Resolution 091-2024 RESOLUTION NO. 091 -2024
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
APPROVING AND RATIFYING MONROE COUNTY
ADMINISTRATIVE INSTRUCTION 4715.6, SETTING POLICY
REGARDING THE MONROE COUNTY POST-EMPLOYMENT
VOLUNTEER PROGRAM, IN ORDER TO COMPLY WITH
SECTION 121.091(15), FLORIDA STATUTES.
WHEREAS, in 2023, the Florida legislature enacted Chapter 2023-316, Laws of Florida,
which amended F.S. 121.021 in order to provide that a person who has retired from FRS
may provide volunteer services to an FRS employer within the first twelve (12) months
following retirement without violating Florida statutes and an IRS regulation requiring
termination from employment; and
WHEREAS, Ch. 2023-316, L.O.F., also provides that FRS employers may
establish post-employment volunteer programs to allow retirees to provide civic,
charitable and humanitarian services during the first 12 months following retirement
without causing the retiree to violate the "full termination" requirements in F.S.
121.021 and 26 C.F.R. § 1.409A-I(h)(1)(ii); and
WHEREAS, Monroe County Administrative Instruction 4715.6 (Attachment 1) sets
forth procedures for utilizing services from persons who wish to contribute their time and
energies as volunteers for Monroe County; and
WHEREAS, Administrative Instruction 4715.6 states that any Florida Retirement System
(FRS) retirees who wish to volunteer with Monroe County must adhere to the guidelines
established by Section 121.091(15), Florida Statutes, laid out in Enclosure 2 to the
Administrative Instruction; and
WHEREAS, in order to comply with F.S. 121.091(15), which requires the FRS employer to
establish the post-employment volunteer program, staff requests approval and ratification of
Administrative Instruction 4715.6 by the Board of County Commissioners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, THAT:
1. Administrative Instruction 4715.6, as it may be amended from time to time, is hereby
approved and ratified by the Board of County Commissioners. The provisions of the
Administrative Instruction that apply to FRS retirees, including the requirements set forth
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in Enclosure(2)to the administrative Instructions, are hereby established as the post-
employment volunteer program for Monroe County.
2. The Monroe County Employee Services Department is hereby directed to generate the
appropriate forms and procedure in order to comply with F.S. 121.091(15)(g) as applied to
Monroe County, which states that the FRS employer is required to maintain adequate
records to document adherence to the criteria listed in F.S. 121.091(15)(a)-(f), and to make
the records available upon request to the State Department of Management Services and
the State Board of Administration.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 21st of February 2024.
Mayor Holly Merrill Raschein Yes
Mayor Pro Tem James K. Scholl Yes
Commissioner Craig Cates Yes
Commissioner Michelle Lincoln Yes
Commissioner David Rice Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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"rm'aq TM BOARD OF COUNTY COMMISSIONERS
r ��IVV aIVIPI� �,
Mayor Craig Cates,District 1
County of Monroe f � Mayor Pro Tem Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
The Floflda Keys James K.Scholl,District 3
David Rice,District 4
The Historic GATO Cigar Factory
1100 Simonton Street, 2nd Floor
Key West, FL 33040
OFFICE of the COUNTY ADMINISTRATOR
Key West, Florida
MONROE COUNTY ADMINISTRATIVE INSTRUCTION 4715.6
Date: July 14, 2023
Subject: Professional Volunteer in County Service
Reference: (A) Chapter 110 Florida Statutes
(B) Chapter 121.091 Florida Statutes
Enclosure: (1) Monroe County Volunteer Application Form
(2) Florida Retirement System Volunteer Services Outline
Effective Date: Immediately
(1) Background: There are most probably many people residing in Monroe County possessing specialized
skills and expertise who could be motivated to make voluntary contributions of their time and energies for
the public good. It is therefore incumbent upon the County Administration to establish plans and
procedures to develop meaningful opportunities for volunteers to participate in Monroe County programs
and activities.The established plans and procedures will include provisions for utilizing services from
Florida Retirement System volunteers as outlined in Section 121.091(15), Florida Statutes, adopted and
made effective July 1, 2023.
(2) Purpose: To establish a program for the identification, recruitment,training, and utilization of
volunteers to assist in programs and projects falling within the purview of the County Administrator.
(3) Cancellation: This instruction is to remain continuously in effect unless specifically revised or
canceled.
(4) Instructions:
A. Enclosure (1) is to be utilized for identifying and recording all prospective Monroe County Civic
Volunteer Corps members.
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(5) Action:
A. All employees are requested to actively recruit prospective private citizens for the Civic
Volunteer Corps.
B. Enclosure (1) is to be completed for all identified volunteers and maintained by the
participating departments.
C. Volunteers may be subject to background checks and DL Checks.
D. Any Florida Retirement System retirees who wish to volunteer with Monroe County must
adhere to the guidelines established in Enclosure (2)which references Section 121.091,
Florida Statutes.
E. Department Heads shall notify Human Resources to conduct a search of registration
information regarding sexual predators and sexual offenders before placing the individual in a
position to volunteer at a park, playground, daycare center, or other place where children
regularly congregate to comply with Florida Statute 943.04351.
F. Monroe County is a Drug-Free Workplace and volunteers are subject to the Monroe County
Drug-Free Workplace Policy and Work rules.
G. It is anticipated that volunteers will usually provide for their own transportation and per diem
expenses. However,there may be circumstances where this would have a negative impact
upon the volunteer's capability to give of their personal services to the County.
H. Departments currently utilizing volunteers are Airports, County Libraries, Nutrition Services,
Parks and Beaches, and Extension Services in various capacities.
Every Department that wishes to provide incidental reimbursement for transportation costs,
lodging, and subsistence, as the department deems necessary to assist volunteers in performing
their functions must obtain prior approval from the County Administrator/Assistant County
Administrator. Such reimbursements, if approved, must comply with the provisions of Florida
Statutes 110.504 and the Monroe County Code.
Roman Gastesi,
County Administrator
Distribution: List VI
Originator: DHR
Review: 7/14/2026
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MCA Inst 4715.6
July 14,2023
Enclosure(1)
County of Monroe '
The Florida Keys
MONROE COUNTY VOLUNTEER APPLICATION FORM
Name: Date:
Add ress/city/state/zip:
Home phone: Cell phone:
Email: SSN:
Your social security number is requested for the purpose of payroll eligibility verification,processing employment benefits,
applicant and employee background checks,and income reporting and will be used solely for those purposes.
Volunteer position: County Department:
Location: Days/Hours Available:
Are any accommodations needed in arranging your assignment? If so, state what accommodations are
requested:
Have you volunteered with Monroe County before? If so, in which department, dates?
VOLUNTEERS MAY BE SUBJECT TO BACKGROUND CHECKS. MONROE COUNTY IS A DRUG-FREE
WORKPLACE AND VOLUNTEERS ARE SUBJECT TO THE MONROE COUNTY DRUG-FREE WORKPLACE
POLICY AND RULES OF WORK. BY SIGNING BELOW,THE APPLICANT CERTIFIES THAT THE APPLICANT
HAS RECEIVED A COPY OF THE DRUG-FREE WORKPLACE POLICY AND WILL ABIDE BY THE POLICY.
Signature Date
Do you have transportation? ❑ Yes ❑ No
Will you be driving as part of your volunteer assignment? ❑Yes ❑ No
Driver License#: Expiration:
Insurance Company: Policy#:
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INSURANCE AGREEMENT
I, , understand that if I use my personal auto in my
volunteer service, I will arrange to keep in effect automobile insurance equal to the minimum limits
required by the State of Florida. I also understand that any accident medical coverage supplied to me will
be in excess of any available Medicare or group health insurance program in force.
Signature Date
EMERGENCY CONTACT
Name:
Relationship to volunteer:
Add ress/city/state/zi p:
Home phone: Cell phone:
I designate
as my beneficiary for any accidental death benefits available to me.
Relationship to beneficiary:
Add ress/city/state/zi p:
Home phone: Cell phone:
1, , understand and acknowledge that I am giving my time, skills,
and services as a volunteer and I am not an employee, official, or representative of the Monroe County
Board of County Commissioners. I further acknowledge that I may not be entitled to any stipend,
compensation, benefits, or other rights applicable to Monroe County employees. I understand that the
County can terminate my status as a volunteer at any time for any reason. Acting as a volunteer does not
create an expectation of future employment.
Signature Witness
Date Date
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DEPARTMENT HEADS SHALL NOTIFY HUMAN RESOURCES TO CONDUCT A SEARCH OF REGISTRATION
INFORMATION THROUGH THE DRU SJODIN NATIONAL SEXUAL OFFENDER PUBLIC WEBSITE
MAINTAINED BY THE UNITED STATES DEPARTMENT OF JUSTICE BEFORE PLACING THE INDIVIDUAL IN A
POSITION TO VOLUNTEER AT A PARK, PLAYGROUND, DAY CARE CENTER OR OTHER PLACE WHERE
CHILDREN REGULARLY CONGREGATE TO COMPLY WITH FLORIDA STATUTE 943.04351.
DEPARTMENT HEADS SHALL ALSO NOTIFY HUMAN RESOURCES IF ANY ADDITIONAL BACKGROUND
CHECKS MAY BE NEEDED, E.G.,LEVEL II SCREENING FOR VOLUNTEERS IN AHCA-REGULATED FACILITIES,
F.S.408.809(4).
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MCA Inst 4715.6
July 14,2023
Enclosure(2)
y" BOARD OF COUNTY COMMISSIONERS
County of Monroe ��� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
FLORIDA RETIREMENT SYSTEM VOLUNTEER SERVICES
Effective July 1, 2023 Subsection (15) is added to section 121.091, Florida Statutes, to read:
VOLUNTEER SERVICES. —Employers may establish post-employment volunteer programs to
allow retirees to provide civic, charitable, and humanitarian services during the first 12 calendar
months following retirement without causing the retiree to violate the requirement concerning
termination of employment as defined in 26 C.F.R. s. 1.409A-1(h)(1)(ii), provided that the
program meets all of the following criteria:
(a) Before the date of retirement, there was no agreement or understanding between the
employer and the retiree that the retiree would provide any service for the employer.
(b) The employer or a third party may not provide any form of compensation, including any
cash equivalents, to a volunteer for his or her volunteer service.
(c) Except as otherwise provided in law, a volunteer may not be provided any employee
benefits, including health or life insurance benefits. However, a volunteer may be provided
certain perquisites necessary for, and for the limited purpose of, completing tasks associated
with the volunteer program, such as an assigned uniform or the provision of equipment.
(d) The number of volunteer hours per week, including training hours, that the volunteer may
provide is no more than 20 percent of the number of hours that the volunteer was expected to
work per week before his or her date of retirement.
(e)There is a clear distinction between the duties of a volunteer and the duties of an employee.
(f) The schedule of a volunteer, including the number of hours volunteered and the number
and type of assignments for which he or she agrees to volunteer, is controlled by the volunteer.
(g) The employer and the retiree are both required to maintain adequate records to document
adherence to the criteria listed in this subsection. The records must be made available to the
department or state board upon request.