HB 731

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.; providing membership in
4	the Special Risk Class for persons employed as nurses in
5	county correctional facilities; providing a declaration of
6	important state interest; 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 October 1, 2006, the term "special risk
53	member" includes a person employed as a nurse whose duties
54	involve contact with inmates in a county correctional facility.
55	Section 2.  Subsection (2) of section 121.0515, Florida
56	Statutes, is amended to read:
57	121.0515  Special risk membership.--
58	(2)  CRITERIA.--A member, to be designated as a special
59	risk member, must meet the following criteria:
60	(a)  The member must be employed as a law enforcement
61	officer and be certified, or required to be certified, in
62	compliance with s. 943.1395; however, sheriffs and elected
63	police chiefs shall be excluded from meeting the certification
64	requirements of this paragraph. In addition, the member's duties
65	and responsibilities must include the pursuit, apprehension, and
66	arrest of law violators or suspected law violators; or the
67	member must be an active member of a bomb disposal unit whose
68	primary responsibility is the location, handling, and disposal
69	of explosive devices; or the member must be the supervisor or
70	command officer of a member or members who have such
71	responsibilities; provided, however, administrative support
72	personnel, including, but not limited to, those whose primary
73	duties and responsibilities are in accounting, purchasing,
74	legal, and personnel, shall not be included;
75	(b)  The member must be employed as a firefighter and be
76	certified, or required to be certified, in compliance with s.
77	633.35 and be employed solely within the fire department of a
78	local government employer or an agency of state government with
79	firefighting responsibilities. In addition, the member's duties
80	and responsibilities must include on-the-scene fighting of
81	fires, fire prevention, or firefighter training; direct
82	supervision of firefighting units, fire prevention, or
83	firefighter training; or aerial firefighting surveillance
84	performed by fixed-wing aircraft pilots employed by the Division
85	of Forestry of the Department of Agriculture and Consumer
86	Services; or the member must be the supervisor or command
87	officer of a member or members who have such responsibilities;
88	provided, however, administrative support personnel, including,
89	but not limited to, those whose primary duties and
90	responsibilities are in accounting, purchasing, legal, and
91	personnel, shall not be included and further provided that all
92	periods of creditable service in fire prevention or firefighter
93	training, or as the supervisor or command officer of a member or
94	members who have such responsibilities, and for which the
95	employer paid the special risk contribution rate, shall be
96	included;
97	(c)  The member must be employed as a correctional officer
98	and be certified, or required to be certified, in compliance
99	with s. 943.1395. In addition, the member's primary duties and
100	responsibilities must be the custody, and physical restraint
101	when necessary, of prisoners or inmates within a prison, jail,
102	or other criminal detention facility, or while on work detail
103	outside the facility, or while being transported; or the member
104	must be the supervisor or command officer of a member or members
105	who have such responsibilities; provided, however,
106	administrative support personnel, including, but not limited to,
107	those whose primary duties and responsibilities are in
108	accounting, purchasing, legal, and personnel, shall not be
109	included; however, wardens and assistant wardens, as defined by
110	rule, shall participate in the Special Risk Class;
111	(d)  The member must be employed by a licensed Advance Life
112	Support (ALS) or Basic Life Support (BLS) employer as an
113	emergency medical technician or a paramedic and be certified in
114	compliance with s. 401.27. In addition, the member's primary
115	duties and responsibilities must include on-the-scene emergency
116	medical care or direct supervision of emergency medical
117	technicians or paramedics, or the member must be the supervisor
118	or command officer of one or more members who have such
119	responsibility. However, administrative support personnel,
120	including, but not limited to, those whose primary
121	responsibilities are in accounting, purchasing, legal, and
122	personnel, shall not be included;
123	(e)  The member must be employed as a community-based
124	correctional probation officer and be certified, or required to
125	be certified, in compliance with s. 943.1395. In addition, the
126	member's primary duties and responsibilities must be the
127	supervised custody, surveillance, control, investigation, and
128	counseling of assigned inmates, probationers, parolees, or
129	community controllees within the community; or the member must
130	be the supervisor of a member or members who have such
131	responsibilities. Administrative support personnel, including,
132	but not limited to, those whose primary duties and
133	responsibilities are in accounting, purchasing, legal services,
134	and personnel management, shall not be included; however,
135	probation and parole circuit and deputy circuit administrators
136	shall participate in the Special Risk Class;
137	(f)  The member must be employed in one of the following
138	classes and must spend at least 75 percent of his or her time
139	performing duties which involve contact with patients or inmates
140	in a correctional or forensic facility or institution:
141	1.  Dietitian (class codes 5203 and 5204);
142	2.  Public health nutrition consultant (class code 5224);
143	3.  Psychological specialist (class codes 5230 and 5231);
144	4.  Psychologist (class code 5234);
145	5.  Senior psychologist (class codes 5237 and 5238);
146	6.  Regional mental health consultant (class code 5240);
147	7.  Psychological Services Director--DCF (class code 5242);
148	8.  Pharmacist (class codes 5245 and 5246);
149	9.  Senior pharmacist (class codes 5248 and 5249);
150	10.  Dentist (class code 5266);
151	11.  Senior dentist (class code 5269);
152	12.  Registered nurse (class codes 5290 and 5291);
153	13.  Senior registered nurse (class codes 5292 and 5293);
154	14.  Registered nurse specialist (class codes 5294 and
155	5295);
156	15.  Clinical associate (class codes 5298 and 5299);
157	16.  Advanced registered nurse practitioner (class codes
158	5297 and 5300);
159	17.  Advanced registered nurse practitioner specialist
160	(class codes 5304 and 5305);
161	18.  Registered nurse supervisor (class codes 5306 and
162	5307);
163	19.  Senior registered nurse supervisor (class codes 5308
164	and 5309);
165	20.  Registered nursing consultant (class codes 5312 and
166	5313);
167	21.  Quality management program supervisor (class code
168	5314);
169	22.  Executive nursing director (class codes 5320 and
170	5321);
171	23.  Speech and hearing therapist (class code 5406); or
172	24.  Pharmacy manager (class code 5251);
173	(g)  The member must be employed as a youth custody officer
174	and be certified, or required to be certified, in compliance
175	with s. 943.1395. In addition, the member's primary duties and
176	responsibilities must be the supervised custody, surveillance,
177	control, investigation, apprehension, arrest, and counseling of
178	assigned juveniles within the community; or
179	(h)  The member must be employed by a law enforcement
180	agency or medical examiner's office in a forensic discipline
181	recognized by the International Association for Identification
182	and must qualify for active membership in the International
183	Association for Identification. The member's primary duties and
184	responsibilities must include the collection, examination,
185	preservation, documentation, preparation, or analysis of
186	physical evidence or testimony, or both, or the member must be
187	the direct supervisor, quality management supervisor, or command
188	officer of one or more individuals with such responsibility.
189	Administrative support personnel, including, but not limited to,
190	those whose primary responsibilities are clerical or in
191	accounting, purchasing, legal, and personnel, shall not be
192	included; or.
193	(i)  The member must be employed as a nurse whose duties
194	involve contact with inmates in a county correctional facility.
195	Section 3.  The Legislature finds that a proper and
196	legitimate state purpose is served when employees and retirees
197	of the state and its political subdivisions and the dependents,
198	survivors, and beneficiaries of such employees and retirees are
199	extended the basic protections afforded by governmental
200	retirement systems. These persons must be provided benefits that
201	are fair and adequate and that are managed, administered, and
202	funded in a sound actuarial manner, as required by section 14,
203	Article X of the State Constitution and part VII of chapter 112,
204	Florida Statutes. Therefore, the Legislature hereby determines
205	and declares that this act fulfills an important state interest.
206	Section 4.  This act shall take effect October 1, 2006.

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