HB 601

1	A bill to be entitled
2	An act relating to the Florida Retirement System; amending
3	ss. 121.021 and 121.0515, F.S.; including specified
4	detention officers and supervisory employees of the
5	Department of Juvenile Justice as special risk members of
6	the system; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1.  Subsection (15) of section 121.021, Florida
11	Statutes, is amended to read:
12	121.021  Definitions.--The following words and phrases as
13	used in this chapter have the respective meanings set forth
14	unless a different meaning is plainly required by the context:
15	(15)(a)  Until October 1, 1978, "special risk member" means
16	any officer or employee whose application is approved by the
17	administrator and who receives salary payments for work
18	performed as a peace officer; law enforcement officer; police
19	officer; highway patrol officer; custodial employee at a
20	correctional or detention facility; correctional agency employee
21	whose duties and responsibilities involve direct contact with
22	inmates, but excluding secretarial and clerical employees;
23	firefighter; or an employee in any other job in the field of law
24	enforcement or fire protection if the duties of such person are
25	certified as hazardous by his or her employer.
26	(b)  Effective October 1, 1978, "special risk member" means
27	a member of the Florida Retirement System who is designated as a
28	special risk member by the division in accordance with s.
29	121.0515.  Such member must be employed as a law enforcement
30	officer, a firefighter, or a correctional officer and must meet
31	certain other special criteria as set forth in s. 121.0515.
32	(c)  Effective October 1, 1999, "special risk member" means
33	a member of the Florida Retirement System who is designated as a
34	special risk member by the division in accordance with s.
35	121.0515.  Such member must be employed as a law enforcement
36	officer, a firefighter, a correctional officer, an emergency
37	medical technician, or a paramedic and must meet certain other
38	special criteria as set forth in s. 121.0515.
39	(d)1.  Effective January 1, 2001, "special risk member"
40	includes any member who is employed as a community-based
41	correctional probation officer and meets the special criteria
42	set forth in s. 121.0515(2)(e).
43	2.  Effective January 1, 2001, "special risk member"
44	includes any professional health care bargaining unit or non-
45	unit member who is employed by the Department of Corrections or
46	the Department of Children and Family Services and meets the
47	special criteria set forth in s. 121.0515(2)(f).
48	(e)  Effective July 1, 2001, the term "special risk member"
49	includes any member who is employed as a youth custody officer
50	by the Department of Juvenile Justice and meets the special
51	criteria set forth in s. 121.0515(2)(g).
52	(f)  Effective July 1, 2006, the term "special risk member"
53	includes a person employed by the Department of Juvenile Justice
54	as a juvenile detention officer, a senior juvenile detention
55	officer, or a juvenile detention officer supervisor or otherwise
56	in a supervisory position.
57	Section 2.  Subsection (2) of section 121.0515, Florida
58	Statutes, is amended to read:
59	121.0515  Special risk membership.--
60	(2)  CRITERIA.--A member, to be designated as a special
61	risk member, must meet the following criteria:
62	(a)  The member must be employed as a law enforcement
63	officer and be certified, or required to be certified, in
64	compliance with s. 943.1395; however, sheriffs and elected
65	police chiefs shall be excluded from meeting the certification
66	requirements of this paragraph.  In addition, the member's
67	duties and responsibilities must include the pursuit,
68	apprehension, and arrest of law violators or suspected law
69	violators; or the member must be an active member of a bomb
70	disposal unit whose primary responsibility is the location,
71	handling, and disposal of explosive devices; or the member must
72	be the supervisor or command officer of a member or members who
73	have such responsibilities; provided, however, administrative
74	support personnel, including, but not limited to, those whose
75	primary duties and responsibilities are in accounting,
76	purchasing, legal, and personnel, shall not be included;
77	(b)  The member must be employed as a firefighter and be
78	certified, or required to be certified, in compliance with s.
79	633.35 and be employed solely within the fire department of a
80	local government employer or an agency of state government with
81	firefighting responsibilities. In addition, the member's duties
82	and responsibilities must include on-the-scene fighting of
83	fires, fire prevention, or firefighter training; direct
84	supervision of firefighting units, fire prevention, or
85	firefighter training; or aerial firefighting surveillance
86	performed by fixed-wing aircraft pilots employed by the Division
87	of Forestry of the Department of Agriculture and Consumer
88	Services; or the member must be the supervisor or command
89	officer of a member or members who have such responsibilities;
90	provided, however, administrative support personnel, including,
91	but not limited to, those whose primary duties and
92	responsibilities are in accounting, purchasing, legal, and
93	personnel, shall not be included and further provided that all
94	periods of creditable service in fire prevention or firefighter
95	training, or as the supervisor or command officer of a member or
96	members who have such responsibilities, and for which the
97	employer paid the special risk contribution rate, shall be
98	included;
99	(c)  The member must be employed as a correctional officer
100	and be certified, or required to be certified, in compliance
101	with s. 943.1395.  In addition, the member's primary duties and
102	responsibilities must be the custody, and physical restraint
103	when necessary, of prisoners or inmates within a prison, jail,
104	or other criminal detention facility, or while on work detail
105	outside the facility, or while being transported; or the member
106	must be the supervisor or command officer of a member or members
107	who have such responsibilities; provided, however,
108	administrative support personnel, including, but not limited to,
109	those whose primary duties and responsibilities are in
110	accounting, purchasing, legal, and personnel, shall not be
111	included; however, wardens and assistant wardens, as defined by
112	rule, shall participate in the Special Risk Class;
113	(d)  The member must be employed by a licensed Advance Life
114	Support (ALS) or Basic Life Support (BLS) employer as an
115	emergency medical technician or a paramedic and be certified in
116	compliance with s. 401.27.  In addition, the member's primary
117	duties and responsibilities must include on-the-scene emergency
118	medical care or direct supervision of emergency medical
119	technicians or paramedics, or the member must be the supervisor
120	or command officer of one or more members who have such
121	responsibility.  However, administrative support personnel,
122	including, but not limited to, those whose primary
123	responsibilities are in accounting, purchasing, legal, and
124	personnel, shall not be included;
125	(e)  The member must be employed as a community-based
126	correctional probation officer and be certified, or required to
127	be certified, in compliance with s. 943.1395.  In addition, the
128	member's primary duties and responsibilities must be the
129	supervised custody, surveillance, control, investigation, and
130	counseling of assigned inmates, probationers, parolees, or
131	community controllees within the community; or the member must
132	be the supervisor of a member or members who have such
133	responsibilities. Administrative support personnel, including,
134	but not limited to, those whose primary duties and
135	responsibilities are in accounting, purchasing, legal services,
136	and personnel management, shall not be included; however,
137	probation and parole circuit and deputy circuit administrators
138	shall participate in the Special Risk Class;
139	(f)  The member must be employed in one of the following
140	classes and must spend at least 75 percent of his or her time
141	performing duties which involve contact with patients or inmates
142	in a correctional or forensic facility or institution:
143	1.  Dietitian (class codes 5203 and 5204);
144	2.  Public health nutrition consultant (class code 5224);
145	3.  Psychological specialist (class codes 5230 and 5231);
146	4.  Psychologist (class code 5234);
147	5.  Senior psychologist (class codes 5237 and 5238);
148	6.  Regional mental health consultant (class code 5240);
149	7.  Psychological Services Director--DCF (class code 5242);
150	8.  Pharmacist (class codes 5245 and 5246);
151	9.  Senior pharmacist (class codes 5248 and 5249);
152	10.  Dentist (class code 5266);
153	11.  Senior dentist (class code 5269);
154	12.  Registered nurse (class codes 5290 and 5291);
155	13.  Senior registered nurse (class codes 5292 and 5293);
156	14.  Registered nurse specialist (class codes 5294 and
157	5295);
158	15.  Clinical associate (class codes 5298 and 5299);
159	16.  Advanced registered nurse practitioner (class codes
160	5297 and 5300);
161	17.  Advanced registered nurse practitioner specialist
162	(class codes 5304 and 5305);
163	18.  Registered nurse supervisor (class codes 5306 and
164	5307);
165	19.  Senior registered nurse supervisor (class codes 5308
166	and 5309);
167	20.  Registered nursing consultant (class codes 5312 and
168	5313);
169	21.  Quality management program supervisor (class code
170	5314);
171	22.  Executive nursing director (class codes 5320 and
172	5321);
173	23.  Speech and hearing therapist (class code 5406); or
174	24.  Pharmacy manager (class code 5251);
175	(g)  The member must be employed as a youth custody officer
176	and be certified, or required to be certified, in compliance
177	with s. 943.1395. In addition, the member's primary duties and
178	responsibilities must be the supervised custody, surveillance,
179	control, investigation, apprehension, arrest, and counseling of
180	assigned juveniles within the community; or
181	(h)  The member must be employed by a law enforcement
182	agency or medical examiner's office in a forensic discipline
183	recognized by the International Association for Identification
184	and must qualify for active membership in the International
185	Association for Identification. The member's primary duties and
186	responsibilities must include the collection, examination,
187	preservation, documentation, preparation, or analysis of
188	physical evidence or testimony, or both, or the member must be
189	the direct supervisor, quality management supervisor, or command
190	officer of one or more individuals with such responsibility.
191	Administrative support personnel, including, but not limited to,
192	those whose primary responsibilities are clerical or in
193	accounting, purchasing, legal, and personnel, shall not be
194	included; or.
195	(i)  The member must be employed by the Department of
196	Juvenile Justice as a juvenile detention officer, a senior
197	juvenile detention officer, or a juvenile detention officer
198	supervisor or otherwise in a supervisory position.
199	Section 3.  This act shall take effect July 1, 2006.

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