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A bill to be entitled

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An act relating to the Special Risk Class of the Florida

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Retirement System; amending s. 121.021, F.S.; redefining

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the term "special risk member"; amending s. 121.0515,

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F.S.; adding persons who are employed by the state and

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work in certain facilities or settings to the Special Risk

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Class; providing that any member of the Florida Retirement

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System who is employed by the state may seek a review of

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his or her eligibility for the Special Risk Class;

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providing legislative findings that the act fulfills an

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important state 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 October 1, 2008, "special risk member"

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includes any member who meets the criteria set forth in s.

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121.0515(2)(i).

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     Section 2.  Paragraph (i) is added to subsection (2) of

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section 121.0515, Florida Statutes, and paragraph (a) of

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subsection (3) of that section 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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     (i) The member must be employed by the state and spend at

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least 75 percent of his or her time performing duties that

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involve the custody, control, or direct medical care of patients

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or inmates in a correctional, juvenile justice, developmental

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disability, or forensic facility or institution; however,

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administrative support personnel, including, but not limited to,

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those whose primary duties and responsibilities are in

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accounting, purchasing, legal, and personnel, are not included.

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     (3)  PROCEDURE FOR DESIGNATING.--

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     (a) Any member of the Florida Retirement System employed by

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a county, city, or special district who feels that he or she

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meets the criteria set forth in this section for membership in

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the Special Risk Class may request that his or her employer

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submit an application to the department requesting that the

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department designate him or her as a special risk member. If the

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employer agrees that the member meets the requirements for

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special risk membership, the employer shall submit an application

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to the department in behalf of the employee containing a

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certification that the member meets the criteria for special risk

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membership set forth in this section and such other supporting

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documentation as may be required by administrative rule. The

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department shall, within 90 days, either designate or refuse to

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designate the member as a special risk member. If the employer

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declines to submit the member's application to the department or

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if the department does not designate the member as a special risk

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member, the member or the employer may appeal to the State

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Retirement Commission, as provided in s. 121.23, for designation

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as a special risk member. A member who receives a final

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affirmative ruling pursuant to such appeal for special risk

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membership shall have special risk membership retroactive to the

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date the such member would have had special risk membership had

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such membership been approved by the employer and the department,

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as determined by the department, and the employer contributions

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shall be paid in full within 1 year after the such final ruling.

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     Section 3. The Legislature finds that a proper and

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legitimate state purpose is served when employees and retirees of

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the state and the dependents, survivors, and beneficiaries of

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such employees and retirees are extended the basic protections

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afforded by governmental retirement systems. These persons must

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be provided benefits that are fair and adequate and that are

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managed, administered, and funded in a sound actuarial manner, as

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required by Section 14, Article X of the State Constitution and

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part VII of chapter 112, Florida Statutes. Therefore, the

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Legislature hereby determines and declares that this act fulfills

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an important state interest.

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