Amendment
Bill No. 1165

Amendment No. 496919

CHAMBER ACTION
Senate		House
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1	Representative Richardson offered the following:
2
3	Amendment (with directory and title amendments)
4	Remove line 53 and insert:
5	by section 1 of this act.
6	Section 4.  Paragraph (f) is added to subsection (15) of
7	section 121.021, Florida Statutes, to read:
8	121.021  Definitions.--The following words and phrases as
9	used in this chapter have the respective meanings set forth
10	unless a different meaning is plainly required by the context:
11	(15)
12	(f)  Effective July 1, 2006, the term "special risk member"
13	includes any member who is employed by the Department of
14	Corrections or the Department of Children and Family Services
15	and meets the special criteria set forth in s. 121.0515(2)(i).
16	Section 5.  Subsection (2) of section 121.0515, Florida
17	Statutes, is amended to read:
18	121.0515  Special risk membership.--
19	(2)  CRITERIA.--A member, to be designated as a special
20	risk member, must meet the following criteria:
21	(a)  The member must be employed as a law enforcement
22	officer and be certified, or required to be certified, in
23	compliance with s. 943.1395; however, sheriffs and elected
24	police chiefs shall be excluded from meeting the certification
25	requirements of this paragraph. In addition, the member's duties
26	and responsibilities must include the pursuit, apprehension, and
27	arrest of law violators or suspected law violators; or the
28	member must be an active member of a bomb disposal unit whose
29	primary responsibility is the location, handling, and disposal
30	of explosive devices; or the member must be the supervisor or
31	command officer of a member or members who have such
32	responsibilities; provided, however, administrative support
33	personnel, including, but not limited to, those whose primary
34	duties and responsibilities are in accounting, purchasing,
35	legal, and personnel, shall not be included;
36	(b)  The member must be employed as a firefighter and be
37	certified, or required to be certified, in compliance with s.
38	633.35 and be employed solely within the fire department of a
39	local government employer or an agency of state government with
40	firefighting responsibilities. In addition, the member's duties
41	and responsibilities must include on-the-scene fighting of
42	fires, fire prevention, or firefighter training; direct
43	supervision of firefighting units, fire prevention, or
44	firefighter training; or aerial firefighting surveillance
45	performed by fixed-wing aircraft pilots employed by the Division
46	of Forestry of the Department of Agriculture and Consumer
47	Services; or the member must be the supervisor or command
48	officer of a member or members who have such responsibilities;
49	provided, however, administrative support personnel, including,
50	but not limited to, those whose primary duties and
51	responsibilities are in accounting, purchasing, legal, and
52	personnel, shall not be included and further provided that all
53	periods of creditable service in fire prevention or firefighter
54	training, or as the supervisor or command officer of a member or
55	members who have such responsibilities, and for which the
56	employer paid the special risk contribution rate, shall be
57	included;
58	(c)  The member must be employed as a correctional officer
59	and be certified, or required to be certified, in compliance
60	with s. 943.1395. In addition, the member's primary duties and
61	responsibilities must be the custody, and physical restraint
62	when necessary, of prisoners or inmates within a prison, jail,
63	or other criminal detention facility, or while on work detail
64	outside the facility, or while being transported; or the member
65	must be the supervisor or command officer of a member or members
66	who have such responsibilities; provided, however,
67	administrative support personnel, including, but not limited to,
68	those whose primary duties and responsibilities are in
69	accounting, purchasing, legal, and personnel, shall not be
70	included; however, wardens and assistant wardens, as defined by
71	rule, shall participate in the Special Risk Class;
72	(d)  The member must be employed by a licensed Advance Life
73	Support (ALS) or Basic Life Support (BLS) employer as an
74	emergency medical technician or a paramedic and be certified in
75	compliance with s. 401.27. In addition, the member's primary
76	duties and responsibilities must include on-the-scene emergency
77	medical care or direct supervision of emergency medical
78	technicians or paramedics, or the member must be the supervisor
79	or command officer of one or more members who have such
80	responsibility. However, administrative support personnel,
81	including, but not limited to, those whose primary
82	responsibilities are in accounting, purchasing, legal, and
83	personnel, shall not be included;
84	(e)  The member must be employed as a community-based
85	correctional probation officer and be certified, or required to
86	be certified, in compliance with s. 943.1395. In addition, the
87	member's primary duties and responsibilities must be the
88	supervised custody, surveillance, control, investigation, and
89	counseling of assigned inmates, probationers, parolees, or
90	community controllees within the community; or the member must
91	be the supervisor of a member or members who have such
92	responsibilities. Administrative support personnel, including,
93	but not limited to, those whose primary duties and
94	responsibilities are in accounting, purchasing, legal services,
95	and personnel management, shall not be included; however,
96	probation and parole circuit and deputy circuit administrators
97	shall participate in the Special Risk Class;
98	(f)  The member must be employed in one of the following
99	classes and must spend at least 75 percent of his or her time
100	performing duties which involve contact with patients or inmates
101	in a correctional or forensic facility or institution:
102	1.  Dietitian (class codes 5203 and 5204);
103	2.  Public health nutrition consultant (class code 5224);
104	3.  Psychological specialist (class codes 5230 and 5231);
105	4.  Psychologist (class code 5234);
106	5.  Senior psychologist (class codes 5237 and 5238);
107	6.  Regional mental health consultant (class code 5240);
108	7.  Psychological Services Director--DCF (class code 5242);
109	8.  Pharmacist (class codes 5245 and 5246);
110	9.  Senior pharmacist (class codes 5248 and 5249);
111	10.  Dentist (class code 5266);
112	11.  Senior dentist (class code 5269);
113	12.  Registered nurse (class codes 5290 and 5291);
114	13.  Senior registered nurse (class codes 5292 and 5293);
115	14.  Registered nurse specialist (class codes 5294 and
116	5295);
117	15.  Clinical associate (class codes 5298 and 5299);
118	16.  Advanced registered nurse practitioner (class codes
119	5297 and 5300);
120	17.  Advanced registered nurse practitioner specialist
121	(class codes 5304 and 5305);
122	18.  Registered nurse supervisor (class codes 5306 and
123	5307);
124	19.  Senior registered nurse supervisor (class codes 5308
125	and 5309);
126	20.  Registered nursing consultant (class codes 5312 and
127	5313);
128	21.  Quality management program supervisor (class code
129	5314);
130	22.  Executive nursing director (class codes 5320 and
131	5321);
132	23.  Speech and hearing therapist (class code 5406); or
133	24.  Pharmacy manager (class code 5251);
134	(g)  The member must be employed as a youth custody officer
135	and be certified, or required to be certified, in compliance
136	with s. 943.1395. In addition, the member's primary duties and
137	responsibilities must be the supervised custody, surveillance,
138	control, investigation, apprehension, arrest, and counseling of
139	assigned juveniles within the community; or
140	(h)  The member must be employed by a law enforcement
141	agency or medical examiner's office in a forensic discipline
142	recognized by the International Association for Identification
143	and must qualify for active membership in the International
144	Association for Identification. The member's primary duties and
145	responsibilities must include the collection, examination,
146	preservation, documentation, preparation, or analysis of
147	physical evidence or testimony, or both, or the member must be
148	the direct supervisor, quality management supervisor, or command
149	officer of one or more individuals with such responsibility.
150	Administrative support personnel, including, but not limited to,
151	those whose primary responsibilities are clerical or in
152	accounting, purchasing, legal, and personnel, shall not be
153	included; or.
154	(i)  The member must be employed by the Department of
155	Corrections or the Department of Children and Family Services
156	with the following specified primary duties and responsibilities
157	in one of the following positions:
158	1.  Licensed practical nurses whose primary duties and
159	responsibilities include administering medication during
160	scheduled times, and as otherwise directed; and providing
161	routine practical nursing care, including assistance with
162	resident personal hygiene, feeding, vital signs, first aid,
163	dressing changes, irrigations, and enemas.
164	2.  Unit treatment and rehabilitation specialists whose
165	primary duties and responsibilities include providing direct
166	patient care to mental health residents by participation in
167	therapy sessions, activity programs, personal hygiene, and
168	individualized treatment; maintaining a secure and therapeutic
169	environment, monitoring residents' progress, and implementing
170	specialized treatments as directed by the treatment team;
171	supervising residents in recreational or cultural activities;
172	coordinating clinic visits for residents and assisting nurses
173	when necessary; and writing and reading daily notes on
174	residents' behavior, reviewing daily program notes, shift
175	reports, and logs; and keeping current on all changes in the
176	residents' records.
177	3.  Behavioral program specialists whose primary duties and
178	responsibilities include maintaining a safe, secure, and
179	therapeutic environment by implementing specialized behavior
180	control techniques; working closely with other staff to reduce
181	seclusion hours; directly supervising all unit treatment and
182	rehabilitative specialists; and writing required performance
183	appraisals and other feedback on supervised staff in a timely
184	manner.
185	4.  Unit treatment and rehabilitative senior supervisors
186	whose primary duties and responsibilities include either:
187	a.  Directly supervising all unit treatment and
188	rehabilitative specialists at a treatment building or in
189	multiple buildings; reviewing progress notes and assigning and
190	coordinating unit treatment and rehabilitative specialist
191	activities; handling all emergency situations on shift; and
192	participating in or conducting therapy sessions; or
193	b.  Directly supervising other unit treatment and
194	rehabilitative senior supervisors or behavioral program
195	specialists; coordinating activities for consistency from shift
196	to shift; preparing or implementing work schedules for assigned
197	buildings to ensure minimum coverage; approving leave and
198	schedule changes; disseminating information, policies, and
199	communications to treatment staff; serving as liaison between
200	counselors and treatment staff; and supervising and evaluating
201	volunteers and interns.
202	5.  Rehabilitation therapists whose primary duties and
203	responsibilities include supervising and coordinating resident
204	work programs to include such duties as vocational evaluation
205	and counseling of residents for placement in classroom or job
206	site training; monitoring residents in their attainment of
207	occupational skills by means of on-the-job training and
208	classroom instruction; and directly supervising resident
209	groundskeepers.
210	6.  Human service workers whose primary duties and
211	responsibilities include either:
212	a.  Maintaining the resident building to meet the
213	sanitation, safety, and infection control standards; serving
214	meals; conducting room checks and face counts; and escorting
215	residents to medical and other appointments as assigned; or
216	b.  Assisting residents with their daily living activities;
217	admitting residents into the unit; assisting with discharges;
218	completing resident assessments and other forms as needed; and
219	assisting with therapeutic activities as assigned.
220
221	In addition, the performance of these duties by the member must
222	require the member to spend at least 75 percent of his or her
223	time in contact with patients or inmates in a correctional or
224	forensic facility or institution.
225
226	======= T I T L E  A M E N D M E N T =======
227	Remove line 15 and insert:
228	in s. 121.71, F.S.; providing an appropriation; amending
229	ss. 121.021 and 121.0515, F.S.; providing membership in
230	the Special Risk Class for persons employed by the
231	Department of Corrections or the Department of Children
232	and Family Services as certain treatment and
233	rehabilitation personnel; providing

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