Senate Bill sb0622

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                   SB 622

    By Senator Aronberg





    27-137A-07                                          See HB 225

  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 public safety dispatchers and 911

  6         operators and their supervisors; providing an

  7         effective date.

  8  

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

10  

11         Section 1.  Subsection (15) of section 121.021, Florida

12  Statutes, is amended to read:

13         121.021  Definitions.--The following words and phrases

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

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

16         (15)(a)  Until October 1, 1978, "special risk member"

17  means any officer or employee whose application is approved by

18  the administrator and who receives salary payments for work

19  performed as a peace officer; law enforcement officer; police

20  officer; highway patrol officer; custodial employee at a

21  correctional or detention facility; correctional agency

22  employee whose duties and responsibilities involve direct

23  contact with inmates, but excluding secretarial and clerical

24  employees; firefighter; or an employee in any other job in the

25  field of law enforcement or fire protection if the duties of

26  such person are certified as hazardous by his or her employer.

27         (b)  Effective October 1, 1978, "special risk member"

28  means a member of the Florida Retirement System who is

29  designated as a special risk member by the division in

30  accordance with s. 121.0515.  Such member must be employed as

31  a law enforcement officer, a firefighter, or a correctional

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    Florida Senate - 2007                                   SB 622
    27-137A-07                                          See HB 225




 1  officer and must meet certain other special criteria as set

 2  forth in s. 121.0515.

 3         (c)  Effective October 1, 1999, "special risk member"

 4  means a member of the Florida Retirement System who is

 5  designated as a special risk member by the division in

 6  accordance with s. 121.0515. Such member must be employed as a

 7  law enforcement officer, a firefighter, a correctional

 8  officer, an emergency medical technician, or a paramedic and

 9  must meet certain other special criteria as set forth in s.

10  121.0515.

11         (d)1.  Effective January 1, 2001, "special risk member"

12  includes any member who is employed as a community-based

13  correctional probation officer and meets the special criteria

14  set forth in s. 121.0515(2)(e).

15         2.  Effective January 1, 2001, "special risk member"

16  includes any professional health care bargaining unit or

17  non-unit member who is employed by the Department of

18  Corrections or the Department of Children and Family Services

19  and meets the special criteria set forth in s. 121.0515(2)(f).

20         (e)  Effective July 1, 2001, the term "special risk

21  member" includes any member who is employed as a youth custody

22  officer by the Department of Juvenile Justice and meets the

23  special criteria set forth in s. 121.0515(2)(g).

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

25  member" includes a person employed by an agency of state or

26  local government as a public safety dispatcher or 911 operator

27  whose duties and responsibilities include answering 911 calls;

28  dispatching law enforcement, fire rescue services, emergency

29  management services, and other public safety services to the

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

31  from federal, state, and local crime databases or supervising

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    Florida Senate - 2007                                   SB 622
    27-137A-07                                          See HB 225




 1  or serving as command officer of a member or members having

 2  such duties and responsibilities. However, the term does not

 3  include administrative support personnel, including, but not

 4  limited to, those whose primary duties and responsibilities

 5  are in accounting, purchasing, legal, and personnel.

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

 7  Statutes, is amended to read:

 8         121.0515  Special risk membership.--

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

10  risk member, must meet the following criteria:

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

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

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

14  police chiefs shall be excluded from meeting the certification

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

16  duties and responsibilities must include the pursuit,

17  apprehension, and arrest of law violators or suspected law

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

19  disposal unit whose primary responsibility is the location,

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

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

22  members who have such responsibilities; provided, however,

23  administrative support personnel, including, but not limited

24  to, those whose primary duties and responsibilities are in

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

26  included;

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

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

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

30  a local government employer or an agency of state government

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

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    Florida Senate - 2007                                   SB 622
    27-137A-07                                          See HB 225




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

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

 3  supervision of firefighting units, fire prevention, or

 4  firefighter training; or aerial firefighting surveillance

 5  performed by fixed-wing aircraft pilots employed by the

 6  Division of Forestry of the Department of Agriculture and

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

 8  command officer of a member or members who have such

 9  responsibilities; provided, however, administrative support

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

11  duties and responsibilities are in accounting, purchasing,

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

13  provided that all periods of creditable service in fire

14  prevention or firefighter training, or as the supervisor or

15  command officer of a member or members who have such

16  responsibilities, and for which the employer paid the special

17  risk contribution rate, shall be included;

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

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

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

21  primary duties and responsibilities must be the custody, and

22  physical restraint when necessary, of prisoners or inmates

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

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

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

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

27  provided, however, administrative support personnel,

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

29  responsibilities are in accounting, purchasing, legal, and

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

31  

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    Florida Senate - 2007                                   SB 622
    27-137A-07                                          See HB 225




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

 2  the Special Risk Class;

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

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

 5  emergency medical technician or a paramedic and be certified

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

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

 8  emergency medical care or direct supervision of emergency

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

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

11  such responsibility.  However, administrative support

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

13  responsibilities are in accounting, purchasing, legal, and

14  personnel, shall not be included;

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

16  correctional probation officer and be certified, or required

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

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

19  supervised custody, surveillance, control, investigation, and

20  counseling of assigned inmates, probationers, parolees, or

21  community controllees within the community; or the member must

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

23  responsibilities. Administrative support personnel, including,

24  but not limited to, those whose primary duties and

25  responsibilities are in accounting, purchasing, legal

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

27  however, probation and parole circuit and deputy circuit

28  administrators shall participate in the Special Risk Class;

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

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

31  her time performing duties which involve contact with patients

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    Florida Senate - 2007                                   SB 622
    27-137A-07                                          See HB 225




 1  or inmates in a correctional or forensic facility or

 2  institution:

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

 4         2.  Public health nutrition consultant (class code

 5  5224);

 6         3.  Psychological specialist (class codes 5230 and

 7  5231);

 8         4.  Psychologist (class code 5234);

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

10         6.  Regional mental health consultant (class code

11  5240);

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

13  5242);

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

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

16         10.  Dentist (class code 5266);

17         11.  Senior dentist (class code 5269);

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

19         13.  Senior registered nurse (class codes 5292 and

20  5293);

21         14.  Registered nurse specialist (class codes 5294 and

22  5295);

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

24         16.  Advanced registered nurse practitioner (class

25  codes 5297 and 5300);

26         17.  Advanced registered nurse practitioner specialist

27  (class codes 5304 and 5305);

28         18.  Registered nurse supervisor (class codes 5306 and

29  5307);

30         19.  Senior registered nurse supervisor (class codes

31  5308 and 5309);

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    Florida Senate - 2007                                   SB 622
    27-137A-07                                          See HB 225




 1         20.  Registered nursing consultant (class codes 5312

 2  and 5313);

 3         21.  Quality management program supervisor (class code

 4  5314);

 5         22.  Executive nursing director (class codes 5320 and

 6  5321);

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

 8         24.  Pharmacy manager (class code 5251);

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

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

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

12  duties and responsibilities must be the supervised custody,

13  surveillance, control, investigation, apprehension, arrest,

14  and counseling of assigned juveniles within the community; or

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

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

17  recognized by the International Association for Identification

18  and must qualify for active membership in the International

19  Association for Identification. The member's primary duties

20  and responsibilities must include the collection, examination,

21  preservation, documentation, preparation, or analysis of

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

23  the direct supervisor, quality management supervisor, or

24  command officer of one or more individuals with such

25  responsibility. Administrative support personnel, including,

26  but not limited to, those whose primary responsibilities are

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

28  shall not be included; or.

29         (i)  The member must be employed by an agency of state

30  or local government as a public safety dispatcher or 911

31  operator. In addition, the member's duties and

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    Florida Senate - 2007                                   SB 622
    27-137A-07                                          See HB 225




 1  responsibilities must include answering 911 calls; dispatching

 2  law enforcement, fire rescue services, emergency management

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

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

 5  state, and local crime databases, or the member must be the

 6  supervisor or command officer of a member or members who have

 7  such duties and responsibilities. However, administrative

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

 9  primary duties and responsibilities are in accounting,

10  purchasing, legal, and personnel, are not included.

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

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