Senate Bill sb1950

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    Florida Senate - 2004                                  SB 1950

    By Senator Campbell





    32-881B-04

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; amending s. 121.0515, F.S.; providing

  4         membership in the Special Risk Class for

  5         employees of a law enforcement agency or

  6         medical examiner's office whose duties include

  7         collecting, examining, preserving, documenting,

  8         preparing, or analyzing physical evidence or

  9         testimony as expert witnesses; providing

10         retroactive applicability; providing an

11         effective date.

12  

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

14  

15         Section 1.  Subsection (2) of section 121.0515, Florida

16  Statutes, is amended to read:

17         121.0515  Special risk membership.--

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

19  risk member, must meet the following criteria:

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

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

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

23  police chiefs shall be excluded from meeting the certification

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

25  duties and responsibilities must include the pursuit,

26  apprehension, and arrest of law violators or suspected law

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

28  disposal unit whose primary responsibility is the location,

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

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

31  members who have such responsibilities; provided, however,

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    Florida Senate - 2004                                  SB 1950
    32-881B-04




 1  administrative support personnel, including, but not limited

 2  to, those whose primary duties and responsibilities are in

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

 4  included;

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

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

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

 8  a local government employer or an agency of state government

 9  with firefighting responsibilities. In addition, the member's

10  duties and responsibilities must include on-the-scene fighting

11  of fires, fire prevention, or firefighter training; direct

12  supervision of firefighting units, fire prevention, or

13  firefighter training; or aerial firefighting surveillance

14  performed by fixed-wing aircraft pilots employed by the

15  Division of Forestry of the Department of Agriculture and

16  Consumer Services; or the member must be the supervisor or

17  command officer of a member or members who have such

18  responsibilities; provided, however, administrative support

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

20  duties and responsibilities are in accounting, purchasing,

21  legal, and personnel, shall not be included and further

22  provided that all periods of creditable service in fire

23  prevention or firefighter training, or as the supervisor or

24  command officer of a member or members who have such

25  responsibilities, and for which the employer paid the special

26  risk contribution rate, shall be included;

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

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

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

30  primary duties and responsibilities must be the custody, and

31  physical restraint when necessary, of prisoners or inmates

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    Florida Senate - 2004                                  SB 1950
    32-881B-04




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

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

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

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

 5  provided, however, administrative support personnel,

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

 7  responsibilities are in accounting, purchasing, legal, and

 8  personnel, shall not be included; however, wardens and

 9  assistant wardens, as defined by rule, shall participate in

10  the Special Risk Class;

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

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

13  emergency medical technician or a paramedic and be certified

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

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

16  emergency medical care or direct supervision of emergency

17  medical technicians or paramedics, or the member must be the

18  supervisor or command officer of one or more members who have

19  such responsibility.  However, administrative support

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

21  responsibilities are in accounting, purchasing, legal, and

22  personnel, shall not be included;

23         (e)  The member must be employed as a community-based

24  correctional probation officer and be certified, or required

25  to be certified, in compliance with s. 943.1395.  In addition,

26  the member's primary duties and responsibilities must be the

27  supervised custody, surveillance, control, investigation, and

28  counseling of assigned inmates, probationers, parolees, or

29  community controllees within the community; or the member must

30  be the supervisor of a member or members who have such

31  responsibilities. Administrative support personnel, including,

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    Florida Senate - 2004                                  SB 1950
    32-881B-04




 1  but not limited to, those whose primary duties and

 2  responsibilities are in accounting, purchasing, legal

 3  services, and personnel management, shall not be included;

 4  however, probation and parole circuit and deputy circuit

 5  administrators shall participate in the Special Risk Class; or

 6         (f)  The member must be employed in one of the

 7  following classes and must spend at least 75 percent of his or

 8  her time performing duties which involve contact with patients

 9  or inmates in a correctional or forensic facility or

10  institution:

11         1.  Dietitian (class codes 5203 and 5204);.

12         2.  Public health nutrition consultant (class code

13  5224);.

14         3.  Psychological specialist (class codes 5230 and

15  5231);.

16         4.  Psychologist (class code 5234);.

17         5.  Senior psychologist (class codes 5237 and 5238);.

18         6.  Regional mental health consultant (class code

19  5240);.

20         7.  Psychological Services Director--DCF (class code

21  5242);.

22         8.  Pharmacist (class codes 5245 and 5246);.

23         9.  Senior pharmacist (class codes 5248 and 5249);.

24         10.  Dentist (class code 5266);.

25         11.  Senior dentist (class code 5269);.

26         12.  Registered nurse (class codes 5290 and 5291);.

27         13.  Senior registered nurse (class codes 5292 and

28  5293);.

29         14.  Registered nurse specialist (class codes 5294 and

30  5295);.

31         15.  Clinical associate (class codes 5298 and 5299);.

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    Florida Senate - 2004                                  SB 1950
    32-881B-04




 1         16.  Advanced registered nurse practitioner (class

 2  codes 5297 and 5300);.

 3         17.  Advanced registered nurse practitioner specialist

 4  (class codes 5304 and 5305);.

 5         18.  Registered nurse supervisor (class codes 5306 and

 6  5307);.

 7         19.  Senior registered nurse supervisor (class codes

 8  5308 and 5309);.

 9         20.  Registered nursing consultant (class codes 5312

10  and 5313);.

11         21.  Quality management program supervisor (class code

12  5314);.

13         22.  Executive nursing director (class codes 5320 and

14  5321);.

15         23.  Speech and hearing therapist (class code 5406); or

16         24.  Pharmacy manager (class code 5251);.

17         (g)  The member must be employed as a youth custody

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

19  compliance with s. 943.1395. In addition, the member's primary

20  duties and responsibilities must be the supervised custody,

21  surveillance, control, investigation, apprehension, arrest,

22  and counseling of assigned juveniles within the community; or.

23         (h)  The member must be employed by a law enforcement

24  agency or medical examiner's office. The member's primary

25  duties and responsibilities must include the collection,

26  examination, preservation, documentation, preparation, or

27  analysis of physical evidence or testimony, or both, as an

28  expert witness in legal proceedings, or the member must be the

29  direct supervisor, quality management supervisor, or command

30  officer of one or more individuals with such responsibility.

31  Administrative support personnel, including, but not limited

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    Florida Senate - 2004                                  SB 1950
    32-881B-04




 1  to, those whose primary responsibilities are clerical or in

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

 3  included. This paragraph shall apply retroactively to January

 4  1, 1974.

 5         Section 2.  This act shall take effect October 1, 2004.

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 7            *****************************************

 8                          SENATE SUMMARY

 9    Makes employees of a law enforcement agency or medical
      examiner's office whose duties include collecting,
10    examining, preserving, documenting, preparing, or
      analyzing physical evidence or testimony, or both, as
11    expert witnesses in legal proceedings members of the
      Special Risk Class of the Florida Retirement System.
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