HB 225

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.; providing membership in
4	the Special Risk Class for public safety dispatchers and
5	911 operators and their supervisors; providing an
6	effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1.  Subsection (15) of section 121.021, Florida
11	Statutes, is amended to read:
12	121.021  Definitions.--The following words and phrases as
13	used in this chapter have the respective meanings set forth
14	unless a different meaning is plainly required by the context:
15	(15)(a)  Until October 1, 1978, "special risk member" means
16	any officer or employee whose application is approved by the
17	administrator and who receives salary payments for work
18	performed as a peace officer; law enforcement officer; police
19	officer; highway patrol officer; custodial employee at a
20	correctional or detention facility; correctional agency employee
21	whose duties and responsibilities involve direct contact with
22	inmates, but excluding secretarial and clerical employees;
23	firefighter; or an employee in any other job in the field of law
24	enforcement or fire protection if the duties of such person are
25	certified as hazardous by his or her employer.
26	(b)  Effective October 1, 1978, "special risk member" means
27	a member of the Florida Retirement System who is designated as a
28	special risk member by the division in accordance with s.
29	121.0515.  Such member must be employed as a law enforcement
30	officer, a firefighter, or a correctional officer and must meet
31	certain other special criteria as set forth in s. 121.0515.
32	(c)  Effective October 1, 1999, "special risk member" means
33	a member of the Florida Retirement System who is designated as a
34	special risk member by the division in accordance with s.
35	121.0515. Such member must be employed as a law enforcement
36	officer, a firefighter, a correctional officer, an emergency
37	medical technician, or a paramedic and must meet certain other
38	special criteria as set forth in s. 121.0515.
39	(d)1.  Effective January 1, 2001, "special risk member"
40	includes any member who is employed as a community-based
41	correctional probation officer and meets the special criteria
42	set forth in s. 121.0515(2)(e).
43	2.  Effective January 1, 2001, "special risk member"
44	includes any professional health care bargaining unit or non-
45	unit member who is employed by the Department of Corrections or
46	the Department of Children and Family Services and meets the
47	special criteria set forth in s. 121.0515(2)(f).
48	(e)  Effective July 1, 2001, the term "special risk member"
49	includes any member who is employed as a youth custody officer
50	by the Department of Juvenile Justice and meets the special
51	criteria set forth in s. 121.0515(2)(g).
52	(f)  Effective October 1, 2007, the term "special risk
53	member" includes a person employed by an agency of state or
54	local government as a public safety dispatcher or 911 operator
55	whose duties and responsibilities include answering 911 calls;
56	dispatching law enforcement, fire rescue services, emergency
57	management services, and other public safety services to the
58	scene of an emergency; and providing real-time information from
59	federal, state, and local crime databases or supervising or
60	serving as command officer of a member or members having such
61	duties and responsibilities. However, the term does not include
62	administrative support personnel, including, but not limited to,
63	those whose primary duties and responsibilities are in
64	accounting, purchasing, legal, and personnel.
65	Section 2.  Subsection (2) of section 121.0515, Florida
66	Statutes, is amended to read:
67	121.0515  Special risk membership.--
68	(2)  CRITERIA.--A member, to be designated as a special
69	risk member, must meet the following criteria:
70	(a)  The member must be employed as a law enforcement
71	officer and be certified, or required to be certified, in
72	compliance with s. 943.1395; however, sheriffs and elected
73	police chiefs shall be excluded from meeting the certification
74	requirements of this paragraph.  In addition, the member's
75	duties and responsibilities must include the pursuit,
76	apprehension, and arrest of law violators or suspected law
77	violators; or the member must be an active member of a bomb
78	disposal unit whose primary responsibility is the location,
79	handling, and disposal of explosive devices; or the member must
80	be the supervisor or command officer of a member or members who
81	have such responsibilities; provided, however, administrative
82	support personnel, including, but not limited to, those whose
83	primary duties and responsibilities are in accounting,
84	purchasing, legal, and personnel, shall not be included;
85	(b)  The member must be employed as a firefighter and be
86	certified, or required to be certified, in compliance with s.
87	633.35 and be employed solely within the fire department of a
88	local government employer or an agency of state government with
89	firefighting responsibilities. In addition, the member's duties
90	and responsibilities must include on-the-scene fighting of
91	fires, fire prevention, or firefighter training; direct
92	supervision of firefighting units, fire prevention, or
93	firefighter training; or aerial firefighting surveillance
94	performed by fixed-wing aircraft pilots employed by the Division
95	of Forestry of the Department of Agriculture and Consumer
96	Services; or the member must be the supervisor or command
97	officer of a member or members who have such responsibilities;
98	provided, however, administrative support personnel, including,
99	but not limited to, those whose primary duties and
100	responsibilities are in accounting, purchasing, legal, and
101	personnel, shall not be included and further provided that all
102	periods of creditable service in fire prevention or firefighter
103	training, or as the supervisor or command officer of a member or
104	members who have such responsibilities, and for which the
105	employer paid the special risk contribution rate, shall be
106	included;
107	(c)  The member must be employed as a correctional officer
108	and be certified, or required to be certified, in compliance
109	with s. 943.1395.  In addition, the member's primary duties and
110	responsibilities must be the custody, and physical restraint
111	when necessary, of prisoners or inmates within a prison, jail,
112	or other criminal detention facility, or while on work detail
113	outside the facility, or while being transported; or the member
114	must be the supervisor or command officer of a member or members
115	who have such responsibilities; provided, however,
116	administrative support personnel, including, but not limited to,
117	those whose primary duties and responsibilities are in
118	accounting, purchasing, legal, and personnel, shall not be
119	included; however, wardens and assistant wardens, as defined by
120	rule, shall participate in the Special Risk Class;
121	(d)  The member must be employed by a licensed Advance Life
122	Support (ALS) or Basic Life Support (BLS) employer as an
123	emergency medical technician or a paramedic and be certified in
124	compliance with s. 401.27.  In addition, the member's primary
125	duties and responsibilities must include on-the-scene emergency
126	medical care or direct supervision of emergency medical
127	technicians or paramedics, or the member must be the supervisor
128	or command officer of one or more members who have such
129	responsibility.  However, administrative support personnel,
130	including, but not limited to, those whose primary
131	responsibilities are in accounting, purchasing, legal, and
132	personnel, shall not be included;
133	(e)  The member must be employed as a community-based
134	correctional probation officer and be certified, or required to
135	be certified, in compliance with s. 943.1395.  In addition, the
136	member's primary duties and responsibilities must be the
137	supervised custody, surveillance, control, investigation, and
138	counseling of assigned inmates, probationers, parolees, or
139	community controllees within the community; or the member must
140	be the supervisor of a member or members who have such
141	responsibilities. Administrative support personnel, including,
142	but not limited to, those whose primary duties and
143	responsibilities are in accounting, purchasing, legal services,
144	and personnel management, shall not be included; however,
145	probation and parole circuit and deputy circuit administrators
146	shall participate in the Special Risk Class;
147	(f)  The member must be employed in one of the following
148	classes and must spend at least 75 percent of his or her time
149	performing duties which involve contact with patients or inmates
150	in a correctional or forensic facility or institution:
151	1.  Dietitian (class codes 5203 and 5204);
152	2.  Public health nutrition consultant (class code 5224);
153	3.  Psychological specialist (class codes 5230 and 5231);
154	4.  Psychologist (class code 5234);
155	5.  Senior psychologist (class codes 5237 and 5238);
156	6.  Regional mental health consultant (class code 5240);
157	7.  Psychological Services Director--DCF (class code 5242);
158	8.  Pharmacist (class codes 5245 and 5246);
159	9.  Senior pharmacist (class codes 5248 and 5249);
160	10.  Dentist (class code 5266);
161	11.  Senior dentist (class code 5269);
162	12.  Registered nurse (class codes 5290 and 5291);
163	13.  Senior registered nurse (class codes 5292 and 5293);
164	14.  Registered nurse specialist (class codes 5294 and
165	5295);
166	15.  Clinical associate (class codes 5298 and 5299);
167	16.  Advanced registered nurse practitioner (class codes
168	5297 and 5300);
169	17.  Advanced registered nurse practitioner specialist
170	(class codes 5304 and 5305);
171	18.  Registered nurse supervisor (class codes 5306 and
172	5307);
173	19.  Senior registered nurse supervisor (class codes 5308
174	and 5309);
175	20.  Registered nursing consultant (class codes 5312 and
176	5313);
177	21.  Quality management program supervisor (class code
178	5314);
179	22.  Executive nursing director (class codes 5320 and
180	5321);
181	23.  Speech and hearing therapist (class code 5406); or
182	24.  Pharmacy manager (class code 5251);
183	(g)  The member must be employed as a youth custody officer
184	and be certified, or required to be certified, in compliance
185	with s. 943.1395. In addition, the member's primary duties and
186	responsibilities must be the supervised custody, surveillance,
187	control, investigation, apprehension, arrest, and counseling of
188	assigned juveniles within the community; or
189	(h)  The member must be employed by a law enforcement
190	agency or medical examiner's office in a forensic discipline
191	recognized by the International Association for Identification
192	and must qualify for active membership in the International
193	Association for Identification. The member's primary duties and
194	responsibilities must include the collection, examination,
195	preservation, documentation, preparation, or analysis of
196	physical evidence or testimony, or both, or the member must be
197	the direct supervisor, quality management supervisor, or command
198	officer of one or more individuals with such responsibility.
199	Administrative support personnel, including, but not limited to,
200	those whose primary responsibilities are clerical or in
201	accounting, purchasing, legal, and personnel, shall not be
202	included; or.
203	(i)  The member must be employed by an agency of state or
204	local government as a public safety dispatcher or 911 operator.
205	In addition, the member's duties and responsibilities must
206	include answering 911 calls; dispatching law enforcement, fire
207	rescue services, emergency management services, and other public
208	safety services to the scene of an emergency; and providing
209	real-time information from federal, state, and local crime
210	databases or the member must be the supervisor or command
211	officer of a member or members who have such duties and
212	responsibilities. However, administrative support personnel,
213	including, but not limited to, those whose primary duties and
214	responsibilities are in accounting, purchasing, legal, and
215	personnel, are not included.
216	Section 3.  This act shall take effect October 1, 2007.

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