HB 69

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 as pilots or
5	aerial applicators authorized to provide mosquito control
6	services; providing a definition; providing a declaration
7	of important state interest; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Paragraph (f) is added to subsection (15) of
12	section 121.021, Florida Statutes, to read:
13	121.021  Definitions.--The following words and phrases as
14	used in this chapter have the respective meanings set forth
15	unless a different meaning is plainly required by the context:
16	(15)
17	(f)  Effective October 1, 2007, the term "special risk
18	member" includes any member who is employed as a pilot or an
19	aerial applicator by a municipality, county, special district,
20	or state agency that is authorized to provide mosquito control
21	services under chapter 388 or by special act and who meets the
22	criteria set forth in s. 121.0515(2)(i).
23	Section 2.  Subsection (2) of section 121.0515, Florida
24	Statutes, is amended to read:
25	121.0515  Special risk membership.--
26	(2)  CRITERIA.--A member, to be designated as a special
27	risk member, must meet the following criteria:
28	(a)  The member must be employed as a law enforcement
29	officer and be certified, or required to be certified, in
30	compliance with s. 943.1395; however, sheriffs and elected
31	police chiefs shall be excluded from meeting the certification
32	requirements of this paragraph. In addition, the member's duties
33	and responsibilities must include the pursuit, apprehension, and
34	arrest of law violators or suspected law violators; or the
35	member must be an active member of a bomb disposal unit whose
36	primary responsibility is the location, handling, and disposal
37	of explosive devices; or the member must be the supervisor or
38	command officer of a member or members who have such
39	responsibilities; provided, however, administrative support
40	personnel, including, but not limited to, those whose primary
41	duties and responsibilities are in accounting, purchasing,
42	legal, and personnel, shall not be included;
43	(b)  The member must be employed as a firefighter and be
44	certified, or required to be certified, in compliance with s.
45	633.35 and be employed solely within the fire department of a
46	local government employer or an agency of state government with
47	firefighting responsibilities. In addition, the member's duties
48	and responsibilities must include on-the-scene fighting of
49	fires, fire prevention, or firefighter training; direct
50	supervision of firefighting units, fire prevention, or
51	firefighter training; or aerial firefighting surveillance
52	performed by fixed-wing aircraft pilots employed by the Division
53	of Forestry of the Department of Agriculture and Consumer
54	Services; or the member must be the supervisor or command
55	officer of a member or members who have such responsibilities;
56	provided, however, administrative support personnel, including,
57	but not limited to, those whose primary duties and
58	responsibilities are in accounting, purchasing, legal, and
59	personnel, shall not be included and further provided that all
60	periods of creditable service in fire prevention or firefighter
61	training, or as the supervisor or command officer of a member or
62	members who have such responsibilities, and for which the
63	employer paid the special risk contribution rate, shall be
64	included;
65	(c)  The member must be employed as a correctional officer
66	and be certified, or required to be certified, in compliance
67	with s. 943.1395. In addition, the member's primary duties and
68	responsibilities must be the custody, and physical restraint
69	when necessary, of prisoners or inmates within a prison, jail,
70	or other criminal detention facility, or while on work detail
71	outside the facility, or while being transported; or the member
72	must be the supervisor or command officer of a member or members
73	who have such responsibilities; provided, however,
74	administrative support personnel, including, but not limited to,
75	those whose primary duties and responsibilities are in
76	accounting, purchasing, legal, and personnel, shall not be
77	included; however, wardens and assistant wardens, as defined by
78	rule, shall participate in the Special Risk Class;
79	(d)  The member must be employed by a licensed Advance Life
80	Support (ALS) or Basic Life Support (BLS) employer as an
81	emergency medical technician or a paramedic and be certified in
82	compliance with s. 401.27. In addition, the member's primary
83	duties and responsibilities must include on-the-scene emergency
84	medical care or direct supervision of emergency medical
85	technicians or paramedics, or the member must be the supervisor
86	or command officer of one or more members who have such
87	responsibility. However, administrative support personnel,
88	including, but not limited to, those whose primary
89	responsibilities are in accounting, purchasing, legal, and
90	personnel, shall not be included;
91	(e)  The member must be employed as a community-based
92	correctional probation officer and be certified, or required to
93	be certified, in compliance with s. 943.1395. In addition, the
94	member's primary duties and responsibilities must be the
95	supervised custody, surveillance, control, investigation, and
96	counseling of assigned inmates, probationers, parolees, or
97	community controllees within the community; or the member must
98	be the supervisor of a member or members who have such
99	responsibilities. Administrative support personnel, including,
100	but not limited to, those whose primary duties and
101	responsibilities are in accounting, purchasing, legal services,
102	and personnel management, shall not be included; however,
103	probation and parole circuit and deputy circuit administrators
104	shall participate in the Special Risk Class;
105	(f)  The member must be employed in one of the following
106	classes and must spend at least 75 percent of his or her time
107	performing duties which involve contact with patients or inmates
108	in a correctional or forensic facility or institution:
109	1.  Dietitian (class codes 5203 and 5204);
110	2.  Public health nutrition consultant (class code 5224);
111	3.  Psychological specialist (class codes 5230 and 5231);
112	4.  Psychologist (class code 5234);
113	5.  Senior psychologist (class codes 5237 and 5238);
114	6.  Regional mental health consultant (class code 5240);
115	7.  Psychological Services Director--DCF (class code 5242);
116	8.  Pharmacist (class codes 5245 and 5246);
117	9.  Senior pharmacist (class codes 5248 and 5249);
118	10.  Dentist (class code 5266);
119	11.  Senior dentist (class code 5269);
120	12.  Registered nurse (class codes 5290 and 5291);
121	13.  Senior registered nurse (class codes 5292 and 5293);
122	14.  Registered nurse specialist (class codes 5294 and
123	5295);
124	15.  Clinical associate (class codes 5298 and 5299);
125	16.  Advanced registered nurse practitioner (class codes
126	5297 and 5300);
127	17.  Advanced registered nurse practitioner specialist
128	(class codes 5304 and 5305);
129	18.  Registered nurse supervisor (class codes 5306 and
130	5307);
131	19.  Senior registered nurse supervisor (class codes 5308
132	and 5309);
133	20.  Registered nursing consultant (class codes 5312 and
134	5313);
135	21.  Quality management program supervisor (class code
136	5314);
137	22.  Executive nursing director (class codes 5320 and
138	5321);
139	23.  Speech and hearing therapist (class code 5406); or
140	24.  Pharmacy manager (class code 5251);
141	(g)  The member must be employed as a youth custody officer
142	and be certified, or required to be certified, in compliance
143	with s. 943.1395. In addition, the member's primary duties and
144	responsibilities must be the supervised custody, surveillance,
145	control, investigation, apprehension, arrest, and counseling of
146	assigned juveniles within the community; or
147	(h)  The member must be employed by a law enforcement
148	agency or medical examiner's office in a forensic discipline
149	recognized by the International Association for Identification
150	and must qualify for active membership in the International
151	Association for Identification. The member's primary duties and
152	responsibilities must include the collection, examination,
153	preservation, documentation, preparation, or analysis of
154	physical evidence or testimony, or both, or the member must be
155	the direct supervisor, quality management supervisor, or command
156	officer of one or more individuals with such responsibility.
157	Administrative support personnel, including, but not limited to,
158	those whose primary responsibilities are clerical or in
159	accounting, purchasing, legal, and personnel, shall not be
160	included; or
161	(i)  The member must be employed as a pilot or an aerial
162	applicator by a municipality, county, special district, or state
163	agency that is authorized to provide mosquito control services
164	under chapter 388 or by special act, must be licensed as a pilot
165	by the Federal Aviation Administration, and must satisfy any
166	licensure or certification requirements established by the
167	Department of Agriculture and Consumer Services pursuant to s.
168	388.361(4). In addition, the member's primary duties and
169	responsibilities must include piloting or copiloting, often at
170	low altitudes, a rotary-wing or fixed-wing aircraft for chemical
171	application of pesticides for controlling mosquitoes or other
172	arthropods.
173	Section 3.  The Legislature finds that a proper and
174	legitimate state purpose is served when employees and retirees
175	of the state and its political subdivisions, and the dependents,
176	survivors, and beneficiaries of such employees and retirees, are
177	extended the basic protections afforded by governmental
178	retirement systems. These persons must be provided benefits that
179	are fair and adequate and that are managed, administered, and
180	funded in a sound actuarial manner as required by Section 14,
181	Article X of the State Constitution and part VII of chapter 112,
182	Florida Statutes. Therefore, the Legislature determines and
183	declares that this act fulfills an important state interest.
184	Section 4.  This act shall take effect October 1, 2007.

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