Senate Bill sb1484

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 1484

    By Senator Oelrich





    14-1400-07                                           See HB 69

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; amending ss. 121.021 and 121.0515,

  4         F.S.; providing membership in the Special Risk

  5         Class for persons employed as pilots or aerial

  6         applicators authorized to provide mosquito

  7         control services; providing a definition;

  8         providing a declaration of important state

  9         interest; providing an effective date.

10  

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

12  

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

14  of section 121.021, Florida Statutes, to read:

15         121.021  Definitions.--The following words and phrases

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

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

18         (15)

19         (f)  Effective October 1, 2007, the term "special risk

20  member" includes any member who is employed as a pilot or an

21  aerial applicator by a municipality, county, special district,

22  or state agency that is authorized to provide mosquito control

23  services under chapter 388 or by special act and who meets the

24  criteria set forth in s. 121.0515(2)(i).

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

26  Statutes, is amended to read:

27         121.0515  Special risk membership.--

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

29  risk member, must meet the following criteria:

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

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

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    Florida Senate - 2007                                  SB 1484
    14-1400-07                                           See HB 69




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

 2  police chiefs shall be excluded from meeting the certification

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

 4  duties and responsibilities must include the pursuit,

 5  apprehension, and arrest of law violators or suspected law

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

 7  disposal unit whose primary responsibility is the location,

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

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

10  members who have such responsibilities; provided, however,

11  administrative support personnel, including, but not limited

12  to, those whose primary duties and responsibilities are in

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

14  included;

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

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

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

18  a local government employer or an agency of state government

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

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

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

22  supervision of firefighting units, fire prevention, or

23  firefighter training; or aerial firefighting surveillance

24  performed by fixed-wing aircraft pilots employed by the

25  Division of Forestry of the Department of Agriculture and

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

27  command officer of a member or members who have such

28  responsibilities; provided, however, administrative support

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

30  duties and responsibilities are in accounting, purchasing,

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

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    Florida Senate - 2007                                  SB 1484
    14-1400-07                                           See HB 69




 1  provided that all periods of creditable service in fire

 2  prevention or firefighter training, or as the supervisor or

 3  command officer of a member or members who have such

 4  responsibilities, and for which the employer paid the special

 5  risk contribution rate, shall be included;

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

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

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

 9  duties and responsibilities must be the custody, and physical

10  restraint when necessary, of prisoners or inmates within a

11  prison, jail, or other criminal detention facility, or while

12  on work detail outside the facility, or while being

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

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

15  provided, however, administrative support personnel,

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

17  responsibilities are in accounting, purchasing, legal, and

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

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

20  the Special Risk Class;

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

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

23  emergency medical technician or a paramedic and be certified

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

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

26  emergency medical care or direct supervision of emergency

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

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

29  such responsibility. However, administrative support

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

31  

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    Florida Senate - 2007                                  SB 1484
    14-1400-07                                           See HB 69




 1  responsibilities are in accounting, purchasing, legal, and

 2  personnel, shall not be included;

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

 4  correctional probation officer and be certified, or required

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

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

 7  supervised custody, surveillance, control, investigation, and

 8  counseling of assigned inmates, probationers, parolees, or

 9  community controllees within the community; or the member must

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

11  responsibilities. Administrative support personnel, including,

12  but not limited to, those whose primary duties and

13  responsibilities are in accounting, purchasing, legal

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

15  however, probation and parole circuit and deputy circuit

16  administrators shall participate in the Special Risk Class;

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

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

19  her time performing duties which involve contact with patients

20  or inmates in a correctional or forensic facility or

21  institution:

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

23         2.  Public health nutrition consultant (class code

24  5224);

25         3.  Psychological specialist (class codes 5230 and

26  5231);

27         4.  Psychologist (class code 5234);

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

29         6.  Regional mental health consultant (class code

30  5240);

31  

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    Florida Senate - 2007                                  SB 1484
    14-1400-07                                           See HB 69




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

 2  5242);

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

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

 5         10.  Dentist (class code 5266);

 6         11.  Senior dentist (class code 5269);

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

 8         13.  Senior registered nurse (class codes 5292 and

 9  5293);

10         14.  Registered nurse specialist (class codes 5294 and

11  5295);

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

13         16.  Advanced registered nurse practitioner (class

14  codes 5297 and 5300);

15         17.  Advanced registered nurse practitioner specialist

16  (class codes 5304 and 5305);

17         18.  Registered nurse supervisor (class codes 5306 and

18  5307);

19         19.  Senior registered nurse supervisor (class codes

20  5308 and 5309);

21         20.  Registered nursing consultant (class codes 5312

22  and 5313);

23         21.  Quality management program supervisor (class code

24  5314);

25         22.  Executive nursing director (class codes 5320 and

26  5321);

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

28         24.  Pharmacy manager (class code 5251);

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

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

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

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    Florida Senate - 2007                                  SB 1484
    14-1400-07                                           See HB 69




 1  duties and responsibilities must be the supervised custody,

 2  surveillance, control, investigation, apprehension, arrest,

 3  and counseling of assigned juveniles within the community; or

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

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

 6  recognized by the International Association for Identification

 7  and must qualify for active membership in the International

 8  Association for Identification. The member's primary duties

 9  and responsibilities must include the collection, examination,

10  preservation, documentation, preparation, or analysis of

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

12  the direct supervisor, quality management supervisor, or

13  command officer of one or more individuals with such

14  responsibility. Administrative support personnel, including,

15  but not limited to, those whose primary responsibilities are

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

17  shall not be included; or

18         (i)  The member must be employed as a pilot or an

19  aerial applicator by a municipality, county, special district,

20  or state agency that is authorized to provide mosquito control

21  services under chapter 388 or by special act, must be licensed

22  as a pilot by the Federal Aviation Administration, and must

23  satisfy any licensure or certification requirements

24  established by the Department of Agriculture and Consumer

25  Services pursuant to s. 388.361(4). In addition, the member's

26  primary duties and responsibilities must include piloting or

27  copiloting, often at low altitudes, a rotary-wing or

28  fixed-wing aircraft for chemical application of pesticides for

29  controlling mosquitoes or other arthropods.

30         Section 3.  The Legislature finds that a proper and

31  legitimate state purpose is served when employees and retirees

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    Florida Senate - 2007                                  SB 1484
    14-1400-07                                           See HB 69




 1  of the state and its political subdivisions, and the

 2  dependents, survivors, and beneficiaries of such employees and

 3  retirees, are extended the basic protections afforded by

 4  governmental retirement systems. These persons must be

 5  provided benefits that are fair and adequate and that are

 6  managed, administered, and funded in a sound actuarial manner

 7  as required by Section 14, Article X of the State Constitution

 8  and part VII of chapter 112, Florida Statutes. Therefore, the

 9  Legislature determines and declares that this act fulfills an

10  important state interest.

11         Section 4.  This act shall take effect October 1, 2007.

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