HB 897

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

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