House Bill 3911

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    Florida House of Representatives - 1998                HB 3911

        By Representative Crady






  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; creating the "Keith Ward Act"; amending

  4         s. 121.021, F.S.; including certain

  5         correctional probation officers within the

  6         Special Risk Class of that system; amending s.

  7         121.0515, F.S.; specifying criteria for

  8         inclusion of correctional probation officers in

  9         that class; providing for inclusion of

10         probation and parole circuit and deputy circuit

11         administrators in that class; providing a

12         finding of important state interest; providing

13         an effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Short title.--This act may be cited as the

18  "Keith Ward Act."

19         Section 2.  Paragraph (b) of subsection (15) of section

20  121.021, Florida Statutes, is amended to read:

21         121.021  Definitions.--The following words and phrases

22  as used in this chapter have the respective meanings set forth

23  unless a different meaning is plainly required by the context:

24         (15)

25         (b)  Effective October 1, 1978, "special risk member"

26  means a member of the Florida Retirement System who is

27  designated as a special risk member by the division in

28  accordance with s. 121.0515.  Such member must be employed as

29  a law enforcement officer, a firefighter, or a correctional

30  officer and must meet certain other special criteria as set

31  forth in s. 121.0515.  Effective January 1, 1999, the term

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    Florida House of Representatives - 1998                HB 3911

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  1  "special risk member" also includes any member who is employed

  2  as a correctional probation officer and meets the special

  3  criteria set forth in s. 121.0515(2)(d).

  4         Section 3.  Subsection (2) of section 121.0515, Florida

  5  Statutes, is amended to read:

  6         121.0515  Special risk membership; criteria;

  7  designation and removal of classification; credits for past

  8  service and prior service; retention of special risk normal

  9  retirement date.--

10         (2)  CRITERIA.--A member, to be designated as a special

11  risk member, must meet the following criteria:

12         (a)  The member must be employed as a law enforcement

13  officer and be certified, or required to be certified, in

14  compliance with s. 943.1395; however, sheriffs and elected

15  police chiefs shall be excluded from meeting the certification

16  requirements of this paragraph.  In addition, the member's

17  duties and responsibilities must include the pursuit,

18  apprehension, and arrest of law violators or suspected law

19  violators; or the member must be an active member of a bomb

20  disposal unit whose primary responsibility is the location,

21  handling, and disposal of explosive devices; or the member

22  must be the supervisor or command officer of a member or

23  members who have such responsibilities; provided, however,

24  administrative support personnel, including, but not limited

25  to, those whose primary duties and responsibilities are in

26  accounting, purchasing, legal, and personnel, shall not be

27  included;

28         (b)  The member must be employed as a firefighter and

29  be certified, or required to be certified, in compliance with

30  s. 633.35 and be employed solely within the fire department of

31  the employer or agency of state government.  In addition, the

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    Florida House of Representatives - 1998                HB 3911

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  1  member's duties and responsibilities must include on-the-scene

  2  fighting of fires or direct supervision of firefighting units,

  3  or the member must be the supervisor or command officer of a

  4  member or members who have such responsibilities; provided,

  5  however, administrative support personnel, including, but not

  6  limited to, those whose primary duties and responsibilities

  7  are in accounting, purchasing, legal, and personnel, shall not

  8  be included; or

  9         (c)  The member must be employed as a correctional

10  officer and be certified, or required to be certified, in

11  compliance with s. 943.1395.  In addition, the member's

12  primary duties and responsibilities must be the custody, and

13  physical restraint when necessary, of prisoners or inmates

14  within a prison, jail, or other criminal detention facility,

15  or while on work detail outside the facility, or while being

16  transported; or the member must be the supervisor or command

17  officer of a member or members who have such responsibilities;

18  provided, however, administrative support personnel,

19  including, but not limited to, those whose primary duties and

20  responsibilities are in accounting, purchasing, legal, and

21  personnel, shall not be included; however, superintendents and

22  assistant superintendents shall participate in the Special

23  Risk Class; or.

24         (d)  The member must be employed as a correctional

25  probation officer and be certified, or required to be

26  certified, in compliance with s. 943.1395.  In addition, the

27  member's primary duties and responsibilities must be the

28  supervised custody, surveillance, control, investigation, and

29  counseling of assigned inmates, probationers, parolees, or

30  community controllees within institutions or the community; or

31  the member must be the supervisor of a member or members who

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    Florida House of Representatives - 1998                HB 3911

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  1  have such responsibilities; provided, however, administrative

  2  support personnel, including, but not limited to, those whose

  3  primary duties and responsibilities are in accounting,

  4  purchasing, legal, and personnel, shall not be included;

  5  however, probation and parole circuit and deputy circuit

  6  administrators shall participate in the Special Risk Class.

  7         Section 4.  The Legislature finds that a proper and

  8  legitimate state purpose is served when employees and retirees

  9  of the state and of its political subdivisions, and the

10  dependents, survivors, and beneficiaries of such employees and

11  retirees, are extended the basic protections afforded by

12  governmental retirement systems that provide fair and adequate

13  benefits and that are managed, administered, and funded in an

14  actuarially sound manner, as required by Section 14 of Article

15  X of the State Constitution and part VII of chapter 112,

16  Florida Statutes. Therefore, the Legislature determines and

17  declares that the provisions of this act fulfill an important

18  state interest.

19         Section 5.  This act shall take effect January 1 of the

20  year following the year in which enacted.

21

22            *****************************************

23                          HOUSE SUMMARY

24
      Creates the "Keith Ward Act" to include correctional
25    probation officers in the Special Risk Class of the
      Florida Retirement System provided they meet prescribed
26    criteria and include probation and parole regional
      administrators in the Special Risk Class.  Provides a
27    finding of important state interest.

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