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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    Florida Senate - 2007                                   SB 674
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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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    Florida Senate - 2007                                   SB 674
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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);

31  

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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);

31  

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    Florida Senate - 2007                                   SB 674
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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.

13  

14            *****************************************

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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