HB 563

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 for persons employed by certain
5public acute care hospitals; providing a declaration of
6important state interest; 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 July 1, 2007, "special risk member" includes
17any member who is employed by a public acute care hospital that
18serves as a trauma center and that provides treatment to members
19of the public with deadly or crippling infectious diseases,
20members of the public who are accused of or convicted of serious
21violent crimes, members of the public who have been subjected to
22hazardous materials or biological or chemical agents as a result
23of terrorism or industrial accidents, or members of the public
24with diseases the treatment of which requires interventions with
25extremely toxic substances.
26     Section 2.  Subsection (2) of section 121.0515, Florida
27Statutes, is amended to read:
28     121.0515  Special risk membership.--
29     (2)  CRITERIA.--A member, to be designated as a special
30risk member, must meet the following criteria:
31     (a)  The member must be employed as a law enforcement
32officer and be certified, or required to be certified, in
33compliance with s. 943.1395; however, sheriffs and elected
34police chiefs shall be excluded from meeting the certification
35requirements of this paragraph. In addition, the member's duties
36and responsibilities must include the pursuit, apprehension, and
37arrest of law violators or suspected law violators; or the
38member must be an active member of a bomb disposal unit whose
39primary responsibility is the location, handling, and disposal
40of explosive devices; or the member must be the supervisor or
41command officer of a member or members who have such
42responsibilities; provided, however, administrative support
43personnel, including, but not limited to, those whose primary
44duties and responsibilities are in accounting, purchasing,
45legal, and personnel, shall not be included;
46     (b)  The member must be employed as a firefighter and be
47certified, or required to be certified, in compliance with s.
48633.35 and be employed solely within the fire department of a
49local government employer or an agency of state government with
50firefighting responsibilities. In addition, the member's duties
51and responsibilities must include on-the-scene fighting of
52fires, fire prevention, or firefighter training; direct
53supervision of firefighting units, fire prevention, or
54firefighter training; or aerial firefighting surveillance
55performed by fixed-wing aircraft pilots employed by the Division
56of Forestry of the Department of Agriculture and Consumer
57Services; or the member must be the supervisor or command
58officer of a member or members who have such responsibilities;
59provided, however, administrative support personnel, including,
60but not limited to, those whose primary duties and
61responsibilities are in accounting, purchasing, legal, and
62personnel, shall not be included and further provided that all
63periods of creditable service in fire prevention or firefighter
64training, or as the supervisor or command officer of a member or
65members who have such responsibilities, and for which the
66employer paid the special risk contribution rate, shall be
67included;
68     (c)  The member must be employed as a correctional officer
69and be certified, or required to be certified, in compliance
70with s. 943.1395. In addition, the member's primary duties and
71responsibilities must be the custody, and physical restraint
72when necessary, of prisoners or inmates within a prison, jail,
73or other criminal detention facility, or while on work detail
74outside the facility, or while being transported; or the member
75must be the supervisor or command officer of a member or members
76who have such responsibilities; provided, however,
77administrative support personnel, including, but not limited to,
78those whose primary duties and responsibilities are in
79accounting, purchasing, legal, and personnel, shall not be
80included; however, wardens and assistant wardens, as defined by
81rule, shall participate in the Special Risk Class;
82     (d)  The member must be employed by a licensed Advance Life
83Support (ALS) or Basic Life Support (BLS) employer as an
84emergency medical technician or a paramedic and be certified in
85compliance with s. 401.27. In addition, the member's primary
86duties and responsibilities must include on-the-scene emergency
87medical care or direct supervision of emergency medical
88technicians or paramedics, or the member must be the supervisor
89or command officer of one or more members who have such
90responsibility. However, administrative support personnel,
91including, but not limited to, those whose primary
92responsibilities are in accounting, purchasing, legal, and
93personnel, shall not be included;
94     (e)  The member must be employed as a community-based
95correctional probation officer and be certified, or required to
96be certified, in compliance with s. 943.1395. In addition, the
97member's primary duties and responsibilities must be the
98supervised custody, surveillance, control, investigation, and
99counseling of assigned inmates, probationers, parolees, or
100community controllees within the community; or the member must
101be the supervisor of a member or members who have such
102responsibilities. Administrative support personnel, including,
103but not limited to, those whose primary duties and
104responsibilities are in accounting, purchasing, legal services,
105and personnel management, shall not be included; however,
106probation and parole circuit and deputy circuit administrators
107shall participate in the Special Risk Class;
108     (f)  The member must be employed in one of the following
109classes and must spend at least 75 percent of his or her time
110performing duties which involve contact with patients or inmates
111in a correctional or forensic facility or institution:
112     1.  Dietitian (class codes 5203 and 5204);
113     2.  Public health nutrition consultant (class code 5224);
114     3.  Psychological specialist (class codes 5230 and 5231);
115     4.  Psychologist (class code 5234);
116     5.  Senior psychologist (class codes 5237 and 5238);
117     6.  Regional mental health consultant (class code 5240);
118     7.  Psychological Services Director--DCF (class code 5242);
119     8.  Pharmacist (class codes 5245 and 5246);
120     9.  Senior pharmacist (class codes 5248 and 5249);
121     10.  Dentist (class code 5266);
122     11.  Senior dentist (class code 5269);
123     12.  Registered nurse (class codes 5290 and 5291);
124     13.  Senior registered nurse (class codes 5292 and 5293);
125     14.  Registered nurse specialist (class codes 5294 and
1265295);
127     15.  Clinical associate (class codes 5298 and 5299);
128     16.  Advanced registered nurse practitioner (class codes
1295297 and 5300);
130     17.  Advanced registered nurse practitioner specialist
131(class codes 5304 and 5305);
132     18.  Registered nurse supervisor (class codes 5306 and
1335307);
134     19.  Senior registered nurse supervisor (class codes 5308
135and 5309);
136     20.  Registered nursing consultant (class codes 5312 and
1375313);
138     21.  Quality management program supervisor (class code
1395314);
140     22.  Executive nursing director (class codes 5320 and
1415321);
142     23.  Speech and hearing therapist (class code 5406); or
143     24.  Pharmacy manager (class code 5251);
144     (g)  The member must be employed as a youth custody officer
145and be certified, or required to be certified, in compliance
146with s. 943.1395. In addition, the member's primary duties and
147responsibilities must be the supervised custody, surveillance,
148control, investigation, apprehension, arrest, and counseling of
149assigned juveniles within the community; or
150     (h)  The member must be employed by a law enforcement
151agency or medical examiner's office in a forensic discipline
152recognized by the International Association for Identification
153and must qualify for active membership in the International
154Association for Identification. The member's primary duties and
155responsibilities must include the collection, examination,
156preservation, documentation, preparation, or analysis of
157physical evidence or testimony, or both, or the member must be
158the direct supervisor, quality management supervisor, or command
159officer of one or more individuals with such responsibility.
160Administrative support personnel, including, but not limited to,
161those whose primary responsibilities are clerical or in
162accounting, purchasing, legal, and personnel, shall not be
163included; or
164     (h)  The member must be employed by a public acute care
165hospital that serves as a trauma center and that provides
166treatment to members of the public with deadly or crippling
167infectious diseases, members of the public who are accused of or
168convicted of serious violent crimes, members of the public who
169have been subjected to hazardous materials or biological or
170chemical agents as a result of terrorism or industrial
171accidents, or members of the public with diseases the treatment
172of which requires interventions with extremely toxic substances.
173     Section 3.  The Legislature finds that in providing
174treatment to members of the public with deadly or crippling
175infectious diseases, members of the public who are accused of or
176convicted of serious violent crimes, members of the public who
177have been subjected to hazardous materials or biological or
178chemical agents as a result of terrorism or industrial
179accidents, or members of the public with diseases the treatment
180of which requires interventions with extremely toxic substances,
181a member of the Florida Retirement System who is employed by a
182public acute care hospital that serves as a trauma center is
183serving an important state interest and should be a member of
184the Special Risk Class of the Florida Retirement System.
185     Section 4.  This act shall take effect July 1, 2007.


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