House Bill 0229
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Florida House of Representatives - 2000 HB 229
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.
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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 (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, 2001, the term
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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. 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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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;
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 by a licensed Advance
25 Life Support (ALS) or Basic Life Support (BLS) employer as an
26 emergency medical technician or a paramedic and be certified
27 in compliance with s. 401.27. In addition, the member's
28 primary duties and responsibilities must include on-the-scene
29 emergency medical care. However, administrative support
30 personnel, including, but not limited to, those whose primary
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1 responsibilities are in accounting, purchasing, legal, and
2 personnel, shall not be included; or.
3 (e) The member must be employed as a correctional
4 probation officer and be certified, or required to be
5 certified, in compliance with s. 943.1395. In addition, the
6 member's primary duties and responsibilities must be the
7 supervised custody, surveillance, control, investigation, and
8 counseling of assigned inmates, probationers, parolees, or
9 community controllees within institutions of the community; or
10 the member must be the supervisor of a member or members who
11 have such responsibilities. However, administrative support
12 personnel, including, but not limited to, those whose primary
13 duties and responsibilities are in accounting, purchasing,
14 legal, and personnel, shall not be included; however,
15 probation and parole circuit and deputy circuit administrators
16 shall participate in the Special Risk Class.
17 Section 4. The Legislature finds that a proper and
18 legitimate state purpose is served when employees and retirees
19 of the state and of its political subdivisions, and the
20 dependents, survivors, and beneficiaries of such employees and
21 retirees, are extended the basic protections afforded by
22 governmental retirement systems that provide fair and adequate
23 benefits and that are managed, administered, and funded in an
24 actuarially sound manner, as required by Section 14 of Article
25 X of the State Constitution and part VII of chapter 112,
26 Florida Statutes. Therefore, the Legislature determines and
27 declares that the provisions of this act fulfill an important
28 state interest.
29 Section 5. This act shall take effect January 1, 2001
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2 HOUSE SUMMARY
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Creates the "Keith Ward Act" to include correctional
4 probation officers in the Special Risk Class of the
Florida Retirement System provided they meet prescribed
5 criteria and include probation and parole regional
administrators in the Special Risk Class. Provides a
6 finding of important state interest.
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