Senate Bill sb0060

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                    SB 60

    By Senator Campbell





    32-37-05

  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         certain employees of a law enforcement agency

  6         or medical examiner's office whose duties

  7         include collecting, examining, preserving,

  8         documenting, preparing, or analyzing physical

  9         evidence; providing a declaration of important

10         state interest; providing an effective date.

11  

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

13  

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

15  Statutes, is amended to read:

16         121.0515  Special risk membership.--

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

18  risk member, must meet the following criteria:

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

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

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

22  police chiefs shall be excluded from meeting the certification

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

24  duties and responsibilities must include the pursuit,

25  apprehension, and arrest of law violators or suspected law

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

27  disposal unit whose primary responsibility is the location,

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

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

30  members who have such responsibilities; provided, however,

31  administrative support personnel, including, but not limited

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                    SB 60
    32-37-05




 1  to, those whose primary duties and responsibilities are in

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

 3  included;

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

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

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

 7  a local government employer or an agency of state government

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

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

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

11  supervision of firefighting units, fire prevention, or

12  firefighter training; or aerial firefighting surveillance

13  performed by fixed-wing aircraft pilots employed by the

14  Division of Forestry of the Department of Agriculture and

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

16  command officer of a member or members who have such

17  responsibilities; provided, however, administrative support

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

19  duties and responsibilities are in accounting, purchasing,

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

21  provided that all periods of creditable service in fire

22  prevention or firefighter training, or as the supervisor or

23  command officer of a member or members who have such

24  responsibilities, and for which the employer paid the special

25  risk contribution rate, shall 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,

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                    SB 60
    32-37-05




 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, wardens and

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

 9  the Special Risk Class;

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 or direct supervision of emergency

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

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

18  such responsibility.  However, administrative support

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

20  responsibilities are in accounting, purchasing, legal, and

21  personnel, shall not be included;

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

23  correctional probation officer and be certified, or required

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

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

26  supervised custody, surveillance, control, investigation, and

27  counseling of assigned inmates, probationers, parolees, or

28  community controllees within the community; or the member must

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

30  responsibilities. Administrative support personnel, including,

31  but not limited to, those whose primary duties and

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                    SB 60
    32-37-05




 1  responsibilities are in accounting, purchasing, legal

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

 3  however, probation and parole circuit and deputy circuit

 4  administrators shall participate in the Special Risk Class; or

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

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

 7  her time performing duties which involve contact with patients

 8  or inmates in a correctional or forensic facility or

 9  institution:

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

11         2.  Public health nutrition consultant (class code

12  5224);.

13         3.  Psychological specialist (class codes 5230 and

14  5231);.

15         4.  Psychologist (class code 5234);.

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

17         6.  Regional mental health consultant (class code

18  5240);.

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

20  5242);.

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

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

23         10.  Dentist (class code 5266);.

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

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

26         13.  Senior registered nurse (class codes 5292 and

27  5293);.

28         14.  Registered nurse specialist (class codes 5294 and

29  5295);.

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

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                    SB 60
    32-37-05




 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 in a forensic discipline

25  recognized by the International Association for Identification

26  and must qualify for active membership in the International

27  Association for Identification. The member's primary duties

28  and responsibilities must include the collection, examination,

29  preservation, documentation, preparation, or analysis of

30  physical evidence or testimony, or both, or the member must be

31  the direct supervisor, quality management supervisor, or

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                    SB 60
    32-37-05




 1  command officer of one or more individuals with such

 2  responsibility. Administrative support personnel, including,

 3  but not limited to, those whose primary responsibilities are

 4  clerical or in accounting, purchasing, legal, and personnel,

 5  shall not be included.

 6         Section 2.  The Legislature finds that a proper and

 7  legitimate state purpose is served when employees and retirees

 8  of the state and its political subdivisions, and the

 9  dependents, survivors, and beneficiaries of such employees and

10  retirees, are extended the basic protections afforded by

11  governmental retirement systems. These persons must be

12  provided benefits that are fair and adequate and that are

13  managed, administered, and funded in a sound actuarial manner,

14  as required by Section 14, Article X of the State Constitution

15  and part VII of chapter 112, Florida Statutes. Therefore, the

16  Legislature hereby determines and declares that this act

17  fulfills an important state interest.

18         Section 3.  This act shall take effect October 1, 2005.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Makes employees of a law enforcement agency or medical
      examiner's office who work in a forensic discipline
23    recognized by, and are qualified for active membership
      in, the International Association for Identification and
24    whose duties include collecting, examining, preserving,
      documenting, preparing, or analyzing physical evidence or
25    testimony, or both, and supervisors and command officers
      of such employees members of the Special Risk Class of
26    the Florida Retirement System.

27  

28  

29  

30  

31  

                                  6

CODING: Words stricken are deletions; words underlined are additions.