Senate Bill sb2246

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2246

    By Senator Lawson





    6-1478A-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.; providing membership in the Special Risk

  5         Class for persons employed as certain treatment

  6         and rehabilitation personnel at correctional or

  7         forensic facilities; providing a declaration of

  8         important state interest; providing an

  9         effective date.

10  

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

12  

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

14  of section 121.021, Florida Statutes, to read:

15         121.021  Definitions.--The following words and phrases

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

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

18         (15)

19         (f)  Effective July 1, 2006, the term "special risk

20  member" includes any member who is employed by the Department

21  of Children and Family Services and meets the special criteria

22  set forth in s. 121.0515(2)(i).

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

24  Statutes, is amended to read:

25         121.0515  Special risk membership.--

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

27  risk member, must meet the following criteria:

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

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

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

31  police chiefs shall be excluded from meeting the certification

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    Florida Senate - 2006                                  SB 2246
    6-1478A-06                                              See HB




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

 2  duties and responsibilities must include the pursuit,

 3  apprehension, and arrest of law violators or suspected law

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

 5  disposal unit whose primary responsibility is the location,

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

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

 8  members who have such responsibilities; provided, however,

 9  administrative support personnel, including, but not limited

10  to, those whose primary duties and responsibilities are in

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

12  included;

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

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

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

16  a local government employer or an agency of state government

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

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

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

20  supervision of firefighting units, fire prevention, or

21  firefighter training; or aerial firefighting surveillance

22  performed by fixed-wing aircraft pilots employed by the

23  Division of Forestry of the Department of Agriculture and

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

25  command officer of a member or members who have such

26  responsibilities; provided, however, administrative support

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

28  duties and responsibilities are in accounting, purchasing,

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

30  provided that all periods of creditable service in fire

31  prevention or firefighter training, or as the supervisor or

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






    Florida Senate - 2006                                  SB 2246
    6-1478A-06                                              See HB




 1  command officer of a member or members who have such

 2  responsibilities, and for which the employer paid the special

 3  risk contribution rate, shall be included;

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

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

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

 7  duties and responsibilities must be the custody, and physical

 8  restraint when necessary, of prisoners or inmates within a

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

10  on work detail outside the facility, or while being

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

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

13  provided, however, administrative support personnel,

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

15  responsibilities are in accounting, purchasing, legal, and

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

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

18  the Special Risk Class;

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

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

21  emergency medical technician or a paramedic and be certified

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

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

24  emergency medical care or direct supervision of emergency

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

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

27  such responsibility. However, administrative support

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

29  responsibilities are in accounting, purchasing, legal, and

30  personnel, shall not be included;

31  

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    Florida Senate - 2006                                  SB 2246
    6-1478A-06                                              See HB




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

 2  correctional probation officer and be certified, or required

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

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

 5  supervised custody, surveillance, control, investigation, and

 6  counseling of assigned inmates, probationers, parolees, or

 7  community controllees within the community; or the member must

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

 9  responsibilities. Administrative support personnel, including,

10  but not limited to, those whose primary duties and

11  responsibilities are in accounting, purchasing, legal

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

13  however, probation and parole circuit and deputy circuit

14  administrators shall participate in the Special Risk Class;

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

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

17  her time performing duties which involve contact with patients

18  or inmates in a correctional or forensic facility or

19  institution:

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

21         2.  Public health nutrition consultant (class code

22  5224);

23         3.  Psychological specialist (class codes 5230 and

24  5231);

25         4.  Psychologist (class code 5234);

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

27         6.  Regional mental health consultant (class code

28  5240);

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

30  5242);

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

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    Florida Senate - 2006                                  SB 2246
    6-1478A-06                                              See HB




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

 2         10.  Dentist (class code 5266);

 3         11.  Senior dentist (class code 5269);

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

 5         13.  Senior registered nurse (class codes 5292 and

 6  5293);

 7         14.  Registered nurse specialist (class codes 5294 and

 8  5295);

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

10         16.  Advanced registered nurse practitioner (class

11  codes 5297 and 5300);

12         17.  Advanced registered nurse practitioner specialist

13  (class codes 5304 and 5305);

14         18.  Registered nurse supervisor (class codes 5306 and

15  5307);

16         19.  Senior registered nurse supervisor (class codes

17  5308 and 5309);

18         20.  Registered nursing consultant (class codes 5312

19  and 5313);

20         21.  Quality management program supervisor (class code

21  5314);

22         22.  Executive nursing director (class codes 5320 and

23  5321);

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

25         24.  Pharmacy manager (class code 5251);

26         25.  Unit treatment and rehabilitation specialist-F/C

27  (class code 5791);

28         26.  Licensed practical nurse F/C (class code 5599);

29         27.  Behavioral program associate F/C (class code

30  5762);

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    Florida Senate - 2006                                  SB 2246
    6-1478A-06                                              See HB




 1         28.  Behavioral program specialist F/C (class code

 2  5763);

 3         29.  Human service worker I-F/C (class code 5781);

 4         30.  Human service worker II-F/C (class code 5784); or

 5         31.  Rehabilitation therapist F/C (class code 5563);

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

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

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

 9  duties and responsibilities must be the supervised custody,

10  surveillance, control, investigation, apprehension, arrest,

11  and counseling of assigned juveniles within the community; or

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

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

14  recognized by the International Association for Identification

15  and must qualify for active membership in the International

16  Association for Identification. The member's primary duties

17  and responsibilities must include the collection, examination,

18  preservation, documentation, preparation, or analysis of

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

20  the direct supervisor, quality management supervisor, or

21  command officer of one or more individuals with such

22  responsibility. Administrative support personnel, including,

23  but not limited to, those whose primary responsibilities are

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

25  shall not be included; or.

26         (i)  The member must be employed by the Department of

27  Children and Family Services in one of the following classes

28  and must spend at least 75 percent of his or her time

29  performing duties that involve contact with patients or

30  inmates in a forensic facility or institution:

31  

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    Florida Senate - 2006                                  SB 2246
    6-1478A-06                                              See HB




 1         1.  Unit treatment and rehabilitation senior supervisor

 2  I-F/C (class code 5793); or

 3         2.  Unit treatment and rehabilitation senior supervisor

 4  II-F/C (class code 5796).

 5         Section 3.  The Legislature finds that a proper and

 6  legitimate state purpose is served when employees and retirees

 7  of the state and its political subdivisions and the

 8  dependents, survivors, and beneficiaries of such employees and

 9  retirees are extended the basic protections afforded by

10  governmental retirement systems. These persons must be

11  provided benefits that are fair and adequate and that are

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

13  as required by s. 14, Art. X of the State Constitution and

14  part VII of chapter 112, Florida Statutes. Therefore, the

15  Legislature hereby determines and declares that this act

16  fulfills an important state interest.

17         Section 4.  This act shall take effect July 1, 2006.

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