Senate Bill sb1822

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 1822

    By Senator Saunders





    37-1358-06                                              See HB

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; amending ss. 121.021 and 121.0515,

  4         F.S.; including in the Special Risk Class

  5         certain members employed as Federal Aviation

  6         Administration-licensed pilots authorized to

  7         provide mosquito control services; providing a

  8         definition; providing a declaration of

  9         important state interest; providing an

10         effective date.

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

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

15  of section 121.021, Florida Statutes, to read:

16         121.021  Definitions.--The following words and phrases

17  as 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 October 1, 2006, the term "special risk

21  member" includes any member employed as a Federal Aviation

22  Administration-licensed pilot by a municipality, county,

23  special district, or state agency authorized to provide

24  mosquito control services whose duties include piloting for

25  the purposes of mosquito control as set forth in s.

26  121.0515(2)(i).

27         Section 2.  Subsection (2) of section 121.0515, Florida

28  Statutes, is amended to read:

29         121.0515  Special risk membership.--

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

31  risk member, must meet the following criteria:

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    Florida Senate - 2006                                  SB 1822
    37-1358-06                                              See HB




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

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

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

 4  police chiefs shall be excluded from meeting the certification

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

 6  duties and responsibilities must include the pursuit,

 7  apprehension, and arrest of law violators or suspected law

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

 9  disposal unit whose primary responsibility is the location,

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

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

12  members who have such responsibilities; provided, however,

13  administrative support personnel, including, but not limited

14  to, those whose primary duties and responsibilities are in

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

16  included;

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

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

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

20  a local government employer or an agency of state government

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

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

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

24  supervision of firefighting units, fire prevention, or

25  firefighter training; or aerial firefighting surveillance

26  performed by fixed-wing aircraft pilots employed by the

27  Division of Forestry of the Department of Agriculture and

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

29  command officer of a member or members who have such

30  responsibilities; provided, however, administrative support

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

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    Florida Senate - 2006                                  SB 1822
    37-1358-06                                              See HB




 1  duties and responsibilities are in accounting, purchasing,

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

 3  provided that all periods of creditable service in fire

 4  prevention or firefighter training, or as the supervisor or

 5  command officer of a member or members who have such

 6  responsibilities, and for which the employer paid the special

 7  risk contribution rate, shall be included;

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

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

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

11  duties and responsibilities must be the custody, and physical

12  restraint when necessary, of prisoners or inmates within a

13  prison, jail, or other criminal detention facility, or while

14  on work detail outside the facility, or while being

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

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

17  provided, however, administrative support personnel,

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

19  responsibilities are in accounting, purchasing, legal, and

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

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

22  the Special Risk Class;

23         (d)  The member must be employed by a licensed Advance

24  Life Support (ALS) or Basic Life Support (BLS) employer as an

25  emergency medical technician or a paramedic and be certified

26  in compliance with s. 401.27. In addition, the member's

27  primary duties and responsibilities must include on-the-scene

28  emergency medical care or direct supervision of emergency

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

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

31  such responsibility. However, administrative support

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    Florida Senate - 2006                                  SB 1822
    37-1358-06                                              See HB




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

 2  responsibilities are in accounting, purchasing, legal, and

 3  personnel, shall not be included;

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

 5  correctional probation officer and be certified, or required

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

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

 8  supervised custody, surveillance, control, investigation, and

 9  counseling of assigned inmates, probationers, parolees, or

10  community controllees within the community; or the member must

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

12  responsibilities. Administrative support personnel, including,

13  but not limited to, those whose primary duties and

14  responsibilities are in accounting, purchasing, legal

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

16  however, probation and parole circuit and deputy circuit

17  administrators shall participate in the Special Risk Class;

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

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

20  her time performing duties which involve contact with patients

21  or inmates in a correctional or forensic facility or

22  institution:

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

24         2.  Public health nutrition consultant (class code

25  5224);

26         3.  Psychological specialist (class codes 5230 and

27  5231);

28         4.  Psychologist (class code 5234);

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

30         6.  Regional mental health consultant (class code

31  5240);

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    Florida Senate - 2006                                  SB 1822
    37-1358-06                                              See HB




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

 2  5242);

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

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

 5         10.  Dentist (class code 5266);

 6         11.  Senior dentist (class code 5269);

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

 8         13.  Senior registered nurse (class codes 5292 and

 9  5293);

10         14.  Registered nurse specialist (class codes 5294 and

11  5295);

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

13         16.  Advanced registered nurse practitioner (class

14  codes 5297 and 5300);

15         17.  Advanced registered nurse practitioner specialist

16  (class codes 5304 and 5305);

17         18.  Registered nurse supervisor (class codes 5306 and

18  5307);

19         19.  Senior registered nurse supervisor (class codes

20  5308 and 5309);

21         20.  Registered nursing consultant (class codes 5312

22  and 5313);

23         21.  Quality management program supervisor (class code

24  5314);

25         22.  Executive nursing director (class codes 5320 and

26  5321);

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

28         24.  Pharmacy manager (class code 5251);

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

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

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

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    Florida Senate - 2006                                  SB 1822
    37-1358-06                                              See HB




 1  duties and responsibilities must be the supervised custody,

 2  surveillance, control, investigation, apprehension, arrest,

 3  and counseling of assigned juveniles within the community; or

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

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

 6  recognized by the International Association for Identification

 7  and must qualify for active membership in the International

 8  Association for Identification. The member's primary duties

 9  and responsibilities must include the collection, examination,

10  preservation, documentation, preparation, or analysis of

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

12  the direct supervisor, quality management supervisor, or

13  command officer of one or more individuals with such

14  responsibility. Administrative support personnel, including,

15  but not limited to, those whose primary responsibilities are

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

17  shall not be included; or.

18         (i)  The member must be employed as a Federal Aviation

19  Administration-licensed pilot by a municipality, county,

20  special district, or state agency authorized to provide

21  mosquito control services. The member's duties must include

22  piloting aircraft for the purpose of mosquito control

23  treatment. However, administrative support personnel,

24  including, but not limited to, those whose primary

25  responsibilities are in accounting, purchasing, legal, and

26  personnel, shall not be included.

27         Section 3.  The Legislature finds that a proper and

28  legitimate state purpose is served when employees and retirees

29  of the state and its political subdivisions, and the

30  dependents, survivors, and beneficiaries of such employees and

31  retirees, are extended the basic protections afforded by

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    Florida Senate - 2006                                  SB 1822
    37-1358-06                                              See HB




 1  governmental retirement systems. These persons must be

 2  provided benefits that are fair and adequate and that are

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

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

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

 6  Legislature hereby determines and declares that this act

 7  fulfills an important state interest.

 8         Section 4.  This act shall take effect October 1, 2006.

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