Senate Bill sb1304

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    Florida Senate - 2007                                  SB 1304

    By Senator Hill





    1-1490-07

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; amending s. 121.021, F.S.; redefining

  4         the term "special risk member" for the purposes

  5         of the Florida Retirement System to include

  6         certain members employed by certain public

  7         acute care hospitals; amending s. 121.0515,

  8         F.S.; revising criteria for membership in the

  9         special risk class to include certain members

10         employed by certain public acute care

11         hospitals; providing a statement of important

12         state interest; providing an effective date.

13  

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

15  

16         Section 1.  Paragraph (f) is added to subsection (15)

17  of section 121.021, Florida Statutes, to read:

18         121.021  Definitions.--The following words and phrases

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

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

21         (15)

22         (f)  Effective July 1, 2007, the term "special risk

23  member" includes any member who is employed by a public acute

24  care hospital that serves as a trauma center and that provides

25  treatment to members of the public who have deadly or

26  crippling infectious diseases, members of the public who are

27  accused of or convicted of serious violent crimes, members of

28  the public who have been subjected to hazardous materials or

29  biological or chemical agents as a result of terrorism or

30  industrial accidents, or members of the public who have

31  

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    Florida Senate - 2007                                  SB 1304
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 1  diseases the treatment of which requires interventions with

 2  extremely toxic substances.

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

 4  Statutes, is amended to read:

 5         121.0515  Special risk membership.--

 6         (2)  CRITERIA.--A member, to be designated as a special

 7  risk member, must meet the following criteria:

 8         (a)  The member must be employed as a law enforcement

 9  officer and be certified, or required to be certified, in

10  compliance with s. 943.1395; however, sheriffs and elected

11  police chiefs shall be excluded from meeting the certification

12  requirements of this paragraph.  In addition, the member's

13  duties and responsibilities must include the pursuit,

14  apprehension, and arrest of law violators or suspected law

15  violators; or the member must be an active member of a bomb

16  disposal unit whose primary responsibility is the location,

17  handling, and disposal of explosive devices; or the member

18  must be the supervisor or command officer of a member or

19  members who have such responsibilities; provided, however,

20  administrative support personnel, including, but not limited

21  to, those whose primary duties and responsibilities are in

22  accounting, purchasing, legal, and personnel, shall not be

23  included;

24         (b)  The member must be employed as a firefighter and

25  be certified, or required to be certified, in compliance with

26  s. 633.35 and be employed solely within the fire department of

27  a local government employer or an agency of state government

28  with firefighting responsibilities. In addition, the member's

29  duties and responsibilities must include on-the-scene fighting

30  of fires, fire prevention, or firefighter training; direct

31  supervision of firefighting units, fire prevention, or

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    Florida Senate - 2007                                  SB 1304
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 1  firefighter training; or aerial firefighting surveillance

 2  performed by fixed-wing aircraft pilots employed by the

 3  Division of Forestry of the Department of Agriculture and

 4  Consumer Services; or the member must be the supervisor or

 5  command officer of a member or members who have such

 6  responsibilities; provided, however, administrative support

 7  personnel, including, but not limited to, those whose primary

 8  duties and responsibilities are in accounting, purchasing,

 9  legal, and personnel, shall not be included and further

10  provided that all periods of creditable service in fire

11  prevention or firefighter training, or as the supervisor or

12  command officer of a member or members who have such

13  responsibilities, and for which the employer paid the special

14  risk contribution rate, shall be included;

15         (c)  The member must be employed as a correctional

16  officer and be certified, or required to be certified, in

17  compliance with s. 943.1395.  In addition, the member's

18  primary duties and responsibilities must be the custody, and

19  physical restraint when necessary, of prisoners or inmates

20  within a prison, jail, or other criminal detention facility,

21  or while on work detail outside the facility, or while being

22  transported; or the member must be the supervisor or command

23  officer of a member or members who have such responsibilities;

24  provided, however, administrative support personnel,

25  including, but not limited to, those whose primary duties and

26  responsibilities are in accounting, purchasing, legal, and

27  personnel, shall not be included; however, wardens and

28  assistant wardens, as defined by rule, shall participate in

29  the Special Risk Class;

30         (d)  The member must be employed by a licensed Advance

31  Life Support (ALS) or Basic Life Support (BLS) employer as an

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    Florida Senate - 2007                                  SB 1304
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 1  emergency medical technician or a paramedic and be certified

 2  in compliance with s. 401.27.  In addition, the member's

 3  primary duties and responsibilities must include on-the-scene

 4  emergency medical care or direct supervision of emergency

 5  medical technicians or paramedics, or the member must be the

 6  supervisor or command officer of one or more members who have

 7  such responsibility.  However, administrative support

 8  personnel, including, but not limited to, those whose primary

 9  responsibilities are in accounting, purchasing, legal, and

10  personnel, shall not be included;

11         (e)  The member must be employed as a community-based

12  correctional probation officer and be certified, or required

13  to be certified, in compliance with s. 943.1395.  In addition,

14  the member's primary duties and responsibilities must be the

15  supervised custody, surveillance, control, investigation, and

16  counseling of assigned inmates, probationers, parolees, or

17  community controllees within the community; or the member must

18  be the supervisor of a member or members who have such

19  responsibilities. Administrative support personnel, including,

20  but not limited to, those whose primary duties and

21  responsibilities are in accounting, purchasing, legal

22  services, and personnel management, shall not be included;

23  however, probation and parole circuit and deputy circuit

24  administrators shall participate in the Special Risk Class;

25         (f)  The member must be employed in one of the

26  following classes and must spend at least 75 percent of his or

27  her time performing duties which involve contact with patients

28  or inmates in a correctional or forensic facility or

29  institution:

30         1.  Dietitian (class codes 5203 and 5204);

31  

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    Florida Senate - 2007                                  SB 1304
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 1         2.  Public health nutrition consultant (class code

 2  5224);

 3         3.  Psychological specialist (class codes 5230 and

 4  5231);

 5         4.  Psychologist (class code 5234);

 6         5.  Senior psychologist (class codes 5237 and 5238);

 7         6.  Regional mental health consultant (class code

 8  5240);

 9         7.  Psychological Services Director--DCF (class code

10  5242);

11         8.  Pharmacist (class codes 5245 and 5246);

12         9.  Senior pharmacist (class codes 5248 and 5249);

13         10.  Dentist (class code 5266);

14         11.  Senior dentist (class code 5269);

15         12.  Registered nurse (class codes 5290 and 5291);

16         13.  Senior registered nurse (class codes 5292 and

17  5293);

18         14.  Registered nurse specialist (class codes 5294 and

19  5295);

20         15.  Clinical associate (class codes 5298 and 5299);

21         16.  Advanced registered nurse practitioner (class

22  codes 5297 and 5300);

23         17.  Advanced registered nurse practitioner specialist

24  (class codes 5304 and 5305);

25         18.  Registered nurse supervisor (class codes 5306 and

26  5307);

27         19.  Senior registered nurse supervisor (class codes

28  5308 and 5309);

29         20.  Registered nursing consultant (class codes 5312

30  and 5313);

31  

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    Florida Senate - 2007                                  SB 1304
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 1         21.  Quality management program supervisor (class code

 2  5314);

 3         22.  Executive nursing director (class codes 5320 and

 4  5321);

 5         23.  Speech and hearing therapist (class code 5406); or

 6         24.  Pharmacy manager (class code 5251);

 7         (g)  The member must be employed as a youth custody

 8  officer and be certified, or required to be certified, in

 9  compliance with s. 943.1395. In addition, the member's primary

10  duties and responsibilities must be the supervised custody,

11  surveillance, control, investigation, apprehension, arrest,

12  and counseling of assigned juveniles within the community; or

13         (h)  The member must be employed by a law enforcement

14  agency or medical examiner's office in a forensic discipline

15  recognized by the International Association for Identification

16  and must qualify for active membership in the International

17  Association for Identification. The member's primary duties

18  and responsibilities must include the collection, examination,

19  preservation, documentation, preparation, or analysis of

20  physical evidence or testimony, or both, or the member must be

21  the direct supervisor, quality management supervisor, or

22  command officer of one or more individuals with such

23  responsibility. Administrative support personnel, including,

24  but not limited to, those whose primary responsibilities are

25  clerical or in accounting, purchasing, legal, and personnel,

26  shall not be included; or.

27         (i)  The member must be employed by a public acute care

28  hospital that serves as a trauma center and that provides

29  treatment to members of the public who have deadly or

30  crippling infectious diseases, members of the public who are

31  accused of or convicted of serious violent crimes, members of

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    Florida Senate - 2007                                  SB 1304
    1-1490-07




 1  the public who have been subjected to hazardous materials or

 2  biological or chemical agents as a result of terrorism or

 3  industrial accidents, or members of the public who have

 4  diseases the treatment of which requires interventions with

 5  extremely toxic substances.

 6         Section 3.  The Legislature finds that in providing

 7  treatment to members of the public who have deadly or

 8  crippling infectious diseases, members of the public who are

 9  accused of or convicted of serious violent crimes, members of

10  the public who have been subjected to hazardous materials or

11  biological or chemical agents as a result of terrorism or

12  industrial accidents, or members of the public who have

13  diseases the treatment of which requires interventions with

14  extremely toxic substances, a member of the Florida Retirement

15  System who is employed by a public acute care hospital that

16  serves as a trauma center is serving an important state

17  interest and should be a member of the special risk class of

18  the Florida Retirement System.

19         Section 4.  This act shall take effect July 1, 2007.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Includes a member of the Florida Retirement System in the
      special risk class of the system if the member is
24    employed by a public acute care hospital that serves as a
      trauma center and that provides treatment to members of
25    the public who have deadly or crippling infectious
      diseases, members of the public who are accused of or
26    convicted of serious violent crimes, members of the
      public who have been subjected to hazardous materials or
27    biological or chemical agents as a result of terrorism or
      industrial accidents, or members of the public who have
28    diseases the treatment of which requires intervention
      with extremely toxic substances.
29  

30  

31  

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