HB 1341 2003
1	A bill to be entitled
2	An act relating to the Florida Retirement System; amending
3	ss. 121.021 and 121.0515, F.S.; including certain members
4	employed as Federal Aviation Administration-licensed
5	pilots authorized to provide mosquito control services in
6	the special risk class; including licensed practical
7	nurses in the special risk class under certain
8	circumstances; providing exceptions; restoring special
9	risk credit for certain members; providing legislative
10	intent with respect to funding; providing an effective
11	date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Paragraph (f) is added to subsection (15) of
16	section 121.021, Florida Statutes, to read:
17	121.021 Definitions.--The following words and phrases as
18	used in this chapter have the respective meanings set forth
19	unless a different meaning is plainly required by the context:
20	(15)
21	(f) Effective October 1, 2003, the term "special risk
22	member" includes any member employed as a Federal Aviation
23	Administration-licensed pilot by a municipality, county, special
24	district, or state agency authorized to provide mosquito control
25	services whose duties include piloting for the purposes of
26	mosquito control as set forth in s. 121.0515(2)(h).
27	Section 2. Subsections (2) and (8) of section 121.0515,
28	Florida Statutes, are amended to read:
29	121.0515 Special risk membership.--
30	(2) CRITERIA.--A member, to be designated as a special
31	risk member, must meet the following criteria:
32	(a) The member must be employed as a law enforcement
33	officer and be certified, or required to be certified, in
34	compliance with s. 943.1395; however, sheriffs and elected
35	police chiefs shall be excluded from meeting the certification
36	requirements of this paragraph. In addition, the member's duties
37	and responsibilities must include the pursuit, apprehension, and
38	arrest of law violators or suspected law violators; or the
39	member must be an active member of a bomb disposal unit whose
40	primary responsibility is the location, handling, and disposal
41	of explosive devices; or the member must be the supervisor or
42	command officer of a member or members who have such
43	responsibilities; provided, however, administrative support
44	personnel, including, but not limited to, those whose primary
45	duties and responsibilities are in accounting, purchasing,
46	legal, and personnel, shall not be included;
47	(b) The member must be employed as a firefighter and be
48	certified, or required to be certified, in compliance with s.
49	633.35 and be employed solely within the fire department of a
50	local government employer or an agency of state government with
51	firefighting responsibilities. In addition, the member's duties
52	and responsibilities must include on-the-scene fighting of
53	fires, fire prevention, or firefighter training; direct
54	supervision of firefighting units, fire prevention, or
55	firefighter training; or aerial firefighting surveillance
56	performed by fixed-wing aircraft pilots employed by the Division
57	of Forestry of the Department of Agriculture and Consumer
58	Services; or the member must be the supervisor or command
59	officer of a member or members who have such responsibilities;
60	provided, however, administrative support personnel, including,
61	but not limited to, those whose primary duties and
62	responsibilities are in accounting, purchasing, legal, and
63	personnel, shall not be included and further provided that all
64	periods of creditable service in fire prevention or firefighter
65	training, or as the supervisor or command officer of a member or
66	members who have such responsibilities, and for which the
67	employer paid the special risk contribution rate, shall be
68	included;
69	(c) The member must be employed as a correctional officer
70	and be certified, or required to be certified, in compliance
71	with s. 943.1395. In addition, the member's primary duties and
72	responsibilities must be the custody, and physical restraint
73	when necessary, of prisoners or inmates within a prison, jail,
74	or other criminal detention facility, or while on work detail
75	outside the facility, or while being transported; or the member
76	must be the supervisor or command officer of a member or members
77	who have such responsibilities; provided, however,
78	administrative support personnel, including, but not limited to,
79	those whose primary duties and responsibilities are in
80	accounting, purchasing, legal, and personnel, shall not be
81	included; however, wardens and assistant wardens, as defined by
82	rule, shall participate in the Special Risk Class;
83	(d) The member must be employed by a licensed Advance Life
84	Support (ALS) or Basic Life Support (BLS) employer as an
85	emergency medical technician or a paramedic and be certified in
86	compliance with s. 401.27. In addition, the member's primary
87	duties and responsibilities must include on-the-scene emergency
88	medical care or direct supervision of emergency medical
89	technicians or paramedics, or the member must be the supervisor
90	or command officer of one or more members who have such
91	responsibility. However, administrative support personnel,
92	including, but not limited to, those whose primary
93	responsibilities are in accounting, purchasing, legal, and
94	personnel, shall not be included;
95	(e) The member must be employed as a community-based
96	correctional probation officer and be certified, or required to
97	be certified, in compliance with s. 943.1395. In addition, the
98	member's primary duties and responsibilities must be the
99	supervised custody, surveillance, control, investigation, and
100	counseling of assigned inmates, probationers, parolees, or
101	community controllees within the community; or the member must
102	be the supervisor of a member or members who have such
103	responsibilities. Administrative support personnel, including,
104	but not limited to, those whose primary duties and
105	responsibilities are in accounting, purchasing, legal services,
106	and personnel management, shall not be included; however,
107	probation and parole circuit and deputy circuit administrators
108	shall participate in the Special Risk Class; or
109	(f) The member must be employed in one of the following
110	classes and must spend at least 75 percent of his or her time
111	performing duties which involve contact with patients or inmates
112	in a correctional or forensic facility or institution:
113	1. Dietitian (class codes 5203 and 5204).
114	2. Public health nutrition consultant (class code 5224).
115	3. Psychological specialist (class codes 5230 and 5231).
116	4. Psychologist (class code 5234).
117	5. Senior psychologist (class codes 5237 and 5238).
118	6. Regional mental health consultant (class code 5240).
119	7. Psychological Services Director--DCF (class code 5242).
120	8. Pharmacist (class codes 5245 and 5246).
121	9. Senior pharmacist (class codes 5248 and 5249).
122	10. Dentist (class code 5266).
123	11. Senior dentist (class code 5269).
124	12. Registered nurse (class codes 5290 and 5291).
125	13. Senior registered nurse (class codes 5292 and 5293).
126	14. Registered nurse specialist (class codes 5294 and
127	5295).
128	15. Clinical associate (class codes 5298 and 5299).
129	16. Advanced registered nurse practitioner (class codes
130	5297 and 5300).
131	17. Advanced registered nurse practitioner specialist
132	(class codes 5304 and 5305).
133	18. Registered nurse supervisor (class codes 5306 and
134	5307).
135	19. Senior registered nurse supervisor (class codes 5308
136	and 5309).
137	20. Registered nursing consultant (class codes 5312 and
138	5313).
139	21. Quality management program supervisor (class code
140	5314).
141	22. Executive nursing director (class codes 5320 and
142	5321).
143	23. Speech and hearing therapist (class code 5406); or
144	24. Pharmacy manager (class code 5251); or
145	25. Licensed practical nurse (class code ).
146	(g) The member must be employed as a youth custody officer
147	and be certified, or required to be certified, in compliance
148	with s. 943.1395. In addition, the member's primary duties and
149	responsibilities must be the supervised custody, surveillance,
150	control, investigation, apprehension, arrest, and counseling of
151	assigned juveniles within the community.
152	(h) The member must be employed as a Federal Aviation
153	Administration-licensed pilot by a municipality, county, special
154	district, or state agency authorized to provide mosquito control
155	services. The member’s duties must include piloting aircraft for
156	the purpose of mosquito control treatment. However,
157	administrative support personnel, including, but not limited to,
158	those whose primary responsibilities are in accounting, legal,
159	and personnel, shall not be included.
160	(8) RESTORATION OF SPECIAL RISK CREDIT FOR SPECIFIED
161	PERIOD OF EMPLOYMENT.--
162	(a)A special risk member who was removed from the Special
163	Risk Class effective October 1978, for the sole reason that he
164	or she did not possess the required certificate or temporary
165	waiver of certificate, and who obtained certification and was
166	approved for special risk membership on or before June 30, 1982,
167	shall be permitted to have special risk credit restored for that
168	period upon:
169	1.(a)Certification by his or her employer that all
170	requirements for special risk membership except the requirement
171	for certification or temporary waiver of certification were met;
172	and
173	2.(b)Payment of contributions equal to the difference in
174	the contributions that were paid during the period and the
175	contributions required for special risk members during that
176	period, plus 6.5 percent interest thereon, compounded each June
177	30 from date of service until date of payment.
178
179	This credit may be purchased by the member or by the employer on
180	behalf of the member.
181	(b) A special risk member who is or was a law enforcement
182	officer of the Department of Environmental Protection's Division
183	of Recreation and Parks or of the Department of Insurance’s
184	Division of Insurance Fraud or who served in such capacity in a
185	predecessor agency shall have special risk credit restored for
186	an heretofore unrecognized time provided that during that time
187	the member participated in the Florida Retirement System and
188	served as a law enforcement officer with arrest powers. In the
189	event the special risk member has retired or entered the
190	Deferred Retirement Option Program of the Florida Retirement
191	System prior to the effective date of this act, the restored
192	special risk credit shall be applicable to future benefits. In
193	the event such special risk member is deceased, the restored
194	special risk credit shall be applicable to all future benefits
195	received by the member's beneficiaries.
196	Section 3. It is the intent of the Legislature that any
197	additional costs attributable to the upgrade in retirement
198	benefits paid in accordance with the provisions of s. 121.0515,
199	Florida Statutes, as amended by this act shall be funded by the
200	necessary amount from the excess actuarial assets of the Florida
201	Retirement Trust Fund.
202	Section 4. This act shall take effect upon becoming a law.