Senate Bill sb0748

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    Florida Senate - 2006                                   SB 748

    By Senator Wise





    5-283-06

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; amending ss. 121.021, 121.0515, F.S.;

  4         including specified detention officers and

  5         supervisory employees of the Department of

  6         Juvenile Justice as special risk members of the

  7         system; providing an effective date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Subsection (15) of section 121.021, Florida

12  Statutes, is amended to read:

13         121.021  Definitions.--The following words and phrases

14  as used in this chapter have the respective meanings set forth

15  unless a different meaning is plainly required by the context:

16         (15)(a)  Until October 1, 1978, "special risk member"

17  means any officer or employee whose application is approved by

18  the administrator and who receives salary payments for work

19  performed as a peace officer; law enforcement officer; police

20  officer; highway patrol officer; custodial employee at a

21  correctional or detention facility; correctional agency

22  employee whose duties and responsibilities involve direct

23  contact with inmates, but excluding secretarial and clerical

24  employees; firefighter; or an employee in any other job in the

25  field of law enforcement or fire protection if the duties of

26  such person are certified as hazardous by his or her employer.

27         (b)  Effective October 1, 1978, "special risk member"

28  means a member of the Florida Retirement System who is

29  designated as a special risk member by the division in

30  accordance with s. 121.0515.  Such member must be employed as

31  a law enforcement officer, a firefighter, or a correctional

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    Florida Senate - 2006                                   SB 748
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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 July 1, 2006, the term "special risk

25  member" includes a person employed by the Department of

26  Juvenile Justice as a juvenile detention officer, a senior

27  juvenile detention officer, or a juvenile detention officer

28  supervisor or otherwise in a supervisory position.

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

30  Statutes, is amended to read:

31         121.0515  Special risk membership.--

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    Florida Senate - 2006                                   SB 748
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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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    Florida Senate - 2006                                   SB 748
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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);

31  

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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 employed by the Department of

22  Juvenile Justice as a juvenile detention officer, a senior

23  juvenile detention officer, or a juvenile detention officer

24  supervisor or otherwise in a supervisory position.

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

26  

27            *****************************************

28                          SENATE SUMMARY

29    Makes persons employed by the Department of Juvenile
      Justice in the position of juvenile detention officer,
30    senior juvenile detention officer, or juvenile detention
      officer supervisor or in other supervisory positions
31    members of the Special Risk Class of the Florida
      Retirement System.
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