Senate Bill sb2010

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    Florida Senate - 2007                                  SB 2010

    By Senator Oelrich





    14-1041-07

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; amending s. 121.021, F.S.; defining the

  4         term "special risk administrative support

  5         member" and redefining the term "member";

  6         amending s. 121.0515, F.S.; providing that a

  7         person qualifies for membership in the Special

  8         Risk Administrative Support Class if he or she

  9         is a public safety dispatcher or 911 operator

10         having specified duties or is the supervisor or

11         command officer of such a person; providing an

12         effective date.

13  

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

15  

16         Section 1.  Subsection (12) of section 121.021, Florida

17  Statutes, is amended, and subsection (62) is added to that

18  section, to read:

19         121.021  Definitions.--The following words and phrases

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

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

22         (12)  "Member" means any officer or employee who is

23  covered or who becomes covered under this system in accordance

24  with this chapter.  On and after December 1, 1970, all new

25  members and those members transferring from existing systems

26  shall be divided into the following classes: "Special Risk

27  Class," as provided in s. 121.0515(2); "Special Risk

28  Administrative Support Class," as provided in s. 121.0515(2)

29  and (7) s. 121.0515(7); "Elected Officers' Class," as provided

30  in s. 121.052; "Senior Management Service Class," as provided

31  in s. 121.055; and "Regular Class," which consists of all

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    Florida Senate - 2007                                  SB 2010
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 1  members who are not in the Special Risk Class, Special Risk

 2  Administrative Support Class, Elected Officers' Class, or

 3  Senior Management Service Class.

 4         (62)  Effective October 1, 2007, the term "special risk

 5  administrative support member" includes a person employed by

 6  an agency of state or local government as a public safety

 7  dispatcher or 911 operator whose duties and responsibilities

 8  include answering 911 calls; dispatching law enforcement

 9  personnel, fire rescue services, emergency management

10  services, and other public safety services to the scene of an

11  emergency; and providing real-time information from federal,

12  state, and local crime databases or supervising or serving as

13  command officer of a member or members having such duties and

14  responsibilities. However, the term does not include

15  administrative support personnel, including, but not limited

16  to, those whose primary duties and responsibilities are in

17  accounting, purchasing, legal, and personnel.

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

19  Statutes, is amended to read:

20         121.0515  Special risk membership.--

21         (2)  CRITERIA.--

22         (a)  A member, to be designated as a special risk

23  member, must meet the following criteria:

24         1.(a)  The member must be employed as a law enforcement

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

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

27  police chiefs shall be excluded from meeting the certification

28  requirements of this subparagraph paragraph. In addition, the

29  member's duties and responsibilities must include the pursuit,

30  apprehension, and arrest of law violators or suspected law

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

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 1  disposal unit whose primary responsibility is the location,

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

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

 4  members who have such responsibilities; provided, however,

 5  administrative support personnel, including, but not limited

 6  to, those whose primary duties and responsibilities are in

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

 8  included;

 9         2.(b)  The member must be employed as a firefighter and

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

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

12  a local government employer or an agency of state government

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

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

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

16  supervision of firefighting units, fire prevention, or

17  firefighter training; or aerial firefighting surveillance

18  performed by fixed-wing aircraft pilots employed by the

19  Division of Forestry of the Department of Agriculture and

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

21  command officer of a member or members who have such

22  responsibilities; provided, however, administrative support

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

24  duties and responsibilities are in accounting, purchasing,

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

26  provided that all periods of creditable service in fire

27  prevention or firefighter training, or as the supervisor or

28  command officer of a member or members who have such

29  responsibilities, and for which the employer paid the special

30  risk contribution rate, shall be included;

31  

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 1         3.(c)  The member must be employed as a correctional

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

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

 4  primary duties and responsibilities must be the custody, and

 5  physical restraint when necessary, of prisoners or inmates

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

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

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

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

10  provided, however, administrative support personnel,

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

12  responsibilities are in accounting, purchasing, legal, and

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

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

15  the Special Risk Class;

16         4.(d)  The member must be employed by a licensed

17  Advance Life Support (ALS) or Basic Life Support (BLS)

18  employer as an emergency medical technician or a paramedic and

19  be certified in compliance with s. 401.27.  In addition, the

20  member's primary duties and responsibilities must include

21  on-the-scene emergency medical care or direct supervision of

22  emergency medical technicians or paramedics, or the member

23  must be the supervisor or command officer of one or more

24  members who have such responsibility.  However, administrative

25  support personnel, including, but not limited to, those whose

26  primary responsibilities are in accounting, purchasing, legal,

27  and personnel, shall not be included;

28         5.(e)  The member must be employed as a community-based

29  correctional probation officer and be certified, or required

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

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

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 1  supervised custody, surveillance, control, investigation, and

 2  counseling of assigned inmates, probationers, parolees, or

 3  community controllees within the community; or the member must

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

 5  responsibilities. Administrative support personnel, including,

 6  but not limited to, those whose primary duties and

 7  responsibilities are in accounting, purchasing, legal

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

 9  however, probation and parole circuit and deputy circuit

10  administrators shall participate in the Special Risk Class;

11         6.(f)  The member must be employed in one of the

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

13  her time performing duties which involve contact with patients

14  or inmates in a correctional or forensic facility or

15  institution:

16         a.1.  Dietitian (class codes 5203 and 5204);

17         b.2.  Public health nutrition consultant (class code

18  5224);

19         c.3.  Psychological specialist (class codes 5230 and

20  5231);

21         d.4.  Psychologist (class code 5234);

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

23         f.6.  Regional mental health consultant (class code

24  5240);

25         g.7.  Psychological Services Director--DCF (class code

26  5242);

27         h.8.  Pharmacist (class codes 5245 and 5246);

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

29         j.10.  Dentist (class code 5266);

30         k.11.  Senior dentist (class code 5269);

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

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 1         m.13.  Senior registered nurse (class codes 5292 and

 2  5293);

 3         n.14.  Registered nurse specialist (class codes 5294

 4  and 5295);

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

 6         p.16.  Advanced registered nurse practitioner (class

 7  codes 5297 and 5300);

 8         q.17.  Advanced registered nurse practitioner

 9  specialist (class codes 5304 and 5305);

10         r.18.  Registered nurse supervisor (class codes 5306

11  and 5307);

12         s.19.  Senior registered nurse supervisor (class codes

13  5308 and 5309);

14         t.20.  Registered nursing consultant (class codes 5312

15  and 5313);

16         u.21.  Quality management program supervisor (class

17  code 5314);

18         v.22.  Executive nursing director (class codes 5320 and

19  5321);

20         w.23.  Speech and hearing therapist (class code 5406);

21  or

22         x.24.  Pharmacy manager (class code 5251);

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

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

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

26  duties and responsibilities must be the supervised custody,

27  surveillance, control, investigation, apprehension, arrest,

28  and counseling of assigned juveniles within the community; or

29         8.(h)  The member must be employed by a law enforcement

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

31  recognized by the International Association for Identification

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    Florida Senate - 2007                                  SB 2010
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 1  and must qualify for active membership in the International

 2  Association for Identification. The member's primary duties

 3  and responsibilities must include the collection, examination,

 4  preservation, documentation, preparation, or analysis of

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

 6  the direct supervisor, quality management supervisor, or

 7  command officer of one or more individuals with such

 8  responsibility. Administrative support personnel, including,

 9  but not limited to, those whose primary responsibilities are

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

11  shall not be included.

12         (b)  In addition to any other statutory method of

13  qualification, a person qualifies for membership in the

14  Special Risk Administrative Support Class if that person is

15  employed by an agency of state or local government as a public

16  safety dispatcher or 911 operator, whose duties and

17  responsibilities include answering 911 calls; dispatching law

18  enforcement personnel, fire rescue services, emergency

19  management services, and other public safety services to the

20  scene of an emergency; and providing real-time information

21  from federal, state, and local crime databases or if that

22  person is the supervisor or command officer of a member or

23  members who have such duties and responsibilities. However,

24  administrative support personnel, including, but not limited

25  to, those whose primary duties and responsibilities are in

26  accounting, purchasing, legal, and personnel, are not

27  included.

28         Section 3.  This act shall take effect October 1, 2007.

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Places public safety dispatchers and 911 operators
      employed by state or local government and performing
 4    specified duties in responding to emergency calls,
      dispatching appropriate emergency personnel, and
 5    transmitting information from criminal databases, and
      their supervisors and command personnel, in the Special
 6    Risk Administrative Support Class of the Florida
      Retirement System.
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