and the person requesting the hearing shall be adversary parties. Other substantially affected per­sons may join the proceeding as parties or interven­ors on appropriate terms which will not substantial­ly delay the proceedings. Fail~re to proceed under this subsection shall not constitute failure to ex­haust administrative remedies.

(5) Any person regulated by an agency or having a substantial interest in an agency rule may petition an agency to adopt, amend, or repeal a rule or to provide the minimum public information required by s. 120.53. The petition shall specify the proposed rule and action requested. Not later than 30 calen­dar days after the date of filing a petition, the agency shall initiate rulemaking proceedings under this act, otherwise comply with the requested action, or deny the petition with a written statement of its reasons for the denial.

(6) In rulemaking proceedings, the agency may recognize any material which may be judicially no­ticed, and it may provide that materials so recog­nized shall be incorporated into the record of the proceeding. Before the record ·or any proceeding is completed, all parties shall be provided a list of such materials and given a reasonable opportunity to ex­amine them and offer written comments thereon or written rebuttal thereto.

(7) Each rule adopted shall be accompanied by a reference to the specific rulemaking authority pur­suant to which the rule was adopted and a reference to the section or subsection of the Florida Statutes or the Laws of Florida being implemented, interpreted, or made specific.

(8) Each rule adopted shall contain only one sub­ject and shall be preceded by a concise statement of the purpose of the rule and reference to the rules repealed or amended, which statement need not be printed in the Florida Administrative Code. No rule shall be amended by reference only. Amendments shall set out the amended rule in full in the same manner as required by the constitution for laws.

(9)(a) If an agency finds that an immediate dan­ger to the public health, safety, or welfare requires emergency action, the agency may adopt any rule necessitated by the immediate danger by any proce­dure which is fair under the circumstances and nec­essary to protect the public interest, provided that:

1. The procedure provides at least the procedural protection given by other statutes, the Florida Con­stitution, or the United States Constitution.

2. The agency takes only that action necessary to protect the public interest under the emergency pro­cedure.

3. The agency publishes in writing at the time of, or prior to, its action the specific facts and reasons

76

for finding an immediate danger to the public health, safety, or welfare and its reasons for conclud­ing that the procedure used is fair under the circum­stances. In any event, notice of emergency rules, oth­er than those of educational units or units of govern­ment with jurisdiction in only one county or a part thereof, shall be published in the first available issue of the Florida Administrative Weekly. The agency's findings of immediate danger, necessity, and proce­dural fairness shall be judicially reviewable.

(b) Rules pertaining to the public health, safety, or welfare shall include, but not be limited to, those rules pertaining to perishable agricultural commodi-ties. ·

(c) An emergency rule adopted under this subsec­tion may not be effective for a period longer than 90 days and shall not be renewable. However, the agen­cy may take identical action by normal rulemaking procedures.

(d) Subject to applicable constitutional and stat­utory provisions, an emergency rule becomes effec­tive immediately on filing, or at a date less than 20 days thereafter if specified in the rule, if the adopt­ing agency finds that such effective date is necessary because of immediate danger to the public health, safety, or welfare.

(10) The Administration Commission shall pro­mulgate one or more sets of model rules of procedure which shall be reviewed by the committee and filed with the Department of State. On filing with the department, the appropriate model rules shall be the rules of procedure for each agency subject to this act to the extent that each agency does not adopt a specific rule of.procedure covering the subject mat­ter contained in the model rules applicable to that agency. An agency may seek modification of the model rules of procedure to the extent necessary to conform to any requirement imposed as a condition precedent to receipt of federal funds or permit per­sons in this state to receive tax benefits under feder­al law or as required for the most efficient operation of the agency as determined by the Administration Commission. The reasons for the modification shall be published in the Florida Administrative Weekly. Agency rules adopted to comply with ss. 120.53 and 120.565 must be in substantial compliance with the model rules.

(ll)(a) The adopting agency shall file with the committee, at least 21 days prior to the proposed adoption date, a copy of each rule it proposes to adopt, a detailed written statement of the facts and circumstances justifying the proposed rule, a copy of the estimate of economic impact required by subsec­tion (1), a statement of the extent to which the pro­posed rule establishes standards more restrictive than federal standards or a statement that the pro­posed rule is no more restrictive than federal stand­ards or that a federal rule on the same subject does not exist, and the notice required by subsection (1). After the final public hearing on the proposed rule, or after the time for requesting a hearing has ex­pired, the adopting agency shall file any changes in the proposed rule and the reasons therefor with the committee or advise the committee that there are no changes. In addition, when any change is made in a proposed rule other than a technical change, the

s. 120.54 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 120.545

adopting agency shall provide a detailed statement of such change by certified mail or actual delivery to any person who requests it in writing at the public hearing. The agency shall file the change with the committee, and provide the statement of change to persons requesting it, at least 7 days prior to filing the rule for adoption. Educational units, other than units of the State University System, and local units of government with jurisdiction in only one county or part thereof shall not be required to make filings with the committee. This paragraph shall not apply to emergency rules adopted pursuant to subsection (9). However, agencies, other than those listed here­in, adopting emergency rules shall file a copy of each emergency rule with the committee.

(b) .If the adopting agency is required to publish its rules in the Florida Administrative Code, it shall file with the Department of State three certified cop­ies of the rule it proposes to adopt, a summary of the rule, a summary of any hearings held on the rule, and a detailed written statement of the facts and circumstances justifying the rule. Agencies not re­quired to publish their rules in the Florida Adminis­trative Code shall file one certified copy of the pro­posed rule, and the other material required above, in the office of the agency head, and such rules shall be open to the public pursuant to s. 120.53(2). Filings shall be made not less than 21 days or more than 90 days after the notice required by subsection (1), if no public hearing is held. If a public hearing is held, the adopting agency shall file within 21 days after re­ceipt of all material authorized to be submitted at the hearing or after receipt of the transcript, if one is made, whichever is later. If a public hearing is held and no material is authorized to be submitted and no transcript is made, filings shall be made not less than 21 days or more than 90 days after the notice required in subsection (1). At the time a rule is filed, the agency shall certify that the time limita­tions prescribed by this subsection have been com­plied with and that there is no administrative deter­mination pending on the rule. The department shall reject any rule not filed within the prescribed time limits or upon which an administrative determina­tion is pending.

(12)(a) The proposed rule shall be adopted on be­ing filed with the Department of State and become effective 20 days after being filed, on a later date specified in the rule, or on a date required by statute. Rules not required to be filed with the Department of State shall become effective when adopted by the agency head or on a later date specified by rule or statute.

(b) After the notice required in subsection (1) and prior to adoption, the agency may withdraw the rule in whole or in part or may make such changes in the rule as are supported by the record of public hear­ings held on the rule, technical changes which do not affect the substance of the rule, changes in response to written material relating to the rule received by the agency within 14 days after the notice and made a part of the record of the proceeding, or changes in response to a proposed objection by the committee.

\ After adoption and before the effective date, a rule "may be modified or withdrawn only in response to an objection by the committee or .may be modified to

77

extend the effective date by not more than 60 days when the committee has notified the agency that an objection to the rule is being considered. The agency shall give notice of its decision to withdraw or modify a rule in the first available issue of the publication in which the original notice of rulemaking was pub­lished and shall notify the Department of State if the rule is required to be filed with the Department of State. After a rule has become effective, it may be repealed or amended only through regular rulemak­ing procedures.

(13) If the committee disapproves a proposed rule and the agency does not modify the rule, the commit­tee shall file with the Department of State a notice of the disapproval detailing with particularity its objection to the rule. The Department of State shall publish this notice in. the Florida Administrative Weekly and shall publish, as a history note to the rule when it is published in the Florida Administra­tive Code, a reference to the committee's disapproval and to the issue of the Weekly in which the full text thereof appears.

(14) No agency has inherent rulemaking author­ity; nor has any agency authority to establish penal­ties for violation of a rule unless the Legislature, when establishing a penalty, specifically provides that the penalty applies to rules. However, an agen­cy may adopt rules necessary to the proper imple­mentation of a statute prior to the effective date of the statute, but the rules may not be enforced until the statute upon which they are based is effective.

(15) The rulemaking provisions of this chapter shall not apply to compensation appeals referees.

(16) Rulemaking proceedings shall be governed solely by the provisions of this section unless a per­son timely asserts that his substantial interests will be affected in the proceeding and affirmatively dem­onstrates to the agency that the proceeding does not provide adequate opportunity to protect those inter­ests. If the agency determines that the rulemaking proceeding is not adequate to protect his interests, it shall suspend the rulemaking proceeding and con­vene a separate proceeding under the provisions of s. 120.57. Similarly situated persons may be request­ed to join and participate in the separate proceeding. Upon conclusion of the separate proceeding, the rulemaking proceeding shall be resumed.

History.-s. 1, ch. 74-310; s. 3, ch. 75-191; s. 3, ch. 76-131; ss. 1, 2, ch. 76-276; s. 1, ch. 77-174; s. 13, ch. 77-290; s. 3, ch. 77-453; s. 2, ch. 78-28; s. 2, ch. 78-425; s. 7, ch. 79-3; s. 3, ch. 79-299; s. 69, ch. 79-400; s. 5, ch. 80-391. cf.-s. 403.8055 Department adoption of federal standards.

120.545 Committee review of agency rules.­(1) As a legislative check on legislatively created

authority, the committee shall examine each pro­posed rule, except for those proposed rules exempted by s. 120.54(11)(a), and its accompanying material, and may examine any existing rule, for the purpose of determining whether:

(a) The rule is within the statutory authority upon which it is based;

(b) The statutory authority for the rule has been repealed;

(c) The rule reiterates or paraphrases statutory material;

(d) The rule is in proper form; and (e) The notice given prior to its adoption was suf­

ficient to give adequate notice of the purpose and

s. 120,545 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 120.55

effect of the rule.

If the committee objects to a proposed or existing rule, it shall, within 5 days of the objection, certify that fact to the agency whose rule has been exam­ined and include with the certification a statement detailing its objections with particularity.

(2) Within 30 days of receipt of the objection, if the agency is headed by an individual, or within 45 days of receipt of the objection, ifthe agency is head­ed by a collegial body, the agency shall:

(a) If the rule is. a proposed rule: 1. Modify the rule to meet the committee's objec-

tion; 2. Withdraw the rule in its entirety; or 3. Refuse to modify or withdraw the rule. (b) If the rule is an existing rule: 1. Notify the committee that it has elected to

amend the rule to meet the committee's objection and initiate the amendment procedure;

2. Notify the committee that it has elected to repeal the rule and initiate the repeal procedure; or

3. Notify the committee that it refuses to amend or repeal the rule.

(3) If the agency elects to modify a proposed rule to meet the committee's objection, it shall make only such modifications as are necessary to meet the ob­jection and shall resubmit the rule to the committee. The agency shall give notice of its election to modify a proposed rule to meet the committee's objection in the first available issue of the Florida Administra­tive Weekly, but shall not be required to condur::t a public hearing. If the agency elects to amend an ex­isting rule to meet the committee's objection, it shall notify the committee in writing and shall initiate the amendment procedure by giving notice in the next available issue of the Florida Administrative Week­ly. The committee shall give priority to rules so mod­ified or amended when setting its agenda.

(4) If the agency elects to withdraw a proposed rule as a result of a committee objection, it shall notify the committee, in writing, of its election and shall give notice of the withdrawal in the next avail­able issue of the Florida Administrative Weekly. The rule shall be withdrawn without a public hearing, effective upon publication of the notice in the Flori­da Administrative Weekly. If the agency elects to repeal an existing rule as a result of a committee objection, it shall· notify the committee, in writing, of its election and shall initiate rulemaking procedures for that purpose by giving notice in the next availa­ble issue of the Florida Administrative Weekly.

(5) If an agency elects to amend or repeal an ex­isting rule as a result of a committee objection, it shall complete the process within 90 days after giv­ing notice in the Florida Administrative Weekly.

(6) Failure of the agency to respond to a commit­tee objection to a proposed rule within the time pre­scribed in subsection (2) shall constitute withdrawal of the rule in its entirety. In this event, the commit­tee shall notify the Department of State that the agency, by its failure to respond to a committee ob­jection, has elected to withdraw the proposed rule. Upon receipt of the committee's notice, the Depart­ment of State shall publish a notice to that effect in the next available issue of the Florida Administra-

tive Weekly. Upon publication of the notice, the pro­posed rule shall be stricken from the files of the Department of State and the files of the agency.

(7) Failure of the agency to respond to a commit­tee objection to an existing rule within the time pre­scribed in subsection (2) shall constitute a refusal to repeal the nile. .

(8) If the committee objects to a proposed or. exist­ing rule and the agency refuses to modify, amend, withdraw, or repeal the rule, the committee shall file with the Department of State a notice of the objec~ tion, detailing with particularity its objection to the rule. The Department of State shall publish this no­tice in the Florida Administrative Weekly and shall publish, as a history note to the rule in the Florida Administrative Code, a reference to the committee's objection and to the issue ofthe Weekly in which the full text thereof appears.

History.-s. 4, ch. 76-131; s. 1, ch. 7.7-174; s. 6, ch. 80-391.

120.55 Publication.-(!) The Department ,of State shall: (a) Publish in a permanent compilation entitled

"Florida Administrative Code" all rules adopted by each agency, citing the specific rulemaking authori­ty pursuant to which each rule was adopted, all his~ tory notes as authorized in s. 120.545(8), and com­plete indexes to all rules contained in the code. Sup­plementation s_hall be made as often as practicable, but at lea:st monthly. Rules general in form but ap­plicable to only one school district, community col­lege district, or county, or a part thereof, or to the Florida School for the Deaf and the Blind and uni­versity rules relating to internal per:;;onnel or busi­ness and finance shall not be published in the Flori­da Administrative Code. Exclusion from publication in the Florida Administrative Code shal) not affect their validity 9r effectiveness. The department shall publish, at the beginning of the section of the code dealing with an agency that files copies of its rules with the department, a summary or listing of' all rules of said agency excluded from publication in the code and a statement as to where said rules may be inspected or examined. The department shall also publish, at the beginning of the section of the· code dealing with an agency, any exemptions granted that agency pursuant to s. 120.63, including the ter­mination date of the exemption and a statement whether the exemption can be renewed pursuant to s. 120.63(2)(b). The department shall, by July 1, 1981, contract with a publishing firm for the publication, in a timely and useful form, of the Florida Adminis­trative Code; however, the department shall retain responsibility for the code as provided in this section. This publication shall be the official compilation of the administrative rules of Florida.

78

'(b). .Publish a weekly publication · entitled the "Florida Administrative Weekly," which shall con-tain: .

1. Notice of adoption of, and an index to, all rules filed during the preceding week. .

2. All hearing notices required by s. 120.54(1), showing the time, place, and date of the hearings and the text of all rules proposed for consideration or a reference to the location in the Florida Adminis­trative Weekly where the text of the proposed rules is published.

s. 120.55 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 120.57

3. All notices of meetings, hearings, and work­shops conducted in accordance with the provisions of s. 120.53(1)(d), including a statement of the manner in which a copy of the agenda may be obtained.

4. A notice of each request for authorization to amend or repeal an existing model rule or for the adoption of new model rules.

5. A notice of each request for exemption from any provision of this chapter.

6. Notice of petitions for declaratory statements or administrative determinations.

7. A summary of each objection to any rule filed by the Administrative Procedures Committee dur­ing the preceding week.

8. Any other material required or authorized by law or deemed useful by the department.

The department . may contract with a publishing firm for publication of the Florida Administrative Weekly.

(c) Prescribe by rule the style and form required for rules submitted for filing and establish the form for their certification. ·

(d) Correct grammatical, typographical, and like errors not affecting the construction or meaning of the rules, after having obtained the advice and con­sent of the appropriate agency, and insert history notes.

' (e) Make copies of the Florida Administrative Weekly available on an annual subscription basis computed to cover a pro rata share of 50 percent of the costs related to the publication of the Florida Administrative Weekly.

' (f) Charge each agency using the Florida Admin­istrative Weekly a space rate computed to cover a pro rata share of 50 percent of the costs related to the Florida Administrative Weekly.

'(2) Each agency shall print or distribute copies of its rules, citing the specific rulemaking authority pursuant to which each rule was adopted.

(3)(a) The Department of State shall furnish the Florida Administrative Code and the Florida Ad­ministrative Weekly, without charge and upon re­quest, as follows:

1. One set to each federal and state court having jurisdiction over the residents of the state; each Flor­ida senator, congressman, and state legislator; the Legislative Library; each state university library; the State Library; and each standing committee of

· the Senate and House of Representatives. 2. Two sets to each state department. 3. Three sets to the library of the Supreme Court

of Florida, the library of each state district court of appeal, the division, the .library of the Attorney Gen­eral, each law school library in Florida, the Secre­tary of the Senate, and the Clerk of the House.

4. Ten sets to the committee. (b) The Department of State shall furnish one

copy of. the Florida Administrative Weekly, at no cost, to the depository libraries of the Florida State Library, each clerk of the circuit court, and each state department, for posting for public inspection.

(4)(a) There is hereby created in the State Treas­ury a revolving fund to be known as the Department of State's "Publication Revolving Trust Fund."

(b) All fees and moneys collected by the Depart-

79

ment of State under this chapter shall be deposited in the revolving trust fund for the purpose of paying for the publication and distribution of the Florida Administrative Code and the Florida Administra­tive Weekly and for associated costs incurred by the department in carrying out this chapter.

(c) The unencumbered balance in the revolving trust fund at the beginning of each fiscal year shall not exceed $100,000, and any excess shall be trans­ferred to the General Revenue Fund.

(d) It is the intent of the Legislature that the Florida Administrative Weekly be supported entire­ly from funds collected for subscriptions to and ad­vertisements in the Florida Administrative Weekly. To that end, the Department of State is authorized to add a surcharge of 10 percent to any charge relat­ing to. the Florida Administrative Weekly until such time as the Publication Revolving Trust Fund has transferred to the General Revenue Fund an amount equal to all funds appropriated to the trust fund .

History.-s. 1, ch . 74·310; s. 1, ch. 75-107; s. 4, ch.·75·191; s. 5, ch. 76·131; s. 1, ch . 77·174; s. 4, ch. 77·453; s. 3, ch. 78-425; s. 4, ch . 79·299; s. 7, ch. 80.391.

'Note.-As a mended, effect ive ·J uly 1, 1981.

· 120.57 Decisions which affect substantial in· terests.-The provisions of this section shall apply in all proceedings in which the substantial interests of a party are determined by an agency. Unless waived by all parties, subsection (1) shall apply whenever the proceeding involves a disputed issue of material fact. Unless otherwise agreed, subsection (2) shall apply in all other cases.

(1) FORMAL PROCEEDINGS.-(a) A hearing officer assigned by the division

shall conduct all hearings under this subsection, ex­cept for:

l. Hearings before agency heads or a member thereof other than an agency head or a member of an agency head within the 'Department of Profes­sional and Occupational Regulation;

2 2. Hearings before the Unemployment Appeals Commission in unemployment compensation ap­peals, unemployment compensation appeals refer­ees, and special deputies pursuant to s. 443.141;

3. Hearings regarding drivers' .licensing pursu­ant to chapter 322;

4. Hearings conducted within the Department of Health and Rehabilitative Services in the execution of those social and economic programs administered by. the former Division of Family Services of said department prior to the reorganization effected by chapter 75-48, Laws of Florida;

5. Hearings in which the division is a party, iri which case an attorney, assigned by the Administra­tion Commission shall be the hearing officer;

6. Hearings which involve student disciplinary suspensions or expulsions and which are conducted by educational units;

7. Hearings of the Public Employees Relations Commission in which a determination is made of the appropriateness of the bargaining unit, as provided in s. 447.307; and

8. Hearings held by the Department of Agricul­ture and Consumer Services pursuant to chapter 601.

(b) In cases to which this subsection is applicable,

s. 120.57 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 120.57

the following procedures shall apply: 1. Requests for hearings shall be granted or de­

nied within 15 days of receipt. 2. All parties shall be afforded an opportunity for

a hearing after reasonable notice of not less than 14 days; however, the 14-day notice requirement may be waived with the consent of all parties. In prelimi­nary hearings for the revocation of parole, no less than 7 days' notice shall be given. In parole revoca­tion hearings pursuant toss. 949.10 and 949.11, rea­sonable notice of not less than 5 days shall be given. In hearings involving student disciplinary suspen­sions or expulsions conducted by educational units, the 14-day notice requirement may be waived by the agency head or the hearing officer without the con­sent of the parties. The notice .shall include:

a. A statement of the time, place, and nature of the hearing.

b. A statement of the legal authority and juris­diction under which the hearing is to be held.

c. A reference to the particular sections of the statutes and rules involved.

d. A short and plain statement of the matters asserted by the agency and by all parties of record at the time notice is given. If the agency or any party is unable to state the matters in sufficient detail at the time initial notice is given, the notice may be limited to a statement of. the issues involved, and thereafter, upon timely written application, a more definite and detailed statement shall be furnished not less than 3 days prior to the date set for the hearing.

3. Except for proceedings conducted as pre­scribed in s. 120.54(4) or s. 120.56, all petitions or requests for hearings under this section shall be filed with the agency. If the agency elects to request a hearing officer from the division, it shall notify the division within 10 days of receipt of the petition or request, requesting the assignment of a hearing of­ficer and, with the concurrence of the division, set the time, date, and place of the hearing. On request of any agency, the division shall assign hearing offi­cers with due regard to the expertise required for the particular matter. Any party may request the dis­qualification of any hearing officer by filing an affi­davit with the division prior to the taking of evidence at a hearing, stating the grounds with particularity.

4. All parties shall have an opportunity to re­spond, to present evidence and argument on all is­sues involved, to conduct cross-examination and sub­mit rebuttal evidence, to submit proposed findings of facts and orders, to file exceptions to any order or hearing officer's recommended order, and to be rep­resented by counsel. When appropriate, the general public may be given an opportunity to present oral or written communications. If the agency proposes to consider such material, then all parties shall be given an opportunity to cross-examine or challenge or rebut it.

5. The record in cases governed by this subsec­tion shall consist only of:

a. All notices, pleadings, motions, and intermedi-ate rulings;

b. Evidence received or considered; c. A statement of matters officially recognized; d. Questions and proffers of proof and objections

80

and rulings thereon; e. Proposed findings and exceptions; f Any decision, opinion, proposed or recom­

mended order, or report by the officerpresiding at the hearing;

g. All staff memoranda or data submitted to the hearing officer during the hearing or prior to its disposition, after notice of the submission to all par­ties, except communications by advisory staff as per­mitted under s. 120.66(1), if.such communications are public records;

h. All matters placed on the record after an ex parte communication pursuant to s. 120.66(2); and

i. The official transcript. 6. The agency shall accurately and completely

preserve all testimony in the proceeding, and, on the request of any party, it shall make a full or partial transcript available at no more than actual cost.

7. Findings of fact shall be based exclusively on the evidence of record and on matters officially rec­ognized.

8. Except as provided in subparagraph 12., the hearing officer shall complete and submit to the agency and all parties a recommended order consist­ing of his findings of fact, conclusions oflaw, inter­pretation of administrative rules, recommended penalty, if applicable, and any other information re­quired by law or agency rule to be contained in the final order. The agency shall allow each party at least 10 days in which to submit written exceptions to the recommended order.

9. The agency may adopt the recommended or­der as the agency's final order. The agency in its final order may reject or modify the conclusions of law and interpretation of administrative rules in the recommended order, but may not reject or modify the findings of fact unless the agency first deter­mines from a review of the complete record, and states with particularity in the order, that the find­ings of fact were not based upon competent substan­tial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law. The agency may accept or re­duce the recommended penalty in a recommended order, but may not increase it without a review of the complete record. In the event a court reverses an agency's order, the court in its discretion may award attorney's fees and costs to the aggrieved prevailing party.

10. If the hearing officer assigned to a hearing becomes unavailable, the division shall assign anoth­er hearing officer who shall use any existing record and receive any additional evidence or argument, if any, which the new hearing officer finds necessary.

11. A hearing officer who is a member of an agen­cy head may participate in the formulation of the agency's final order, provided he has completed all his duties as hearing officer.

12. In applications for a license or mergers pur­suant to title XXXVII or title XXXVIII which are referred by the agency to the division for hearing pursuant to this section, the hearing officer shall complete and submit to the agency and to all parties a written report consisting of findings of fact and rulings on evidentiary matters. The agency shall al­low each party at least 10 days in which to submit

s. 120.57 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 121.021

written exceptions to the report. (2) INFORMAL PROCEEDINGS.-In cases to

which subsection (1) does not apply: (a) The agency shall, in accordance with its rules

of procedure: 1. Give reasonable notice to affected persons or

parties of the agency's action, whether proposed or already taken, or of its decision to refuse action, to­gether with a summary of the factual, legal, and policy grounds therefor.

2 . . Give affected persons or parties or their coun­sel an opportunity, at a convenient time· and place, to present to the agency or hearing officer written or oral evidence in opposition to the agency's action or refusal to act, or a written: statement challenging the grounds upon which the agency has chosen to justify its action or inaction.

3. If the objections of the persons or parties are overruled, provide a written explanation within 7 days.

(b) The record shall only consist of: 1. The notice and summary of grounds; 2. Evidence received or considered; 3. All written statements submitted by persons

and parties; 4. Any decision overruling objections; 5. All matters placed on the record after an ex

parte communication pursuant to s. 120.66(2); and 6. The official transcript. (3) Unless precluded by law, informal disposition

may be made of any proceeding by stipulation, agreed settlement, or consent order. ·

(4) This section shall not apply to agency investi­gations preliminary to agency action.

History.-s. 1, ch. 74-310; s. 7, ch. 75-191; s. 8, ch. 76-131; s. 1, ch. 77-174; s. 5, ch. 77-453; ss. 6, 11, ch. 78-95; s. 6, ch. 78-425; s. 8, ch. 79-7; s. 7, ch. 80-95; s. 4, ch. 80-289.

'Note.-See s. 2, ch. 79-36, which changed the name of the Department of Professional and Occupational Regulation to Department of Professional Reg­ulation. 'Note.-As amended by ch. 80-95, effective January. !, 1981.

CHAPTER 121

FLORIDA RETIREMENT SYSTEM

121.021 121.051 121.052

121.081 121.091 121.101 12i.121

121.141 . 121.1815

Definitions. Participation in the system. Membership class of certain elected state

officers. Past service; prior service; contributions. Benefits payable under the system. Cost-of-living adjustment of benefits. Future service to include authorized

leaves of absence. . Appropriation. Special pensions to individuals; adminis­

tration of laws by Department of Ad­ministration.

121.021 Definitions.-The following words and phrases as used in this chapter have the respective meanings set forth unless a different meaning is plainly required by the context:

(1) The masculine pronoun whenever used m

81

this chapter shall include the feminine. (2) "Existing systems" means the State and

County Officers and Employees' Retirement System, the retirement system for school teachers, and the highway patrol pensions and pension trust fund, which are consolidated in s. 121.011(2). On and after July 1, 1972, the term "existing systems" shall also include the retirement system for justices and judges established by chapter 123 and as consolidated with the Florida Retirement System in s. 121.046.

(3) "System" means the general retirement sys­tem established by this chapter to be known and cited as the "Florida Retirement System."

(4) "Division" means the Division of Retirement of the Department of Administration.

(5) "Administrator" means the director of the Di­vision of Retirement.

(6) "Actuary" or "state retirement actuary" means a fellow of the Society of Actuaries or a mem­ber of the American Academy of Actuaries or an organization of which one or more members is a fel­low of the Society of Actuaries or a member of the American Academy of Actuaries or both.

(7) "City" rrieans any municipality duly incorpo­rated under the laws ofthe state, if such municipal­ity is eligible to participate under chapter 210 (tax on cigarettes).

(8) "Unit" means any department, division, or subdivision of a city or any classification of city em­ployees approved for social. security coverage, as such, by the United States Department of Health, Education, and Welfare, not based on age, sex, or other classification resulting in higher than average costs for retirement benefits.

(9) "Special district" means an autonomous dis­trict or public body created by or pursuant to an act of the Legislature.

(10) "Employer" means any agency, branch, de­partment, institution, university, institution ofhigh­er education, or board of the state, or any county agency, branch, department, board, district school board, or special district of the state, or any city of the state which participates in the system for the benefit of certain of its employees.

(11) "Officer or employee" means any person re­ceiving salary payments for work performed in a regularly established position and, if employed by a city or special district, employed in a covered g-roup.

(12) "Member" means any officer or employee who is covered or who becomes covered under this system in accordance with this chapter. On and after December 1, 1970, all new members and those mem­bers transferring from existing systems shall be di­vided into two classes: "special risk members" (spe­cial risk officers or employees) and "regular mem­bers" (other than special risk officers or employees).

(13) "Disability in line of duty" means an injury or illness arising out of and in the actual perform­ance of duty required by a member's employment during his regularly scheduled working hours or ir­regular working hours as required by the employer. The administrator may require such proof as he deems necessary as to the time, date, and cause of any such injury or illness, including evidence from any available witnesses. Workers' compensation

s. 121.021 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 121.021

records under the provisions of chapter 440 may also be used.

(14) "DE;lath in line of duty" means death arising out of and in the actual performance of duty re­quired by a member's employment during his regu­larly scheduled working hours or irregular working hours. as required by the employer. The administra­tor may require such proof as P.e deems necessary as to the time, date, and cause of death, including evi­dence from any available witnesses. Workers' com­pensation records under the provisions of chapter 440 may also be used. ·

(15)(a) Until October 1, 1978, "special risk mem­ber" means any officer or employee whose applica­tion is approved by the administrator and who re­ceives salary payments for work performed as a peace officer; law enforcement officer; policeman; highway patrolman; custod~al employee at a correc­tional or detention facility; correctional agency em­ployee whose duties and responsibilities involve di­rect contact with inmates, but excluding secretarial and clerical employees; fireman; or an employee in any other job in the field oflaw enforcement or fire protection if the duties of such person are certified as hazardous by his employer.

(b) Effective October 1, 1978, "special risk mem­ber" means a member of the Florida Retirement Sys­tem who is designated as a special risk member by the division in accordance with s. 121.0515. Such member must be employed as a law enforcement officer, a firefighter, or a correctional officer and musfmeet certain other special criteria as set forth in s. 121.0515.

(16) "Date of participation" means the date on which the officer or employee becomes a member.

(17) "Creditable service" of any member means the sum of his past service, prior service, military service, workers' compensation credit, and future service allowed within the provisions ofthi:;; chapter if all required contributions have been paid and all other requirements of this chapter have been met. However, in no case shall a member receive ·credit for more than a year's service during any 12-month period. Service as applied to a teacher or a nonaca­demic employee of a school board shall bE;! based on contract years of employment or school term years of employment, as provided in chapters 122 and 238, rather than 12-month periods of employment. For the purpose of this chapter, "creditable service" shall include the period from November 1972 to Jan­uary 1973 which would have been served by an elect­ed county commissioner but for the enactment of chapter 67-510, Laws of Florida, if the inclusion of such period would provide any person affected with sufficient creditable service to qualify for retirement benefits pursuant to this chapter.

(18) "Past service" of any member means the number of years and complete months and any frac­tional part of a month, recognized and credited by an employer and approved by the administrator, during which he was in the active employ of an employer prior to his date of participation.

(19) · "Prior service" under this chapter means: (a) Service for which the member had credit un­

der one of the existing systems and received a refund of his contributions upon termination of employ-

82

ment. Prior service shall also include that service between December 1, 1970, and the date the system becomes noncontributory for which the member had credit under the Florida Retirement System and re­ceived a refund of his contributions upon termina­tion of employment. After the date the Florida Re­tirement System becomes noncontributory, prior service shall also include that service for which the member had credit under the noncontributory provi­sions upon termination of employment.

(b) Service prior to an employee's membership in the Florida Retirement System with an employer, either before or during the employer's participation in an existing system. The word "service'! as used in this paragraph and · paragraph (c) means employ­ment service which, at the time it is claimed as prior service, satisfies the requirements for a regularly established position, as defined by rules of the Flori­da Retirement System.

(c) Service as described in paragraph (b) for which no contributions were made due to the fact that the employee made a written rejection of an existing system. If such person withdraws his rejec­tion, he may purchase retirement credit for all his service during the period of rejection. Any govern­mental entity may contribute up to 50 percent of the amount required to purchase any prior service un­der paragraph (b) and this paragraph.

(20) "Military service" of any member means ac­tual "wartime service" in the Armed Forces of the United States, as defined by the Veterans Adminis­tration, or ·"wartime service" in the Allied Forces, not to exceed 4 years, if credit for such service has not been granted under any other federal or state system, and provided such service is not used in any other retirement system, as provided in s. 121.111.

(21) "Future service" of any member means ser­vice subsequent to date ·of the member's p~rticipa­tion and may include authorized leaves of absence as provided in s. 121.121.

(22) "Compensation" means the monthly salary paid a member, including overtime-payments and bonuses paid from a salary fund, as reported by the employer on the wage and tax statement (Internal Revenue Service form W-2) or any similar form. When a member's compensation is derived from fees set by statute, compensation shall be the total cash remuneration received from such fees. Under no cir­cumstances shall compensation include fees paid professional persons for special or particular ser-vices. ,

(23) "Annual compensation" means the total compensation paid a member during a year. A "year" is 12 continuous months.

(24) "Average final compensation" means the ·av­erage annual comp~nsation of the 5 best years of the last 10 years of creditable service prior to retire­ment, termination, or death. However, if requested by the member, "average final compensation" means the 5 best years of the member's total years of creditable service prior _to retirement, termina­tion, or death. For disability benefits, "average final compensation" means the average annual compen­sation ofthe total number of years of creditable ser­vice, not to exceed 5 ifless than 10 years ofcreqitable service have been completed. However,-a member of

s. 121.021 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 121.021

the Legislature may use the average of the 5 years of highest compensation out of the last 10 years of creditable service prior to becoming a member of the Legislature. Each 'year used in the calculation of av­erage final compensation shall commence on an an­nual calendar anniversary of the date of determina­tion of such average final compensation. The pay­ment for accumulated sick leave, whether paid as salary or otherwise, shall not be used in the calcula­tion of the average final compensation.

(25) "Average monthly compensation" means one-twelfth of average final compensation.

(26) "Accumulated contributions" means the sum of: . .

(a) A member's contributions, without interest, subsequent to December 1, 1970; and · (b) The single sum amount the member would have received if he was covered by an existing sys­tem prior to December 1, 1970, and had terminated membership in such system on November 30, 1970, subject to reduction on account of benefit payments as provided under certain options.

(27) "Pension" means monthly payments to are­tiree derived as provided in this chapter.

(28) "Beneficiary" means any person in receipt of a pension or other benefit as provided by this chapter.

(29) "Normal retirement date" means the first day of any month following the date a member at­taihs one of the following statuses: ·. (a). Completes 10 or more years of creditable ser­vice and attains age 62;

(b) Completes 30 years of creditable service, which may include a maximum of 4 years of military service credit, so long as such credit is not claimed under any other system, regardless of age; or

(c) If a special risk member: 1. Completes 10 or more years of creditable ser­

vice and attains age 55; 2. Completes 25 continuous years of creditable

service, regardless of age; or · 3. Completes 25 years of creditable service,

which may include a maximum of 4 years of military service credit, and attains age 52.

"Normal retirement age" is attained on the "normal retirement date."

(30) "Early retirement date" means the first day of the month following the date a member completes 10 years of creditable service and elects to receive retirement benefits in accordance with this chapter. Such benefits shall be based on average monthly compensation and creditable service as of the mem­ber's early retirement date, and the benefit so com­puted shall be reduced ·by five-twelfths of 1 percent for each complete month by which the early retire­ment date precedes his normal retirement date as provided in s. 121.091(3).

(31) "Actuarial equivalent" means a benefit of equal value when computed at regular interest upon the _basis of the mortality tables adopted by the ad­ministrator.

(32) "State agency" means the Division of Retire­ment of the Department of Administration within the provisions and contemplation of chapter 650.

(33) "Agreement" means that certain agreement

83

entered into October 23, 1951, between the State of Florida and the Federal Security Administrator. (Chapter 650 implements the procedure to provide for social security coverage.) .

(34) "Covered gr\)up" means the officers and em­ployees of an employer who become members under this chapter. "Covered group" applies also when the employer is a special district or city for which cover­age under this chapter is applied for by the employer and approved for social security coverage by the United States Secretary of Health, Education, and Welfare and approved by the administrator for membership under this chapter. Members of the 1Municipal Firemen's Pension Trust Fund or the Municipal Police Officers ~ Retirement Trust Fund, established in accordance with chapters 175 and 185, respectively, shall be considered eligible for mem­bership under this chapter only after holding a refer­endum and by affirmative majority vote electing coverage under this chapter.

(35) "Social security coverage" means old-age, survivors, disability, and health insurance, as pro­vided by the federal Social Security Act.

(36) "System Trust Fund" means the trust fund established in the State.Treasury by this chapter for the purpose of holding and investing the contribu­tions paid by members and· employers and paying the benefits to which members or their beneficiaries may become entitled. Other trust funds ' may bees~ tablished in the State Treasury to administer the "System Trust Fund."

(37) "Social Security Trust Fund" means the trust fund established in the State Treasury by this chapter for the purpose of receiving· the contribu­tions paid by members and employers for payment to the Secretary of the Treasury. Other trust funds may be established to administer the "Social Securi­ty Trust Fund."

(38) "Continuous service" means creditable ser­vice as a member, beginning with the first day of employment with. an employer cov.ered under a state-administered retirement system consolidated herein and continuing for as long as the member remains in an employer-employee relationship with an employer covered under this chapter. An absence of 1 calendar month or more from an employer's payroll shall be considered a break in continuous service, except for periods of absence during which an employer-employee relationship continues to ex­ist and such period of abs~nce is creditable under this chapter or under one of the existing systems consolidated herein. A withdrawal of contributions will constitute a break in service. Continuous service shall also include past service purchased under this chapter, provided such service is continuous within this definition and the rules established by the ad­ministrator. The administrator may establish ad­ministrative rules and procedures for applying this definition to creditable service authorized under this chapter.

History.-s. 2, ch, 70-112; s. 1, ch. 72-122; s. 1, ch. 72-347; s. 2, ch. 72-388; s. 2, ch. 73-312; s. 1, ch. 73-326; s. 42, ch. 73-333; s. 2, ch. 74-302; s. 1, ch. 74-328; s. 3, ch. 75-248; s. 1, ch. 76-226; s. 1, ch. 77-174; ss. 1, 4, ch. 77-467; ss. 1, 6, ch. 77-469; s. 1, ch. 78-308; s. 56, ch. 79-40; s. 5, ch. 80-126; s. 3, ch. 80-131; s. 8 , ch. 80-242; s. 1, ch. 80-243.

1Note.-The Municipal Firemen's Pension Trust Fund was renamed the Municipal Firefighters' Pension Trust Fund liy s. 3, ch. 79-380.

s. 121.021 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 121.051

cf.-s. 121.052 Membership class of certain electad stata officers.

121.051 Participation in the system.­(1) COMPULSORY PARTICIPATION.-(a) The provisions of this law shall be compulsory

as to all officers and employees, · except legislators who meet the requirements of s. 121.052(1)(c), who are employed on or after December 1, 1970, of an employer other than those referred to in paragraph (2)(b), and each officer or employee, as a condition of employment, shall become a member of the system as of his date of employment, except that a person who is retired from any state retirement system and is reemployed on or after December 1, 1970, shall not be permitted to renew his membership in any state retirement system except as provided in s. 121.091(4)(e), for a person who recovers from disabili­ty, and s. 121.091(9)(d), for a person who is elected to public office. Officers and employees of the Universi­ty Athletic Association, Inc., a nonprofit association connected with the University of Florida, employed on and after July 1, 1979, shall not participate in any state-supported retirement system.

(b) After June 30, 1978, the compulsory partici­pation provisions of paragraph (a) shall not be con­strued to require participation in the Florida Retire­ment System by a member of an existing system who is reemployed after terminating his employment, or who otherwise interrupts his employment under an existing system, provided he leaves his accumulated contributions on deposit under the existing system. Such member shall continue to have membership in the existing system upon reemployment or resump­tion of employment and shall not be permitted to become a member of the Florida Retirement System, except by transferring to the Florida Retirement System as authorized by paragraph (2)(a) or s. 121.052(1) or by being reemployed after terminating his employment and receiving a refund of his accu­mulated contributions made to the existing system.

(2) OPTIONAL PARTICIPATION.-(a)l. Any officer or employee who is a member of

an existing system, except any officer or employee of any nonprofit professional association or corpora­tion, may elect, if eligible, to become a member of this system at any time between April15, 1971, and June 1, 1971, inclusive, by notifying his employer in writing of his desire to transfer membership from ~he existing system to this system. Any officer or employee who was a member of an existing system on December 1, 1970, and who did not elect to be­come a member of this system shall continue to be covered under the existing system subject to the pro­visions ofs. 121.045. A per~;on who has retired under any state retirement system shall not be eligible to transfer to the Florida Retirement System created by this chapter subsequent to such retirement. Any officer or employee who, prior to July 1, 1947, filed a written rejection of membership in a state retire­ment system and who continues employment with­out participating in the Florida Retirement System may withdraw his rejection in writing and, if other­wise eligible, participate in the Florida Retirement System and purchase prior service in accordance with this chapter. Any former member of an existing system who was permitted to transfer to the Florida Retirement System while employed by the Universi-

84

ty Athletic Association, Inc., a nonprofit association connected with the University of Florida, during this · or subsequent transfer periods, contrary to the pro­visions of this paragraph,. is hereby confirmed as a member of the Florida Retirement System, the pro­visions of this paragraph to the contrary notwith­standing.

2. Any member transferring from the existing system under chapter 238 shall retain his rights to survivor benefits under said chapter through No­vember 30, 1975, or until fully insured for disability benefits under social security, whichever is the earli­est date, and thereafter no such rights shall exist.

3. Any officer or employee who is a member of an existing system on April15, 1972, and who was eligi­ble to transfer to this system under the provisions of subparagraph 1., but who elected to remain in the existing system, may elect, if eligible under the So­cial Security Act, 42 U.S.C. s. 418(d)(6)(F), to become a member of this system at any time between April 15, 1972, and June 30, 1972, inclusive, by notifying his employer in writing of his desire to transfer membership from an existing system to this system. Such transfer shall be subject to the following condi­tions:

. a. All persons electing to transfer to the Florida Retirement System under this subparagraph shall be transferred on July 1, 1972, and shall thereafter be subject to the provisions of the Florida Retire­ment System retroactively · to November 30, 1970, and at retirement have their benefits calculated in accordance with the provisions of s. 121.091. .

b. Social security coverage incidental to such elective membership in the Florida Retirement Sys­tem shall be effective November 30, 1970, and all amounts required from a member-for retroactive so­cial security coverage shall, at the time such election is made, be deducted from the individual account of the member, and the difference between the amount remaining in the individual account of such member and the total amount which such member would have contributed had he become a member of the Florida Retirement System on November 30, 1970, shall be paid into the system trust fund and added to his individual account prior to July 1, 1975, or by his date of retirement, if earlier. Interest at the rate of 8 percent per annum, compounded annually until paid, shall be charged on any balance remaining un­paid on said date.

c. · There is appropriated out of the system trust fund into the Social Security Contribution Trust Fund the amount required by federal laws and regu­lations to be contributed with respect to social secu­rity coverage for the years after November 30, 1970, of the members of an existing system who transfer to the Florida Retirement System in accordance with this subparagraph and who qualify for retroac­tive social security coverage. The amount paid from this appropriation with respect to the employees of any employer shall be charged to the employing agen<:Y· There shall be credited against this charge the d1fference between the matching contributions actually made for the affected employees from No­vember 30, 1970, to June 30, 1972, and the amount of matching contributions that would have been re­quired under the Florida Retirement System.

s. 121.051 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 121.051

d. The net amounts charged the employing agen­cies for employees transferring to the Florida Retire­ment System under this subparagraph shall be paid to the system trust fund prior to July 1, 1975. Inter­est at the rate of 8 percent per annum, compounded annually until paid, shall be charged on any balance remaining unpaid on said date.

e. The administrator shall request such modifi­cation of the state's agreement with the Social Secu­rity Administration, or any referendum required un­der the Social Security Act governing social security coverage, as may be required to implement the pro­visions of this law. Retroactive social security cover­age for service with an employer prior to November 30, 1970, shall not be provided for any member who was not covered under the agreement as of Novem­ber 30, 1970.

4. Any officer or employee who was a member of an existing system on December 1, 1970, and who is still a member of an existing system, except any officer or employee of any nonprofit professional as­sociation or corporation, may elect, if eligible, to be­come a member of this system at any time between September 1, 1974, and November 30, 1974, inclu­sive, by notifying his employer in writing of his de­sire to transfer membership from the existing sys­tem to this system. This decision to transfer or not to transfer shall become irrevocable on November 30, 197 4. All members electing to transfer during the transfer period shall become members of the Florida Retirement System on January 1, 1975, and shall be subject to the provisions ofthe Florida Retirement Syste~ on and after that date. Any officer or em­ployee who was a member of an existing system on December 1, 1970, and who does not elect to become a member of this system shall continue to be covered under the existing system, subject to the provisions of s. 121.045. Any member transferring from the Teachers' Retirement System of Florida under chap­ter 238 to the Florida Retirement System on Janu­ary 1, 1975, shall retain his rights to survivor bene­fits under chapter 238 from January 1, 1975, through December 31, 1979, or until fully insured for disability benefits under the Social Security Act, whichever is the earliest date, and thereafter no such rights shall exist.

5.a. Any officer or employee who was a member of an existing system on December 1, 1970, and who is still a member of an existing system, except any officer or employee of any nonprofit professional as­sociation or corporation, may elect, if eligible, to be­come a member of this system at any time between January 2, 1982, and May 31, 1982, inclusive, by notifying his employer in writing of his desire to transfer membership from the existing system to this system. This decision to transfer or not to trans­fer shall become irrevocable on May 31, 1982. All members electing to transfer during the transfer pe­riod shall become members of the Florida Retire­ment System on July 1, 1982, and shall be subject to the provisions of the Florida Retirement System on and after that date. Any officer or employee who was a member of an existing system on December 1, 1970, and who does not elect to become a member of this system shall continue to be covered under the existing system, subject to . the provisions of s.

85

121.045. Any member transferring from the Teach­ers' Retirement System under chapter 238 to the Florida Retirement System on January 1, 1979, shall retain his rights to survivor benefits under chapter 238 from January 1, 1979, through December 31, 1983, or until fully insured for disability benefits under the federal Social Security Act, whichever is the earliest date, and thereafter no such rights shall exist. Any such member transferring to the Florida Retirement System on July 1, 1982, shall retain his rights to survivor benefits under chapter 238 from July 1, 1982, through June 30, 1987, or until fully insured for disability benefits under the federal So­cial Security Act, whichever is the earliest date, and thereafter no such rights shall exist.

b. Any deficit, as determined by the state actu­ary, accruing to the Survivors' Benefit Trust Fund of the Teachers' Retirement System and resulting from the passage of chapter 78-308, Laws of Florida, and chapter 80-242, Laws of Florida, shall become an obligation of the Florida Retirement Trust Fund.

(b)l. The governing body of any city or special district in the state may elect to participate in the system upon proper application to the administrator and may cover all or any of its units as approved by the Secretary ofHealth, Education, and Welfare and the administrator.

2. Any city or special district that has an existing retirement system covering the employees in the units which are to be brought under the Florida Re­tirement System may participate only after holding a referendum in which all employees in the affected units have the right to participate. Only those em­ployees electing coverage under the Florida Retire­ment System by affirmative vote in said referendum shall be eligible for coverage under this chapter, and those not participating or electing not to be covered by the Florida Retirement System shall remain in their present systems and shall not be eligible for coverage under this chapter. After said referendum is held, all future employees shall be compulsory members of the Florida Retirement System.

3. The governing body of any city or special dis­trict complying with subparagraph 1. may elect to provide, or not provide, benefits based on past ser­vice of officers and employees as described in s. 121.081(1). However, if such employer elects to pro­vide past service benefits, such benefits shall be pro­vided for all officers and employees of its covered group.

4. Once this election is made and approved it may not be revoked, and all present officers and employees electing coverage under this chapter and all future officers and employees shall be compulso­ry members of the Florida Retirement System.

(3) SOCIAL SECURITY · COVERAGE.-Social security coverage shall be provided for all officers and employees who become members under the pro­visions of subsection (1) or (2). Any modification of the present agreement with the Social Security Ad­ministration, or referendum required under the So­cial Security Act, for the purpose of providing social security coverage for ariy member shall be requested by the state agency in compliance with the applica­ble provisions of the Social Security Act governing such coverage. However, retroactive social security

s. 121.051 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 121.052

coverage for service prior to December 1, 1970, with the employer shall not be provided for any member who·was not covered under the agreement as of No­vember 30, 1970.

(4) INFORMATION REQUIRED.-The employ­er shall furnish the administrator with such infor­mation as he may request for the proper enrollment of officers and employees in the system.

(5) RIGHTS LIMITED.-(a) Participation in the system shall not give any

member the right to be retained in the employ ofthe employer or, upon dismissal, to have any right or interest in the fund other than herein provided.

(b) No member who has caused a shortage in a public account, when such shortage is certified by the Auditor General or a certified public accountant, may retire or receive any benefits under this chapter so long as such shortage exists.

(6) SEASONAL STATE EMPLOYMENT; BLIND VENDING FACILITY OPERATORS.-

(a) Seasonal state employment shall be included under this chapter, and the time limit and procedure for claiming same as set forth in s. 122.07 shall con­tinue under this chapter for those members transfer­ring to this system and for all new members.

(b)l. All blind or partially sighted persons who are now employed or licensed by the Division of Blind Services as vending facility operators, or who may hereafter be so licensed or employed, are hereby declared to be state employees within the meaning of this chapter, and all vending facility operators licensed and employed after December 1, 1970, shall be compulsory members in compliance with this chapter.

2. Blindness shall not be deemed a retirement disability within the provisions of this chapter for such members as are contemplated by this para­graph.

(7) JOINT REPRESENTATIVES; FEDERAL CIVIL SERVICE.-All state and county cooperative extension personnel holding appointments by the United States Department of Agriculture for exten­sion work in agriculture and home economics in the state shall be joint representatives ofthe University of Florida and the United States Department of Ag­riculture unless otherwise expressly provided in the project agreement. Such personnel shall be deemed governed by the· requirements of Federal Civil Ser­vice, as written in the agreement between the Uni­versity of Florida and the United States Department of Agriculture. Such personnel so governed by the requirements of Federal Civil Service shall be pro­hibited from participating in any retirement or so­cial security program or act administered by the state except those members covered under s. 238.13, as of November 30, 1970.

History.-s. 5, ch. 70-112; s. 1, ch. 72-182; s. 1, ch. 72-340; .s. 1, ch. 72-344; s. 1, ch. 73-268; s. 3, ch. 74-302; s. 1, ch. 75-152; s. 1, ci). 77-174; s. 21, ch. 77-259; s. 2, ch. 77-469; s. 3, ch. 78-308; s. 1, ch. 79-375; s. 1, ch. 79-377; s. 2, ch. 80-242.

121.052 Membership class of certain elected state officers.-

(1)(a) There is hereby established a separate class of members within the Florida Retirement Sys­tem, established by this chapter, to be known and cited as "Elected State Officers' Class."

(b) Participation in the. Elected State Officers'

Class shall be compulsory for any Governor, Lieu­tenant Governor, Cabinet · officer, Supreme Court justice, district court of appeal judge, circuit' judge, state attorney; public defender, or public service commissioner assuming office, either by election or appointment, on or after July 1, 1972, or for any county court judge assuming office, either by elec­tion or appointment; on or after October 1, 197 4, who is not already a member of any existing system, the Judicial Retirement System, or the regular or spe­cial risk classes of the Florida Retirement System when elected or appointed to such office. Effective July 1, 1979, no public service commissioner shall be eligible for membership in the Elected State Offi­cers' Class, and on that date any public service com­missioner who is a member of the Elected State Offi­cers' Class shall be removed from that class, shall become a ·member of the regular class, and shall thereafter be subject to the benefits and provisions of the regular class. Any public service commission­er who is removed from the Elected State Officers' Class on July 1, 1979, shall retain any retirement credit earned in the Elected State Officers' Class as of that date.

86

(c)l. Any legislator elected to office after July 1, 1980, who is a participant, or is intending to partici­pate, in any plan qualified under Subchapter D, Chapter 1, Subtitle A of the Internal Revenue Code of1954, as amended and in effect on January 1, 1979, shall have the option of participating in the Elected State Officers' Class of the Florida Retirement Sys­tem or not participating in the Florida Retirement System in any manner. Any legislator so elected shall have a period of 6 months, commencing with the date of election, to notify the administrator, in writing, of his desire to withdraw from the Elected State Officers' Class; unless and until such time as said legislator makes timely withdrawal herein, he shall be a participant in the Elected State Officers' Class.

2. Any legislator elected to office on or before July 1, 1980, who is a member of the Florida Retire­ment System shall remain in the system unless such legislator is a participant, or is intending to partici­pate, in any plan qualified under Subchapter D, Chapter 1, Subtitle A of the Internal Revenue Code of1954, as amended and in effect on January 1, 1979, and unless, prior to January 1, 1981, such legislator indicates to the administrator his desire to withdraw from participation in any class of the Florida Retire~ ment System.

3. Upon receipt of a request from a legislator to withdraw from participation or upon the election of the legislator to withdraw from the Florida Retire­ment System pursuant to subparagraph 1., the ad­ministrator shall refund all moneys contributed by the legislator to the system during his period of par­ticipation in the system, unless the legislator has a vested right under the Florida Retirement System, in which case the member shall not receive a refund of contributions.

·(d) On and after July 1, 1972, participation in the Elected State Officers' Class shall be optional within the time provided herein for any Governor, Lieuten­ant Governor, Cabinet officer, legislator, Supreme Court justice, district court of appeal judge,' circuit

s. 121.052 1980 SUPPLEMENT .TO FLORIDA STATUTES 1979 s. 121.052

judge, state attorney, public defender, or' public ser­vice commissioner who is already a member of any existing system, the Judicial Retirement System, or the regular or special risk "classes of the Florida Re­tirement System when elected or appointed to such office, except that, effective July 1, 1979, no public service commissioner shall be eligible for member­ship in the Elected State Officers' Class. Participa­tion in the Elected State Officers' Class shall be op­tional within the time provided herein for any coun­ty court judge who assumed office prior to October 1, 1974. After July 1, 1980, participation in the Elected State Officers' Class shall be optional for legislators within the time provided in paragraph (c), provided such legislators meet the requirements in paragraph (c) : Any such officer may, upon application to the administrator of the Florida Retirement System, within 1 year from the date he first becomes eligible to be a member of the Elected State Officers' Class by virtue of the office he holds, except for legislators who shall apply to the administrator within the time period provided in paragraph ·(c), transfer to and par­ticipate in the Elected State Officers' Class, subject to the following provisions:

1. He shall transfer and carry with him such re­tirement credit as he has accumulated in the retire­ment· system or class within the Florida Retirement System from which he transfers; and

2. He may purchase additional retirement credit in the Elected State Officers' Class for all creditable service as an officer within the purview of this class, which service he has accumulated in the retirement system or class within the Florida Retirement Sys­tem from which he transfers, upon the payment into the system trust fund of a sum equal to the differ~ ence between 8 percent of the gross salary he re­ceived for the period of his tenure in the office, or 8 percent of $1,000 per month, whichever is greater, for which he seeks additional retirement credit and the actual amount of his retirement contributions for such period, based on such salary, plus interest thereon at the rate of 4 percent per annum com­pounded annually from the date of such service until July 1, 1975, and 6.5 percent per annum thereafter until the date of payment. An amount equal to the member's contributions and interest payments shall be paid to the system trust fund from the General Revenue Fund. A county court judge or any other member of the Elected State Officers' Class may pur­chase additional retirement credit for service prior to January 1, 1973, as a county solicitor; county judge; judge of a court of record; judge of a criminal or civil court of record; judge of any metropolitan court established pursuant to s. 6, Art. VIII of the State Constitution; judge of a small claims court; or justice of the peace, provided an amount equal to the member's contributions and·interest payments shall be paid to the system trust fund by the count); or by the individual. Service as a county court judge from January 1, 1973, to October 1, 1974, may be pur­chased as additional retirement credit in the Elected State Officers' Class by all members of this class having such service, in the same manner as other additional retirement credit is purchased in ' this class.

(e) Any officer who is eligible to be a member of

87

the Elected State Officers' Class, but for whom the time period provided in paragraph (d) has expired without his having transferred to the Elected State Officers' Class, shall be permitted to elect, in writ­ing, from October 1, 1978, through December 31, 1980, to transfer to, and become a member of, this class on January 1, 1981, and be subject to the bene­fits and provisions of the Elected State Officers' Class on and after that date. After December 31, 1980, no such election may be made.

(f) Any Governor, Lieutenant Governor, Cabinet officer, Supreme Court justice, district court of ap­peal judge, circuit judge, county court judge, state attomey, public service commissioner, or public de­fender who is eligible to be a member of the Elected State Officers' Class, but for whom the time period provided in paragraph (d) has expired without his having transferred to the Elected State Officers' Class, shall be permitted to elect, in writ.ing, from July 1, 1977, through September 30,1977, to transfer under the provisions of paragraph (d) to the Elected State Officers' Class on October 1, 1977, and be sub­ject to the benefits and provisions of such class on and after that date.

(2) Members of the Elected State Officers' Class shall be subject to social security coverage as provid­ed by the federal Social ~ecurity Act. The adminis­trator shall make such modification to the agree­ment between the state and the Federal Social Secu­rity Administrator, made pursuant to the provisions of chapter 650, hold any referendum, or take any other action as may be required to provide social security coverage for said members.

(3)(a) The definitions set forth in s. 121.021 and all other provisions of this chapter shall apply to the Elected State Officers' Class, except when the defini­tions and provisions are in conflict with, or are su­perseded or modified by, the provisions of this sec-tion. ·

(b) A member of the Elected State Officers' Class shall have the same normal retirement date as de­fined in s. 121.021(29) for a regular member of the Florida Retirement System, except that only' 8 years of creditable service in this class shall be needed to attain the normal retirement date specified in s. 121.021(29)(a). Any public service commissioner who is removed from the Elected State Officers' Class on July 1, 1979, after attaining at least 8 years of credit­able service in that class shall be considered to have reached normal retirement age upon attaining the age required in s. 121.021(29)(a).

(c) The average final compensation of a member of the Elected State Officers' Class shall be as de­fined ins. 121.021(24) or the average annual compen­sation of the 5 best ofthe last 8 years of service if the member has less than 10 years of creditable service at the time of retirement, termination, or death.

(4)(a) From and after October 1, 1978, and except as provided in paragraph (b), the employer paying the salary of a memberofthe Elected State Officers' Class shall withhold 8 percent of his gross salary, which shall constitute the contribution of said mem­ber with respect to retirement and other benefits payable to members ofthis class, and one-halfofthe entire contribution ofthe member required for social security coverage. The employer withholding such

s. 121.052 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 121.081

contributions shall set aside the funds necessary to pay the matching contributions required pursuant to s. 121.061 and shall contribute an amount equal to 10.57 percent of such member's gross compensa­tion and one-half of the entire contribution with re­spect to the member's social security coverage.

(b) From and after October 1, 1978, the employer paying the salary of any member of the Elected State Officers' Class who is a Governor, Lieutenant Gover­nor, Cabinet officer, Supreme Court justice, district court of appeal judge, circuit judge, county court judge, state attorney, public service commissioner, or public defender shall contribute an amount equal to 16.78 percent of such member's gross compensa­tion and shall withhold 4 percent of such member's gross compensation, the sum of which shall consti­tute the entire contribution with respect to such member. The employer shall, however, withhold one-half of the entire contribution of the member required for social security coverage. Effective July 1, 1979, any member of the Elected State Officers' Class who is a public service commissioner shall be removed from this class, shall become a regular member on that date, and shall be subject to the contribution provisions of s. 121.071 which pertain to regular members.

(c) From and after October 1, 1979, the employer paying the salary of any member of the Elected State Officers' Class who is a Supreme Court justice, dis­trict court of appeal judge, circuit judge, county court judge, state attorney, or public defender shall contribute an amount equal to 20.78 percent of that member's gross compensation, which shall consti­tute the entire contribution with respect to that member. The employer shall, however, withhold one-half of the entire contribution of the member required for social security coverage.

(d) Elected State Officers' Class members' contri­butions and matching contributions rec~ived from state employers shall be deposited by the adminis­trator in the system trust fund and Social Security Trust Fund of the Florida Retirement System.

(5)(a) A member of the Elected State Officers' Class who is a Supreme Court justice, district court of appeal judge, circuit judge, or county court judge shall receive retirement credit of3Ya percent of aver­age final compensation, and all other members shall receive retirement credit of 3 percent of average fi­nal compensation, for each year of creditable service in such class.

(b) Upon attaining his normal retirement date, a member of the Elected State Officers' Class, upon application to the administrator, shall receive a monthly benefit which shall commence on the last day of the month of retirement and be payable on the last day of each month thereafter during his life­time. The amount of such monthly benefit shall be the total percentage of retirement credit received by the member multiplied by his average monthly com­pensation, but in no event shall such benefit exceed the member's average final compensation. The total percentage of retirement credit received by a mem­ber shall be the sum of the retirement credit he earns as a member of the Elected State Officers' Class and in each category of employment together

with any retirement credit he acquires for wartime military service.

(c) The benefit provisions of subsections (2), (3), (4), (5), (6), (7), (8), (9), and (11) of s. 121.091, as they relate respectively to benefits payable for dual nor­mal retirement ages, early retirement, disability re­tirement, termination of employment, optional forms of retirement, death benefits, designations of beneficiaries, employment after retirement, and method of computing actuarial equivalent, shall also apply to members of the Elected State Officers' Class, except that only 8 years of creditable service in this class shall be needed to attain the benefits specified in subsections (3), (5), and (7) of such sec­tion. The provisions of all subsections referred to in this paragraph shall be construed in such manner to make them compatible with the provisions of this act.

(d) The provisions of ss. 121.101 and 121.111, re­spectively, relating to the cost-of-living adjustment of retirement benefits and retirement credit for war­time military service, shall apply to members of the Elected State Officers' Class. Creditable service for actual wartime service, as authorized by s. 121.111(2), not exceeding 4 years, shall be acquired and paid for as provided in said subsection. Upon payment by the member of 4 percent of gross salary plus accrued interest, retirement credit shall be granted at the rate of 1.6 percent for each year of creditable service acquired under said subsection.

(6)(a) Any member of the Elected State Officers' Class who ceases to fill an office covered by this class and who is employed in a position covered by the Florida Retirement System may receive credit in the Florida Retirement System for any retirement cred­it which he earns under this class, and such credit shall be granted at the rate of 3Ya percent for service as a Supreme Court justice, district court of appeal judge, circuit judge, or county court judge, or at the rate of3 percent credit ifhis service was in any other office, for each year of creditable service in such class.

(b) Any member of the Elected State Officers' Class who leaves office or otherwise terminates his membership in the retirement system for any reason other than death or retirement and who does not come under the provisions of paragraph (a) shall be subject to the termination benefit provisions of s. 121.091(5).

(7) The administrator shall make such rules and regulations as are necessary for the effective and efficient administration of the Elected State Offi­cers' Class.

88

(8) There is hereby annually appropriated from the General Revenue Fund and the system trust fund sufficient amounts to make such payments as are provided by this section.

History.-ss. 2, 4, ch. 72-345; s. 1, ch. 72-359; s. 1, ch. 74-215; s. 1, ch. 75-296; s. 1, ch. 76-240; s. 1, ch. 77-464; s. 1, ch. 77-285; s. 4, ch. 78-308; s. 26, ch. 79-164; s. 2, ch. 79-375; s. 2, ch. 79-377; s. 2, ch. 80-131.

121.081 Past service; prior service; contribu­tions.-Conditions under which past service or prior service may be claimed and credited are:

(1)(a) Past service, as defined in s. 121.021(18), may be claimed as creditable service by officers or · employees of a city or special district that become a

s. 121.081 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 121.081

covered group under this system. The governing body of a covered group in compliance with s. 121.051(2)(b) may elect to provide benefits with re­spect to past service earned prior to January 1, 1975, in accordance with this chapter, and the cost for said past service shall be established by applying the fol­lowing formula: The member contribution for both regular and special risk members shall be 4 percent of the gross annual salary for each year of past ser­vice claimed, plus 4 percent employer matching con­tribution, plus 4 percent interest thereon compound­ed annually, figured on each year of past service, with interest compounded from date of annual sala­ry earned until July 1, 1975, and 6.5 percent interest compounded arinually thereafter until date of pay­ment. Once the total cost for a member has been figured to date, then after July 1, 1975, 6.5 percent compounded interest shall be added each June 30 thereafter on any unpaid balance until the cost of said past service liability is paid in full. The follow­ing formula shall be used in calculating past service earned prior to January 1, 1975: (Annual gross sala­ry multiplied by 8 percent) multiplied by the 4 or 6.5 percent compound interest table factor, as may be applicable. The resulting product equals cost to date for each particular year of past service.

(b) Past service earned after January 1, 1975, may be claimed by officers or employees of a city or special district that become a covered group under this system. The governing body of a covered group may elect to provide benefits with respect to past service earned after January 1, 1975, in accordance with this chapter, and the cost for said past service shall be established by applying the following formu­la: The employer shall contribute 9 percent of the employee's gross salary for each year of past service claimed, plus 6.5 percent interest thereon, com­pounded annually, figured on each year of past ser­vice, with interest compounded from date of annual salary earned until date of payment.

(c) Should the employer not elect to provide past service for the member, then the member may claim and pay same, based on paragraphs (a) and (b).

(d) Employment prior to January 1, 1968, in the Cuban Refugee Assistance Program administered by the Florida State Department of Public Welfare or the Florida State Board of Health shall be deemed to be included in "past service" as defined in s. 121.021(18), for the purposes of the Florida Retire­ment System, any other provisions of law notwith­standing and regardless of the fund from which such employment was P?id. If credit for such service has not been granted under any other state or federal system, any member of the Florida Retirement Sys­tem or any system consolidated therein shall be enti­tled to receive past service credit for his period of employment in the Cuban Refugee Assistance Pro­gram prior to January 1, 1968, in the manner provid­ed in this subsection. However, in no event will eligi­bility for "past service" be established unless re­quired contributions are paid into the Florida Re­tirement System for such period of "past service" and such contributions are not paid from general revenue funds of the state.

(e) Past service, as defined in s. 121.021(18), may be claimed as creditable service by a member of the

89

Florida Retirement System who formerly was an of­ficer or employee of a city or special district, notwith­standing the status or form of the retirement system, if any, of said city or special district and irrespective of whether officers or employees of said city or spe­cial district now or hereafter become a covered group under the Florida Retirement System. Such member may claim creditable service and be entitled to the benefits accruing to the regular class of members as provided for the past service claimed under this par­agraph by paying into the retirement trust fund an amount equal to the total actuarial cost of providing the additional benefit resulting from such past-ser­vice credit, discounted by the applicable actuarial factors to date of retirement. .

(f) Whenever any employee of a governmental entity who is participating in a local retirement sys­tem of the governmental entity becomes eligible to participate in the Florida Retirement System by vl.r­tue ofthe consolidation or merger of governments or the transfer of functions between units of govern­ment, either at the state or local level or between state and local units of government, in which the resulting unit of government becomes or remains an employer as defined in this chapter, said employee shall elect either to continue to participate in the local retirement system or to become a member of the Florida Retirement System. Should any em­ployee elect to continue to participate in the local retirement system, his employer shall make contri­butions to the local retirement system at the re­quired rates, but in no event shall the rate of contri­butions made by the employer to the local retire­ment system exceed the combined rate of retirement contributions and social security contributions paid by the employer to the Florida Retirement System on behalf of an employee who is a regular member of the Florida Retirement System.

(g) When any person, either prior to this act or hereafter, becomes entitled to and does participate in one of the retirement systems consolidated within or created by this chapter through the consolidation or merger of governments or the transfer of func­tions between units of government, either at the state or local level or between state and local units, or through the assumption of functions or activities by a state or local unit from an employing entity which was not an employer under the system, and such person becomes a member of the Florida Retire­ment System, such person shall be entitled to receive "past service" credit as defined in s. 121.021(18) for the time such person performed services for, and was an employee of, said state or local unit or other em­ploying entity prior to the transfer, merger, consoli­dation, or assumption of functions and activities. Past service credit allowed by this paragraph shall also be available to those persons who became mem­bers of an existing system, as defined ins. 121.021(2), prior to December 1, 1970, through the transfer, merger, consolidation, or assumption of functions and activities set forth in this paragraph and who subsequently become members of the Florida Retire­ment System. However, in no event will credit for the past service be granted until contributions are made in the manner provided in this subsection. Such contributions and accrued interest shall not be

s. -121.081 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 121.081

paid from any state funds. (h) Any person who was enrolled on May 15,

1976, in a state retirement system administered un­der this chapter and who was, on that date" an officer or employee of a consolidated government which by virtue of its charter had elected status as a munici­pality for purposes of state r.etirement systems ad­ministered under this chapter and who had not with­drawn·his contributions shall be deemed to have be­come a member of that system as of the date he began to -participate therein, whether employed by the consolidated government or a preceding interim government on that date, and shall be entitled to retain his membership in that system so long as he continues to be an officer or employee of the consoli­dated government, regardless of the fact that the consolidated government and interim government were not "employers" as defined in s. 121.021(10). Any person who was enrolled before May 15, 1976, in a state retirement system administered under this chapter and who was, during the period of en­rollment, an officer or employee of a consolidated government which by virtue of its charter had elect­ed status as a municipality for purposes of state re­tirement systems administered under this chapter, who terminated employment with the consolidated government, and who had not withdrawn his contri­butions shall be deemed to have been a member of the retirement system in which he was enrolled dur­ing the period of such enrollment and employment by that consolidated government and during any pe­riod of enrollment and employment by any interim government which performed the functions of the consolidated government prior to its creation, re­gardless of the fact that the consolidated govern­ment and interim government were not "employers" as defined in s. 121.021(10). However, in no event shall credit be granted for service rendered in such employment prior to May 15, 1976, unless the contri­butions required for such credit were paid prior to May 15; 1976.

(i) Notwithstanding any of the provisions of this subsection, no past-service credit may be purchased under this chapter for any service which is used to obtain a benefit from any local retirement system.

(j) An employee of a state agency who was a member of a state-administered retir.ement system and who was granted educational leave with pay pursuant to a written educational leave-with-pay policy may claim such period of educational leave as past service subject to the following conditions:

1. The educational leave must have occurred pri-or to December 31, 1971; .

2. The member must have completed at least 10 years of creditable service excluding the period of the educational leave; .

3. The employee must have returned to employ­ment with a state agency employer who participated in the retirement system, which return was immedi­ately upon termination of the educational leave, and must have remained on the employer's payroll for at least 30 calendar days following his return to em­ployment; ·

4. The employee must be a member of the Flori­da Retirement System at the time-he claims such service;

90

5. Not more than 24 months of creditable service may be claimed for such period of educational leave with pay; ·

6; The ·service shall not be claimed under any other state or federal retjrement system; and

7. The member shall pay to the retirement trust fund for claiming such past-service credit an amount equal to 8 p'er~ent ofhis gross annual salary·im.medi­ately prior to the educational leave with pay for each year of past service ~laimed, plus 4-percent interest thereon compounded annually: each June 30 from fir&t year of service claimed until July 1, 1975, and 6.5-percent i!lterest thereafter on the unpaid bal­ance compounded annually each June 30 until paid.

(2) Prior service, as defined in s. 121.021(19), may be claimed as creditable service under the Florida Retirement System after a member has been reem­ployed for 12 continuous months. The member shall not be permitted to make any contributions for ,prior service until after the 12-month period. The required contributions 'for claiming the various types of prior service are: ·

(a) · For prior service performed prior to the date the system becomes noncontributory for the member and for which the member had credit under one· of the existing retirement systems and received a re­fund of contributions upon termination of employ­ment, the member shall contribute 4 percent of all salary received during the period being claimed, plus 4-percent interest compounded annually from date of refund until July 1, 1975, and 6.5-percent interest compounded annually thereafter, until full payment is made to the Retirement Trust Fund.

(b) For prior. service performed prior to the date the system becomes noncontributory for the member and for which the member had credit under the Flor­ida Re,tirement System and received a refund of con­tributions upon termination of employment, the member shall contribute at the rate that-was re­quired of him during the period of service being claimed, on all salary received during such period, plus 4-percent interest compounded annually from date of refund until July 1, 1975, and 6.5-percent interest compounded annually thereafter, until the full payment is made to the Retirement Trust Fund.

(c) For service performed after the Florida Re­tirement System becomes noncontributory for· the member, and for which the member had credifunder the Florida Retirement System at date of termina­tion of employment, the member shall not be re­quired to make any contributions in order .to receive prior service credit, but such credit shall not be granted until the member has been reemployed for 12 continuous months.

(d) . For prior service as defined in s. 121.021(19)(b) and (c) during which no contributions were made because the member did not participate in a retirement system, the member shall contribute 9 percent of all salary received during such period or 9 percent of $100 per month during such period, whichever is greater, plus 4-percent interest com­pounded annually from the first year of service claimed until July 1, 1975, and 6.5-percent interest

s. 1:21.081 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 121.091

compounded annually thereafter, until full payment is made to the Retirement Trust Fund.

History.-s. 8, ch. 70-112; s. 27, ch. 71-355; s. 1, ch. 72-168; s. 1, ch. 74-158; s. 5, ch. 74-302; s. 1, ch. 75-260; s. 2, ch. 76-226; s. 3, ch. 77-469; s. 5, ch. 79-377; s. 7, ch. 80-242; s. 2, ch. 80-243.

121.091 Benefits payable under the system.­(1) NORMAL RETIREMENT BENEFIT.-Upon

attaining his normal retirement date, the member, upon application to the administrator, shall receive a monthly benefit which shall commence on the last day of the month of retirement and be payable on the last day of each month thereafter during his life­time. The amount of monthly benefit shall be deter­mined as the product of A and B, subject to the ad­justment of C, if applicable, when:

(a) A is 1.60 percent of his average monthly com­pensation, up to his normal retirement age. The first year after his normal retirement age, A is 1.63 per­cent of his average monthly compensation. The sec­ond year after his normal retirement age, A is 1.65 percent of his average monthly compensation. The third year after his normal retirement age, A is 1.68 percent of his average monthly compensation. A shall not exceed 1.68 percent of his average monthly compensation, except that for all creditable years of special risk service, A is 2 percent of his average monthly compensation for all creditable years prior to October 1, 1974, for which additional retirement credit has not been purchased, and 3 percent of his average monthly compensation until October 1, 1978, when all years of creditable service thereafter as a special risk member shall be worth 2 percent of his average monthly compensation; however, the normal retirement benefit, including any past or ad­ditional retirement credit, may not exceed 100 per­cent of the average final compensation.

(b) B is the number of his years and any fraction­al part of a year of creditable service earned subse­quent to November 30, 1970, and

(c) C is the normal retirement benefit credit brought forward as of November 30, 1970, by a for­mer member of an existing system. Such normal re­tirement benefit credit shall be determined as the product of A and B when A is the percentage of average final compensation which the member would have been eligible to receive ifhe had attained his normal retirement date as of November 30, 1970, all in accordance with the existing system under which the member is covered on November 30, 1970, and B is average monthly compensation as defined in s. 121.021(25). However, any member of an exist­ing retirement system who .is eligible to retire and who does retire, become disabled, or die prior to April 15, 1971, may have his retirement benefits calculated on the basis of the best 5 o(the last 10 years of service.

(2) BENEFITS PAYABLE FOR DUAL NOR­MAL RETIREMENT AGES.-In the event a mem­ber shall accumulate retirement benefits to com­mence at different normal retirement ages by virtue of his having performed . duties for an employer which would entitle him to benefits as both a regular member and special risk member, .the amount of benefits payable shall be computed separately with respect to each such age and the sum of such com put-

91

ed amounts shall be paid as provided in this section. (3) EARLY RETIREMENT BENEFIT.-Upon

retirement on his early retirement date, the member shall receive an immediate monthly benefit which shall commence the last day of the month of his retirement date and be payable on the last day of each month thereafter during his lifetime. The amount of each monthly payment shall be computed in the same manner as for a normal retirement bene­fit , in accordance with subsection (1), out based on average monthly compensation and creditable ser­vice as of the member's early retirement date. The benefit so computed shall be reduced by five-twelfths of 1 percent for each complete month by which the early retirement precedes the normal- retirement date of age 62 for a :regular member or a member o( the Elected State Officers' Class, and age 55 for a special risk member or age 52 if a special risk mem­ber has completed 25 years of creditable service in accordance with s. 121.021(29)(c)3. However, if the employment of a member is terminated by reason of death subsequent to the completion · of 20 years of creditable service, the monthly benefit payable tO the member's beneficiary shall be calculated in ac­cordance with subsection (1), but based on average monthly compensation and creditable service as of the date of death. The benefit so computed shall be reduced by five-twelfths of 1 percent for each com­plete month by which death precedes the normal retirement date specified above or the dateon which the member would have attained 30 years of credita­ble service had he survived and continued his em­ployment, whichever provides a higher benefit . .

(4) DISABILITY RETIREMENT BENEFIT.~ (a) Disability retirement date.:_A member who

becomes totally and permanently disabled, as de­fined in paragraph (b), after completing 5 years of creditable service, or a member who becomes totally and permanently disabled in the line of duty regard­less of service, shall be entitled to a monthly disabili­ty benefit; except that any member with less than 5 years of creditable service on July 1, 1980, or any person who becomes a member of the Florida Retire­ment System on or after such date must have com­pleted 10 years of creditable service p·rior to becom­ing totally and permanently disabled in order to re­ceive disability retirement benefits for any disability which occurs other than in the line of duty. But in the event that any member with less than 5 years of creditable service on July 1, 1980, becomes totally and permanently disabled after completing 5 years of creditable service and is found not to have at­tained fully insured status for disability benefits un­der the federal Social Security Act, such member shall be entitled to a monthly disability benefit. The disability retirement date shall be the first day of the month which coincides with or next follows the date the administrator approves payment of disability re­tirement benefits to the member.

(b) Total and permanent disability.-A member shall be considered totally and permanently disabled if, in the opinion of the administrator, he is prevent­ed, by reason of a medically determinable physical or mental impairment, from rendering useful and effi­cient service as an officer or employee. The decision

s. 121.091 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 121.091

of the administrator on these questions shall be final and binding.

(c) Proof of disability.-The administrator, be­fore approving payment of any disability retirement benefit, shall require proofthat the member is total­ly and permanently disabled as provided herein, which proof shall include the certification of the member's total and permanent disability by two li­censed physicians of the state and such other evi­dence of disability as the administrator may require.

(d) Disability retirement benefit.-1. A member, upon retirement on his disability

retirement date, shall receive a monthly benefit which shall commence on the last day of the month of his disability retirement and shall be payable on the last day of each month thereafter during his lifetime and continued disability. The amount of each monthly payment shall be computed in the same manner as for a normal retirement benefit, in accordance with subsection (1) of this section, but based on the member's average monthly compensa­tion and creditable service as of his disability retire­ment date, subject to the following conditions:

a. If the member's disability occurred in the line of duty, his monthly benefit shall not be less than 42 percent of his average monthly compensation as of his disability retirement date; or

b. If the member's disability occurred other than in the line of duty, his monthly benefit shall not be less than 25 percent of his average monthly compen­sation as of his disability retirement date. The mini­mum monthly benefit allowed in this sub-subpara­graph shall not apply to an officer or employee who has attained normal retirement age.

2. A member may elect to receive a reduced disa­bility retirement benefit which shall be payable for the lifetime of the member, and in the event of his death within a period of 10 years after his disability retirement date, the same monthly benefit shall be payable to his beneficiary, as selected by the member at his disability retirement date, for the balance of the 10-year period. The benefits payable under this subparagraph shall be the actuarial equivalent of the disability benefit to which the disabled member is otherwise entitled.

(e) Recovery from disability.-The administrator may require periodic reexaminations at the expense of the retirement fund, and:

1. If the administrator finds that a member who is receiving disability benefits is, at any time prior to his normal retirement date, no longer disabled, the administrator shall direct that the benefits be dis­continued. The decision of the administrator on this question shall be final and binding.

2. If the member, described in subparagraph 1., who recovers from such disability prior to his normal retirement date does not reenter the employ of an employer and had not completed 10 years of credita­ble service as of his disability retirement date, he shall be entitled to the excess, if any, ofhis accumu­lated contributions over the total disability benefits received up to his date of recovery.

3. If the member, described in subparagraph 1., who recovers from such disability prior to his normal retirement date does not reenter the employ of an employer but had completed 10 or more years of

92

creditable service as of his disability retirement date, he may elect to receive:

a. The excess, if any, of his accumulated contri­butions over the total disability benefits received up to his date of recovery, or

b. A deferred benefit commencing on the last day of the month of his normal retirement date which shall be payable on the last day of the month thereaf­ter during his lifetime. The amount of such monthly benefit shall be computed in the same manner as for a normal retirement benefit, in accordance with sub­section (1) of this section, but based on average monthly compensation and creditable service as of the member's disability retirement date.

4. If the member recovers from disability and reenters employment of an employer within 6 months after his recovery, his service will be deemed to have been continuous, but the period beginning with the first month for which he received a disabili­ty benefit payment and ending with the date he reentered employment will not be considered as creditable service for the purpose of computing bene­fits. The term "accumulated contributions" for such member wherever used in this section after such recovery shall mean the excess of a member's accu­mulated contributions as of his disability retirement date over total disability benefits received under paragraph (d).

(f) Nonadmissible causes of disability.-A mem­ber shall not be entitled to receive any disability retirement benefit if his disability is a result of any of the following:

1. Injury or disease sustained by the member while willfully participating in a riot, civil insurrec­tion, or other act of violence or while committing a felony;

2. Injury or disease sustained by the member af­ter his .employment has terminated; or

3. Intentional, self-inflicted injury. (g) Disability retirement of justice or judge by or­

der of Supreme Court.-1. If a member is ~Justice of the Supreme Court,

judge of a district court of appeal, circuit judge, or judge of a county court who has served for 10 years or more as an elected constitutional judicial officer, including service as a judicial officer in any court abolished pursuant to Article V of the State Consti­tution, and who is retired for disability by order of the Supreme Court upon recommendation of the Ju­dicial Qualifications Commission pursuant to the provisions of Art. V of the State Constitution, his monthly benefit shall not be less than two-thirds of his monthly compensation as of his disability retire­ment date.

2. Should any justice or judge who is a member of the Florida Retirement System be retired for disa­bility by order of the Supreme Court upon recom­mendation of the Judicial Qualifications Commis­sion pursuant to the provisions of Art. V of the State Constitution, then all contributions to his account and all contributions made on his behalf by his em­ployer shall be transferred to and deposited in the General Revenue Fund of the state, and there is hereby appropriated annually out of the General Revenue Fund, to be paid into the Florida Retire­ment System Fund, an amount necessary to pay the

s. 121.091 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 121.091

benefits of all justices and judges retired from the Florida Retirement System pursuant to Art. V of the State Constitution.

(5) TERMINATION BENEFITS.-(a) A member whose employment is terminated

for any reason other than death or retirement prior to the completion of 10 years of creditable service shall be entitled to the return of his accumulated contributions as of his date of termination.

(b) A member whose employment is terminated for any reason other than death or retirement after the completion of 10 years of creditable service may elect to receive a deferred monthly benefit which shall commence on the last day of the month of his normal or early retirement and shall be payable on the last day of each month thereafter during his lifetime. The amount of monthly benefit shall be computed in the same manner as for a normal retire­ment benefit in accordance with subsection (1) or early retirement benefit in accordance with s. 121.021(30), but based on average monthly compen­sation and creditable service as of his date of termi­nation.

(c) ' In lieu of the deferred monthly benefit provid­ed in paragraph (b), the terminated member may elect to receive a lump sum amount equal to his accumulated contributions as of his date of termina­tion.

(d) If any retired member dies without having received in benefit payments an amount equal to his accumulated contributions, there shall be payable to his designated beneficiary an amount equal to the excess, if any, of the member's accumulated contri­butions over the total monthly payments made to the member prior to his date of death.

(e) A member shall be deemed a terminated member only at such time as he is no longer em­ployed by an employer. ·

(f) Any member who has been found guilty by a verdict of a jury, or by the court trying the case without a jury, of committing, aiding, or abetting any embezzlement or theft from his employer, brib­ery in connection with the employment, or other felony specified in chapter 838, committed prior to retirement, or who has entered a plea of guilty or of nolo contendere to such crime, or any member whose employment is terminated by reason of his admitted commitment, aiding, or abetting of an embezzlement or theft from his employer, bribery, or other felony specified in chapter 838, shall forfeit all rights and benefits under this chapter, except the return of his accumulated contributions as of his date of termina­tion.

(g) Any elected official who is convicted by the Senate of an impeachable offense shall forfeit all rights and benefits under this chapter, except the return of his accumulated contributions as of the date of his conviction.

(h) Any member who, prior to retirement, is ad­judged by a court of competent jurisdiction to have violated any state law against strikes by public em­ployees, or who has been found guilty by such court of violating any state law prohibiting strikes by pub­lic employees, shall forfeit all rights and benefits under this chapter, except thE;J return of his accumu-

93

lated contributions as of the date of his conviction. (6) OPTIONAL FORMS OF RETIREMENT

BENEFITS.-(a) A member shall elect, prior to the receipt of

his first monthly retirement payment, to receive the retirement benefits to which he is entitled under subsection (1), subsection (2), or subsection (3) of this section in accordance with one of the following op-tions: ·

1. The maximum retirement benefit payable to the member during his lifetime.

2. A decreased retirement benefit payable to the member during his lifetime and, in the event of his death within a period of 10 years after his retire­ment, the same monthly amount shall be payable for the balance of such 10-year period to his beneficiary or, in case the beneficiary is deceased, in accordance with subsection (8) of this section as though no bene-ficiary had been named. .

3. A decreased retirement benefit which shall be payable during the joint lifetime of both the member and his joint annuitant and which shall continue after the death of either during the lifetime of the survivor in the same amount.

4. A decreased retirement benefit which shall be payable during the joint lifetime of the member and his joint annuitant and which shall continue after the death of either during the lifetime of the survi­vor in an amount equal to 66% percent of the amount which was payable during the joint lifetime of the member and his joint annuitant.

(b) The benefit payable under any option stated above shall be the actuarial equivalent, based on tables adopted by the administrator for this purpose, of the amount to which the member was otherwise entitled.

(c) A member who elects the option in subpara­graph 2. of paragraph (a) shall, in accordance with subsection (8), designate a person to receive the bene­fits payable in the event of his death. Su_ch person shall be the ben·eficiary of the member. ·

(d) A member who elects the option in subpara­graph 3. or subparagraph 4. of paragraph (a) shall, on a form provided for that purpose, designate his spouse or other dependent to receive the benefits which continue to be payable upon the death of the member. Such person shall be the joint annuitant of the member. If, after benefits have commenced ·un­der the option in subparagraph 3. or subparagraph 4., the retired member desires to change his designa­tion of a joint annuitant, he may do so only ifhis first designated joint annuitant is alive and can show evi­dence of good health which s~all be substantiated by a statement from a physician licensed in this state. A member desiring to change his designation of a joint annuitant shall file with the division a nota­rized "change of joint annuitant" form. Upon receipt of a completed change of joint annuitant form, the division shall adjust the member's monthly benefit by the application of actuarial tables and calcula­tions developed to ensure that the benefit paid is the actuarial equivalent of the benefit to which the member was otherwise entitled under the option in subparagraph 1. of paragraph (a), taking into consid­eration the benefits that have already been paid at the time the member elects to change his designa-

s. 121.091 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 121.091

tion of a joint annuitant. The· consent of a retired member's first designated joint annuitant to any such change shall not be required.

(e) The election of an option shall be null and void if either the member, designated beneficiary, or designated joint annuitant shall die before benefits commence.

(f) A member who elects to receive benefits un­der the option in subparagraph 3. of paragraph (a) may designate one or more qualified persons, either a spouse or other dependent, as his joint annuitant to receive the benefits after his death in whatever proportion he so assigns to each person named as joint annuitant. The division shall adopt appropriate actuarial tables and calculations necessary to ensure that the benefit paid is the actuarial equivalent of the benefit to which the member is otherwise enti­tled under the option in subparagraph 1. of para­graph (a).

(g) Upon the death of a retired member or benefi­ciary receiving monthly benefits under this chapter, the monthly benefits shall be paid through the last day of the month 'of death and shall terminate, or be adjusted, if applicable, as of that date in accordance with the optional form of benefit selected at the time of retirement. ·

(7) DEATH BENEFITS.-(a) If the employment of a member is terminated

by reason ·of his death prior to the completion of 10 years of creditable service, there shall be payable to his designated beneficiary the member's accumulat­ed contributions.

(b) If the employment of a member is terminated by reason of his death subsequent to the completion of 10 years of creditable service but prior to his actu­al retirement, it shall be assumed that the member retired as of his date of death in accordance with subsection (1) if eligible for normal retirement ben.e­fits, subsection (2) if eligible for benefits payable for dual normal retiremep.t or subsection (3) if eligible for early retirement benefits, having elected in ac­cordance with subseCtion (6), the optional form of payment most favorable to his beneficiary, as deter­mined by the administrator. However, the value of the benefit determined under this paragraph shall not be less than the value of the benefit determined under paragraph (a). The monthly benefit provided in this paragraph shall be paid to the member's ben­eficiary (spouse or other dependent) for his cir her lifetime.

(c)l. The surviving· spouse of any member killed in the line of duty may receive a monthly pension equal to one-half of the monthly salary being re­ceived by the member at the time of death for the rest of the surviving spouse's lifetime, unless said surviving spouse remarries, in which case the pen­sion shall terminate on the date of remarriage; or, in. lieu of the above, the surviving spouse may elect to receive the benefit provided in paragraph (b).

2. If the surviving spouse of a member killed in the line of duty dies prior to remarriage, the monthly payments which would have been payable to such surviving spouse had such surviving spouse lived shall be paid for the use and benefit of such mem­ber's child or children under 18 years of age and

94

unmarried until the 18th birthday of the member's youngest child.

3. If a member killed in the line of duty leaves no surviving spouse but is survived by a child or chil­dren under 18 years of age, the benefits provided by subparagraph 1., normally payable to a surviving spouse, shall be paid for the use and benefit of such member's child or children under 18 years of age and unmarried until the 18th birthday of the member's youngest child.

(d) The surviving spouse or other dependent of any member whose employment is terminated by death shall, upon application to the administrator, be permitted to pay the required contributions for any service performed by the member which could have been claimed by the member at the time of his death. Such service shall be added to the creditable service of the member and shall be used in the calcu­lation of any benefits which may be payable to the surviving spouse or other surviving dependent.

(e) Notwithstanding any other provisions in this chapter to the contrary, if any member who has ac­cumulated at least 10 years of creditable service dies and the surviving spouse receives a refund of the accumulated contributions made to the retirement trust fund,· such spouse may pay to the Division .of Retirement an amount equal to the sum of the amount of the deceased member's accumulated con­tributions previously refunded plus interest at 4 per­cent compounded annually each June 30 from the date of refund to the date qf repayment and receive the monthly retirement benefit as provided in para-graph (b). · ·

(f) The designated beneficiary who is the surviv­ing spouse or other dependent of a member whose employment js terminated by death subsequent to the completion of 10 years of creditable service but prior to actual retirement may elect to receive a deferred monthly benefit as if the member had lived and had elected a deferred monthly benefit, a.s pro­vided in paragraph (5)(b), calculated on the basis of the average final compensation and creditable ser­vice of the member at his death and the age the member would have attained on the commencement date of the deferred benefit elected by his benefici­ary, paid in accordance with option 3 of paragraph (6)(a).

(8) . DESIGNATION OF BENEFICIARIES.­Each member may, on a form provided for that pur­pose, signed and filed with the division, designate a choice of one or more persons, named sequentially or jointly, as his beneficiary who shall receive the bene­fits, if any, which may be payable in the event' of his death pursuant to the provisions of this chapter. If no beneficiary is named in the manner provided above, or if no beneficiary designated by the member survives him, the administrator shall direct the pay­ment of such benefits to the spouse of the deceased, if living. If the member's spouse is not alive at his death, any payments to which he was entitled shall be paid to. the living children of the member or on their behalf if under 18 years of age. If no children survive, any remaining benefits shall be payable to the member's fathe'r or mother, if living; otherwise, to the legal representative of the member's estate.

(9) EMPLOYMENT AFTER RETIREMENT;

s. 121.091 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 121.101

LIMITATION.-(a) Any person who is retired under this chapter,

except under the disability retirement provisions of subsection (4), may be employed by an employer that does not participate in a state-administered retire­ment system and may receive compensation from that employment without limiting or restricting in any way the retirement benefits payable to that per­son.

(b)l. Any person who is retired under this chap­ter, except under the disal;>ility retirement provi­sions of subsection (4), may be employed by an em­ployer t1•at participates in a state-administered re­tirement system and receive compensation from such employment and retirement benefits at the same time, so long as the employment does not ex­ceed 600 hours each calendar year, or the compensa­tion earned in such employment does not exceed $4,-000· each calendar year, whichever limitation per­mits the longer employment. However, such limita­tion shall not apply to a person age 65 or older.

2. Any person to whom the limitation in · sub­paragraph L applies who will exceed such limitation shall give timely notice of this fact in writing to his employer and to the division and shall advise both. of the date on which he will exceed the limitation. The division shall suspend such retired person's benefits for the remainder of the calendar year during which he continues employment in excess of the limitation in subparagraph 1. Upon commencement of the next calendar year, the division shall resume payment of the retired person's benefits until he again exceeds the employment limitation of subparagraph 1., at which time his benefits shall again be suspended for the remainder of the calendar year. Should such per­son fail to provide timely notice of his employment in excess of the limitation to the division, and should he receive and retain both benefits and compensa­tion in excess of the limitation of subparagraph 1., thy division shall suspend his retirement benefits until he has repaid to the retirement trust fund all benefits received after the limitation was reached.

3. The employment by an employer of any re­tiree of any state-administered retirement system shall have no effect on the average final compensa­tion or years of creditable service of the retiree, nor shall any deductions or contributions for retirement be made from or for the compensation received by the retiree with respect to such employmep.t.

4. Notwithstanding the provisions of subpara­graph 1., any retired person who is employed by an employer under the system within 1 calendar month ofretireme1;1t shall forfeit his right to benefits during that month.

5. Any person who has previously retired and who is holding public office on or after July 1, 1969, may have his membership in the Florida Retirement System reinstated by making the necessary contri­butions to the retirement fund for the period of re­employment. Any person electing this alternative sha:ll not be eligible for retirement compensation during the period of employment. During this period of employment, such contributions shall be included in the computation of the employee's average final compensation and his years of creditable service.

6. Any person who has retired and subsequently

95

is elected or appointed to an elective public office which is covered by the Florida Retirement System and who does not elect to reinstate his membership in the Florida Retirement System shall continue to receive his retirement_ benefits in addition to -the compensation of the elective office to which he is elected or appointed without regard to the time limi­tations otherwise provided in this subsection.

7. The limitations of this paragraph shall apply to reemployment in any capacity with an employer as defined in s. 121.021(10), irrespective of the cate­gory offunds from which the person is compep.sated.

(10) FUTURE BENEFITS BASED ON ACTU­ARIAL DATA.-It is the intent of the Legislature that future benefit increases enacted into law in this chapter shall be financed concurrently by increased contributions or other adequate funding, and such funding shall be based on sound actuarial data as developed by the. actuary or state retirement actu­ary, as provided in ss. 121.021(6) arid 121.192.

(11) . A member who becomes eligible to retire and has accumulated the maximum benefit of 100 percent of average final compensation may continue in active service, and, if upon the member's retire­ment the member elects to receive a nitiremerit com­pensation pursuant to subsection (2), subsection (6), or 'subsection (7), the actuarial equivalent percent­age factor applicable to the age of such member at the time the member reached said maximum benefit and to the age, at said time, of the member's spouse shall determine the amount of benefits to be paid.

History.-s. 9, ch. 70-112; s. 1, ch. 71-22; s. 1, ch. 72-332; s. 1, ch. 72-334; s. 2, ch. 72-344; s. 3, ch. 72-345; s. 3, ch. 72-388; ss. 6, 7, ch. 74-302; s. 2, ch. 74-328; s. 2, ch. 74-376; s. 1, ch. 75-86; s. 1, ch. 77-286; s. 6 , cl). 78-308; s. 3,. ch. 79-375; s. 2, ch. 80-126; s. 1, ch. 80-128; ss. 1, 3, ch. 80-130; s. 3, ch. 80-242.

121.101 Cost-of-living adjustment of bene­fits.-

(1) ·The purpose of this section is to provide cost­of~living adjustments commencing January 1, 1971, to the monthly benefits payable to all retired mem­bers of state-supported retirement systems.

(2) The terms used in this section are defined as follows:

(a) "Average cost-of-living index" _as of an adjust­ment date means the average of the monthly con­sumer price index figures for the 12-month period from April1 through March 31 immediately prior to the adjustment date, relative to the United States as a whole, issued by the Bureau of'Labor Statistics of the United States Department of Labor.

(b) "Standard benefit" means the monthly bene­fit calculated in accordance with s. 121.091 as for normal. retirement, early retirement, or disability retirement, and adjusted, if an optional form of bene­fit payment was elected by the member, in the same ratio as his original benefit payment was adjusted. Such determination shall be made on the assump­tions that:

1. Creditable service is the number of years of service for which benefits are provided by the system under which benefits are being paid; and

2. Average final compensation is the compensa­tion base on which benefits being paid were deter, mined.

(c). "Initial benefit" means the first monthly ben­efit payable to a retiree or beneficiary in accordance with the laws governing the determination of such

s. 121.101 1980 SUPPLEMENT. TO FLORIDA STATUTES 1979 s. 121.1815

benefit at the time of retirement or earlier death. (3) On July 1, 1980, and each July 1 thereafter,

the benefit of each retiree and annuitant shall be adjusted as follows:

(a) For those retirees and annuitants who have never received a cost-of-living adjustment under this section, the amount of benefit payable for the 12-month period commencing on the adjustment date shall be: ·

1. The sum of the member's initial benefit and a percentage of the member's standard benefit, such percentage to be equal to the percentage change in the average cost-of-living index over the period be­tween the date of retirement and the date of adjust­ment; ignoring changes in the cost-of-living index which are greater than 3 percent for any year after June 30, 1970; or

2. For those retirees and annuitants who qualify for an initial cost-of-living adjustment within 12 months subsequent to the member's date of retire­ment, the percentage change in the average cost-of­living index· shall be determined by interpolation from the average cost-of-living index for the two nearest adjustment dates.

(b) For those retirees and annuitants who have received a cost-of-living adjustment under this sec­tion, the adjusted monthly benefit shall be the sum of the monthly benefit being received on June 30 immediately preceding the adjustment date and a p·ercentage of this benefit equal to the percentage change in the ·average cost-of-living index as of the date of adjustment from said index for the next pre­ceding adjustment date. However, in no event shall the percentage for the annual cost-of-living adjust­ment exceed 3 percent for any annual adjustment date.

(4) In no event shall a retiree's or annuitant's monthly retirement benefit be reduced, by the appli­cation of this section, below the benefit he was re­ceiving as of July 1, 1970, or at the date .of retire­ment, iflater, nor shall his benefit be reduced below the minimum monthly benefit provided him under s. 112.362. .

(5) The initial benefit and standard benefit of a retiree who elected an optional form of benefit pay­ment which provided for a percentage of the benefit to be continued to a beneficiary after his death shall be reduced at the death of the retiree by application of the stated percentage.

(6) The funds necessary to pay for the cost-of­living adjustment provided by this section are here­by annually appropriated from the System Trust Fund.

History.-s. 10, ch. 70-112; s. 8, ch. 74-302; s. 4, ch. 80.242.

121.121 Future service to include authorized leaves of absence.-Future service of any member as defined ins. 121.021(21) shall also include author­ized leaves of absence if:

(1) The member has completed a minimum of 10 years of creditable service, excluding periods ofleave of absence.

(2) The leave of absence is authorized in writing by the employer of the member and approved by the administrator.

(3) The leave does not exceed 12 months at any

96

one time nor 24 months in total during his employ­ment.

(4) The member makes the required contribu­tions for service credit during the leave of absence, which shall be 8 percent until January 1, 1975, and 9 percent thereafter of his rate of monthly compen­sation in effect immediately prior to the commence­ment of such leave for each month of such period, plus 4-percent interest until July 1, 1975, and 6.5-percent interest thereafter on such contributions, compounded annually each June 30 from the due date of the contribution to date of payment. Effective July 1, 1980, any leave of absence purchased pursu­ant to this section shall be at the contribution rates specified in s. 121.071 in effect at the time of pur­chase for the class of membership from which the leave ofabsence was granted; however, any member who purchased leave-of-absence credit prior to July 1, 1980, for a .leave of absence from a position in a class other than the regular membership class, may pay the appropriate additional contributions plus compound interest thereon and receive creditable service for such leave of absence in the membership class from which the member was granted the leave of absence. '

History.-s. 12, ch. 70-112; s. 10, ch. 74-302; s. 2, ch. 80.128.

121.141 Appropriation.-(!) There is hereby annually appropriated from

the System Trust Fund or the Social Security Trust Fund a sufficient amount to make such payments as are provided in this chapter.

1(2) The funds required to provide payments to beneficiaries of members who die subsequent to the completion of20 years of creditable service, as speci­fied in s. 121.091(3), shall be annually appropriated from the System Trust Fund.

History.-s. 14, ch. 70.112; s. 3, ch. 80.128. 'Note.-Section 3, ch. 80.128, provides that the appropriations authorized in

this subsection are "contingent upon the enactment of sections 3 and 4 of 1980 H.B. 1519, or substantially equivalent legislation." Although H.B. 1519 was not enacted during the 1980 legislative session, C.S. for S.B. 796, which con· tained amendments identical to those of ss. 3 and 4 of H.B. 1519, was enacted.

121.1815 Special pensions to individuals; ad­ministration of laws by Department of Adminis­tration.-All powers, duties, and functions related to the administration of laws providing special pen­sions to individuals, including chapter 18054, Laws of Florida, 1937; chapter 26788, Laws of Florida, 1951, as amended by chapter 57-871, Laws ofFlorida; chapter 26836, Laws of Florida, 1951; and chapter 63-953, Laws of Florida, are vested in the Depart­ment of Administration and shall be assigned to the Division of Retirement. All laws hereinafter enacted by the Legislature pertaining to special pensions for individuals shall be administered by said division, unless contrary provisions are contained in such law. Upon the death of ·any person receiving a monthly pension under this section, the monthly pension . shall be paid through the last day of the month of death and shall terminate on that date, unless contrary provisions are contained in the spe­cial pension law.

s. 121.1815 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 122.08

History.-s. 31, ch. 69-106; s. 4, ch. 71-355; s. 2, ch. 72-295; s. 3, ch. 72-345; s. 1, ch. 75-256; s. 2, ch. 77-124; s. 4, ch. 80-130.

CHAPTER 122

STATE AND COUNTY OFFICERS AND EMPLOYEES' RETIREMENT SYSTEM

122.08 Requirements for retirement; classifica­tions. ·

122.16 Employment after retirement.

122.08 Requirements for retirement; classifi­cations.-There shall be two retirement classifica­tions for all state and county officers and employees participating herein as hereafter provided in this section:

(1) Any state or county officer or employee who has attained normal retirement age, which shall be age 60 for persons who had become a member prior to July 1, 1963, and age 62 for persons who had or shall become a member on or after July 1, 1963, and has accumulated at least 10 years' service in the aggregate within the contemplation of this law, and who has made or makes contributions to the State and County Officers and Employees' Retirement Trust Fund for 5 or more years as prescribed in this law, may voluntarily retire from office or employ­ment and be entitled to receive retirement compen­sation, the amount of which shall be 2 percent for each year of service rendered, based upon the aver­age final compensation, payable in equal monthly installments, upon his own requisition. Requisition requirements shall be set by the division.

(2)(a) Any state or county officer or employee who has attained the age of 55 or more and has accumulated at least 10 years' service in the aggre­gate within the contemplation of this law and who has made or makes contributions to the State and County Officers and Employees' Retirement Trust Fund for 5 or more years as prescribed by this law but who is not eligible to retire in accordance with subsection (1) may elect to retire and receive a re­duced benefit, which would be the actuarial equiva­lent of the benefits provided in subsection (1).

(b) Any county officer or employee who has served as sheriff or a full-time· deputy sheriff for the last 10 years or more of his employment and has attained the age of 50 or more and accumulated at least 10 years' service in the aggregate within the contemplation of this law, and who has made or makes contributions to the State and County Offi­cers and Employees' Retirement Trust Fund for 5 or more years, as prescribed by this law, but who is not eligible to retire in accordance with subsection (1), may elect to retire and receive a reduced benefit, which would be the actuarial equivalent ofthe bene­fits provided in subsection (1).

(3) Any state or county officer or employee shall have the right at any time prior to receipt of his first monthly installment of retirement compensation to elect to receive a reduced retirement compensation with the provision that if such officer or employee dies after retirement compensation installments

97

have commenced the excess if any of his total contri­butions made to the retirement trust fund, without interest, over the total retirement compensation re­ceived by him shall be paid in accordance with the beneficiary designation of this law. The amount of such reduced retirement compensation shall be the actuarial equivalent of the amount· of such retire­ment compensation otherwise payable to him.

(4) Any state or county officer or employee shall have the right at any time prior to receipt of his or her first monthly installment of retirement compen­sation to elect to receive a reduced retirement com­pensation with the provision that the surviving spouse shall continue to draw such reduced retire­ment compensation, or one-half thereof if so desig­nated, so long as such spouse shall live. The amount of such reduced retirement compensation shall be the actuarial equivalent of the amount of such re­tirement compensation otherwise payable to such officer or employee. Any state or county officer or employee who becomes eligible for retirement and continues to hold office or be employed shall be con­strued to have selected the option herein which will afford the surviving spouse the greatest amount of benefits. Should such officer or employee die before retiring, his surviving spouse shall. be entitled tore­ceive either the accumulated contributions of such officer or employee at the date of death or the re~ duced retirement compensation to which the surviv­ing spouse would have been entitled under such op­tion, calculated on the assumption that such officer or employee retired on the date of his death; provid­ed, that for all those persons who become members of the retirement system on or after July 1, 1963, the amount of retirement compensation otherwise paya­ble to the member at his date of death shall be deter­mined on the basis of a retirement age of 62 years. Any officer or employee shall have the right at the time of retirement to change the option so provided; and, should the option be changed or not at the time of retirement, such option shall be effective immedi­ately upon retirement and thereafter may not be revoked.

(5) Tables for computing the actuarial equiva­lent shall be approved by the division.

(6) Any person retiring under the disability pro­vision of this chapter shall not be entitled to the options of subsection (4).

(7) No state or county official or employee who has a shortage in his accounts, as certified by the auditor general, may retire or receive any benefits under this .chapter so long as such shortage exists.

(8) Any member of the retirement system whose rights have been preserved under s. 122.01(3) and who has had 30 years of service may exercise the option provided for in subsection (4) as it applies to persons who are eligible for normal retirement bene­fits.

(9) Notwithstanding any other provision in this chapter to the contrary, the following provisions shall apply to any officer or employee who has accu­mulated at least 10 years of service and dies;

(a) If the deceased member's surviving spouse has previously received a refund of the member's contributions made to the retirement trust fund, such spouse may pay to the division an amount equal

s. 122.08 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 123.07

to the sum of the amount of the deceased member's contributions previously refunded and interest at 3 percent compounded annually on the amount of such refunded contributions from the date of refund until July 1, 1975, and thereafter at -the rate of 6.5 percent interest compounded annually to the date of payment to the division, and by so doing be entitled to receive the monthly retirement benefit provided in paragraph (c).

(b) If the deceased member's surviving spouse has not received a refund of the deceased member's contributions, such spouse shall, upon application to the division, receive the monthly retirement benefit provided in paragraph (c).

(c) The monthly benefit payable to the spouse described in paragraph (a) or paragraph (b) shall be the amount which would have been payable to the deceased member's spouse, assuming that the mem­ber retired on the date of his death and had selected the option in subsection (4) which would afford the surviving spouse the greatest amount of benefits, such benefit to be based on the ages of the spouse and member as ofthe date of death of the member. Such benefit shall commence on the first day of the month following the payment of the aforesaid amount to the division, if paragraph (a) is applicable, or on the first day of the month following the receipt of the spouse's application by the division, if paragraph (b) is applicable.

(10) Upon the death of a retired member or bene­ficiary receiving monthly benefits under this chap­ter, the monthly benefits shall be paid through the last day of the month of death and shall terminate, or be adjusted, if applicable, as of that date in accord­ance with the optional form of benefit selected at the time of retirement. · '

History.-s. 9, ch. 29801, 1955; sa. 3-5, ch. 57-363; s. 1, ch. 57-210; s. 1, ch. 59-465; s. 2, ch. 61-119; s. 4, ch. 63-555; sa. 1, 2, 8, ch. 65-484; s. 8, ch. 69-82; sa. 31, 35, ch. 69-106; s. 1, ch. 69-132; s. 1, ch. 72-330; sa. 6, 10, ch. 74-328; s. 5, ch. 80-130.

122.16 Employment after retirement.-(!) Any person who is retired under this chapter,

except under the disability retirement provisions of ss. 122.09 and 122.34, may be employed by an em­ployer that does not participate in a state-adminis­tered retirement system and may receive compensa­tion from such employment without limiting or re­stricting in any way the retirement benefits payable to such person.

(2)(a) Any person retired under this chapter, ex­cept under the disability retirement provisions of ss. 122.09 and 122.34, may be employed by an employer that participates in a state-administered. retirement system and may receive compensation from such employment and retirement benefits at the same time, so long as the employment does not exceed 600 hours each calendar year, or the compensation earned in such employment does not exceed $4,000 each calendar year, whichever limitation permits the longer employment. However,. such limitation shall not apply to a person age 65 or older.

(b) Any person to whom the limitation of para­graph (a) applies who will exceed such limitation shall give timely notice of this fact in writing to his employer and to the division and shall advise both of the date on which he will exceed the limitation. The division shall suspend such retired person's benefits

98

for the remainder of the calendar year during which he continues employment in excess of the limitation of paragraph (a). ppon commencement of the next calendar year, the division.,shall resume payment of the retired person's benefits until he again exceeds the employment limitation of paragraph (a), at which time his benefits shall again be suspended for the remainder of the calendar year. Should such per­son fail to provide timely notice of his employment in excess of the limitation to the division, and should. he receive and retain both benefits and compensa­tion in excess of the limitation of paragraph (a), the division shall suspend his retirement benefits until he has repaid to the retirement trust fund all bene­fits received after the limitation was reached.

(c) The employment by· an employer of any re­tiree of:any state-administered retirement system shall have· no effect on the average fmal compensa­tion or years of creditable service of such retiree, nor shall any deductions or contributions for retirement be made from or for the compensation. received by such retiree with respect to such employment.

(d) Notwithstanding the provisions of paragraph (a), any retired person who is employed by an em­ployer under the system within 1 calendar month of retirement shall forfeit his right to_ benefits during that month. .

(e) The limitations of this subsection shall apply to reemployment in any capacity with an employer as defined in s. 121.021(10), irrespective of the cate­gory of funds from_ which the person is compensated.

History.-s. 17, ch. 29801, 1955; s. 6, ch. 57-364; s. 1, ch. 57-803; s. 1, ch. 57-1982; s. 2, ch. 61-119; s. 8, ch. 65-484; sa. 31, 35, ch. 69-106; s. 1, ch. 72-335; s. 3, ch. 72-345; s. 3, ch. 80-126.

CHAPTER 123

SUPREME COURT JUSTICES, DISTRICT COURTS OF APPEAL JUDGES, AND

CIRCUIT JUDGES RETIREMENT 'SYSTEM

'I

123.07 Reduced retirement benefits with excess to l:>eneficiary.

123.07 Reduced retirement benefits with ex­cess to beneficiary.-

(!) Any Supreme Court Justice, district court of appeal judge, or circuit judge shall have the right at any time prior to receipt of his or her first monthly installment of retirement compensation to elect to receive a reduced retirement compensation with the provision that the surviving spouse shall continue to draw such reduced retirement compensation (or one­half thereof if so designated) so long as he or she shall live. The amount of such reduced retirement compensation shall be the actuarial equivalent of the amount of such retirement otherwise -payable to such Supreme Court Justice, district court of appeal judge or circuit judge.

(2) Any Supreme Court Justice, district court of appeal.judge, or circuit judge shall have the right at the time of retirement but prior to receipt of his first monthly installment of retirement compensation to elect to receive a reduced retirement compensation

s. 123.07 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 123.07

with the provision that if such justice or judge dies after retirement compensation installments hav'e commenced, the excess, if any, of his total contribu­tions made to the retirement trust fund, without interest, over the total retirement compensation re­ceived by him shall be paid in accordance with the beneficiary designated in the office of the Division of Retirement of the Department of Administration or, in the absence of such designation to his lawful heirs. The amount of such reduced retirement compensa­tion shall be the actuarial equivalent of the amount of such retirement compensation otherwise payable to him.

(3) Any Supreme Court Justice, district court' of appeal judge, or circuit judge who becomes eligible for retirement may select one of the options provided in this section and continue.to hold office or be em­ployed. Should such Supreme Court Justice, district court of appeal judge, or circuit judge·die before re­tiring, his surviving spouse shall be entitled to re­ceive either the .accumulated contributions of such Supreme Court Justice, district court of appeal judge, or circuit judge at the date of death or the reduced retirement compensation to which the sur­viving spouse would have been entitled to under such option, calculated on the assumption that such Supreme Court Justice, district court of appeal judge, or circuit judge retired 'on his date of death. Any Supreme Court Justice, district court of appeal judge, or. circuit judge shall· have the right at any time prior to actually retiring to change the option selected. The selection of an option under this sec­tion will become effective immediately after date of selection. Provided further that should the option be changed at the time of retirement, such option shall become effective immediately upon retir.ement.

(4) Tables for computing the actuarial equiva­lent shall be approved by the division.

(5) Any Supreme Court Justice, district court of appeal judge, or circuit judge who becomes eligible to make a selection of an option for the benefit of sur­viving spouse shall be construed to have selected the option as provided in said section which will afford the surviving spouse the greatest amount of benefit.

(6) Any Supreme Court Justice, district court of appeal judge, or circuit judge who becomes eligible to retire and has accumulated the maximum benefit of 100 percent of average final compensation may con­tinue in active service and, if upon his or her retire­ment he or she eleGts to receive a reduced retirement compensation pursuant to subsection (1), the actuar­ial· equivalent percentage factor applicable to the age of such justice or judge at the time he or she reached said maximum benefit and applicable to the age at said time of his or her spouse shall determine the amount ofbenefits to be paid; provided, however, that should such justice or judge marry or remarry between the time of reaching said maximum benefit and his or her retirement, the actuarial equivalent factor applicable to his or her age at the time of such marriage or remarriage and applicable to the age at said time of his or her spouse shall determine the amount ofbenefits to be paid. Average final compen­sation shall be computed from the date of retire­ment.

(7) Notwithstanding any other provisions in this

99

chapter to the contrary, if any member who has ac­cumulated at least 10 years of service dies, the fol­lowing provisions shall apply:

(a) If the deceased member's surviving spouse has previously received a refund of the member's accumulated contributions made to the retirement trust fund, such spouse may pay to the Division of Retirement an amount equal to the sum of the amount of the deceased member's accumulated con­tributions previously refunded and interest at 3 per­cent compounded annually until July 1, 1975, and thereafter 6.5 percent interest compounded annual­ly, on- the amount of such refunded contributions from the date of refund to the date of payment to the division and receive the monthly retirement benefit provided in paragraph (c).

(b) If the deceased member's surviving spouse has not received a refund of the deceased member's contributions, such spouse shall, upon application to the division within 30 days of the death of the mem­ber, receive the monthly retirement benefit provided in paragraph (c).

(c) The monthly benefit payable to the spouse described in paragraph (a) or paragraph (b) shall be the actuarial equivalent of the amount which would have been payable to the deceased member's spouse, assuming that the member retired on the date of his death and had selected the option in this section which would afford the surviving spouse the greatest amount of benefits, such benefit to be based on the ages of the spouse and member as of the date of death of the member. Such benefit shall commence on the first day of the month following the payment of the aforesaid amount to the division, if paragraph (a) is applicable, or on the first day of the month following the receipt of the spouse's application · by the divi­sion, if paragraph (b) is applicable.

(8) The surviving spouse or other dependent of any member whose employment is terminated by death shall, upon application to the director ofthe Division ofRetirement of the Department of Admin­istration, be permitted to pay the required contribu­tions for any service performed by the member which could have been claimed by the member at the time of his death. Such service shall be added to the creditable service of the member and shall be used in the calculation of any benefits which may be paya­ble to the surviving spouse or other surviving de­pendent.

(9) Upon the death of a retired member or benefi­ciary receiving monthly benefits under this chapter, the monthly benefits shall be paid through the last day ofthe month of death and shall terminate, or be adjusted, if applicable, as of that· date in accordance with the optional form of benefit selected at the time of retirement.

Hlstory.-s. 7, ch. 29838, 1955; s. 7, ch. 57-422; s. 3, ch. 59-233; s. 2, ch. 61-119; s. 1, ch. 67-208; s. 1, ch. 69-131; ss. 31, 35, ch. 69-106; s. 1, ch. 70-382; s. 3, ch. 72-334; s. 3, ch. 72-345; s. 9, ch. 74-328; s. 6, ch. 80-130.

-·

s~ 125.01 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 125.01

125.01 125.0101

125.0104

125.0106

125.42

CHAPTER 125

COUNTY GOVERNMENT

PART I

COUNTY COMMISSIONERS; POWERS AND DUTIES

Powers and duties. County may contract to provide services

to municipalities and special districts. Tourist development tax; procedure for

levying; authorized uses; referendum; enforcement.

Floating residential struCtures; ordi­nances restricting construction author-ized. ·

Water, sewage, gas, power, telephone, other utility, and television lines along county roads and highways.

125.01 Powers and duties.-(1) The legislative and governing body of a coun­

ty shall have the power to carry on county govern­ment. To the extent not inconsistent with general or special law, this power shall include, but shall not be restricted to, the power to:

· (a) Adopt its own rules of procedure, select its officers, and set the time and place of its official meetings.

(b) Provide for the prosecution and defense ofle­gal causes in behalf of the county or state and retain counsel and set their compensation.

(c) Provide and maintain county buildings. (d) Provide fire protection. (e) Provide hospitals, ambulance service, and

health and welfare programs. (f) Provide parks, preserves, playgrounds, recre­

ation areas, libraries, museums, historical commis­sions, and other recreation and cultural facilities and programs.

(g) Prepare and enforce comprehensive plans for the development of the county. ·

(h) Establish, coordinate, and enforce zoning and such business regulations as are necessary for the protection of the public.

(i) Adopt, by reference or in full, and enforce building, housing, and related technical codes and regulations.

(j) Establish and administer programs of hous­ing, slum clearance, community redevelopment, con­servation, flood and beach erosion control, air pollu­tion control, and navigation and drainage, and coop­erate with governmental agencies anc;l private enter­prises in the development and operation of such pro­grams ..

(k) Provide and regulate waste and sewage col­lection and disposal, water supply, and conservation programs.

(l) Provide and operate air, water, rail, and bus terminals, port facilities, and public transportation systems.

(m) Provide and regulate arterial, toll, and other roads, bridges, tunnels and related facilities; elimi­nate grade crossings; provide and regulate parking

facilities; and develop and enforce plans for the con­trol of traffic and parking.

(n) License and regulate taxis, jitneys, limou­sines for hire, rental cars, and other passenger vehi­cles for hire operating in the unincorporated areas of the county.

(o) Establish and enforce regulations for the sale of alcoholic beverages in the unincorporated areas of the county pursuant to general law.

(p) Enter into agreements with other govern­mental agencies within or outside the boundaries of the county for joint performance, or performance by one unit in behalfofthe other, of any of either agen­cy's authorized functions.

(q) Establish, and subsequently merge or abolish those created hereunder, municipal service taxing or benefit units for any part or all of the unincorpo­rated area of the county, within which may be pro­vided fire protection, law enforcement, beach ero, sion control, recreation service and facilities, water, streets, sidewalks, street lighting, garbage and trash collection and disposal, waste and sewage collection and disposal, drainage, transportation, and other es­sential facilities and municipal services from funds derived from service charges, special assessments, or taxes within such unit only. It is hereby declared to be the intent of the Legislature that this paragraph is the authorization for all counties to levy addition­al taxes, within the limits fixed for municipal pur­poses, within such municipal service taxing units under the authority of the second sentence ofs. 9(b), Art. VII of the State Constitution.

(r) Levy and collect taxes, both for county pur­poses and for the providing of municipal services within any municipal service taxing unit, and spe­cial assessments, borrow and expend money, and is­sue bonds, revenue certificates, and other obliga­tions of indebtedness, which power shall be exercised in such manner, and subject to such limitations, as may be provided by general law. There shall be no referendum required for the levy by a county of ad valorem taxes, both for county purposes and for the providing of municipal services within any munici-pal service taxing unit. .

(s) Make investigations of county affairs; inquire into accounts, records, and transactions of any coun­ty department, office, or officer; and, for these pur­poses, require reports from any county officer or em­ployee and the production of official records.

(t) Adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accord­ance with law.

(u) Create civil service systems and boards. (v) Require every county official to submit to it

annually, at such time as it may specify, a copy ofhis operating budget for the succeeding fiscal year.

(w) Perform any other acts not inconsistent with . law which are in the common interest of the people of the county, and exercise all powers and privileges not specifically prohibited by law.

(x) Employ an independent accounting firm to audit any funds, accounts, and financial .records of the county and its agencies and governmental subdi­visions. Not less than five copies of each complete audit report, with accompanying documents, shall

100