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A bill to be entitled

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An act relating to the Florida Retirement System; amending

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s. 121.021, F.S.; redefining the term "special risk

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member" for the purposes of the Florida Retirement System

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to include certain members employed by certain public

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acute care hospitals; amending s. 121.0515, F.S.; revising

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criteria for membership in the special risk class to

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include certain members employed by certain public acute

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care hospitals; providing a statement of important state

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interest; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (f) is added to subsection (15) of

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section 121.021, Florida Statutes, to read:

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     121.021  Definitions.--The following words and phrases as

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used in this chapter have the respective meanings set forth

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unless a different meaning is plainly required by the context:

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     (15)

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     (f) Effective July 1, 2008, the term "special risk member"

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includes any member who is employed by a public acute care

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hospital that serves as a trauma center and that provides

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treatment to members of the public who have deadly or crippling

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infectious diseases, members of the public who are accused of or

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convicted of serious violent crimes, members of the public who

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have been subjected to hazardous materials or biological or

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chemical agents as a result of terrorism or industrial accidents,

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or members of the public who have diseases the treatment of which

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requires interventions with extremely toxic substances.

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     Section 2.  Subsection (2) of section 121.0515, Florida

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Statutes, is amended to read:

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     121.0515  Special risk membership.--

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     (2)  CRITERIA.--A member, to be designated as a special risk

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member, must meet the following criteria:

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     (a)  The member must be employed as a law enforcement

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officer and be certified, or required to be certified, in

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compliance with s. 943.1395; however, sheriffs and elected police

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chiefs shall be excluded from meeting the certification

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requirements of this paragraph.  In addition, the member's duties

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and responsibilities must include the pursuit, apprehension, and

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arrest of law violators or suspected law violators; or the member

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must be an active member of a bomb disposal unit whose primary

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responsibility is the location, handling, and disposal of

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explosive devices; or the member must be the supervisor or

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command officer of a member or members who have such

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responsibilities; provided, however, administrative support

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personnel, including, but not limited to, those whose primary

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duties and responsibilities are in accounting, purchasing, legal,

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and personnel, shall not be included;

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     (b)  The member must be employed as a firefighter and be

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certified, or required to be certified, in compliance with s.

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633.35 and be employed solely within the fire department of a

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local government employer or an agency of state government with

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firefighting responsibilities. In addition, the member's duties

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and responsibilities must include on-the-scene fighting of fires,

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fire prevention, or firefighter training; direct supervision of

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firefighting units, fire prevention, or firefighter training; or

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aerial firefighting surveillance performed by fixed-wing aircraft

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pilots employed by the Division of Forestry of the Department of

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Agriculture and Consumer Services; or the member must be the

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supervisor or command officer of a member or members who have

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such responsibilities; provided, however, administrative support

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personnel, including, but not limited to, those whose primary

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duties and responsibilities are in accounting, purchasing, legal,

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and personnel, shall not be included and further provided that

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all periods of creditable service in fire prevention or

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firefighter training, or as the supervisor or command officer of

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a member or members who have such responsibilities, and for which

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the employer paid the special risk contribution rate, shall be

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included;

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     (c)  The member must be employed as a correctional officer

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and be certified, or required to be certified, in compliance with

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s. 943.1395.  In addition, the member's primary duties and

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responsibilities must be the custody, and physical restraint when

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necessary, of prisoners or inmates within a prison, jail, or

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other criminal detention facility, or while on work detail

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outside the facility, or while being transported; or the member

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must be the supervisor or command officer of a member or members

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who have such responsibilities; provided, however, administrative

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support personnel, including, but not limited to, those whose

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primary duties and responsibilities are in accounting,

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purchasing, legal, and personnel, shall not be included; however,

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wardens and assistant wardens, as defined by rule, shall

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participate in the Special Risk Class;

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     (d)  The member must be employed by a licensed Advance Life

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Support (ALS) or Basic Life Support (BLS) employer as an

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emergency medical technician or a paramedic and be certified in

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compliance with s. 401.27.  In addition, the member's primary

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duties and responsibilities must include on-the-scene emergency

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medical care or direct supervision of emergency medical

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technicians or paramedics, or the member must be the supervisor

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or command officer of one or more members who have such

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responsibility.  However, administrative support personnel,

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including, but not limited to, those whose primary

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responsibilities are in accounting, purchasing, legal, and

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personnel, shall not be included;

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     (e)  The member must be employed as a community-based

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correctional probation officer and be certified, or required to

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be certified, in compliance with s. 943.1395.  In addition, the

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member's primary duties and responsibilities must be the

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supervised custody, surveillance, control, investigation, and

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counseling of assigned inmates, probationers, parolees, or

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community controllees within the community; or the member must be

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the supervisor of a member or members who have such

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responsibilities. Administrative support personnel, including,

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but not limited to, those whose primary duties and

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responsibilities are in accounting, purchasing, legal services,

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and personnel management, shall not be included; however,

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probation and parole circuit and deputy circuit administrators

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shall participate in the Special Risk Class;

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     (f)  The member must be employed in one of the following

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classes and must spend at least 75 percent of his or her time

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performing duties which involve contact with patients or inmates

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in a correctional or forensic facility or institution:

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     1.  Dietitian (class codes 5203 and 5204);

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     2.  Public health nutrition consultant (class code 5224);

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     3.  Psychological specialist (class codes 5230 and 5231);

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     4.  Psychologist (class code 5234);

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     5.  Senior psychologist (class codes 5237 and 5238);

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     6.  Regional mental health consultant (class code 5240);

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     7.  Psychological Services Director--DCF (class code 5242);

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     8.  Pharmacist (class codes 5245 and 5246);

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     9.  Senior pharmacist (class codes 5248 and 5249);

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     10.  Dentist (class code 5266);

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     11.  Senior dentist (class code 5269);

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     12.  Registered nurse (class codes 5290 and 5291);

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     13.  Senior registered nurse (class codes 5292 and 5293);

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     14.  Registered nurse specialist (class codes 5294 and

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5295);

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     15.  Clinical associate (class codes 5298 and 5299);

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     16.  Advanced registered nurse practitioner (class codes

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5297 and 5300);

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     17.  Advanced registered nurse practitioner specialist

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(class codes 5304 and 5305);

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     18.  Registered nurse supervisor (class codes 5306 and

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5307);

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     19.  Senior registered nurse supervisor (class codes 5308

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and 5309);

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     20.  Registered nursing consultant (class codes 5312 and

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5313);

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     21.  Quality management program supervisor (class code

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5314);

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     22.  Executive nursing director (class codes 5320 and 5321);

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     23.  Speech and hearing therapist (class code 5406); or

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     24.  Pharmacy manager (class code 5251);

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     (g)  The member must be employed as a youth custody officer

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and be certified, or required to be certified, in compliance with

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s. 943.1395. In addition, the member's primary duties and

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responsibilities must be the supervised custody, surveillance,

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control, investigation, apprehension, arrest, and counseling of

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assigned juveniles within the community; or

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     (h)  The member must be employed by a law enforcement agency

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or medical examiner's office in a forensic discipline recognized

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by the International Association for Identification and must

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qualify for active membership in the International Association

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for Identification. The member's primary duties and

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responsibilities must include the collection, examination,

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preservation, documentation, preparation, or analysis of physical

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evidence or testimony, or both, or the member must be the direct

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supervisor, quality management supervisor, or command officer of

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one or more individuals with such responsibility. Administrative

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support personnel, including, but not limited to, those whose

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primary responsibilities are clerical or in accounting,

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purchasing, legal, and personnel, shall not be included; or.

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     (i) The member must be employed by a public acute care

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hospital that serves as a trauma center and that provides

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treatment to members of the public who have deadly or crippling

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infectious diseases, members of the public who are accused of or

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convicted of serious violent crimes, members of the public who

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have been subjected to hazardous materials or biological or

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chemical agents as a result of terrorism or industrial accidents,

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or members of the public who have diseases the treatment of which

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requires interventions with extremely toxic substances.

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     Section 3. The Legislature finds that in providing

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treatment to members of the public who have deadly or crippling

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infectious diseases, members of the public who are accused of or

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convicted of serious violent crimes, members of the public who

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have been subjected to hazardous materials or biological or

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chemical agents as a result of terrorism or industrial accidents,

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or members of the public who have diseases the treatment of which

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requires interventions with extremely toxic substances, a member

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of the Florida Retirement System who is employed by a public

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acute care hospital that serves as a trauma center is serving an

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important state interest and should be a member of the special

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risk class of the Florida Retirement System.

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     Section 4.  This act shall take effect July 1, 2008.