Senate Bill 2286

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    Florida Senate - 2000                                  SB 2286

    By Senator Mitchell





    4-212A-00

  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 employees

  5         of the Department of Corrections 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.

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

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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         (c)1.  Effective October 1, 1999, "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, a correctional

30  officer, an emergency medical technician, or a paramedic and

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    Florida Senate - 2000                                  SB 2286
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  1  must meet certain other special criteria as set forth in s.

  2  121.0515.

  3         2.  Effective January 1, 2001, the term "special risk

  4  member" also includes any member who is employed as a

  5  correctional probation officer and meets the special criteria

  6  set forth in s. 121.0515(2)(e); and any member who is employed

  7  by the Department of Corrections in one of the following

  8  positions and has daily contact with inmates inside a

  9  correctional facility:

10         a.  Vocational instructor II or III.

11         b.  Education and training specialist.

12         c.  Teacher aide.

13         d.  Library technical assistant.

14         e.  Psychological specialist.

15         f.  Senior psychologist.

16         g.  Pharmacist.

17         h.  Senior pharmacist.

18         i.  Pharmacy manager.

19         j.  Dentist.

20         k.  Senior dentist.

21         l.  Physician.

22         m.  Senior physician.

23         n.  Senior registered nurse.

24         o.  Registered nurse specialist.

25         p.  Clinical associate.

26         q.  Advanced registered nurse practitioner.

27         r.  Registered nurse supervisor.

28         s.  Senior registered nurse supervisor.

29         t.  Pharmacy technician.

30         u.  Senior licensed practical nurse.

31         v.  Medical technologist I or II.

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    Florida Senate - 2000                                  SB 2286
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  1         w.  Medical laboratory manager.

  2         x.  Dental assistant.

  3         y.  Unit treatment and rehabilitation specialist.

  4         z.  Unit treatment and rehabilitation senior supervisor

  5  I.

  6         aa.  Chaplain.

  7         bb.  Chaplain supervisor.

  8         cc.  Senior chaplain.

  9         dd.  Institutional counselor.

10         ee.  Barber/beautician II.

11         ff.  Food service director I or II.

12         gg.  Utilities supervisor-HAC/UP.

13         hh.  Assistant maintenance and construction

14  superintendent-DC.

15         ii.  Maintenance and construction superintendent-DC.

16         jj.  Maintenance and construction superintendent.

17         kk.  Correctional sentence specialist.

18         ll.  Placement and transition specialist-EJT.

19         mm.  Education supervisor I or II-EJT.

20         nn.  Academic teacher-EJT.

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

22  Statutes, is amended to read:

23         121.0515  Special risk membership; criteria;

24  designation and removal of classification; credits for past

25  service and prior service; retention of special risk normal

26  retirement date.--

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

28  risk member, must meet the following criteria:

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

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

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

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    Florida Senate - 2000                                  SB 2286
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  1  police chiefs shall be excluded from meeting the certification

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

  3  duties and responsibilities must include the pursuit,

  4  apprehension, and arrest of law violators or suspected law

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

  6  disposal unit whose primary responsibility is the location,

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

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

  9  members who have such responsibilities; provided, however,

10  administrative support personnel, including, but not limited

11  to, those whose primary duties and responsibilities are in

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

13  included;

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

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

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

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

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

19  fighting of fires or direct supervision of firefighting units,

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

21  member or members who have such responsibilities; provided,

22  however, administrative support personnel, including, but not

23  limited to, those whose primary duties and responsibilities

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

25  be included;

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

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

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

29  primary duties and responsibilities must be the custody, and

30  physical restraint when necessary, of prisoners or inmates

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

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

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

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

  4  provided, however, administrative support personnel,

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

  6  responsibilities are in accounting, purchasing, legal, and

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

  8  assistant superintendents shall participate in the Special

  9  Risk Class; or

10         (d)  The member must be employed by a licensed Advance

11  Life Support (ALS) or Basic Life Support (BLS) employer as an

12  emergency medical technician or a paramedic and be certified

13  in compliance with s. 401.27.  In addition, the member's

14  primary duties and responsibilities must include on-the-scene

15  emergency medical care.  However, administrative support

16  personnel, including, but not limited to, those whose primary

17  responsibilities are in accounting, purchasing, legal, and

18  personnel, shall not be included; or.

19         (e)  The member must be employed as a correctional

20  probation officer and be certified, or required to be

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

22  member's primary duties and responsibilities must be the

23  supervised custody, surveillance, control, investigation, and

24  counseling of assigned inmates, probationers, parolees, or

25  community controllees within institutions of the community; or

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

27  have such responsibilities; provided, however, administrative

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

29  primary duties and responsibilities are in accounting,

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

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    Florida Senate - 2000                                  SB 2286
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  1  however, probation and parole circuit and deputy circuit

  2  administrators shall participate in the Special Risk Class.

  3         Section 4.  The Legislature finds that a proper and

  4  legitimate state purpose is served when employees and retirees

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

  6  dependents, survivors, and beneficiaries of such employees and

  7  retirees, are extended the basic protections afforded by

  8  governmental retirement systems that provide fair and adequate

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

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

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

12  Florida Statutes. Therefore, the Legislature determines and

13  declares that the provisions of this act fulfill an important

14  state interest.

15         Section 5.  This act shall take effect January 1, 2001.

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17            *****************************************

18                          SENATE SUMMARY

19    Creates the "Keith Ward Act" to include correctional
      probation officers and other employees of the Department
20    of Corrections in the Special Risk Class of the Florida
      Retirement System provided they meet prescribed criteria
21    and include probation and parole regional administrators
      in the Special Risk Class.  Provides a finding of
22    important state interest.

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