| 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.; providing membership in |
| 4 | the Special Risk Class for persons employed as certain |
| 5 | treatment and rehabilitation personnel at correctional or |
| 6 | forensic facilities; providing a declaration of important |
| 7 | state interest; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Paragraph (f) is added to subsection (15) of |
| 12 | section 121.021, Florida Statutes, to read: |
| 13 | 121.021 Definitions.--The following words and phrases as |
| 14 | used in this chapter have the respective meanings set forth |
| 15 | unless a different meaning is plainly required by the context: |
| 16 | (15) |
| 17 | (f) Effective July 1, 2006, the term "special risk member" |
| 18 | includes any member who is employed by the Department of |
| 19 | Children and Family Services and meets the special criteria set |
| 20 | forth in s. 121.0515(2)(i). |
| 21 | Section 2. Subsection (2) of section 121.0515, Florida |
| 22 | Statutes, is amended to read: |
| 23 | 121.0515 Special risk membership.-- |
| 24 | (2) CRITERIA.--A member, to be designated as a special |
| 25 | risk member, must meet the following criteria: |
| 26 | (a) The member must be employed as a law enforcement |
| 27 | officer and be certified, or required to be certified, in |
| 28 | compliance with s. 943.1395; however, sheriffs and elected |
| 29 | police chiefs shall be excluded from meeting the certification |
| 30 | requirements of this paragraph. In addition, the member's duties |
| 31 | and responsibilities must include the pursuit, apprehension, and |
| 32 | arrest of law violators or suspected law violators; or the |
| 33 | member must be an active member of a bomb disposal unit whose |
| 34 | primary responsibility is the location, handling, and disposal |
| 35 | of explosive devices; or the member must be the supervisor or |
| 36 | command officer of a member or members who have such |
| 37 | responsibilities; provided, however, administrative support |
| 38 | personnel, including, but not limited to, those whose primary |
| 39 | duties and responsibilities are in accounting, purchasing, |
| 40 | legal, and personnel, shall not be included; |
| 41 | (b) The member must be employed as a firefighter and be |
| 42 | certified, or required to be certified, in compliance with s. |
| 43 | 633.35 and be employed solely within the fire department of a |
| 44 | local government employer or an agency of state government with |
| 45 | firefighting responsibilities. In addition, the member's duties |
| 46 | and responsibilities must include on-the-scene fighting of |
| 47 | fires, fire prevention, or firefighter training; direct |
| 48 | supervision of firefighting units, fire prevention, or |
| 49 | firefighter training; or aerial firefighting surveillance |
| 50 | performed by fixed-wing aircraft pilots employed by the Division |
| 51 | of Forestry of the Department of Agriculture and Consumer |
| 52 | Services; or the member must be the supervisor or command |
| 53 | officer of a member or members who have such responsibilities; |
| 54 | provided, however, administrative support personnel, including, |
| 55 | but not limited to, those whose primary duties and |
| 56 | responsibilities are in accounting, purchasing, legal, and |
| 57 | personnel, shall not be included and further provided that all |
| 58 | periods of creditable service in fire prevention or firefighter |
| 59 | training, or as the supervisor or command officer of a member or |
| 60 | members who have such responsibilities, and for which the |
| 61 | employer paid the special risk contribution rate, shall be |
| 62 | included; |
| 63 | (c) The member must be employed as a correctional officer |
| 64 | and be certified, or required to be certified, in compliance |
| 65 | with s. 943.1395. In addition, the member's primary duties and |
| 66 | responsibilities must be the custody, and physical restraint |
| 67 | when necessary, of prisoners or inmates within a prison, jail, |
| 68 | or other criminal detention facility, or while on work detail |
| 69 | outside the facility, or while being transported; or the member |
| 70 | must be the supervisor or command officer of a member or members |
| 71 | who have such responsibilities; provided, however, |
| 72 | administrative support personnel, including, but not limited to, |
| 73 | those whose primary duties and responsibilities are in |
| 74 | accounting, purchasing, legal, and personnel, shall not be |
| 75 | included; however, wardens and assistant wardens, as defined by |
| 76 | rule, shall participate in the Special Risk Class; |
| 77 | (d) The member must be employed by a licensed Advance Life |
| 78 | Support (ALS) or Basic Life Support (BLS) employer as an |
| 79 | emergency medical technician or a paramedic and be certified in |
| 80 | compliance with s. 401.27. In addition, the member's primary |
| 81 | duties and responsibilities must include on-the-scene emergency |
| 82 | medical care or direct supervision of emergency medical |
| 83 | technicians or paramedics, or the member must be the supervisor |
| 84 | or command officer of one or more members who have such |
| 85 | responsibility. However, administrative support personnel, |
| 86 | including, but not limited to, those whose primary |
| 87 | responsibilities are in accounting, purchasing, legal, and |
| 88 | personnel, shall not be included; |
| 89 | (e) The member must be employed as a community-based |
| 90 | correctional probation officer and be certified, or required to |
| 91 | be certified, in compliance with s. 943.1395. In addition, the |
| 92 | member's primary duties and responsibilities must be the |
| 93 | supervised custody, surveillance, control, investigation, and |
| 94 | counseling of assigned inmates, probationers, parolees, or |
| 95 | community controllees within the community; or the member must |
| 96 | be the supervisor of a member or members who have such |
| 97 | responsibilities. Administrative support personnel, including, |
| 98 | but not limited to, those whose primary duties and |
| 99 | responsibilities are in accounting, purchasing, legal services, |
| 100 | and personnel management, shall not be included; however, |
| 101 | probation and parole circuit and deputy circuit administrators |
| 102 | shall participate in the Special Risk Class; |
| 103 | (f) The member must be employed in one of the following |
| 104 | classes and must spend at least 75 percent of his or her time |
| 105 | performing duties which involve contact with patients or inmates |
| 106 | in a correctional or forensic facility or institution: |
| 107 | 1. Dietitian (class codes 5203 and 5204); |
| 108 | 2. Public health nutrition consultant (class code 5224); |
| 109 | 3. Psychological specialist (class codes 5230 and 5231); |
| 110 | 4. Psychologist (class code 5234); |
| 111 | 5. Senior psychologist (class codes 5237 and 5238); |
| 112 | 6. Regional mental health consultant (class code 5240); |
| 113 | 7. Psychological Services Director--DCF (class code 5242); |
| 114 | 8. Pharmacist (class codes 5245 and 5246); |
| 115 | 9. Senior pharmacist (class codes 5248 and 5249); |
| 116 | 10. Dentist (class code 5266); |
| 117 | 11. Senior dentist (class code 5269); |
| 118 | 12. Registered nurse (class codes 5290 and 5291); |
| 119 | 13. Senior registered nurse (class codes 5292 and 5293); |
| 120 | 14. Registered nurse specialist (class codes 5294 and |
| 121 | 5295); |
| 122 | 15. Clinical associate (class codes 5298 and 5299); |
| 123 | 16. Advanced registered nurse practitioner (class codes |
| 124 | 5297 and 5300); |
| 125 | 17. Advanced registered nurse practitioner specialist |
| 126 | (class codes 5304 and 5305); |
| 127 | 18. Registered nurse supervisor (class codes 5306 and |
| 128 | 5307); |
| 129 | 19. Senior registered nurse supervisor (class codes 5308 |
| 130 | and 5309); |
| 131 | 20. Registered nursing consultant (class codes 5312 and |
| 132 | 5313); |
| 133 | 21. Quality management program supervisor (class code |
| 134 | 5314); |
| 135 | 22. Executive nursing director (class codes 5320 and |
| 136 | 5321); |
| 137 | 23. Speech and hearing therapist (class code 5406); or |
| 138 | 24. Pharmacy manager (class code 5251); |
| 139 | 25. Unit treatment and rehabilitation specialist-F/C |
| 140 | (class code 5791); |
| 141 | 26. Licensed practical nurse F/C (class code 5599); |
| 142 | 27. Behavioral program associate F/C (class code 5762); |
| 143 | 28. Behavioral program specialist F/C (class code 5763); |
| 144 | 29. Human service worker I-F/C (class code 5781); |
| 145 | 30. Human service worker II-F/C (class code 5784); or |
| 146 | 31. Rehabilitation therapist F/C (class code 5563); |
| 147 | (g) The member must be employed as a youth custody officer |
| 148 | and be certified, or required to be certified, in compliance |
| 149 | with s. 943.1395. In addition, the member's primary duties and |
| 150 | responsibilities must be the supervised custody, surveillance, |
| 151 | control, investigation, apprehension, arrest, and counseling of |
| 152 | assigned juveniles within the community; or |
| 153 | (h) The member must be employed by a law enforcement |
| 154 | agency or medical examiner's office in a forensic discipline |
| 155 | recognized by the International Association for Identification |
| 156 | and must qualify for active membership in the International |
| 157 | Association for Identification. The member's primary duties and |
| 158 | responsibilities must include the collection, examination, |
| 159 | preservation, documentation, preparation, or analysis of |
| 160 | physical evidence or testimony, or both, or the member must be |
| 161 | the direct supervisor, quality management supervisor, or command |
| 162 | officer of one or more individuals with such responsibility. |
| 163 | Administrative support personnel, including, but not limited to, |
| 164 | those whose primary responsibilities are clerical or in |
| 165 | accounting, purchasing, legal, and personnel, shall not be |
| 166 | included; or. |
| 167 | (i) The member must be employed by the Department of |
| 168 | Children and Family Services in one of the following classes and |
| 169 | must spend at least 75 percent of his or her time performing |
| 170 | duties that involve contact with patients or inmates in a |
| 171 | forensic facility or institution: |
| 172 | 1. Unit treatment and rehabilitation senior supervisor I- |
| 173 | F/C (class code 5793); or |
| 174 | 2. Unit treatment and rehabilitation senior supervisor II- |
| 175 | F/C (class code 5796). |
| 176 | Section 3. The Legislature finds that a proper and |
| 177 | legitimate state purpose is served when employees and retirees |
| 178 | of the state and its political subdivisions and the dependents, |
| 179 | survivors, and beneficiaries of such employees and retirees are |
| 180 | extended the basic protections afforded by governmental |
| 181 | retirement systems. These persons must be provided benefits that |
| 182 | are fair and adequate and that are managed, administered, and |
| 183 | funded in a sound actuarial manner, as required by s. 14, Art. X |
| 184 | of the State Constitution and part VII of chapter 112, Florida |
| 185 | Statutes. Therefore, the Legislature hereby determines and |
| 186 | declares that this act fulfills an important state interest. |
| 187 | Section 4. This act shall take effect July 1, 2006. |