HB 655

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 the
5	Department of Corrections, the Department of Children and
6	Family Services, the Agency for Persons with Disabilities,
7	or the Department of Agriculture and Consumer Services and
8	who meet certain criteria; providing a declaration of
9	important state interest; 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) of
14	section 121.021, Florida Statutes, to read:
15	121.021  Definitions.--The following words and phrases as
16	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 by the Department of
21	Corrections, the Department of Children and Family Services, the
22	Agency for Persons with Disabilities, or the Department of
23	Agriculture and Consumer Services and meets the special criteria
24	set forth in s. 121.0515(2)(i).
25	Section 2.  Subsection (2) of section 121.0515, Florida
26	Statutes, is amended to read:
27	121.0515  Special risk membership.--
28	(2)  CRITERIA.--A member, to be designated as a special
29	risk member, must meet the following criteria:
30	(a)  The member must be employed as a law enforcement
31	officer and be certified, or required to be certified, in
32	compliance with s. 943.1395; however, sheriffs and elected
33	police chiefs shall be excluded from meeting the certification
34	requirements of this paragraph. In addition, the member's duties
35	and responsibilities must include the pursuit, apprehension, and
36	arrest of law violators or suspected law violators; or the
37	member must be an active member of a bomb disposal unit whose
38	primary responsibility is the location, handling, and disposal
39	of explosive devices; or the member must be the supervisor or
40	command officer of a member or members who have such
41	responsibilities; provided, however, administrative support
42	personnel, including, but not limited to, those whose primary
43	duties and responsibilities are in accounting, purchasing,
44	legal, and personnel, shall not be included;
45	(b)  The member must be employed as a firefighter and be
46	certified, or required to be certified, in compliance with s.
47	633.35 and be employed solely within the fire department of a
48	local government employer or an agency of state government with
49	firefighting responsibilities. In addition, the member's duties
50	and responsibilities must include on-the-scene fighting of
51	fires, fire prevention, or firefighter training; direct
52	supervision of firefighting units, fire prevention, or
53	firefighter training; or aerial firefighting surveillance
54	performed by fixed-wing aircraft pilots employed by the Division
55	of Forestry of the Department of Agriculture and Consumer
56	Services; or the member must be the supervisor or command
57	officer of a member or members who have such responsibilities;
58	provided, however, administrative support personnel, including,
59	but not limited to, those whose primary duties and
60	responsibilities are in accounting, purchasing, legal, and
61	personnel, shall not be included and further provided that all
62	periods of creditable service in fire prevention or firefighter
63	training, or as the supervisor or command officer of a member or
64	members who have such responsibilities, and for which the
65	employer paid the special risk contribution rate, shall be
66	included;
67	(c)  The member must be employed as a correctional officer
68	and be certified, or required to be certified, in compliance
69	with s. 943.1395. In addition, the member's primary duties and
70	responsibilities must be the custody, and physical restraint
71	when necessary, of prisoners or inmates within a prison, jail,
72	or other criminal detention facility, or while on work detail
73	outside the facility, or while being transported; or the member
74	must be the supervisor or command officer of a member or members
75	who have such responsibilities; provided, however,
76	administrative support personnel, including, but not limited to,
77	those whose primary duties and responsibilities are in
78	accounting, purchasing, legal, and personnel, shall not be
79	included; however, wardens and assistant wardens, as defined by
80	rule, shall participate in the Special Risk Class;
81	(d)  The member must be employed by a licensed Advance Life
82	Support (ALS) or Basic Life Support (BLS) employer as an
83	emergency medical technician or a paramedic and be certified in
84	compliance with s. 401.27. In addition, the member's primary
85	duties and responsibilities must include on-the-scene emergency
86	medical care or direct supervision of emergency medical
87	technicians or paramedics, or the member must be the supervisor
88	or command officer of one or more members who have such
89	responsibility. However, administrative support personnel,
90	including, but not limited to, those whose primary
91	responsibilities are in accounting, purchasing, legal, and
92	personnel, shall not be included;
93	(e)  The member must be employed as a community-based
94	correctional probation officer and be certified, or required to
95	be certified, in compliance with s. 943.1395. In addition, the
96	member's primary duties and responsibilities must be the
97	supervised custody, surveillance, control, investigation, and
98	counseling of assigned inmates, probationers, parolees, or
99	community controllees within the community; or the member must
100	be the supervisor of a member or members who have such
101	responsibilities. Administrative support personnel, including,
102	but not limited to, those whose primary duties and
103	responsibilities are in accounting, purchasing, legal services,
104	and personnel management, shall not be included; however,
105	probation and parole circuit and deputy circuit administrators
106	shall participate in the Special Risk Class;
107	(f)  The member must be employed in one of the following
108	classes and must spend at least 75 percent of his or her time
109	performing duties which involve contact with patients or inmates
110	in a correctional or forensic facility or institution:
111	1.  Dietitian (class codes 5203 and 5204);
112	2.  Public health nutrition consultant (class code 5224);
113	3.  Psychological specialist (class codes 5230 and 5231);
114	4.  Psychologist (class code 5234);
115	5.  Senior psychologist (class codes 5237 and 5238);
116	6.  Regional mental health consultant (class code 5240);
117	7.  Psychological Services Director--DCF (class code 5242);
118	8.  Pharmacist (class codes 5245 and 5246);
119	9.  Senior pharmacist (class codes 5248 and 5249);
120	10.  Dentist (class code 5266);
121	11.  Senior dentist (class code 5269);
122	12.  Registered nurse (class codes 5290 and 5291);
123	13.  Senior registered nurse (class codes 5292 and 5293);
124	14.  Registered nurse specialist (class codes 5294 and
125	5295);
126	15.  Clinical associate (class codes 5298 and 5299);
127	16.  Advanced registered nurse practitioner (class codes
128	5297 and 5300);
129	17.  Advanced registered nurse practitioner specialist
130	(class codes 5304 and 5305);
131	18.  Registered nurse supervisor (class codes 5306 and
132	5307);
133	19.  Senior registered nurse supervisor (class codes 5308
134	and 5309);
135	20.  Registered nursing consultant (class codes 5312 and
136	5313);
137	21.  Quality management program supervisor (class code
138	5314);
139	22.  Executive nursing director (class codes 5320 and
140	5321);
141	23.  Speech and hearing therapist (class code 5406); or
142	24.  Pharmacy manager (class code 5251);
143	(g)  The member must be employed as a youth custody officer
144	and be certified, or required to be certified, in compliance
145	with s. 943.1395. In addition, the member's primary duties and
146	responsibilities must be the supervised custody, surveillance,
147	control, investigation, apprehension, arrest, and counseling of
148	assigned juveniles within the community; or
149	(h)  The member must be employed by a law enforcement
150	agency or medical examiner's office in a forensic discipline
151	recognized by the International Association for Identification
152	and must qualify for active membership in the International
153	Association for Identification. The member's primary duties and
154	responsibilities must include the collection, examination,
155	preservation, documentation, preparation, or analysis of
156	physical evidence or testimony, or both, or the member must be
157	the direct supervisor, quality management supervisor, or command
158	officer of one or more individuals with such responsibility.
159	Administrative support personnel, including, but not limited to,
160	those whose primary responsibilities are clerical or in
161	accounting, purchasing, legal, and personnel, shall not be
162	included; or
163	(i)  The member must be employed in one of the following
164	classes and must spend at least 75 percent of his or her time
165	performing duties that involve contact with patients or inmates
166	in a correctional or forensic facility or institution:
167	1.  Automotive equipment superintendent-SES (class code
168	6542)
169	2.  Behavioral program associate (class code 5750);
170	3.  Behavioral program associate-F/C (class code 5762);
171	4.  Behavioral program specialist (class code 5751);
172	5.  Behavioral program specialist-F/C (class code 5763);
173	6.  Carpenter F/C (class code 6433);
174	7.  Certified radiologic technologist radiographer I-F/C
175	(class code 5524);
176	8.  Certified radiologic technologist radiographer II-F/C
177	(class code 5528);
178	9.  Classroom teacher II-F/C (class code 4147);
179	10.  Construction projects consultant I (class code 4691);
180	11.  Construction projects consultant II (class code 4692);
181	12.  Correctional medical technician certified-ALS/BLS
182	(class code 5589);
183	13.  Dental Assistant-F/C (class code 5633);
184	14.  Electrician-F/C (class code 6445);
185	15.  Electronic technician II-F/C (class code 7236);
186	16.  Health support aide-F/C (class code 5504);
187	17.  Health support technician-F/C (class code 5519);
188	18.  Human services counselor II-F/C (class code 5937);
189	19.  Human services counselor III-F/C (class code 5941);
190	20.  Human services worker I (class code 5706);
191	21.  Human services worker I-forensic (class code 5781);
192	22.  Human services worker II (class code 5709);
193	23.  Human services worker II-F/C (class code 5784);
194	24.  Inmate work crew leader (class code 6392);
195	25.  Institutional counselor-F/C (class code 5932);
196	26.  Licensed practical nurse (class code 5599);
197	27.  Maintenance and construction superintendent-DC SES
198	(class code 6386);
199	28.  Maintenance and construction superintendent-SES (class
200	code 6387);
201	29.  Maintenance mechanic-F/C (class code 6469);
202	30.  Maintenance support technician-F/C (class code 6377);
203	31.  Medical technologist I-F/C (class code 5601);
204	32.  Medical technologist II-F/C (class code 5604);
205	33.  Pharmacy technician (class code 5501);
206	34.  Refrigeration mechanic-F/C (class code 6452);
207	35.  Rehabilitation therapist (class code 5562);
208	36.  Rehabilitation therapist-F/C (class code 5563);
209	37.  Respiratory care specialist II-F/C (class code 5582);
210	38.  Senior licensed practical nurse-F/C (class code 5597);
211	39.  Social services counselor-F/C (class code 5960);
212	40.  Special education teacher (class code 9095);
213	41.  Supervising construction project administrator (class
214	code 4693);
215	42.  Support service aide-F/C (class code 6202);
216	43.  Teacher aide-F/C (class code 4133);
217	44.  Unit treatment and rehab specialist (class code 5776);
218	45.  Unit treatment and rehab specialist-F/C (class code
219	5791);
220	46.  Unit treatment and rehabilitation supervisor I-F/C
221	SES;
222	47.  Unit treatment and rehabilitation senior supervisor I-
223	F/C SES;
224	48.  Unit treatment and rehabilitation senior supervisor
225	II-F/F SES;
226	49.  Vocational instructor II-F/C (class code 1313);
227	50.  Vocational instructor III-F/C (class code 1315);
228	51.  Vocational teacher EJT-F/C (class code 8085);
229	52.  Wellness education specialist I-F/C (class code 5567);
230	or
231	53.  Wellness education specialist II-F/C (class code
232	5568).
233	Section 3.  The Legislature finds that a proper and
234	legitimate state purpose is served when employees and retirees
235	of the state and its political subdivisions and the dependents,
236	survivors, and beneficiaries of such employees and retirees are
237	extended the basic protections afforded by governmental
238	retirement systems. These persons must be provided benefits that
239	are fair and adequate and that are managed, administered, and
240	funded in a sound actuarial manner, as required by Section 14,
241	Article X of the State Constitution and part VII of chapter 112,
242	Florida Statutes. Therefore, the Legislature hereby determines
243	and declares that this act fulfills an important state interest.
244	Section 4.  This act shall take effect October 1, 2007.

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