Senate Bill sb0702
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Florida Senate - 2006 SB 702
By Senator Alexander
17-231-06
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 county and municipal code enforcement
6 officers; 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
13 as 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"
16 means any officer or employee whose application is approved by
17 the 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
21 employee whose duties and responsibilities involve direct
22 contact with inmates, but excluding secretarial and clerical
23 employees; firefighter; or an employee in any other job in the
24 field of law enforcement or fire protection if the duties of
25 such person are certified as hazardous by his or her employer.
26 (b) Effective October 1, 1978, "special risk member"
27 means a member of the Florida Retirement System who is
28 designated as a special risk member by the division in
29 accordance with s. 121.0515. Such member must be employed as
30 a law enforcement officer, a firefighter, or a correctional
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Florida Senate - 2006 SB 702
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1 officer and must meet certain other special criteria as set
2 forth in s. 121.0515.
3 (c) Effective October 1, 1999, "special risk member"
4 means a member of the Florida Retirement System who is
5 designated as a special risk member by the division in
6 accordance with s. 121.0515. Such member must be employed as
7 a law enforcement officer, a firefighter, a correctional
8 officer, an emergency medical technician, or a paramedic and
9 must meet certain other special criteria as set forth in s.
10 121.0515.
11 (d)1. Effective January 1, 2001, "special risk member"
12 includes any member who is employed as a community-based
13 correctional probation officer and meets the special criteria
14 set forth in s. 121.0515(2)(e).
15 2. Effective January 1, 2001, "special risk member"
16 includes any professional health care bargaining unit or
17 non-unit member who is employed by the Department of
18 Corrections or the Department of Children and Family Services
19 and meets the special criteria set forth in s. 121.0515(2)(f).
20 (e) Effective July 1, 2001, the term "special risk
21 member" includes any member who is employed as a youth custody
22 officer by the Department of Juvenile Justice and meets the
23 special criteria set forth in s. 121.0515(2)(g).
24 (f) Effective October 1, 2006, the term "special risk
25 member" includes a person employed by a county or municipality
26 who serves as a code enforcement officer as defined in s.
27 162.21.
28 Section 2. Subsection (2) of section 121.0515, Florida
29 Statutes, is amended to read:
30 121.0515 Special risk membership.--
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Florida Senate - 2006 SB 702
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1 (2) CRITERIA.--A member, to be designated as a special
2 risk member, must meet the following criteria:
3 (a) The member must be employed as a law enforcement
4 officer and be certified, or required to be certified, in
5 compliance with s. 943.1395; however, sheriffs and elected
6 police chiefs shall be excluded from meeting the certification
7 requirements of this paragraph. In addition, the member's
8 duties and responsibilities must include the pursuit,
9 apprehension, and arrest of law violators or suspected law
10 violators; or the member must be an active member of a bomb
11 disposal unit whose primary responsibility is the location,
12 handling, and disposal of explosive devices; or the member
13 must be the supervisor or command officer of a member or
14 members who have such responsibilities; provided, however,
15 administrative support personnel, including, but not limited
16 to, those whose primary duties and responsibilities are in
17 accounting, purchasing, legal, and personnel, shall not be
18 included;
19 (b) The member must be employed as a firefighter and
20 be certified, or required to be certified, in compliance with
21 s. 633.35 and be employed solely within the fire department of
22 a local government employer or an agency of state government
23 with firefighting responsibilities. In addition, the member's
24 duties and responsibilities must include on-the-scene fighting
25 of fires, fire prevention, or firefighter training; direct
26 supervision of firefighting units, fire prevention, or
27 firefighter training; or aerial firefighting surveillance
28 performed by fixed-wing aircraft pilots employed by the
29 Division of Forestry of the Department of Agriculture and
30 Consumer Services; or the member must be the supervisor or
31 command officer of a member or members who have such
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1 responsibilities; provided, however, administrative support
2 personnel, including, but not limited to, those whose primary
3 duties and responsibilities are in accounting, purchasing,
4 legal, and personnel, shall not be included and further
5 provided that all periods of creditable service in fire
6 prevention or firefighter training, or as the supervisor or
7 command officer of a member or members who have such
8 responsibilities, and for which the employer paid the special
9 risk contribution rate, shall be included;
10 (c) The member must be employed as a correctional
11 officer and be certified, or required to be certified, in
12 compliance with s. 943.1395. In addition, the member's
13 primary duties and responsibilities must be the custody, and
14 physical restraint when necessary, of prisoners or inmates
15 within a prison, jail, or other criminal detention facility,
16 or while on work detail outside the facility, or while being
17 transported; or the member must be the supervisor or command
18 officer of a member or members who have such responsibilities;
19 provided, however, administrative support personnel,
20 including, but not limited to, those whose primary duties and
21 responsibilities are in accounting, purchasing, legal, and
22 personnel, shall not be included; however, wardens and
23 assistant wardens, as defined by rule, shall participate in
24 the Special Risk Class;
25 (d) The member must be employed by a licensed Advance
26 Life Support (ALS) or Basic Life Support (BLS) employer as an
27 emergency medical technician or a paramedic and be certified
28 in compliance with s. 401.27. In addition, the member's
29 primary duties and responsibilities must include on-the-scene
30 emergency medical care or direct supervision of emergency
31 medical technicians or paramedics, or the member must be the
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1 supervisor or command officer of one or more members who have
2 such responsibility. However, administrative support
3 personnel, including, but not limited to, those whose primary
4 responsibilities are in accounting, purchasing, legal, and
5 personnel, shall not be included;
6 (e) The member must be employed as a community-based
7 correctional probation officer and be certified, or required
8 to be certified, in compliance with s. 943.1395. In addition,
9 the member's primary duties and responsibilities must be the
10 supervised custody, surveillance, control, investigation, and
11 counseling of assigned inmates, probationers, parolees, or
12 community controllees within the community; or the member must
13 be the supervisor of a member or members who have such
14 responsibilities. Administrative support personnel, including,
15 but not limited to, those whose primary duties and
16 responsibilities are in accounting, purchasing, legal
17 services, and personnel management, shall not be included;
18 however, probation and parole circuit and deputy circuit
19 administrators shall participate in the Special Risk Class;
20 (f) The member must be employed in one of the
21 following classes and must spend at least 75 percent of his or
22 her time performing duties which involve contact with patients
23 or inmates in a correctional or forensic facility or
24 institution:
25 1. Dietitian (class codes 5203 and 5204);
26 2. Public health nutrition consultant (class code
27 5224);
28 3. Psychological specialist (class codes 5230 and
29 5231);
30 4. Psychologist (class code 5234);
31 5. Senior psychologist (class codes 5237 and 5238);
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1 6. Regional mental health consultant (class code
2 5240);
3 7. Psychological Services Director--DCF (class code
4 5242);
5 8. Pharmacist (class codes 5245 and 5246);
6 9. Senior pharmacist (class codes 5248 and 5249);
7 10. Dentist (class code 5266);
8 11. Senior dentist (class code 5269);
9 12. Registered nurse (class codes 5290 and 5291);
10 13. Senior registered nurse (class codes 5292 and
11 5293);
12 14. Registered nurse specialist (class codes 5294 and
13 5295);
14 15. Clinical associate (class codes 5298 and 5299);
15 16. Advanced registered nurse practitioner (class
16 codes 5297 and 5300);
17 17. Advanced registered nurse practitioner specialist
18 (class codes 5304 and 5305);
19 18. Registered nurse supervisor (class codes 5306 and
20 5307);
21 19. Senior registered nurse supervisor (class codes
22 5308 and 5309);
23 20. Registered nursing consultant (class codes 5312
24 and 5313);
25 21. Quality management program supervisor (class code
26 5314);
27 22. Executive nursing director (class codes 5320 and
28 5321);
29 23. Speech and hearing therapist (class code 5406); or
30 24. Pharmacy manager (class code 5251);
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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; or.
21 (i) The member must be an employee or agent of a
22 county or municipality who serves as a code enforcement
23 officer as defined in s. 162.21.
24 Section 3. This act shall take effect October 1, 2006.
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27 SENATE SUMMARY
28 Extends membership in the Special Risk Class of the
Florida Retirement System to county and municipal
29 employees and agents who act as code enforcement
officers.
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