CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS for SB 1132, 1st Eng.
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Wasserman Schultz offered the following:
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13 Amendment (with title amendment)
14 On page 5, line 7,
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16 insert:
17 Section 1. Paragraph (c) is added to subsection (15)
18 of section 121.021, Florida Statutes, 1996 Supplement, to
19 read:
20 121.021 Definitions.--The following words and phrases
21 as used in this chapter have the respective meanings set forth
22 unless a different meaning is plainly required by the context:
23 (15)
24 (c) Effective January 1, 1999, "special risk member"
25 means a member of the Florida Retirement System who is
26 designated as a special risk member by the division in
27 accordance with s. 121.0515. Such member must be employed as
28 a law enforcement officer, a firefighter, a correctional
29 officer, an emergency medical technician, or a paramedic and
30 must meet certain other special criteria as set forth in s.
31 121.0515.
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hbd0001 09:47 am 01132-0097-173747
HOUSE AMENDMENT
Bill No. CS for SB 1132, 1st Eng.
Amendment No. (for drafter's use only)
1 Section 2. Subsections (1) and (2) and paragraph (a)
2 of subsection (7) of section 121.0515, Florida Statutes, are
3 amended to read:
4 121.0515 Special risk membership; criteria;
5 designation and removal of classification; credits for past
6 service and prior service; retention of special risk normal
7 retirement date.--
8 (1) LEGISLATIVE INTENT.--In creating the Special Risk
9 Class of membership within the Florida Retirement System, it
10 is the intent and purpose of the Legislature to recognize that
11 persons employed in certain categories of law enforcement,
12 firefighting, and criminal detention, and emergency medical
13 care positions are required as one of the essential functions
14 of their positions to perform work that is physically
15 demanding or arduous, or work that requires extraordinary
16 agility and mental acuity, and that such persons, because of
17 diminishing physical and mental faculties, may find that they
18 are not able, without risk to the health and safety of
19 themselves, the public, or their coworkers, to continue
20 performing such duties and thus enjoy the full career and
21 retirement benefits enjoyed by persons employed in other
22 positions and that, if they find it necessary, due to the
23 physical and mental limitations of their age, to retire at an
24 earlier age and usually with less service, they will suffer an
25 economic deprivation therefrom. Therefore, as a means of
26 recognizing the peculiar and special problems of this class of
27 employees, it is the intent and purpose of the Legislature to
28 establish a class of retirement membership that awards more
29 retirement credit per year of service than that awarded to
30 other employees; however, nothing contained herein shall
31 require ineligibility for special risk membership upon
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HOUSE AMENDMENT
Bill No. CS for SB 1132, 1st Eng.
Amendment No. (for drafter's use only)
1 reaching age 55.
2 (2) CRITERIA.--A member, to be designated as a special
3 risk member, must meet the following criteria:
4 (a) The member must be employed as a law enforcement
5 officer and be certified, or required to be certified, in
6 compliance with s. 943.1395; however, sheriffs and elected
7 police chiefs shall be excluded from meeting the certification
8 requirements of this paragraph. In addition, the member's
9 duties and responsibilities must include the pursuit,
10 apprehension, and arrest of law violators or suspected law
11 violators; or the member must be an active member of a bomb
12 disposal unit whose primary responsibility is the location,
13 handling, and disposal of explosive devices; or the member
14 must be the supervisor or command officer of a member or
15 members who have such responsibilities; provided, however,
16 administrative support personnel, including, but not limited
17 to, those whose primary duties and responsibilities are in
18 accounting, purchasing, legal, and personnel, shall not be
19 included;
20 (b) The member must be employed as a firefighter and
21 be certified, or required to be certified, in compliance with
22 s. 633.35 and be employed solely within the fire department of
23 the employer or agency of state government. In addition, the
24 member's duties and responsibilities must include on-the-scene
25 fighting of fires or direct supervision of firefighting units,
26 or the member must be the supervisor or command officer of a
27 member or members who have such responsibilities; provided,
28 however, administrative support personnel, including, but not
29 limited to, those whose primary duties and responsibilities
30 are in accounting, purchasing, legal, and personnel, shall not
31 be included; or
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HOUSE AMENDMENT
Bill No. CS for SB 1132, 1st Eng.
Amendment No. (for drafter's use only)
1 (c) The member must be employed as a correctional
2 officer and be certified, or required to be certified, in
3 compliance with s. 943.1395. In addition, the member's
4 primary duties and responsibilities must be the custody, and
5 physical restraint when necessary, of prisoners or inmates
6 within a prison, jail, or other criminal detention facility,
7 or while on work detail outside the facility, or while being
8 transported; or the member must be the supervisor or command
9 officer of a member or members who have such responsibilities;
10 provided, however, administrative support personnel,
11 including, but not limited to, those whose primary duties and
12 responsibilities are in accounting, purchasing, legal, and
13 personnel, shall not be included; however, superintendents and
14 assistant superintendents shall participate in the Special
15 Risk Class; or.
16 (d) The member must be employed by a licensed Advance
17 Life Support (ALS) or Basic Life Support (BLS) employer as an
18 emergency medical technician or a paramedic and be certified
19 in compliance with s. 401.27. In addition, the member's
20 primary duties and responsibilities must include on-the-scene
21 emergency medical care. However, administrative support
22 personnel, including, but not limited to, those whose primary
23 responsibilities are in accounting, purchasing, legal, and
24 personnel shall not be included.
25 (7) RETENTION OF SPECIAL RISK NORMAL RETIREMENT
26 DATE.--
27 (a) A special risk member who is moved or reassigned
28 to a nonspecial risk law enforcement, firefighting, or
29 correctional, or emergency medical care administrative support
30 position with the same agency, or who is subsequently employed
31 in such a position with any law enforcement, firefighting, or
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hbd0001 09:47 am 01132-0097-173747
HOUSE AMENDMENT
Bill No. CS for SB 1132, 1st Eng.
Amendment No. (for drafter's use only)
1 correctional, or emergency medical care agency under the
2 Florida Retirement System, shall earn credit for such service
3 at the same percentage rate as that earned by a regular
4 member. Notwithstanding the provisions of subsection (4),
5 service in such an administrative support position shall, for
6 purposes of s. 121.091, apply toward satisfaction of the
7 special risk normal retirement date, as defined in s.
8 121.021(29)(c), provided that, while in such position, the
9 member remains certified as a law enforcement officer,
10 firefighter, or correctional officer, emergency medical
11 technician, or paramedic; remains subject to reassignment at
12 any time to a position qualifying for special risk membership;
13 and completes an aggregate of 10 or more years of service as a
14 designated special risk member prior to retirement.
15 Section 3. The Legislature finds that a proper and
16 legitimate state purpose is served when employees and retirees
17 of the state and of its political subdivisions, and the
18 dependents, survivors, and beneficiaries of such employees and
19 retirees, are extended the basic protections afforded by
20 governmental retirement systems that provide fair and adequate
21 benefits and that are managed, administered, and funded in an
22 actuarially sound manner, as required by s. 14 of Art. X of
23 the State Constitution and part VII of chapter 112 of the
24 Florida Statutes. Therefore, the Legislature hereby
25 determines and declares that the provisions of this act
26 fulfill an important state interest.
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29 ================ T I T L E A M E N D M E N T ===============
30 And the title is amended as follows:
31 On page 1, line 3,
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HOUSE AMENDMENT
Bill No. CS for SB 1132, 1st Eng.
Amendment No. (for drafter's use only)
1 after Services; insert:
2 amending s. 121.021, F.S.; redefining the term
3 "special risk member"; amending s. 121.0515,
4 F.S.; adding to the Special Risk Class of
5 membership certain emergency medical
6 technicians and paramedics; providing
7 legislative intent;
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