Senate Bill sb0646
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 646
By Senator Fasano
11-158A-07
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 of the system for persons employed as
6 ocean water rescue lifeguards who meet other
7 specified qualifications; providing a
8 declaration of important state interest;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (f) is added to subsection (15)
14 of section 121.021, Florida Statutes, to read:
15 121.021 Definitions.--The following words and phrases
16 as used in this chapter have the respective meanings set forth
17 unless a different meaning is plainly required by the context:
18 (15)
19 (f) Effective October 1, 2007, the term "special risk
20 member" includes any member who is employed as an ocean water
21 rescue lifeguard by an employer that is advanced certified by
22 the United States Lifesaving Association, who is certified in
23 compliance with s. 401.27 as an emergency medical technician
24 or paramedic, who works directly under the supervision of a
25 fire rescue department or is supervised by a medical director,
26 and who meets the special criteria set forth in s.
27 121.0515(2)(i).
28 Section 2. Subsection (2) of section 121.0515, Florida
29 Statutes, is amended to read:
30 121.0515 Special risk membership.--
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 646
11-158A-07
1 (2) CRITERIA.--A member, to be designated as a special
2 risk member, must meet the following criteria:
3 (a) The member must be employed as a law enforcement
4 officer and be certified, or required to be certified, in
5 compliance with s. 943.1395; however, sheriffs and elected
6 police chiefs shall be excluded from meeting the certification
7 requirements of this paragraph. In addition, the member's
8 duties and responsibilities must include the pursuit,
9 apprehension, and arrest of law violators or suspected law
10 violators; or the member must be an active member of a bomb
11 disposal unit whose primary responsibility is the location,
12 handling, and disposal of explosive devices; or the member
13 must be the supervisor or command officer of a member or
14 members who have such responsibilities; provided, however,
15 administrative support personnel, including, but not limited
16 to, those whose primary duties and responsibilities are in
17 accounting, purchasing, legal, and personnel, shall not be
18 included;
19 (b) The member must be employed as a firefighter and
20 be certified, or required to be certified, in compliance with
21 s. 633.35 and be employed solely within the fire department of
22 a local government employer or an agency of state government
23 with firefighting responsibilities. In addition, the member's
24 duties and responsibilities must include on-the-scene fighting
25 of fires, fire prevention, or firefighter training; direct
26 supervision of firefighting units, fire prevention, or
27 firefighter training; or aerial firefighting surveillance
28 performed by fixed-wing aircraft pilots employed by the
29 Division of Forestry of the Department of Agriculture and
30 Consumer Services; or the member must be the supervisor or
31 command officer of a member or members who have such
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 646
11-158A-07
1 responsibilities; provided, however, administrative support
2 personnel, including, but not limited to, those whose primary
3 duties and responsibilities are in accounting, purchasing,
4 legal, and personnel, shall not be included and further
5 provided that all periods of creditable service in fire
6 prevention or firefighter training, or as the supervisor or
7 command officer of a member or members who have such
8 responsibilities, and for which the employer paid the special
9 risk contribution rate, shall be included;
10 (c) The member must be employed as a correctional
11 officer and be certified, or required to be certified, in
12 compliance with s. 943.1395. In addition, the member's primary
13 duties and responsibilities must be the custody, and physical
14 restraint when necessary, of prisoners or inmates within a
15 prison, jail, or other criminal detention facility, or while
16 on work detail outside the facility, or while being
17 transported; or the member must be the supervisor or command
18 officer of a member or members who have such responsibilities;
19 provided, however, administrative support personnel,
20 including, but not limited to, those whose primary duties and
21 responsibilities are in accounting, purchasing, legal, and
22 personnel, shall not be included; however, wardens and
23 assistant wardens, as defined by rule, shall participate in
24 the Special Risk Class;
25 (d) The member must be employed by a licensed Advance
26 Life Support (ALS) or Basic Life Support (BLS) employer as an
27 emergency medical technician or a paramedic and be certified
28 in compliance with s. 401.27. In addition, the member's
29 primary duties and responsibilities must include on-the-scene
30 emergency medical care or direct supervision of emergency
31 medical technicians or paramedics, or the member must be the
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 646
11-158A-07
1 supervisor or command officer of one or more members who have
2 such responsibility. However, administrative support
3 personnel, including, but not limited to, those whose primary
4 responsibilities are in accounting, purchasing, legal, and
5 personnel, shall not be included;
6 (e) The member must be employed as a community-based
7 correctional probation officer and be certified, or required
8 to be certified, in compliance with s. 943.1395. In addition,
9 the member's primary duties and responsibilities must be the
10 supervised custody, surveillance, control, investigation, and
11 counseling of assigned inmates, probationers, parolees, or
12 community controllees within the community; or the member must
13 be the supervisor of a member or members who have such
14 responsibilities. Administrative support personnel, including,
15 but not limited to, those whose primary duties and
16 responsibilities are in accounting, purchasing, legal
17 services, and personnel management, shall not be included;
18 however, probation and parole circuit and deputy circuit
19 administrators shall participate in the Special Risk Class;
20 (f) The member must be employed in one of the
21 following classes and must spend at least 75 percent of his or
22 her time performing duties which involve contact with patients
23 or inmates in a correctional or forensic facility or
24 institution:
25 1. Dietitian (class codes 5203 and 5204);
26 2. Public health nutrition consultant (class code
27 5224);
28 3. Psychological specialist (class codes 5230 and
29 5231);
30 4. Psychologist (class code 5234);
31 5. Senior psychologist (class codes 5237 and 5238);
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 646
11-158A-07
1 6. Regional mental health consultant (class code
2 5240);
3 7. Psychological Services Director--DCF (class code
4 5242);
5 8. Pharmacist (class codes 5245 and 5246);
6 9. Senior pharmacist (class codes 5248 and 5249);
7 10. Dentist (class code 5266);
8 11. Senior dentist (class code 5269);
9 12. Registered nurse (class codes 5290 and 5291);
10 13. Senior registered nurse (class codes 5292 and
11 5293);
12 14. Registered nurse specialist (class codes 5294 and
13 5295);
14 15. Clinical associate (class codes 5298 and 5299);
15 16. Advanced registered nurse practitioner (class
16 codes 5297 and 5300);
17 17. Advanced registered nurse practitioner specialist
18 (class codes 5304 and 5305);
19 18. Registered nurse supervisor (class codes 5306 and
20 5307);
21 19. Senior registered nurse supervisor (class codes
22 5308 and 5309);
23 20. Registered nursing consultant (class codes 5312
24 and 5313);
25 21. Quality management program supervisor (class code
26 5314);
27 22. Executive nursing director (class codes 5320 and
28 5321);
29 23. Speech and hearing therapist (class code 5406); or
30 24. Pharmacy manager (class code 5251);
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 646
11-158A-07
1 (g) The member must be employed as a youth custody
2 officer and be certified, or required to be certified, in
3 compliance with s. 943.1395. In addition, the member's primary
4 duties and responsibilities must be the supervised custody,
5 surveillance, control, investigation, apprehension, arrest,
6 and counseling of assigned juveniles within the community; or
7 (h) The member must be employed by a law enforcement
8 agency or medical examiner's office in a forensic discipline
9 recognized by the International Association for Identification
10 and must qualify for active membership in the International
11 Association for Identification. The member's primary duties
12 and responsibilities must include the collection, examination,
13 preservation, documentation, preparation, or analysis of
14 physical evidence or testimony, or both, or the member must be
15 the direct supervisor, quality management supervisor, or
16 command officer of one or more individuals with such
17 responsibility. Administrative support personnel, including,
18 but not limited to, those whose primary responsibilities are
19 clerical or in accounting, purchasing, legal, and personnel,
20 shall not be included; or.
21 (i) The member must be employed as an ocean water
22 rescue lifeguard by an employer that is advanced certified by
23 the United States Lifesaving Association, must be certified in
24 compliance with s. 401.27 as an emergency medical technician
25 or paramedic, and must maintain compliance with the United
26 States Lifesaving Association's Fulltime Open Water Lifeguard
27 training standards. In addition, the member must work directly
28 under the supervision of a fire rescue department or be
29 supervised by a medical director and must have primary duties
30 and responsibilities that include maintaining open water
31 life-safety and on-the-scene emergency rescue and response to
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 646
11-158A-07
1 emergencies in the water and on ocean-front beaches. However,
2 administrative support personnel, including, but not limited
3 to, those whose primary responsibilities are in accounting,
4 purchasing, legal, and personnel, shall not be included.
5 Section 3. The Legislature finds that a proper and
6 legitimate state purpose is served when employees and retirees
7 of the state and its political subdivisions and the
8 dependents, survivors, and beneficiaries of such employees and
9 retirees are extended the basic protections afforded by
10 governmental retirement systems. These persons must be
11 provided benefits that are fair and adequate and that are
12 managed, administered, and funded in a sound actuarial manner,
13 as required by s. 14, Art. X of the State Constitution and
14 part VII of chapter 112, Florida Statutes. Therefore, the
15 Legislature hereby determines and declares that this act
16 fulfills an important state interest.
17 Section 4. This act shall take effect October 1, 2007.
18
19 *****************************************
20 SENATE SUMMARY
21 Provides membership in the Special Risk Class of the
Florida Retirement System for persons who work full time
22 as ocean water rescue lifeguards, who are under the
supervision of a medical director or a fire rescue
23 department, are certified as emergency medical
technicians or paramedics, and have life-safety and
24 rescue responsibilities.
25
26
27
28
29
30
31
7
CODING: Words stricken are deletions; words underlined are additions.