HB 1223

CS

CHAMBER ACTION

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

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