Senate Bill sb0674
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Florida Senate - 2007 SB 674
By Senator Wise
5-166-07
1 A bill to be entitled
2 An act relating to the Florida Retirement
3 System; amending ss. 121.021, 121.0515, F.S.;
4 including specified detention officers and
5 supervisory employees of the Department of
6 Juvenile Justice as special risk members of the
7 system; declaring that the act fulfills an
8 important state interest; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (15) of section 121.021, Florida
14 Statutes, is amended 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)(a) Until October 1, 1978, "special risk member"
19 means any officer or employee whose application is approved by
20 the administrator and who receives salary payments for work
21 performed as a peace officer; law enforcement officer; police
22 officer; highway patrol officer; custodial employee at a
23 correctional or detention facility; correctional agency
24 employee whose duties and responsibilities involve direct
25 contact with inmates, but excluding secretarial and clerical
26 employees; firefighter; or an employee in any other job in the
27 field of law enforcement or fire protection if the duties of
28 such person are certified as hazardous by his or her employer.
29 (b) Effective October 1, 1978, "special risk member"
30 means a member of the Florida Retirement System who is
31 designated as a special risk member by the division in
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1 accordance with s. 121.0515. Such member must be employed as
2 a law enforcement officer, a firefighter, or a correctional
3 officer and must meet certain other special criteria as set
4 forth in s. 121.0515.
5 (c) Effective October 1, 1999, "special risk member"
6 means a member of the Florida Retirement System who is
7 designated as a special risk member by the division in
8 accordance with s. 121.0515. Such member must be employed as
9 a law enforcement officer, a firefighter, a correctional
10 officer, an emergency medical technician, or a paramedic and
11 must meet certain other special criteria as set forth in s.
12 121.0515.
13 (d)1. Effective January 1, 2001, "special risk member"
14 includes any member who is employed as a community-based
15 correctional probation officer and meets the special criteria
16 set forth in s. 121.0515(2)(e).
17 2. Effective January 1, 2001, "special risk member"
18 includes any professional health care bargaining unit or
19 non-unit member who is employed by the Department of
20 Corrections or the Department of Children and Family Services
21 and meets the special criteria set forth in s. 121.0515(2)(f).
22 (e) Effective July 1, 2001, the term "special risk
23 member" includes any member who is employed as a youth custody
24 officer by the Department of Juvenile Justice and meets the
25 special criteria set forth in s. 121.0515(2)(g).
26 (f) Effective July 1, 2007, the term "special risk
27 member" includes a person who is employed by the Department of
28 Juvenile Justice as a juvenile detention officer, as a senior
29 juvenile detention officer, or as the direct supervisor or
30 command officer of such employees and who meets certain other
31 special criteria as set forth in s. 121.0515.
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Florida Senate - 2007 SB 674
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1 Section 2. Subsection (2) of section 121.0515, Florida
2 Statutes, is amended to read:
3 121.0515 Special risk membership.--
4 (2) CRITERIA.--A member, to be designated as a special
5 risk member, must meet the following criteria:
6 (a) The member must be employed as a law enforcement
7 officer and be certified, or required to be certified, in
8 compliance with s. 943.1395; however, sheriffs and elected
9 police chiefs shall be excluded from meeting the certification
10 requirements of this paragraph. In addition, the member's
11 duties and responsibilities must include the pursuit,
12 apprehension, and arrest of law violators or suspected law
13 violators; or the member must be an active member of a bomb
14 disposal unit whose primary responsibility is the location,
15 handling, and disposal of explosive devices; or the member
16 must be the supervisor or command officer of a member or
17 members who have such responsibilities; provided, however,
18 administrative support personnel, including, but not limited
19 to, those whose primary duties and responsibilities are in
20 accounting, purchasing, legal, and personnel, shall not be
21 included;
22 (b) The member must be employed as a firefighter and
23 be certified, or required to be certified, in compliance with
24 s. 633.35 and be employed solely within the fire department of
25 a local government employer or an agency of state government
26 with firefighting responsibilities. In addition, the member's
27 duties and responsibilities must include on-the-scene fighting
28 of fires, fire prevention, or firefighter training; direct
29 supervision of firefighting units, fire prevention, or
30 firefighter training; or aerial firefighting surveillance
31 performed by fixed-wing aircraft pilots employed by the
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1 Division of Forestry of the Department of Agriculture and
2 Consumer Services; or the member must be the supervisor or
3 command officer of a member or members who have such
4 responsibilities; provided, however, administrative support
5 personnel, including, but not limited to, those whose primary
6 duties and responsibilities are in accounting, purchasing,
7 legal, and personnel, shall not be included and further
8 provided that all periods of creditable service in fire
9 prevention or firefighter training, or as the supervisor or
10 command officer of a member or members who have such
11 responsibilities, and for which the employer paid the special
12 risk contribution rate, shall be included;
13 (c) The member must be employed as a correctional
14 officer and be certified, or required to be certified, in
15 compliance with s. 943.1395. In addition, the member's
16 primary duties and responsibilities must be the custody, and
17 physical restraint when necessary, of prisoners or inmates
18 within a prison, jail, or other criminal detention facility,
19 or while on work detail outside the facility, or while being
20 transported; or the member must be the supervisor or command
21 officer of a member or members who have such responsibilities;
22 provided, however, administrative support personnel,
23 including, but not limited to, those whose primary duties and
24 responsibilities are in accounting, purchasing, legal, and
25 personnel, shall not be included; however, wardens and
26 assistant wardens, as defined by rule, shall participate in
27 the Special Risk Class;
28 (d) The member must be employed by a licensed Advance
29 Life Support (ALS) or Basic Life Support (BLS) employer as an
30 emergency medical technician or a paramedic and be certified
31 in compliance with s. 401.27. In addition, the member's
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1 primary duties and responsibilities must include on-the-scene
2 emergency medical care or direct supervision of emergency
3 medical technicians or paramedics, or the member must be the
4 supervisor or command officer of one or more members who have
5 such responsibility. However, administrative support
6 personnel, including, but not limited to, those whose primary
7 responsibilities are in accounting, purchasing, legal, and
8 personnel, shall not be included;
9 (e) The member must be employed as a community-based
10 correctional probation officer and be certified, or required
11 to be certified, in compliance with s. 943.1395. In addition,
12 the member's primary duties and responsibilities must be the
13 supervised custody, surveillance, control, investigation, and
14 counseling of assigned inmates, probationers, parolees, or
15 community controllees within the community; or the member must
16 be the supervisor of a member or members who have such
17 responsibilities. Administrative support personnel, including,
18 but not limited to, those whose primary duties and
19 responsibilities are in accounting, purchasing, legal
20 services, and personnel management, shall not be included;
21 however, probation and parole circuit and deputy circuit
22 administrators shall participate in the Special Risk Class;
23 (f) The member must be employed in one of the
24 following classes and must spend at least 75 percent of his or
25 her time performing duties which involve contact with patients
26 or inmates in a correctional or forensic facility or
27 institution:
28 1. Dietitian (class codes 5203 and 5204);
29 2. Public health nutrition consultant (class code
30 5224);
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1 3. Psychological specialist (class codes 5230 and
2 5231);
3 4. Psychologist (class code 5234);
4 5. Senior psychologist (class codes 5237 and 5238);
5 6. Regional mental health consultant (class code
6 5240);
7 7. Psychological Services Director--DCF (class code
8 5242);
9 8. Pharmacist (class codes 5245 and 5246);
10 9. Senior pharmacist (class codes 5248 and 5249);
11 10. Dentist (class code 5266);
12 11. Senior dentist (class code 5269);
13 12. Registered nurse (class codes 5290 and 5291);
14 13. Senior registered nurse (class codes 5292 and
15 5293);
16 14. Registered nurse specialist (class codes 5294 and
17 5295);
18 15. Clinical associate (class codes 5298 and 5299);
19 16. Advanced registered nurse practitioner (class
20 codes 5297 and 5300);
21 17. Advanced registered nurse practitioner specialist
22 (class codes 5304 and 5305);
23 18. Registered nurse supervisor (class codes 5306 and
24 5307);
25 19. Senior registered nurse supervisor (class codes
26 5308 and 5309);
27 20. Registered nursing consultant (class codes 5312
28 and 5313);
29 21. Quality management program supervisor (class code
30 5314);
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1 22. Executive nursing director (class codes 5320 and
2 5321);
3 23. Speech and hearing therapist (class code 5406); or
4 24. Pharmacy manager (class code 5251);
5 (g) The member must be employed as a youth custody
6 officer and be certified, or required to be certified, in
7 compliance with s. 943.1395. In addition, the member's primary
8 duties and responsibilities must be the supervised custody,
9 surveillance, control, investigation, apprehension, arrest,
10 and counseling of assigned juveniles within the community; or
11 (h) The member must be employed by a law enforcement
12 agency or medical examiner's office in a forensic discipline
13 recognized by the International Association for Identification
14 and must qualify for active membership in the International
15 Association for Identification. The member's primary duties
16 and responsibilities must include the collection, examination,
17 preservation, documentation, preparation, or analysis of
18 physical evidence or testimony, or both, or the member must be
19 the direct supervisor, quality management supervisor, or
20 command officer of one or more individuals with such
21 responsibility. Administrative support personnel, including,
22 but not limited to, those whose primary responsibilities are
23 clerical or in accounting, purchasing, legal, and personnel,
24 shall not be included; or.
25 (i) The member must be employed by the Department of
26 Juvenile Justice as a juvenile detention officer or a senior
27 juvenile detention officer and must be subject to training in
28 compliance with s. 985.66. In addition, the member's primary
29 duties and responsibilities must be the supervision and
30 control of detainees in all activities, the maintenance or
31 assurance of the safe and secure custody of all assigned
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1 detainees, and the creation or maintenance of an environment
2 of zero tolerance for detainee escapes, detainee abuse, sexual
3 harassment, and inappropriate conduct by staff with detainees;
4 or the member must be the direct supervisor or command officer
5 of a member or members who have such responsibilities;
6 however, administrative support personnel, including, but not
7 limited to, those whose primary duties and responsibilities
8 are in accounting, purchasing, legal services, and personnel
9 management, shall not be included.
10 Section 3. The Legislature determines and declares
11 that this act fulfills an important state interest.
12 Section 4. This act shall take effect July 1, 2007.
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15 SENATE SUMMARY
16 Includes juvenile detention officers and senior juvenile
detention officers of the Department of Juvenile Justice,
17 and their direct supervisors or command officers, as
members of the Special Risk Class of the Florida
18 Retirement System.
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