Senate Bill sb0646

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    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  

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    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

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    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

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    Florida Senate - 2007                                   SB 646
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 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);

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    Florida Senate - 2007                                   SB 646
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 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  

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    Florida Senate - 2007                                   SB 646
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 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

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    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.

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