HB 0731

CS

CHAMBER ACTION

1	The Governmental Operations Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the Florida Retirement System; amending
7	ss. 121.021 and 121.0515, F.S.; providing membership in
8	the Special Risk Class for persons employed as nurses in
9	county correctional facilities; providing a declaration of
10	important state interest; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Subsection (15) of section 121.021, Florida
15	Statutes, is amended to read:
16	121.021  Definitions.--The following words and phrases as
17	used in this chapter have the respective meanings set forth
18	unless a different meaning is plainly required by the context:
19	(15)(a)  Until October 1, 1978, "special risk member" means
20	any officer or employee whose application is approved by the
21	administrator and who receives salary payments for work
22	performed as a peace officer; law enforcement officer; police
23	officer; highway patrol officer; custodial employee at a
24	correctional or detention facility; correctional agency employee
25	whose duties and responsibilities involve direct contact with
26	inmates, but excluding secretarial and clerical employees;
27	firefighter; or an employee in any other job in the field of law
28	enforcement or fire protection if the duties of such person are
29	certified as hazardous by his or her employer.
30	(b)  Effective October 1, 1978, "special risk member" means
31	a member of the Florida Retirement System who is designated as a
32	special risk member by the division in accordance with s.
33	121.0515. Such member must be employed as a law enforcement
34	officer, a firefighter, or a correctional officer and must meet
35	certain other special criteria as set forth in s. 121.0515.
36	(c)  Effective October 1, 1999, "special risk member" means
37	a member of the Florida Retirement System who is designated as a
38	special risk member by the division in accordance with s.
39	121.0515. Such member must be employed as a law enforcement
40	officer, a firefighter, a correctional officer, an emergency
41	medical technician, or a paramedic and must meet certain other
42	special criteria as set forth in s. 121.0515.
43	(d)1.  Effective January 1, 2001, "special risk member"
44	includes any member who is employed as a community-based
45	correctional probation officer and meets the special criteria
46	set forth in s. 121.0515(2)(e).
47	2.  Effective January 1, 2001, "special risk member"
48	includes any professional health care bargaining unit or non-
49	unit member who is employed by the Department of Corrections or
50	the Department of Children and Family Services and meets the
51	special criteria set forth in s. 121.0515(2)(f).
52	(e)  Effective July 1, 2001, the term "special risk member"
53	includes any member who is employed as a youth custody officer
54	by the Department of Juvenile Justice and meets the special
55	criteria set forth in s. 121.0515(2)(g).
56	(f)  Effective October 1, 2006, the term "special risk
57	member" includes any member who is employed by a county or a
58	sheriff to work as a registered nurse, a licensed practical
59	nurse, or an advanced registered nurse practitioner exclusively
60	in a county detention facility as defined in s. 951.23(1)(a) and
61	who meets the special criteria set forth in s. 121.0515(2)(i).
62	Section 2.  Subsection (2) of section 121.0515, Florida
63	Statutes, is amended to read:
64	121.0515  Special risk membership.--
65	(2)  CRITERIA.--A member, to be designated as a special
66	risk member, must meet the following criteria:
67	(a)  The member must be employed as a law enforcement
68	officer and be certified, or required to be certified, in
69	compliance with s. 943.1395; however, sheriffs and elected
70	police chiefs shall be excluded from meeting the certification
71	requirements of this paragraph. In addition, the member's duties
72	and responsibilities must include the pursuit, apprehension, and
73	arrest of law violators or suspected law violators; or the
74	member must be an active member of a bomb disposal unit whose
75	primary responsibility is the location, handling, and disposal
76	of explosive devices; or the member must be the supervisor or
77	command officer of a member or members who have such
78	responsibilities; provided, however, administrative support
79	personnel, including, but not limited to, those whose primary
80	duties and responsibilities are in accounting, purchasing,
81	legal, and personnel, shall not be included;
82	(b)  The member must be employed as a firefighter and be
83	certified, or required to be certified, in compliance with s.
84	633.35 and be employed solely within the fire department of a
85	local government employer or an agency of state government with
86	firefighting responsibilities. In addition, the member's duties
87	and responsibilities must include on-the-scene fighting of
88	fires, fire prevention, or firefighter training; direct
89	supervision of firefighting units, fire prevention, or
90	firefighter training; or aerial firefighting surveillance
91	performed by fixed-wing aircraft pilots employed by the Division
92	of Forestry of the Department of Agriculture and Consumer
93	Services; or the member must be the supervisor or command
94	officer of a member or members who have such responsibilities;
95	provided, however, administrative support personnel, including,
96	but not limited to, those whose primary duties and
97	responsibilities are in accounting, purchasing, legal, and
98	personnel, shall not be included and further provided that all
99	periods of creditable service in fire prevention or firefighter
100	training, or as the supervisor or command officer of a member or
101	members who have such responsibilities, and for which the
102	employer paid the special risk contribution rate, shall be
103	included;
104	(c)  The member must be employed as a correctional officer
105	and be certified, or required to be certified, in compliance
106	with s. 943.1395. In addition, the member's primary duties and
107	responsibilities must be the custody, and physical restraint
108	when necessary, of prisoners or inmates within a prison, jail,
109	or other criminal detention facility, or while on work detail
110	outside the facility, or while being transported; or the member
111	must be the supervisor or command officer of a member or members
112	who have such responsibilities; provided, however,
113	administrative support personnel, including, but not limited to,
114	those whose primary duties and responsibilities are in
115	accounting, purchasing, legal, and personnel, shall not be
116	included; however, wardens and assistant wardens, as defined by
117	rule, shall participate in the Special Risk Class;
118	(d)  The member must be employed by a licensed Advance Life
119	Support (ALS) or Basic Life Support (BLS) employer as an
120	emergency medical technician or a paramedic and be certified in
121	compliance with s. 401.27. In addition, the member's primary
122	duties and responsibilities must include on-the-scene emergency
123	medical care or direct supervision of emergency medical
124	technicians or paramedics, or the member must be the supervisor
125	or command officer of one or more members who have such
126	responsibility. However, administrative support personnel,
127	including, but not limited to, those whose primary
128	responsibilities are in accounting, purchasing, legal, and
129	personnel, shall not be included;
130	(e)  The member must be employed as a community-based
131	correctional probation officer and be certified, or required to
132	be certified, in compliance with s. 943.1395. In addition, the
133	member's primary duties and responsibilities must be the
134	supervised custody, surveillance, control, investigation, and
135	counseling of assigned inmates, probationers, parolees, or
136	community controllees within the community; or the member must
137	be the supervisor of a member or members who have such
138	responsibilities. Administrative support personnel, including,
139	but not limited to, those whose primary duties and
140	responsibilities are in accounting, purchasing, legal services,
141	and personnel management, shall not be included; however,
142	probation and parole circuit and deputy circuit administrators
143	shall participate in the Special Risk Class;
144	(f)  The member must be employed in one of the following
145	classes and must spend at least 75 percent of his or her time
146	performing duties which involve contact with patients or inmates
147	in a correctional or forensic facility or institution:
148	1.  Dietitian (class codes 5203 and 5204);
149	2.  Public health nutrition consultant (class code 5224);
150	3.  Psychological specialist (class codes 5230 and 5231);
151	4.  Psychologist (class code 5234);
152	5.  Senior psychologist (class codes 5237 and 5238);
153	6.  Regional mental health consultant (class code 5240);
154	7.  Psychological Services Director--DCF (class code 5242);
155	8.  Pharmacist (class codes 5245 and 5246);
156	9.  Senior pharmacist (class codes 5248 and 5249);
157	10.  Dentist (class code 5266);
158	11.  Senior dentist (class code 5269);
159	12.  Registered nurse (class codes 5290 and 5291);
160	13.  Senior registered nurse (class codes 5292 and 5293);
161	14.  Registered nurse specialist (class codes 5294 and
162	5295);
163	15.  Clinical associate (class codes 5298 and 5299);
164	16.  Advanced registered nurse practitioner (class codes
165	5297 and 5300);
166	17.  Advanced registered nurse practitioner specialist
167	(class codes 5304 and 5305);
168	18.  Registered nurse supervisor (class codes 5306 and
169	5307);
170	19.  Senior registered nurse supervisor (class codes 5308
171	and 5309);
172	20.  Registered nursing consultant (class codes 5312 and
173	5313);
174	21.  Quality management program supervisor (class code
175	5314);
176	22.  Executive nursing director (class codes 5320 and
177	5321);
178	23.  Speech and hearing therapist (class code 5406); or
179	24.  Pharmacy manager (class code 5251);
180	(g)  The member must be employed as a youth custody officer
181	and be certified, or required to be certified, in compliance
182	with s. 943.1395. In addition, the member's primary duties and
183	responsibilities must be the supervised custody, surveillance,
184	control, investigation, apprehension, arrest, and counseling of
185	assigned juveniles within the community; or
186	(h)  The member must be employed by a law enforcement
187	agency or medical examiner's office in a forensic discipline
188	recognized by the International Association for Identification
189	and must qualify for active membership in the International
190	Association for Identification. The member's primary duties and
191	responsibilities must include the collection, examination,
192	preservation, documentation, preparation, or analysis of
193	physical evidence or testimony, or both, or the member must be
194	the direct supervisor, quality management supervisor, or command
195	officer of one or more individuals with such responsibility.
196	Administrative support personnel, including, but not limited to,
197	those whose primary responsibilities are clerical or in
198	accounting, purchasing, legal, and personnel, shall not be
199	included; or.
200	(i)  The member must be employed by a county or a sheriff
201	to work exclusively in a county detention facility, as defined
202	in s. 951.23(1)(a), as a registered nurse, a licensed practical
203	nurse, or an advanced registered nurse practitioner, as defined
204	in s. 464.003(4)-(6), and must spend at least 75 percent of his
205	or her time performing nursing acts, as described in s.
206	464.003(3), which involve contact with inmates.
207	Section 3.  The Legislature finds that a proper and
208	legitimate state purpose is served when employees and retirees
209	of the state and its political subdivisions and the dependents,
210	survivors, and beneficiaries of such employees and retirees are
211	extended the basic protections afforded by governmental
212	retirement systems. These persons must be provided benefits that
213	are fair and adequate and that are managed, administered, and
214	funded in a sound actuarial manner, as required by section 14,
215	Article X of the State Constitution and part VII of chapter 112,
216	Florida Statutes. Therefore, the Legislature hereby determines
217	and declares that this act fulfills an important state interest.
218	Section 4.  This act shall take effect October 1, 2006.

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