Senate Bill sb1396

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    Florida Senate - 2006                                  SB 1396

    By Senator Fasano





    11-982A-06

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; amending ss. 121.021, 121.0515, F.S.;

  4         providing membership in the Special Risk Class

  5         of the system for persons employed full time as

  6         ocean water rescue lifeguards who meet other

  7         specified qualifications; providing an

  8         effective date.

  9  

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

11  

12         Section 1.  Paragraph (f) is added to subsection (15)

13  of section 121.021, Florida Statutes, to read:

14         121.021  Definitions.--The following words and phrases

15  as used in this chapter have the respective meanings set forth

16  unless a different meaning is plainly required by the context:

17         (15)

18         (f)  Effective October 1, 2006, the term "special risk

19  member" includes any person who works full time as an ocean

20  water rescue lifeguard and who works directly under the

21  supervision of a fire rescue department, is supervised by a

22  medical director, and is certified in compliance with s.

23  401.27 as an emergency medical technician or paramedic.

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

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    Florida Senate - 2006                                  SB 1396
    11-982A-06




 1  police chiefs shall be excluded from meeting the certification

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

 3  duties and responsibilities must include the pursuit,

 4  apprehension, and arrest of law violators or suspected law

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

 6  disposal unit whose primary responsibility is the location,

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

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

 9  members who have such responsibilities; provided, however,

10  administrative support personnel, including, but not limited

11  to, those whose primary duties and responsibilities are in

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

13  included;

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

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

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

17  a local government employer or an agency of state government

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

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

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

21  supervision of firefighting units, fire prevention, or

22  firefighter training; or aerial firefighting surveillance

23  performed by fixed-wing aircraft pilots employed by the

24  Division of Forestry of the Department of Agriculture and

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

26  command officer of a member or members who have such

27  responsibilities; provided, however, administrative support

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

29  duties and responsibilities are in accounting, purchasing,

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

31  provided that all periods of creditable service in fire

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    Florida Senate - 2006                                  SB 1396
    11-982A-06




 1  prevention or firefighter training, or as the supervisor or

 2  command officer of a member or members who have such

 3  responsibilities, and for which the employer paid the special

 4  risk contribution rate, shall be included;

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

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

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

 8  primary duties and responsibilities must be the custody, and

 9  physical restraint when necessary, of prisoners or inmates

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

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

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

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

14  provided, however, administrative support personnel,

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

16  responsibilities are in accounting, purchasing, legal, and

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

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

19  the Special Risk Class;

20         (d)1.a.  The member must be employed by a licensed

21  Advance Life Support (ALS) or Basic Life Support (BLS)

22  employer as an emergency medical technician or a paramedic and

23  be certified in compliance with s. 401.27.  In addition, the

24  member's primary duties and responsibilities must include

25  on-the-scene emergency medical care or direct supervision of

26  emergency medical technicians or paramedics, or the member

27  must be the supervisor or command officer of one or more

28  members who have such responsibility.

29         b.  The member must work directly under the supervision

30  of a fire rescue department, be supervised by a medical

31  director, be certified in compliance with s. 401.27 as an

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    Florida Senate - 2006                                  SB 1396
    11-982A-06




 1  emergency medical technician or paramedic, and work full time

 2  as an ocean water rescue lifeguard.

 3         2.  However, administrative support personnel,

 4  including, but not limited to, those whose primary

 5  responsibilities are in accounting, purchasing, legal, and

 6  personnel, shall not be included;

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

 8  correctional probation officer and be certified, or required

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

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

11  supervised custody, surveillance, control, investigation, and

12  counseling of assigned inmates, probationers, parolees, or

13  community controllees within the community; or the member must

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

15  responsibilities. Administrative support personnel, including,

16  but not limited to, those whose primary duties and

17  responsibilities are in accounting, purchasing, legal

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

19  however, probation and parole circuit and deputy circuit

20  administrators shall participate in the Special Risk Class;

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

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

23  her time performing duties which involve contact with patients

24  or inmates in a correctional or forensic facility or

25  institution:

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

27         2.  Public health nutrition consultant (class code

28  5224);

29         3.  Psychological specialist (class codes 5230 and

30  5231);

31         4.  Psychologist (class code 5234);

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    Florida Senate - 2006                                  SB 1396
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 1         5.  Senior psychologist (class codes 5237 and 5238);

 2         6.  Regional mental health consultant (class code

 3  5240);

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

 5  5242);

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

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

 8         10.  Dentist (class code 5266);

 9         11.  Senior dentist (class code 5269);

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

11         13.  Senior registered nurse (class codes 5292 and

12  5293);

13         14.  Registered nurse specialist (class codes 5294 and

14  5295);

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

16         16.  Advanced registered nurse practitioner (class

17  codes 5297 and 5300);

18         17.  Advanced registered nurse practitioner specialist

19  (class codes 5304 and 5305);

20         18.  Registered nurse supervisor (class codes 5306 and

21  5307);

22         19.  Senior registered nurse supervisor (class codes

23  5308 and 5309);

24         20.  Registered nursing consultant (class codes 5312

25  and 5313);

26         21.  Quality management program supervisor (class code

27  5314);

28         22.  Executive nursing director (class codes 5320 and

29  5321);

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

31         24.  Pharmacy manager (class code 5251);

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    Florida Senate - 2006                                  SB 1396
    11-982A-06




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

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

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

 4  duties and responsibilities must be the supervised custody,

 5  surveillance, control, investigation, apprehension, arrest,

 6  and counseling of assigned juveniles within the community; or

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

 8  agency or medical examiner's office in a forensic discipline

 9  recognized by the International Association for Identification

10  and must qualify for active membership in the International

11  Association for Identification. The member's primary duties

12  and responsibilities must include the collection, examination,

13  preservation, documentation, preparation, or analysis of

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

15  the direct supervisor, quality management supervisor, or

16  command officer of one or more individuals with such

17  responsibility. Administrative support personnel, including,

18  but not limited to, those whose primary responsibilities are

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

20  shall not be included.

21         Section 3.  This act shall take effect October 1, 2006.

22  

23            *****************************************

24                          SENATE SUMMARY

25    Provides membership in the Special Risk Class of the
      Florida Retirement System for persons who work full time
26    as ocean water rescue lifeguards, who are under the
      supervision of a medical director in a fire rescue
27    department, and are certified as emergency medical
      technicians or paramedics.
28  

29  

30  

31  

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