HB 901

1
A bill to be entitled
2An act relating to the Florida Retirement System; amending
3ss. 121.021 and 121.0515, F.S.; providing membership in
4the Special Risk Class of the system for persons employed
5full time as ocean water rescue lifeguards who meet other
6specified qualifications; providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Paragraph (f) is added to subsection (15) of
11section 121.021, Florida Statutes, to read:
12     121.021  Definitions.--The following words and phrases as
13used in this chapter have the respective meanings set forth
14unless a different meaning is plainly required by the context:
15     (15)
16     (f)  Effective October 1, 2006, the term "special risk
17member" includes any person who works full time as an ocean
18water rescue lifeguard and who works directly under the
19supervision of a fire rescue department, is supervised by a
20medical director, and is certified in compliance with s. 401.27
21as an emergency medical technician or paramedic.
22     Section 2.  Subsection (2) of section 121.0515, Florida
23Statutes, is amended to read:
24     121.0515  Special risk membership.--
25     (2)  CRITERIA.--A member, to be designated as a special
26risk member, must meet the following criteria:
27     (a)  The member must be employed as a law enforcement
28officer and be certified, or required to be certified, in
29compliance with s. 943.1395; however, sheriffs and elected
30police chiefs shall be excluded from meeting the certification
31requirements of this paragraph. In addition, the member's duties
32and responsibilities must include the pursuit, apprehension, and
33arrest of law violators or suspected law violators; or the
34member must be an active member of a bomb disposal unit whose
35primary responsibility is the location, handling, and disposal
36of explosive devices; or the member must be the supervisor or
37command officer of a member or members who have such
38responsibilities; provided, however, administrative support
39personnel, including, but not limited to, those whose primary
40duties and responsibilities are in accounting, purchasing,
41legal, and personnel, shall not be included;
42     (b)  The member must be employed as a firefighter and be
43certified, or required to be certified, in compliance with s.
44633.35 and be employed solely within the fire department of a
45local government employer or an agency of state government with
46firefighting responsibilities. In addition, the member's duties
47and responsibilities must include on-the-scene fighting of
48fires, fire prevention, or firefighter training; direct
49supervision of firefighting units, fire prevention, or
50firefighter training; or aerial firefighting surveillance
51performed by fixed-wing aircraft pilots employed by the Division
52of Forestry of the Department of Agriculture and Consumer
53Services; or the member must be the supervisor or command
54officer of a member or members who have such responsibilities;
55provided, however, administrative support personnel, including,
56but not limited to, those whose primary duties and
57responsibilities are in accounting, purchasing, legal, and
58personnel, shall not be included and further provided that all
59periods of creditable service in fire prevention or firefighter
60training, or as the supervisor or command officer of a member or
61members who have such responsibilities, and for which the
62employer paid the special risk contribution rate, shall be
63included;
64     (c)  The member must be employed as a correctional officer
65and be certified, or required to be certified, in compliance
66with s. 943.1395. In addition, the member's primary duties and
67responsibilities must be the custody, and physical restraint
68when necessary, of prisoners or inmates within a prison, jail,
69or other criminal detention facility, or while on work detail
70outside the facility, or while being transported; or the member
71must be the supervisor or command officer of a member or members
72who have such responsibilities; provided, however,
73administrative support personnel, including, but not limited to,
74those whose primary duties and responsibilities are in
75accounting, purchasing, legal, and personnel, shall not be
76included; however, wardens and assistant wardens, as defined by
77rule, shall participate in the Special Risk Class;
78     (d)1.a.  The member must be employed by a licensed Advance
79Life Support (ALS) or Basic Life Support (BLS) employer as an
80emergency medical technician or a paramedic and be certified in
81compliance with s. 401.27. In addition, the member's primary
82duties and responsibilities must include on-the-scene emergency
83medical care or direct supervision of emergency medical
84technicians or paramedics, or the member must be the supervisor
85or command officer of one or more members who have such
86responsibility.
87     b.  The member must work directly under the supervision of
88a fire rescue department, be supervised by a medical director,
89be certified in compliance with s. 401.27 as an emergency
90medical technician or paramedic, and work full time as an ocean
91water rescue lifeguard.
92     2.  However, administrative support personnel, including,
93but not limited to, those whose primary responsibilities are in
94accounting, purchasing, legal, and personnel, shall not be
95included;
96     (e)  The member must be employed as a community-based
97correctional probation officer and be certified, or required to
98be certified, in compliance with s. 943.1395. In addition, the
99member's primary duties and responsibilities must be the
100supervised custody, surveillance, control, investigation, and
101counseling of assigned inmates, probationers, parolees, or
102community controllees within the community; or the member must
103be the supervisor of a member or members who have such
104responsibilities. Administrative support personnel, including,
105but not limited to, those whose primary duties and
106responsibilities are in accounting, purchasing, legal services,
107and personnel management, shall not be included; however,
108probation and parole circuit and deputy circuit administrators
109shall participate in the Special Risk Class;
110     (f)  The member must be employed in one of the following
111classes and must spend at least 75 percent of his or her time
112performing duties which involve contact with patients or inmates
113in a correctional or forensic facility or institution:
114     1.  Dietitian (class codes 5203 and 5204);
115     2.  Public health nutrition consultant (class code 5224);
116     3.  Psychological specialist (class codes 5230 and 5231);
117     4.  Psychologist (class code 5234);
118     5.  Senior psychologist (class codes 5237 and 5238);
119     6.  Regional mental health consultant (class code 5240);
120     7.  Psychological Services Director--DCF (class code 5242);
121     8.  Pharmacist (class codes 5245 and 5246);
122     9.  Senior pharmacist (class codes 5248 and 5249);
123     10.  Dentist (class code 5266);
124     11.  Senior dentist (class code 5269);
125     12.  Registered nurse (class codes 5290 and 5291);
126     13.  Senior registered nurse (class codes 5292 and 5293);
127     14.  Registered nurse specialist (class codes 5294 and
1285295);
129     15.  Clinical associate (class codes 5298 and 5299);
130     16.  Advanced registered nurse practitioner (class codes
1315297 and 5300);
132     17.  Advanced registered nurse practitioner specialist
133(class codes 5304 and 5305);
134     18.  Registered nurse supervisor (class codes 5306 and
1355307);
136     19.  Senior registered nurse supervisor (class codes 5308
137and 5309);
138     20.  Registered nursing consultant (class codes 5312 and
1395313);
140     21.  Quality management program supervisor (class code
1415314);
142     22.  Executive nursing director (class codes 5320 and
1435321);
144     23.  Speech and hearing therapist (class code 5406); or
145     24.  Pharmacy manager (class code 5251);
146     (g)  The member must be employed as a youth custody officer
147and be certified, or required to be certified, in compliance
148with s. 943.1395. In addition, the member's primary duties and
149responsibilities must be the supervised custody, surveillance,
150control, investigation, apprehension, arrest, and counseling of
151assigned juveniles within the community; or
152     (h)  The member must be employed by a law enforcement
153agency or medical examiner's office in a forensic discipline
154recognized by the International Association for Identification
155and must qualify for active membership in the International
156Association for Identification. The member's primary duties and
157responsibilities must include the collection, examination,
158preservation, documentation, preparation, or analysis of
159physical evidence or testimony, or both, or the member must be
160the direct supervisor, quality management supervisor, or command
161officer of one or more individuals with such responsibility.
162Administrative support personnel, including, but not limited to,
163those whose primary responsibilities are clerical or in
164accounting, purchasing, legal, and personnel, shall not be
165included.
166     Section 3.  This act shall take effect October 1, 2006.


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