Senate Bill sb2246c1

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    Florida Senate - 2006                           CS for SB 2246

    By the Committee on Criminal Justice; and Senator Lawson





    591-2457-06

  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 by the Department of

  6         Corrections, the Agency for Persons with

  7         Disabilities, or the Department of Children and

  8         Family Services as certain treatment and

  9         rehabilitation personnel; providing an

10         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)

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 July 1, 2006, the term "special risk

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

22  of Corrections, the Agency for Persons with Disabilities, or

23  the Department of Children and Family Services and meets the

24  special criteria set forth in s. 121.0515(2)(i).

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

26  Statutes, is amended to read:

27         121.0515  Special risk membership.--

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

29  risk member, must meet the following criteria:

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

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

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    Florida Senate - 2006                           CS for SB 2246
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 1  compliance with s. 943.1395; however, sheriffs and elected

 2  police chiefs shall be excluded from meeting the certification

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

 4  duties and responsibilities must include the pursuit,

 5  apprehension, and arrest of law violators or suspected law

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

 7  disposal unit whose primary responsibility is the location,

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

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

10  members who have such responsibilities; provided, however,

11  administrative support personnel, including, but not limited

12  to, those whose primary duties and responsibilities are in

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

14  included;

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

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

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

18  a local government employer or an agency of state government

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

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

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

22  supervision of firefighting units, fire prevention, or

23  firefighter training; or aerial firefighting surveillance

24  performed by fixed-wing aircraft pilots employed by the

25  Division of Forestry of the Department of Agriculture and

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

27  command officer of a member or members who have such

28  responsibilities; provided, however, administrative support

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

30  duties and responsibilities are in accounting, purchasing,

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

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    Florida Senate - 2006                           CS for SB 2246
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 1  provided that all periods of creditable service in fire

 2  prevention or firefighter training, or as the supervisor or

 3  command officer of a member or members who have such

 4  responsibilities, and for which the employer paid the special

 5  risk contribution rate, shall be included;

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

 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 custody, and physical

10  restraint when necessary, of prisoners or inmates within a

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

12  on work detail outside the facility, or while being

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

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

15  provided, however, administrative support personnel,

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

17  responsibilities are in accounting, purchasing, legal, and

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

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

20  the Special Risk Class;

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

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

23  emergency medical technician or a paramedic and be certified

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

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

26  emergency medical care or direct supervision of emergency

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

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

29  such responsibility. However, administrative support

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

31  

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    Florida Senate - 2006                           CS for SB 2246
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 1  responsibilities are in accounting, purchasing, legal, and

 2  personnel, shall not be included;

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

 4  correctional probation officer and be certified, or required

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

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

 7  supervised custody, surveillance, control, investigation, and

 8  counseling of assigned inmates, probationers, parolees, or

 9  community controllees within the community; or the member must

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

11  responsibilities. Administrative support personnel, including,

12  but not limited to, those whose primary duties and

13  responsibilities are in accounting, purchasing, legal

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

15  however, probation and parole circuit and deputy circuit

16  administrators shall participate in the Special Risk Class;

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

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

19  her time performing duties which involve contact with patients

20  or inmates in a correctional or forensic facility or

21  institution:

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

23         2.  Public health nutrition consultant (class code

24  5224);

25         3.  Psychological specialist (class codes 5230 and

26  5231);

27         4.  Psychologist (class code 5234);

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

29         6.  Regional mental health consultant (class code

30  5240);

31  

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    Florida Senate - 2006                           CS for SB 2246
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 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                           CS for SB 2246
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 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 by the Department of

19  Corrections, the Agency for Persons with Disabilities, or the

20  Department of Children and Family Services with the following

21  specified primary duties and responsibilities in one of the

22  following positions:

23         1.  Licensed practical nurses whose primary duties and

24  responsibilities include administering medication during

25  scheduled times, and as otherwise directed; and providing

26  routine practical nursing care, including assistance with

27  resident personal hygiene, feeding, vital signs, first aid,

28  dressing changes, irrigations, and enemas.

29         2.  Senior licensed practical nurses whose primary

30  duties and responsibilities include participating in the

31  screening, evaluation, and care of patients or inmates under

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    Florida Senate - 2006                           CS for SB 2246
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 1  the supervision of a physician or registered nurse; providing

 2  treatments and administering medication pursuant to

 3  physician's orders; performing specific nursing tasks

 4  including, but not limited to, venipuncture and vital signs;

 5  providing appropriate nursing intervention in emergency

 6  situations; documenting completely and accurately the care

 7  provided to a patient in his or her patient record;

 8  maintaining records and logs and assisting with data entry

 9  within the scope of nursing-related information; and

10  participating in the monitoring, requisition, and

11  documentation of the use of medications, medical supplies, and

12  equipment.

13         3.  Unit treatment and rehabilitation specialists whose

14  primary duties and responsibilities include providing direct

15  patient care to mental health residents by participation in

16  therapy sessions, activity programs, personal hygiene, and

17  individualized treatment; maintaining a secure and therapeutic

18  environment, monitoring residents' progress, and implementing

19  specialized treatments as directed by the treatment team;

20  supervising residents in recreational or cultural activities;

21  coordinating clinic visits for residents and assisting nurses

22  when necessary; and writing and reading daily notes on

23  residents' behavior, reviewing daily program notes, shift

24  reports, and logs; and keeping current on all changes in the

25  residents' records.

26         4.  Behavioral program specialists whose primary duties

27  and responsibilities include maintaining a safe, secure, and

28  therapeutic environment by implementing specialized behavior

29  control techniques; working closely with other staff to reduce

30  seclusion hours; directly supervising all unit treatment and

31  rehabilitative specialists; and writing required performance

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    Florida Senate - 2006                           CS for SB 2246
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 1  appraisals and other feedback on supervised staff in a timely

 2  manner.

 3         5.  Unit treatment and rehabilitative senior

 4  supervisors whose primary duties and responsibilities include

 5  either:

 6         a.  Directly supervising all unit treatment and

 7  rehabilitative specialists at a treatment building or in

 8  multiple buildings; reviewing progress notes and assigning and

 9  coordinating unit treatment and rehabilitative specialist

10  activities; handling all emergency situations on shift; and

11  participating in or conducting therapy sessions; or

12         b.  Directly supervising other unit treatment and

13  rehabilitative senior supervisors or behavioral program

14  specialists; coordinating activities for consistency from

15  shift to shift; preparing or implementing work schedules for

16  assigned buildings to ensure minimum coverage; approving leave

17  and schedule changes; disseminating information, policies, and

18  communications to treatment staff; serving as liaison between

19  counselors and treatment staff; and supervising and evaluating

20  volunteers and interns.

21         6.  Rehabilitation therapists whose primary duties and

22  responsibilities include supervising and coordinating resident

23  work programs to include such duties as vocational evaluation

24  and counseling of residents for placement in classroom or job

25  site training; monitoring residents in their attainment of

26  occupational skills by means of on-the-job training and

27  classroom instruction; and directly supervising resident

28  groundskeepers.

29         7.  Human service workers whose primary duties and

30  responsibilities include either:

31  

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    Florida Senate - 2006                           CS for SB 2246
    591-2457-06




 1         a.  Maintaining the resident building to meet the

 2  sanitation, safety, and infection control standards; serving

 3  meals; conducting room checks and face counts; and escorting

 4  residents to medical and other appointments as assigned; or

 5         b.  Assisting residents with their daily living

 6  activities; admitting residents into the unit; assisting with

 7  discharges; completing resident assessments and other forms as

 8  needed; and assisting with therapeutic activities as assigned.

 9  

10  In addition, the performance of these duties by the member

11  must require the member to spend at least 75 percent of his or

12  her time in contact with patients or inmates in a correctional

13  or forensic facility or institution.

14         Section 3.  This act shall take effect July 1, 2006.

15  

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                         Senate Bill 2246

18                                 

19  -    Places all positions into one new criteria paragraph and
         replaces class codes with a description of the duties and
20       responsibilities for the positions.

21  -    Adds senior licensed practical nurses to the special risk
         class.
22  
    -    Adds the Agency for Persons with Disabilities to the list
23       of employees for whom these special risk employees must
         work.
24  

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