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 persons employed by certain |
5 | public acute care hospitals; providing a declaration of |
6 | important state interest; providing an effective date. |
7 |
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8 | Be It Enacted by the Legislature of the State of Florida: |
9 |
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10 | Section 1. Paragraph (f) is added to subsection (15) of |
11 | section 121.021, Florida Statutes, 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) |
16 | (f) Effective July 1, 2007, "special risk member" includes |
17 | any member who is employed by a public acute care hospital that |
18 | serves as a trauma center and that provides treatment to members |
19 | of the public with deadly or crippling infectious diseases, |
20 | members of the public who are accused of or convicted of serious |
21 | violent crimes, members of the public who have been subjected to |
22 | hazardous materials or biological or chemical agents as a result |
23 | of terrorism or industrial accidents, or members of the public |
24 | with diseases the treatment of which requires interventions with |
25 | extremely toxic substances. |
26 | Section 2. Subsection (2) of section 121.0515, Florida |
27 | Statutes, is amended to read: |
28 | 121.0515 Special risk membership.-- |
29 | (2) CRITERIA.--A member, to be designated as a special |
30 | risk member, must meet the following criteria: |
31 | (a) The member must be employed as a law enforcement |
32 | officer and be certified, or required to be certified, in |
33 | compliance with s. 943.1395; however, sheriffs and elected |
34 | police chiefs shall be excluded from meeting the certification |
35 | requirements of this paragraph. In addition, the member's duties |
36 | and responsibilities must include the pursuit, apprehension, and |
37 | arrest of law violators or suspected law violators; or the |
38 | member must be an active member of a bomb disposal unit whose |
39 | primary responsibility is the location, handling, and disposal |
40 | of explosive devices; or the member must be the supervisor or |
41 | command officer of a member or members who have such |
42 | responsibilities; provided, however, administrative support |
43 | personnel, including, but not limited to, those whose primary |
44 | duties and responsibilities are in accounting, purchasing, |
45 | legal, and personnel, shall not be included; |
46 | (b) The member must be employed as a firefighter and be |
47 | certified, or required to be certified, in compliance with s. |
48 | 633.35 and be employed solely within the fire department of a |
49 | local government employer or an agency of state government with |
50 | firefighting responsibilities. In addition, the member's duties |
51 | and responsibilities must include on-the-scene fighting of |
52 | fires, fire prevention, or firefighter training; direct |
53 | supervision of firefighting units, fire prevention, or |
54 | firefighter training; or aerial firefighting surveillance |
55 | performed by fixed-wing aircraft pilots employed by the Division |
56 | of Forestry of the Department of Agriculture and Consumer |
57 | Services; or the member must be the supervisor or command |
58 | officer of a member or members who have such responsibilities; |
59 | provided, however, administrative support personnel, including, |
60 | but not limited to, those whose primary duties and |
61 | responsibilities are in accounting, purchasing, legal, and |
62 | personnel, shall not be included and further provided that all |
63 | periods of creditable service in fire prevention or firefighter |
64 | training, or as the supervisor or command officer of a member or |
65 | members who have such responsibilities, and for which the |
66 | employer paid the special risk contribution rate, shall be |
67 | included; |
68 | (c) The member must be employed as a correctional officer |
69 | and be certified, or required to be certified, in compliance |
70 | with s. 943.1395. In addition, the member's primary duties and |
71 | responsibilities must be the custody, and physical restraint |
72 | when necessary, of prisoners or inmates within a prison, jail, |
73 | or other criminal detention facility, or while on work detail |
74 | outside the facility, or while being transported; or the member |
75 | must be the supervisor or command officer of a member or members |
76 | who have such responsibilities; provided, however, |
77 | administrative support personnel, including, but not limited to, |
78 | those whose primary duties and responsibilities are in |
79 | accounting, purchasing, legal, and personnel, shall not be |
80 | included; however, wardens and assistant wardens, as defined by |
81 | rule, shall participate in the Special Risk Class; |
82 | (d) The member must be employed by a licensed Advance Life |
83 | Support (ALS) or Basic Life Support (BLS) employer as an |
84 | emergency medical technician or a paramedic and be certified in |
85 | compliance with s. 401.27. In addition, the member's primary |
86 | duties and responsibilities must include on-the-scene emergency |
87 | medical care or direct supervision of emergency medical |
88 | technicians or paramedics, or the member must be the supervisor |
89 | or command officer of one or more members who have such |
90 | responsibility. However, administrative support personnel, |
91 | including, but not limited to, those whose primary |
92 | responsibilities are in accounting, purchasing, legal, and |
93 | personnel, shall not be included; |
94 | (e) The member must be employed as a community-based |
95 | correctional probation officer and be certified, or required to |
96 | be certified, in compliance with s. 943.1395. In addition, the |
97 | member's primary duties and responsibilities must be the |
98 | supervised custody, surveillance, control, investigation, and |
99 | counseling of assigned inmates, probationers, parolees, or |
100 | community controllees within the community; or the member must |
101 | be the supervisor of a member or members who have such |
102 | responsibilities. Administrative support personnel, including, |
103 | but not limited to, those whose primary duties and |
104 | responsibilities are in accounting, purchasing, legal services, |
105 | and personnel management, shall not be included; however, |
106 | probation and parole circuit and deputy circuit administrators |
107 | shall participate in the Special Risk Class; |
108 | (f) The member must be employed in one of the following |
109 | classes and must spend at least 75 percent of his or her time |
110 | performing duties which involve contact with patients or inmates |
111 | in 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 |
126 | 5295); |
127 | 15. Clinical associate (class codes 5298 and 5299); |
128 | 16. Advanced registered nurse practitioner (class codes |
129 | 5297 and 5300); |
130 | 17. Advanced registered nurse practitioner specialist |
131 | (class codes 5304 and 5305); |
132 | 18. Registered nurse supervisor (class codes 5306 and |
133 | 5307); |
134 | 19. Senior registered nurse supervisor (class codes 5308 |
135 | and 5309); |
136 | 20. Registered nursing consultant (class codes 5312 and |
137 | 5313); |
138 | 21. Quality management program supervisor (class code |
139 | 5314); |
140 | 22. Executive nursing director (class codes 5320 and |
141 | 5321); |
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 |
145 | and be certified, or required to be certified, in compliance |
146 | with s. 943.1395. In addition, the member's primary duties and |
147 | responsibilities must be the supervised custody, surveillance, |
148 | control, investigation, apprehension, arrest, and counseling of |
149 | assigned juveniles within the community; or |
150 | (h) The member must be employed by a law enforcement |
151 | agency or medical examiner's office in a forensic discipline |
152 | recognized by the International Association for Identification |
153 | and must qualify for active membership in the International |
154 | Association for Identification. The member's primary duties and |
155 | responsibilities must include the collection, examination, |
156 | preservation, documentation, preparation, or analysis of |
157 | physical evidence or testimony, or both, or the member must be |
158 | the direct supervisor, quality management supervisor, or command |
159 | officer of one or more individuals with such responsibility. |
160 | Administrative support personnel, including, but not limited to, |
161 | those whose primary responsibilities are clerical or in |
162 | accounting, purchasing, legal, and personnel, shall not be |
163 | included; or |
164 | (h) The member must be employed by a public acute care |
165 | hospital that serves as a trauma center and that provides |
166 | treatment to members of the public with deadly or crippling |
167 | infectious diseases, members of the public who are accused of or |
168 | convicted of serious violent crimes, members of the public who |
169 | have been subjected to hazardous materials or biological or |
170 | chemical agents as a result of terrorism or industrial |
171 | accidents, or members of the public with diseases the treatment |
172 | of which requires interventions with extremely toxic substances. |
173 | Section 3. The Legislature finds that in providing |
174 | treatment to members of the public with deadly or crippling |
175 | infectious diseases, members of the public who are accused of or |
176 | convicted of serious violent crimes, members of the public who |
177 | have been subjected to hazardous materials or biological or |
178 | chemical agents as a result of terrorism or industrial |
179 | accidents, or members of the public with diseases the treatment |
180 | of which requires interventions with extremely toxic substances, |
181 | a member of the Florida Retirement System who is employed by a |
182 | public acute care hospital that serves as a trauma center is |
183 | serving an important state interest and should be a member of |
184 | the Special Risk Class of the Florida Retirement System. |
185 | Section 4. This act shall take effect July 1, 2007. |